Children in Azerbaijan engage in the worst forms of child labor, including in commercial sexual exploitation and forced begging. Children also engage in child labor in agriculture. (1-10) Table 1 provides key indicators on children's work and education in Azerbaijan.

Source for primary completion rate: Data from 2018, published by UNESCO Institute for Statistics, 2020. (11)
Source for all other data: International Labor Organization's analysis of statistics from the Child Labor Survey, 2005. (12)

Based on a review of available information, Table 2 provides an overview of children's work by sector and activity.

† Determined by national law or regulation as hazardous and, as such, relevant to Article 3(d) of ILO C. 182.
‡ Child labor understood as the worst forms of child labor per se under Article 3(a)–(c) of ILO C. 182.

Child labor in Azerbaijan occurs in the agriculture sector; however, there are limited data available to indicate how many children are currently engaged in child labor in this or other sectors. (1,4,10) As was the case in 2018, in 2019, children under age 15 worked alongside their parents picking cotton to augment family incomes. However, the prevalence of child labor in cotton harvesting is unknown. (4,17-19)

Crop production in Azerbaijan is governed by a "priority" system that conditions agricultural subsidies, services, and access to public resources such as irrigation water on whether farmers produce one or more crops that the government has designated as high priority. Currently, priority crops include cotton, tobacco, sugar beets, hazelnuts, tomatoes, and other fruits and vegetables. (4) In some cases, regional and local government officials are held responsible for mobilizing sufficient labor to meet established production targets for one or more of these priority crops. (20-23,24,25) This system creates a risk that farmers and local officials may turn to exploitative labor practices, including child labor and forced labor, to ensure they are able to meet production targets for designated crops. (19,25)

Children in Azerbaijan are subjected to sexual exploitation domestically. (1,2,26) Street children, many of whom become homeless after they are released from government-run orphanages and correctional facilities, and children from marginalized communities are particularly vulnerable to human trafficking. (1,2,26,27) Children living in border towns and economically depressed rural communities are also especially vulnerable to human trafficking. (1,2,28)

Although Article 5 of the Education Law guarantees free universal education, undocumented children and children with disabilities face difficulty accessing education. Children without identification documents are ineligible to enroll in school, which affects 35 to 40 percent of children referred annually to shelters for minors. (4) The court proceedings required to secure identification documents can take up to 2 or more years, during which time children cannot attend school. Although government-run shelters are able to provide interim individual education services while undocumented children await identification papers, NGO-run shelters lack the capacity to provide such services. (4) Children with disabilities face barriers to education that include inaccessibility within the physical infrastructure of schools, lack of specialized training for teachers on inclusive education, and a general social stigma against individuals with disabilities and children from the Roma ethnic community. (1,29,30) In addition, children in rural areas have low rates of school attendance. (1) Children not attending school are vulnerable to child labor.

Azerbaijan has ratified all key international conventions concerning child labor (Table 3).

The government has established laws and regulations related to child labor (Table 4). However, gaps exist in Azerbaijan's legal framework to adequately protect children from the worst forms of child labor, including the minimum age for work.

Azerbaijan's Labor Code applies only to workers with written employment contracts. (31,39) In 2014, the government established both administrative and criminal penalties for employing people without an employment agreement, and it has also implemented administrative requirements that employers register all employment contracts in an electronic database. (31,35) Although these provisions strengthened protections for working children by attempting to ensure that all working children are employed under a contract, self-employed children and children working outside formal employment relationships, especially children performing work on the streets and child beggars, remain unprotected. (7,39,40)

The laws criminalizing commercial sexual exploitation of children are insufficient because the crime of involving a child in prostitution established by Criminal Code Article 171 does not criminalize the users (clients) of prostitution involving children. Similarly, the criminalization of involvement of a child in "immoral actions" does not clearly criminalize the use, procuring, or offering of a child for the production of pornography or pornographic performances. (35)

The government has established institutional mechanisms for the enforcement of laws and regulations on child labor (Table 5). However, the absence of worksite inspections conducted at the national level in Azerbaijan may impede the enforcement of child labor laws.

During the reporting period, sources reported a lack of coordination between law enforcement agencies. (1,2,4)

Labor Law Enforcement

In 2019, the absence of worksite inspections conducted at the national level in Azerbaijan may have impeded the enforcement of child labor laws (Table 6).

The government suspended all routine and unannounced labor inspections in 2016 as part of a broader anti-corruption drive. In 2017, this moratorium was extended until 2021 as part of an effort to stimulate small and medium business growth. (1,46,47,48) Although the State Labor Inspection Service (SLIS) is still able to receive and respond to complaints, this response cannot include onsite inspections. Instead, the SLIS investigates complaints by requesting information from the employer in question and, if necessary, relevant employees. (45,46,48) On the basis of the information received, inspectors identify violations and impose appropriate penalties. The SLIS can impose penalties directly against individuals but must refer cases to the courts to levy penalties against corporate entities. (46) The SLIS is also able to detect potential minimum age violations by monitoring an electronic database of labor contracts, but is not currently empowered to impose penalties related to violations detected in this manner. However, the government has drafted a law that, once enacted, will enable labor inspectors to impose penalties for violations identified based on electronic labor contracts. (46)

The number of labor inspectors is likely insufficient for the size of Azerbaijan's workforce, which includes more than 5 million workers. According to the ILO's technical advice of a ratio approaching 1 inspector for every 20,000 workers in transition economies, Azerbaijan would employ about 256 labor inspectors. (49,50) Government officials also assess the number of inspectors as insufficient to fully enforce child labor laws in Azerbaijan. (51)

In 2019, the SLIS received a total of 8,512 complaints, of which approximately 35 percent were referred from other government entities, such as the Ministry of Internal Affairs (MOIA) and the Azerbaijan Service and Assessment Network, which monitors electronic work agreements in the construction sector. (45,46) The SLIS identified 625 total violations of labor laws. The SLIS imposed penalties in 556 of these cases, totaling approximately $531,235 (903,100 manat). Courts imposed penalties in 69 cases, totaling approximately $700,588 (1,191,000 manat). (43,45) Labor inspectors identified seven child labor violations involving a total of nine children, all of whom were working below the minimum age for work. Two children were working in transportation, two in car repair, one in retail, and one in catering. (10,47) The SLIS assessed approximately $682 (1,160 manat) in fines for each of the violations detected in transportation, car repair, and retail. (10) The SLIS assessed a penalty of approximately $1,765 (3,000 manat) for the violation detected in catering, based on a determination that the child involved was working under hazardous conditions. (52,53)

Criminal Law Enforcement

In 2019, criminal law enforcement agencies in Azerbaijan took actions to combat child labor (Table 7). However, gaps exist within the operations of the criminal enforcement agencies that may hinder adequate criminal law enforcement, including investigation planning.

In 2019, police identified one case of forced child begging and one case of child commercial sexual exploitation, both of which were referred for prosecution. (4,27) One case of forced child begging that MOIA identified in 2018 and referred for prosecution culminated in a conviction in December 2019. The perpetrator was sentenced to 7.5 years' imprisonment. (4) In addition, MOIA completed an initial investigation of a forced begging case that an NGO referred to law enforcement in 2018. This case is now pending before the Baku Court on Grave Crimes. (42) Although MOIA officials indicated that all five cases of child commercial sexual exploitation that law enforcement agencies identified in 2018 were referred for prosecution, the status of these cases is unknown. (4)

During the reporting period, officers from the Anti-Trafficking Division within MOIA attended 37 domestic and 14 international trainings on trafficking in persons. The Ministry of Justice organized trainings on trafficking that were attended by 29 judges, 9 lawyers, 7 prosecutors, and 8 MOIA officials. (27)

Parents forcing children to beg or engage in street work is typically treated as a family issue, rather than a criminal offense. As a result, these cases are often referred to the Commission on Juvenile Issues and Protection of Minors' Rights for coordination of services, rather than to law enforcement agencies for criminal investigation and prosecution. (1,27,42) NGOs also report that police decline to investigate the majority of forced begging cases referred to them, and that children identified in child labor resume work almost immediately after being identified by law enforcement officials. (4,29,51) In addition, child labor law enforcement efforts are concentrated in Baku, with few investigations being undertaken outside the capital. (26)

The government has established mechanisms to coordinate its efforts to address child labor (Table 8). However, gaps exist that hinder the effective coordination of efforts to address child labor, including efficacy in accomplishing mandates.

Although Commissions on Juvenile Issues and Protection of Minors' Rights exist at both the national and local levels, research was unable to determine the relationship between these respective national and local coordinating bodies. Sources report that the efficacy of the State Committee on Family, Women, and Children's Affairs (SFWCA) as a coordinating body is limited. (4,51) The SFWCA's staff members have reported that they lack the legal authority to give instructions to other government organizations about child labor and child welfare matters, which limits the SFWCA's ability to harmonize policies across the different agencies. (51) Although the SFWCA is empowered to work with district-level Executive Committees to coordinate policy and research related to children, the body has limited capacity to do so. (4)

The government has established policies related to child labor (Table 9). However, policy gaps exist that hinder efforts to address child labor, including covering all worst forms of child labor.

Although the government has adopted the State Program on Azerbaijani Youth that contains a mandate to raise awareness of human trafficking, research found no evidence of a policy on other worst forms of child labor, including forced begging or hazardous child labor in agriculture. Furthermore, although the government drafted a new National Action Plan in 2018 to Combat Trafficking in Human Beings (2019–2023), this policy was pending approval by the Cabinet of Ministers during the reporting period and did not enter into force until 2020. (4,62) The draft National Action Plan (2019–2023) incorporated international recommendations and suggestions from Azerbaijani counter-trafficking NGOs, and specified implementing and coordinating bodies for individual action items. However, it lacked clear indicators of the source and amount of funding to implement the plan's associated programs, which could result in a lack of funding necessary for full implementation. (4,57)

In 2019, the government funded and participated in programs that include the goal of eliminating or preventing child labor (Table 10). However, gaps exist in these social programs, including with funding.

† Program is funded by the Government of Azerbaijan.
‡ The government had other social programs that may have included the goal of eliminating or preventing child labor. (2,39)

In 2019, the Ministry of Agriculture incorporated information on preventing child labor in agriculture into trainings given to farmers. The Ministry of Agriculture also took steps to prevent child labor in the cotton harvest, including by promoting the use of mechanical harvesters and by issuing instructions to local authorities to prohibit labor exploitation in the harvest. (60) However, research was unable to determine whether the scope of these efforts was sufficient to address the extent of the problem.

In 2019, the Council on State Support to Non-Governmental Organizations allocated 57,000 manat (approximately $33,500) to NGO-run shelters for human trafficking victims and substantially increased funding for these NGOs for projects related to human trafficking prevention and victim assistance. (27,42) However, the level of government support for these NGO-run shelters is inconsistent. (2) Directors of these shelters note that the unpredictable nature of funding prevents long-term planning and capacity building of shelters. (2,54,61) Therefore, child victims have limited access to facilities that offer specialized care. (51) One NGO-run shelter that provides such services does not receive consistent government funding, and most of its staff worked on a voluntary basis due to the lack of government funding and an inability to receive foreign assistance caused by government restrictions. (2,54,61)

Based on the reporting above, suggested actions are identified that would advance the elimination of child labor in Azerbaijan (Table 11).

1. U.S. Embassy- Baku. Reporting. February 21, 2019a.

2. U.S. Embassy- Baku. Reporting. February 21, 2019b.

3. U.S. Department of State. Trafficking in Persons Report- 2019: Azerbaijan. Washington, DC. June 20, 2019.
   https://www.state.gov/reports/2019-trafficking-in-persons-report-2/azerbaijan/.

4. U.S. Embassy- Baku. Reporting, January 14, 2020.

5. Council of Europe. Report submitted by the authorities of Azerbaijan on measures taken to comply with Committee of the Parties Recommendation CP(2014)10 on the implementation of the Council of Europe Convention on Action against Trafficking in Human Beings. CP(2016)13. June 28, 2016.
   https://rm.coe.int/16806c0681.

6. U.S. Embassy- Baku. Reporting. February 7, 2018.

7. ILO Committee of Experts. Individual Direct Request concerning Labor Inspection Convention, 1947 (No. 81)- Azerbaijan (Ratification: 2000) and Labor Inspection (Agriculture) Convention, 1969 (No. 129)- Azerbaijan (Ratification: 2000) Published: 2017. Accessed November 24, 2017.
   http://www.ilo.org/dyn/normlex/en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID:3295390:YES.

8. Meydan TV. Working for pennies: Life in the fields for seasonal laborers. July 29, 2017.
   https://d9mc3ts4czbpr.cloudfront.net/en/article/working-for-pennies-life-in-the-fields-for-seasonal-laborers/.

9. Elver, Hilal. Statement by Ms. Hilal Elver, United Nations Special Rapporteur on the right to food on her visit to the Republic of Azerbaijan, 1-11 October 2019. United Nations Human Rights Commission, October 11, 2019.
   https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=25122&LangID=E.

10. U.S. Embassy- Baku. Reporting, March 12, 2020a.

11. UNESCO Institute for Statistics. Gross intake ratio to the last grade of primary education, both sexes (%). Accessed March 1, 2020. For more information, please see "Children's Work and Education Statistics: Sources and Definitions" in the Reference Materials section of this report.
    http://data.uis.unesco.org/.

12. ILO. Analysis of Child Economic Activity and School Attendance Statistics from National Household or Child Labor Surveys. Original data from Child Labor Survey, 2005. Analysis received March 2020. Please see "Children's Work and Education Statistics: Sources and Definitions" in the Reference Materials section of this report.

13. UNICEF. Children living and/or working in the streets of Georgia. 2018.
    http://unicef.ge/uploads/Street_Children_research_ENG_Full_study.pdf.

14. U.S. Embassy- Baku. Reporting, January 15, 2015.

15. Government of Azerbaijan. Written communication on a survey conducted by the State Committee for Family, Women and Child Affairs (SCFWCA) in collaboration with UNICEF in two regions of Azerbaijan, 2017-2018. March 2020. Source on file.

16. BBC Monitoring Trans Caucasus Unit. Azerbaijan: Ganca media highlights 25 Sep - 1 Oct 17. October 3, 2017. Source on file.

17. Azerbaijan Cotton Farming. Cotton in Azerbaijan: an unprotected zone for human rights. October 17, 2019.
    https://www.youtube.com/watch?v=bnD0Jon_w1M.

18. Turan News Agency. Increased Yields or Azerbaijani Cotton Relying on Children. December 25, 2019.
    https://www.turan.az/ext/news/2019/-/free/markets/en/121594.htm.

19. Gubad Ibadoghlu and Vahid Maharramov. On the human rights situation in the cotton fields of Azerbaijan: Monitoring report. 2020. Source on file.

20. Geybulla, Arzu. Flying Carpets and Broken Pipelines: The myth around Azerbaijan's cotton industry revival. Blog. May 2, 2018.
    https://flyingcarpetsandbrokenpipelines.blogspot.com/2018/04/the-myth-around-azerbaijans-cotton.html.

21. Hromadske International. The True Price of Azerbaijani Cotton. August 17, 2018.
    https://en.hromadske.ua/posts/the-true-price-of-azerbaijani-cotton?link_id=99&can_id=c012fb00178c3fe81b45b701d3d72a30.

22. Jam News. A story from a field of "white gold": Will cotton save the Azerbaijani economy? February 10, 2018.
    https://jam-news.net/a-story-from-a-field-of-white-gold-will-cotton-save-the-azerbaijani-economy/.

23. Talibli, Mahammad. The Land or the future: Does the return of cotton mean a return to socialism? Meydan TV. October 20, 2016.
    https://www.meydan.tv/en/article/the-land-or-the-future-does-the-return-of-cotton-mean-a-return-to-socialism/?/ref=redirect.

24. Executive Committee of Goranboy District of Azerbaijan. Meeting of the Goranboy District activists on the results of 2018 in Goranboy region and upcoming tasks in 2019. March 6, 2019.
    http://goranboy-ih.gov.az/news/251.html.

25. Maharramov, Vahid and Gubad Ibadoghlu. Monitoring report on assessment of human rights situations in cotton fields of the Republic of Azerbaijan (Monitoring period: October 1, 2018-January 30, 2019). 2019.
    https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3458625.

26. U.S. Embassy- Baku official. E-mail communication to USDOL official. July 18, 2019.

27. U.S. Embassy- Baku. Reporting, March 12, 2020b.

28. U.S. Embassy- Baku. Reporting. February 13, 2015.

29. U.S. Embassy- Baku. Reporting. January 27, 2017.

30. UNICEF. Knowledge, attitudes and practices towards children with disabilities in Azerbaijan. March 2018.
    https://www.unicef.org/azerbaijan/media/796/file/Children with disabilities-ENG-AZ.pdf .pdf.

31. Government of Azerbaijan. Labor Code of the Republic of Azerbaijan. Enacted: February 1, 1999.
    http://scfwca.gov.az/store/media/NewFolder/Labor Code of the Republic of Azerbaijan.doc.

32. Government of Azerbaijan. Decree of the Cabinet of Ministers of the Republic of Azerbaijan "On approval of list of jobs with difficult and hazardous work conditions, professions as well as underground works where application of labor of children under age of 18 is prohibited" Decree No. 58. Enacted: March 24, 2000. Source on file.

33. Government of Azerbaijan. Law of the Republic of Azerbaijan on the Rights of the Child. May 19, 1998. Source on file.

34. Government of Azerbaijan. Constitution of the Azerbaijan Republic, Article 35. Enacted: November 12, 1995. Source on file.

35. Government of Azerbaijan. Criminal Code of the Republic of Azerbaijan. Enacted: September 1, 2000.
    http://scfwca.gov.az/store/media/NewFolder/Criminal Code of the Republic of Azerbaijan.doc.

36. Government of Azerbaijan. Presidential Decree on Enactment of the Law on Trafficking in Persons. Enacted: August 5, 2005.
    http://www.refworld.org/cgi-bin/texis/vtx/rwmain?docid=4417f1214.

37. Government of Azerbaijan. Law of The Republic of Azerbaijan on Military Duty and Military Service, Law No. 274-IVQ. Enacted: December 23, 2011.
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38. Government of Azerbaijan. Education Law of the Republic of Azerbaijan, Law No. 324. Enacted: 1992. Source on file.
    http://mdu.edu.az/index.php/en/documents/education-law-of-the-republic-of-azerbaijan.

39. Government of Azerbaijan. Written communication. Submitted in response to USDOL Federal Register Notice (2018). Request for information on efforts by certain countries to eliminate the worst forms of child labor. Source on file.

40. ILO Committee of Experts. Individual Observation concerning Minimum Age Convention, 1973 (No. 138)- Azerbaijan (Ratification: 1992) Published: 2015. Accessed March 8, 2016.
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41. Government of Azerbaijan. "Rules of the National Referral Mechanism on Victims of Human Trafficking," No. 123. Enacted: August 11, 2009. Source on file.

42. Government of Azerbaijan. Written communication. Submitted in response to USDOL Federal Register Notice (2019). Request for information on efforts by certain countries to eliminate the worst forms of child labor. Source on file.

43. Government of Azerbaijan officials. Written communication to USDOL official: Answers to the Additional Questions for the Ministry of Labor and Social Protection of Population based on 2/25/20 Video Conference (DVC). May 2020. Source on file.

44. Government of Azerbaijan officials. Interview with USDOL officials. June 10, 2019.

45. Government of Azerbaijan. Post-Hearing comments submitted by the Government of the Republic of Azerbaijan in response to the additional questions by the GSP Subcommittee. February 27, 2020. Source on file.

46. Government of Azerbaijan officials. Interview with USDOL officials. February 25, 2020.

47. Deputy Minister of Labor and Social Protection Anar Karimov. GSP Subcommittee. Public Hearing for U.S. Generalized System of Preferences (GSP) Review of Country Practices. January 30, 2020.
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48. Government of Azerbaijan officials. Written communication to USDOL official: Information by the Ministry of Labor and Social Protection on request by the Department of Labor. May 2020. Source on file.

49. CIA. The World Factbook. Accessed June 25, 2019. Please see "Labor Law Enforcement: Sources and Definitions" in the Reference Materials section of this report.
    https://www.cia.gov/Library/publications/the-world-factbook/rankorder/2095rank.html.

50. UN. World Economic Situation and Prospects 2012 Statistical Annex. New York. 2012.
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51. U.S. Embassy- Baku official. E-mail communication to USDOL official. March 15, 2019.

52. Government of Azerbaijan. Code on Administrative offences of the Republic of Azerbaijan. Enacted: 2015.
    http://e-qanun.az/code/24.

53. Government of Azerbaijan officials. Written communication to USDOL official: Answers to follow-up questions regarding information submitted by the Government of Azerbaijan to USDOL. June 2020. Source on file.

54. U.S. Embassy- Baku. Reporting. February 14, 2018.

55. Government of Azerbaijan. Written communication: Information submitted by the Ministry of Youth and Sport of the Republic of Azerbaijan. June 2020. Source on file.

56. Government of Azerbaijan. State Program on improving official statistics in the Republic of Azerbaijan in 2018-2025. February 14, 2018.
    https://www.stat.gov.az/menu/2/state_programs/2018_2025/.

57. Government of Azerbaijan. The National Action Plan for the years 2019-2023 on Combating trafficking in human beings in Azerbaijan Republic. Draft. Source on file.

58. ILO and Government of Azerbaijan for 2016-2020. Decent Work Country Programme- Azerbaijan. 2016.
    http://www.ilo.org/wcmsp5/groups/public/---europe/---ro-geneva/documents/project/wcms_531140.pdf.

59. ILO. Strategic compliance conference for Department of Labour Inspection in Azerbaijan. July 16, 2019.
    https://www.ilo.org/global/about-the-ilo/how-the-ilo-works/departments-and-offices/governance/labadmin-osh/news/WCMS_713142/lang--en/index.htm.

60. Government of Azerbaijan. Written communication: Regarding a video that appears to document children working in the 2019 cotton harvest. May 2020. Source on file.

61. U.S. Embassy- Baku official. E-mail communication to USDOL official. June 8, 2016.

62. Government of Azerbaijan. Order of the President of the Republic of Azerbaijan on approval of the "National Action Plan on Combating Human Trafficking in the Republic of Azerbaijan for 2020-2024". News release. July 22, 2020. https://president.az/articles/39967.