TO AZERBAIJAN FOR EMPLOYMENT

On International Migrant Day, UN member states and intergovernmental and non-government organizations are to disseminate information on human rights and the principal freedoms of migrants, and also on measures aimed at upholding these rights. The 132 member states, including Azerbaijan, which took part in the high-profile dialogue on international migration which was organized by the General Assembly, reaffirmed a number of key ideas.  First, they underscored that international migration is a growing phenomenon and that it might benefit both the countries of origin and countries of destination if the correct policies are pursued.  Second, it was stressed that protecting the basic rights and freedoms of all migrants is essential if benefits are to be derived from international migration. Third, they recognized the importance of strengthening international cooperation on migration at bilateral, regional and global levels.

The situation is this

International experts admit that when labour migration processes are examined in CIS countries, the extent of illegal migration in Azerbaijan does not raise as much concern as with its neighbours.  Indeed, the country's migration laws were amended recently.  From 1 July 2009, in accordance with a presidential decree, the "single window" principle was introduced to the management of migration processes.  Its introduction has simplified procedures for issuing residence and work permits to foreigners and persons without citizenship and their registration, and has brought increased transparency to this sector. The powers to exercise the "single window" principle in the management of migration processes were transferred to the State Migration Service (SMS).  This was done first and foremost because, in the last five years, Azerbaijan has become not a country of emigration, but one of labour immigration as its economy, oil and gas sector and other sectors develop. Certainly, these processes call for the local legal framework to be adapted to the current situation in accordance with best international practice.  So, tightening controls in the migration sphere in accordance with the "Strategy for a state migration policy", which was approved by the head of state in 2004, has become one of the main objectives.  In addition, to enable closer monitoring of migration processes, President  Aliyev signed the "Decree to create a  unified migration information system" on 6 February 2009; this makes it possible to keep track of every foreigner or person without citizenship from the moment he or she enters the country, including current location and occupation.  All foreign citizens are closely monitored.

SMS officials say that Azerbaijan is now quite an attractive destination, and the number of immigrants is increasing every year.  However, although the SMS does its best to check illegal migration and violations of the rules of temporary or permanent residence by foreigners and persons without citizenship in Azerbaijan, new arrivals sometimes need to be extradited.  For example, in 2010 801 foreign citizens left the country by SMS decision.  Fines were paid by 134 citizens, although their presence in the country was found to be legal.  In the meantime, the following figures prove that immigration to Azerbaijan is growing:  in November, the SMS received 4,974 requests to extend permission for temporary residence for foreigners and persons without citizenship or to issue permanent or temporary residence permits.  Also among the applications were requests to grant, resume or annul citizenship, determine citizenship or grant refugee status, issue individual work permits or extend the duration of existing work permits.

Let us note that, according to official data, more than 54,000 immigrants live in Azerbaijan.  While in 2007, personal work permits were issued to 1,118 foreigners, last year their number increased to 4,239.  However, the SMS stresses that this does not mean at all that there are no unregistered foreign citizens working in the country.  Registration avoidance may be the result of the fact that, after the introduction of the "single window" principle, labour migration quota were established for different types of economic activity, in consideration of the needs of the domestic market and demand for labour. This was done to ensure that the number of immigrants invited clearly corresponds to the needs of the domestic economy:  the interests of local citizens must not be infringed. That is why, despite the large number of foreigners who seek work permits, not everyone receives one, far from it.  Refusal may be because of the balance in the domestic economy in favour of a particular occupation. Local employers are also fined if they avoid signing employment contracts with foreigners. According to the Administrative Code, the fine for such employers is AZN 38,000. In addition, after amendments were made to the Law on State Duty, the duty on individual work permits for foreign employees was increased to AZN 1,000.  Previously, the duty was only AZN 45.  Analysts say that this and other measures are appropriate in the situation that has evolved and they are intended to safeguard the labour rights of our citizens; thus the domestic employment market is protected.

Take into account

International experts say that although there have been quite significant legislative initiatives on migration in Azerbaijan lately, this does not mean that they should not change, say, for the next five years.  Migration is a sphere which changes dynamically. Thus the laws which regulate it must be flexible and react to any change in the situation.  Special attention must be focused on the struggle against human trafficking. It is very important for the plan of action to combat human trafficking, which was developed by the Azerbaijani Government for all relevant ministries and departments, to be effective.  At the same time, it must be borne in mind that labour migration may produce a great many benefits for economic and social development - taking into account the money transfers which migrants, including Azerbaijanis who work abroad, send to the country. This is good for the country and its national budget. At the same time, experts say that a clearer mechanism has to be created for the coordination of efforts of all organizations that work in the migration field to collect statistical data. With accurate figures and facts, the Government will make better decisions on further improvement to the migration policy. On the other hand, experts find controversial the government's decision to increase state duty on work permits for labour migrants to AZN 1,000, because it would be appropriate to take into account, among other factors, the category of the labour migrant.  If the foreigner (labour migrant) arrives in Azerbaijan to work for a big corporation which operates on a large scale in the country and can afford the expense, this is normal.  But for a small or medium-sized business, the duty is too steep, and this might induce migrants to choose to stay illegally to avoid problems.  This would be bad, both for the employer, who will have to pay quite a large fine for hiring a migrant worker without permission, and for the employee himself. The latter runs the risk that his or her labour rights will be violated by being made to work longer hours for a lower salary and so on.  Of course, this is bad for the state too. On the one hand, there will be illegal labour migrants; on the other hand, there will be no revenue to the national budget. This is why a differentiated approach is exercised in many countries when these types of problems are addressed. The pay grade of the migrant worker, the position of the company in which he or she works, the qualifications of the specialist invited and other factors are taken into account.  At the same time it is possible that the increased state duty will have a positive effect, because the companies will think harder about whether to invite personnel from abroad or hire them from the domestic market.