The Committee on Migrant Workers today concluded its consideration of the third periodic report of Azerbaijan on measures taken to implement the International Convention on the Protection of the Right of All Migrant Workers and Members of Their Families, asking about irregular migration as well as about migrants in detention centres.
Committee Experts noted that Azerbaijan had been one of the first to join the Convention, praising progress in the country as well as efforts toward better protection of migrant workers in the country. Committee Experts underscored how important it was to use correct terminology when discussing migration, noting that the Committee used the word “irregular.” Human beings were not illegal, they were always legal. Migration was not an illegal act, but a migrant could be irregular.
Vusal Huseynov, Chief of the State Migration Service of Azerbaijan and head of the delegation, introducing the report, noted that the government had adopted new strategic documents, which envisaged improving the regulation processes around labour migration and the facilitation of visa issuing, among other goals. A unified database of information about foreigners, stateless persons, refugees and citizens living abroad had been integrated into the State registry of population. Insurance and pension systems provided reliable social protection for migrant workers, and there were no restrictions on migrant workers joining trade unions. As for education, all citizens were guaranteed the right to secondary education, and thousands of foreign and stateless students also studied at secondary schools. Legal labor migration was essential for the full protection of the rights of all migrant workers and their families, he said; Azerbaijan was ready to answer questions from Committee Experts.
In the ensuing discussion, Committee Experts asked for detailed follow-up information on the situation of people said to be voluntarily staying in detention centres, questioning the concept of voluntary stays in such centres. They also asked for details about Azerbaijan’s work to promote the Covenant vis-à-vis countries it had partnerships with on matters pertaining to migrant workers, as well as details around its work permit and residence permit system.
The delegation of Azerbaijan was comprised of representatives of the Migration and Citizenship Issues Sector of the Department for Work with Law Enforcement Bodies of the Presidential Administration; the State Migration Service; the Ministry of Justice; the Ministry of Foreign Affairs; the Ministry of Labor and Social Protection of Population; the Ministry of Internal Affairs; and the Permanent Mission of to the United Nations Office at Geneva.
The Committee will issue the concluding observations and recommendations on the report of Azerbaijan at the end of its thirty-third session, which concludes on 8 October. Those, and other documents relating to the Committee’s work, including reports submitted by States parties, will be available on the session’s webpage. The webcast of the Committee’s public meetings can be accessed at https://webtv.un.org/.
The Committee will next meet in public on Wednesday, 6 October at 3 p.m. to hold an informal meeting with States and other stakeholders.
Report
The Committee has before it the third report of Azerbaijan (CMW/C/AZE/3).
Presentation of the Report
VUSAL HUSEYNOV, Chief of the State Migration Service of Azerbaijan and head of the delegation, introducing the report, said strategic documents adopted envisaged improving the labour migration process regulation system, the facilitation of the visa issuing process, and the prevention of illegal flows of foreign labour forces to Azerbaijan, among other goals. A draft migration strategy for the next few years had been prepared, whose general purpose was to ensure that the migration management model facilitated legal migration procedures and prevented irregular migration, while developing a protection system for vulnerable groups, among other goals.
In 2013, Azerbaijan’s Migration Code had come into force, which regulated migration processes and the legal status of foreigners and stateless persons. The legislation was based on the principles of respect for human rights and the rule of law, ensuring that Azerbaijan’s migration legislation was in line with international legal norms. Except for cases provided for in the Labour Code, migrant workers enjoyed the same rights as citizens in terms of working conditions and salaries. A unified database of information about foreigners, stateless persons, refugees and citizens living abroad had been integrated into the State registry of population. Legislation and procedures for obtaining work permits had been simplified.
Azerbaijan’s insurance and pension system provided reliable social protection for migrant workers, Mr. Huseynov said, adding that there were no restrictions on migrant workers joining trade unions. As for education, he noted that all citizens were guaranteed the right to secondary education, and that thousands of foreign and stateless students also studied at secondary schools; the Ministry of Education and the State Migration Service did not exchange information on the legal status of parents of foreign children studying in schools. Medical services in public medical institutions were free of charge, and migrants had access to emergency and special medical care without any restrictions or discrimination. All children born in the country were registered, regardless of the migration status of their parents.
As for matters of access to justice, Mr. Huseynov specified that foreigners and stateless persons could lodge complaints, and migrant workers could apply to judicial instances on the same grounds and conditions as citizens. Reviewing legislation around residence permits, he noted that foreigners who were victims of human trafficking or who assisted criminal investigation bodies were eligible for temporary residence permits, for example. There was also a working group established to eliminate statelessness in Azerbaijan. Azerbaijanis residing abroad were registered at the relevant consulates. Legal labor migration was essential for the full protection of the rights of all migrant workers and their families, he said, noting that an action plan on combating human trafficking had provided assistance to foreigners identified as victims. Azerbaijan was ready to answer questions from Committee Experts, he concluded.