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Abolition of Forced Labour Convention, 1957 (No. 105) - Armenia (RATIFICATION: 2004)

The Committee has noted with interest the information provided by the Government in its first report on the application of the Convention. It requests the Government to supply, with its next report, copies of laws and regulations governing the execution of penal sentences. Please also provide additional information on the following points.

Article 1(a) of the Convention. Sanctions involving compulsory labour as a punishment for the expression of political or ideological views. 1. The Committee notes that the Criminal Code provides for sanctions involving compulsory labour (imprisonment for a term of up to four years or correctional labour for a term of up to two years) for “inciting national, racial or religious hatred” (section 226(1)).

 The Committee recalls that Article 1(a) of the Convention prohibits the use of forced or compulsory labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. It refers in this connection to paragraph 154 of its General Survey of 2007 on the eradication of forced labour, where it observed that the Convention does not prohibit punishment by penalties involving compulsory labour of persons who use violence, incite to violence or engage in preparatory acts aimed at violence; but sanctions involving compulsory labour fall within the scope of the Convention where they enforce a prohibition of the peaceful expression of views or of opposition to the established political, social or economic system, whether such prohibition is imposed by law or by a discretionary administrative decision.

The Committee therefore requests the Government to provide, in its next report, information on the application of the abovementioned section 226(1) in practice, including copies of any court decisions defining or illustrating its scope, so as to enable the Committee to ascertain whether it is applied in a manner compatible with the Convention.

2. The Committee notes that under section 15(2) of the Law on Conducting Meetings, Assemblies, Rallies and Demonstrations, 2004, organizers of a public event conducted in violation of the provisions of the Law, or organizers and participants failing to comply with the requirements for termination thereof, shall be liable by law. The Committee requests the Government to clarify the scope of such liability, indicating the penalties which might be imposed and to supply copies of the relevant provisions.

Article 1(c). Penal sanctions applicable to public officials. The Committee notes that, under section 315(1) of the Criminal Code (“official negligence”), the non-performance or improper performance by a public servant of his/her duties as the result of a negligent attitude, causing substantial harm to persons or organizations, or to state interests, is punishable by correctional labour or arrest (which involves an obligation to perform labour).

The Committee requests the Government to provide, in its next report, information on the court decisions passed under section 315(1) of the Criminal Code, which could define or illustrate its scope, including sample copies of such decisions, in order to enable the Committee to ascertain whether this provision is not used as a means of labour discipline within the meaning of the Convention.