Activity
The impact of business on the realization of human rights, as well as the question of the responsibility of commercial entities for violations of those rights, has recently become a significant area of research. In light of the growing importance of this issue, various international organizations, including the United Nations, have undertaken extensive efforts in this field.
In this regard, the study of existing international instruments in the field of business and human rights (B+HR) and their implementation into national legislation constitutes one of the priority areas of activity of the Ombudsman of the Republic of Azerbaijan.
On 12 February 2013, at the initiative of the Ombudsman, a roundtable entitled “Business and Human Rights: Challenges and Prospects for Solutions” was held at the Ombudsman Office with the participation of relevant state authorities and representatives of non-governmental organizations. During the event, a decision was taken to establish a WG in this field.
Accordingly, by Order No. 253 of 27 March 2013, issued by the Ombudsman, the “Working Group on Business and Human Rights” (WG) was established under the Ombudsman, and its Regulations were approved.
At present, the WG includes representatives of the following institutions and organizations: the Ministry of Economy of the Republic of Azerbaijan, the Ministry of Taxes, the Ministry of Justice, the Ministry of Agriculture, the Ministry of Ecology and Natural Resources, the Ministry of Emergency Situations, the State Labor Inspectorate Service, the State Committee for Family, Women and Children Affairs, the State Service for Antimonopoly and Consumer Market under the Ministry of Economy, the Azerbaijan Trade Unions Confederation, the Independent Consumer Union (ICU), the Small and Medium Enterprise Development Support Center (SMEDC), the Fund of Assistance to Development of Entrepreneurship, the “Law World” Legal Advocacy Public Union, the Azerbaijan National NGO Forum, the National Confederation of Entrepreneurs (Employers) Organizations, the “Mulk” Public Association, the Citizens’ Labor Rights Protection League, the Azerbaijan Women and Development Centre, the Union of Disabled Peoples’ Organizations (UDPO), the Disabled Women Society of Azerbaijan (DWSA), the Azerbaijan Children and Youth Peace Network, the “Research of Social Rights” Public Union, the “Integration of People with Disabilities into Society” Public Union, the Azerbaijan Society of the Blind, the Resource Centre for the Elderly, the “Clean World” Public Union, and the Azerbaijan Diabetes League (ADL).
Members of Parliament and representatives of international organizations are also invited to the WG meetings, as well as, depending on the subject under discussion, representatives of other relevant state bodies and business entities.
Membership in the WG is based on the principle of voluntariness, and its composition may be subject to change.
During the WG meetings, extensive exchanges of views are held on relevant topics, proposals and recommendations are heard, and discussions are organized on improving activities in this field. Between 2013 and 2017, the WG organized 15 roundtables dedicated to various topical issues:
1. “Business and Human Rights: Challenges and Prospects for Solutions” – 15 March 2013
2. “Prospects for the Development of Entrepreneurship in Azerbaijan” – 18 September 2013
3. “Prospects for Future Cooperation in the Effective Implementation of the Law of the Republic of Azerbaijan ‘On the Regulation of Inspections Conducted in the Field of Entrepreneurship and the Protection of Entrepreneurs’ Interests’” – 25 November 2013
4. “Children’s Rights and Business” – 3 February 2014
5. “Business and Women’s Rights” – 16 April 2014
6. “Compliance with Environmental Requirements in the Course of Business Activities” – 31 October 2014
7. “Protection of the Rights of Persons with Disabilities in the Context of Business and Human Rights” – 23 February 2015
8. “The Role of Trade Unions in Ensuring Labor Rights within Business Structures” – 22 April 2015
9. “Corporate Social Responsibility as an Important Element of Business and Human Rights” – 30 June 2015
10. “Protection of Entrepreneurs’ Interests in the Context of Business and Human Rights” – 4 December 2015
11. “Protection of Entrepreneurs’ Interests in Azerbaijan: Existing Legal Remedies” – 29 February 2016
12. “Protection of the Rights of Migrant Workers in the Context of Business and Human Rights” – 29 April 2016
13. “The Activities of Business Entities and the Right to Live in Safety” – 11 November 2016
14. “Protection of Consumer Rights in the Context of Business and Human Rights” – 28 March 2017
15. The 15th meeting of the Working Group on “Business and Human Rights” under the Ombudsman was held – 20 December 2017
One of the main areas of the WG’s activity is the implementation of the UN Guiding Principles on Business and Human Rights and other relevant international instruments through the adoption of the necessary measures in this field. At the initiative of the Ombudsman of Azerbaijan and funded from internal resources, the “UN Guiding Principles on Business and Human Rights” and the commentary, thereto, as well as the relevant UN International Covenant and the Edinburgh Declaration, were translated into Azerbaijani. These documents were distributed among the WG members and published on the Ombudsman’s official website.
The Ombudsman of Azerbaijan and the staff also participate in internationally significant events in the field of business and human rights.
On 20–21 February 2013, the Second Summit of Ombudspersons of the Eastern Partnership countries was held in Brussels, dedicated to the national implementation of the Guiding Principles on Business and Human Rights. The Ombudsman of Azerbaijan participated in the event as a speaker. At the event, organized in accordance with the provisions of the 2010 Edinburgh Declaration, the summit provided a platform for the exchange of views on the role of NHRIs in implementing internationally recognized Guiding Principles on Business and Human Rights. The participating countries shared their practical experience in this field, and discussions were held on expanding the mandates of ombuds institutions in this area within the framework of the Paris Principles.
The Head of the Ombudsman Office of Azerbaijan participated in the Second Annual UN Forum on Business and Human Rights, held in Geneva on 2–4 December 2013, as well as in the open consultations organized in Geneva on 20 February 2014 on the key elements of National Action Plans for the implementation of the UN Guiding Principles. During these events, comprehensive information was provided on the Ombudsman’s activities carried out in this field, and relevant recommendations and suggestions were made.
In its report following the country visit of 18–27 August 2014, the UN Working Group on Business and Human Rights positively assessed the activities undertaken by the Ombudsman in this field. The questionnaire submitted by the WG was duly completed and responded to by us.
The field of business and human rights remains consistently under the attention of the Ombudsman. In order to monitor the current situation, identify shortcomings, and address existing gaps, the Ombudsman regularly organizes relevant activities, conducts scientific and analytical work, and studies international best practices. Close cooperation with state authorities, non-governmental organizations, and international organizations in this area is continuously maintained.
