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Int Cmw Ngo Aze 10 8069 CITIZENS` LABOUR RIGHTS PROTECTION LEAGUE SITUATION WITH PROVISION OF THE RIGHTS OF MIGRANT WORKERS AND THEIR FAMILY MEMBERS IN AZERBAIJAN LEGISLATION AND PRACTICE REPORT ON OUTCOMES OF THE MONITORING BAKU-2009 General editing and compilation: Sahib Mammadov Monitoring conducted by professional staff Sahib Mammadov Alimammad Nuriyev Irada Javadova Hamid Xalilov This publication was supported by a grant from the OSI Assistance Foundation The Monitoring report has been prepared and published within the “Support to provision of human rights of migrant workers” project implemented by Citizens’ Labur Rights Protection League with financial assistance of Open Society Institute – Assistance Foundation (Central Eurasia Project) Citizens’ Labour Rights Protection League Address: 87/9, Rasul Rza str, AZ1014, Baku, Tel.: (+99412) 495 85 54; (994 50) 314 49 15 E-mail: [email protected]; [email protected] © CLRPL © OSI-AF 2 CONTENT Summary Introduction Analysis of the legislation Nonstructured interview with migrant workers Analysis of statistics regarding migrant workers Conduction of survey Final outcomes and recommendations regarding the monitoring Annexes 3 SUMMARY The monitoring conducted within Notwithstanding the fact that there the “Support to provision of human are many international documents rights of migrant workers” project imposing obligations on states for implemented by Citizens’ Labur protection of all rights, including Rights Protection League with social rights of migrant workers and financial assistance of Open Society their family members in the Institute – Assistance Foundation destination country, the rights of (Central Eurasia Project) is aimed to persons within this category are determine the situation with provision most of all violated. The of the human rights of foreigners and introduction part of the report also stateless persons working in include information about main Azerbaijan and their family members, rights of the migrant workers and and to prepare recommendations on international standards regarding elimination of gaps in the legislation their situation in the destination and shortcomings in the practice country. revealed as a result of monitoring. At The following section of the the same time, depending on the report is dedicated to the analysis of outcomes of the Monitoring the legislation. Within the analysis determination of the strategy for the legislation is compared with subsequent actions and international norms to with the implementation of the appropriate Republic of Azerbaijan is party and actions in compliance with the these norms are listed. When the strategy was taken into account. national legislation is analysed the The presented report, prepared principles and standards reflected in based on the particular methodology the International Convention on the and with application of various Protection of the Rights of All monitoring tools, mainly covers the Migrant Workers and Members of following issues: Their Families adopted in 1990 The introductory part of the under the aegis of UN and later report provides information about ratified by the States are considered general problems related to the basic. Within the analysis the legal migrant workers in the world, opportunities for migrant workers efforts of international organizations for their labour activity in the to eliminate these problems, country provided on the level of including information about the legislation and subordinate legal adopted international documents. norms, problems arising during 4 application of these norms and structures of the Ministry of Foreign causes of these problems have been Affairs (embassies, consulates, etc.). analyzed. In accordance with the migrant workers enetring the Constitution International country with common entry visa agreements wherein the Azerbaijan may not legalise their labour Republic is one of the parties activity and have to face numerous constitute an integral part of bureaucratic obstacles. legislative system of the Azerbaijan Republic and provisions of Shortcomings in legislation, international agreements shall serious violations in the practice dominate, except Constitution and caused the situation where majority acts accepted by way of (more than 90%) of aliens and referendum. It means that, stateless persons working in the whenever there is disagreement country are in illegal situation. between normative-legal acts in While analysing the legislation legislative system of the Azerbaijan the main provisions hindering from Republic and international conduction of labour activity were agreements wherein the Azerbaijan shown and the appropriate Republic is one of the parties, recommendations have been provisions of international prepared for their elimination. agreements shall dominate. Several tools have been used It was determined that in many during the monitoring for cases both appropriate legislative determining the problems existing acts particularly Laws of the in practice. These tools are Republic of Azerbaijan on “The Nonstructured interview with Law Legal Status of aliens and migrant workers, Analysis of stateless persons”, “The Law Exit, statistics regarding migrant Entry and Pasports”, “The Law workers, Conduction of survey. on immigration”, “The Law on The opinion regarding Labour migration” and other nonstructured interview with normative legal acts adopted with migrant workers has been provided the purpose of implementation of in the monitoring report. The main these laws disagree with appropriate purpose of interviews has been to international norms to which the learn the typical problems or country is party, and thus human migrant workers and their family rights or migrant workers are members. Migrant workers have violated. been divided into several categories Migrant workers entering and interviews with them played a country with the purpose of labour serious role in obtaining clear activity may not obtain labour visa. picture of their problems. The main reason is existence of When analysing statistics shortcomings in the visa system. related to migrant workers it was Thus, labour visa is not issued in the revealed that both official and 5 unofficial statistics do not reflect the country. The second part was real quantitative indicators of related to the real situation of migrant workers. Thus, till January migrant workers and their family 1, 2008, 1700 migrant workers from members and situation with 65 countries of the world have been provision of human rights. registered, at the end of the year this According to the opinion of number became 4200. In fact, the experts participating in the survey, main reason of increase of the impact of migrant workers on registered migrant workers during the labour market of the country is the year in comparison with not felt very much at the present previous years is not increase of stage. But the opinion of the inflow of migrant workers. This is majority of experts is that there are related to the high fines for both legal and practical problems employers who employ aliens and for legal activity of migrant workers stateless persons without personal in the country. permit. According to the unofficial At the end of the report, Final statistics, number of illegal migrant outcomes and recommendations workers already exceeded 40 000. regarding the monitoring have But this is also not real statistics. been provided. The According to the certain sources, recommendations are directed both only the number of ethnic to the improvement of the Azerbaijani’s coming for labour legislation and elimination of activity to Azerbaijan from Georgia shortcomings in practice. The is more than 100 000. Thus, there is following conclusions have been no exact statistics of migrant made as a result of the monitoring. workers in the country. And this, on its turn creates serious problems at • The legislation is not the labour market of the country. perfect; Survey has been conducted • Visa system has among experts. shortcomings; The main purpose of the survey • The procedures for was to learn about the impact of obtaining permission for legal migrant workers on labour market labour activity are complicated; and the economy of the country and • Informal sector comprises the real situation of migrant workers more than 50% of the country’s in the Republic of Azerbaijan. From labour market. And this creates this point of view, survey consisted conditions for migrants workers of two parts. The first part was to be majority in the informal related to the legal situation of sector. migrant workers and their impact on labour market and the economy of 6 INTRODUCTION In many cases they do not know People do not in mass leave salary system, living standards of their home country only in cases of the host country and as a result the wars, pursuit or natural disaster. salary that seems relatively high There are other situations forcing does not meet their needs in the people to leave their home country country they moved to. for a relatively long period of time. They do not know the laws of The most wide spread leaving the the country and thus do not know home country with purpose to their rights and as a result their search a job and attempts of rights are violated. In such situation people to sell their labour. Such migrant workers in many cases are people are called migrant workers forced to work as slaves. in the international law. Such The existing situation related to flows of people are usually from the migrant workers has always countries with continuous
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