Migration for Employment Convention (Revised), 1949 (No. 97) - Armenia (RATIFICATION: 2006)

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Migration flows. The Committee takes note of the statistical information provided in the Government’s report, following the publication of the 2018–21 Population Survey. It notes that the main reasons given for migration are the lack of employment opportunities (32.9 per cent in 2019; 26.4 per cent in 2021), earning money for the household, and family reunification. According to the results of the Survey, the number of participants in the external migration processes decreased in 2018–21 to 2,007 Armenian citizens. This decrease is mainly due to the pandemic restrictions caused by COVID-19 and the post-war realities. Despite a significant decrease, labour migration to other countries remains the most significant part of migration processes in Armenia. According to the Government, the Russian Federation continues to be one of the main countries of destination. The Committee notes that, since 2018, Caritas Armenia has been implementing the project “Increased resilience of Syrian Armenians and host population” supported by the European Union Regional Trust Fund in the framework of the United Nations Global Compact for Safe, Orderly and Regular Migration. A significant component of the project is to support Syrian repatriates, locals, refugees and asylum seekers in business creation (Armenia Voluntary Review Report, page 10). The Committee requests the Government to provide statistical information, disaggregated by sex and nationality where available, on: (i) the employment of migrant workers in the various economic sectors; (ii) the number of permanent Armenian emigrants; and (iii) the number of returning nationals who lived outside the country.

Article 1 of the Convention. Information on national policies, laws and regulations. The Committee notes the adoption of the Strategy for Migration Policy for 2017-2021 (hereinafter, “the Strategy”), its Action Plan (Decision No.801-L of May 2021), as well as the 2020 National Concept for State Management of migration in the Republic of Armenia (hereinafter “the Concept”). The Concept covers groups of foreigners, returnees, repatriates, internally displaced persons, asylum seekers, refugees, forcibly displaced persons and emigrants. It comprises nine strategic goals, in particular: (1) improving the border management system; (2) preventing irregular migration originating from Armenia and improving its legal regulation framework; and (3) improving the protection of rights and interests of different groups of migrants as well as the entry, the residency and exit of foreigners. Four programs were created in the framework of the Concept: (1) settlement and reintegration issues; (2) management of migration flows; (3) crisis management of the mass influx of forced migrants; and (4) promotion of repatriation. The Committee asks the Government to provide information on the results achieved, particularly in terms of preventing irregular migration and improving the Armenian legal framework, following the implementation of the successive Strategies for Migration Policy and the strategic goals adopted by the National Concept for State Management of migration.

Article 1(c). General agreements and special arrangements. The Committee notes that, an agreement on the regulation of labour migration between the Republic of Armenia and the Republic of Bulgaria was signed in 2018. This agreement concerns workers who have signed an employment contract and have the right to work without a work permit, provided they hold a permit for residence in the territory of the receiving side. The agreement also defines provisions related to the regulation of the entry, stay and employment of the citizens of both countries as well as of their accompanying family members; employment mediation; working conditions; social rights and return of migrant workers. Moreover, within the framework of the Eurasian Economic Union (EEU), the united search platform “Employment Without Borders” was introduced, which is considered a part of the digital ecosystem for hiring and employing citizens of the EEU member states. Furthermore, following the agreement between Armenia and the Russian Federation on labour and social protection, the related working group met in 2021 to discuss changes in the migration legislation in the Russian Federation and exchange statistical data in the field of labour migration. The Committee asks the Government to continue to provide information on the implementation of bilateral or multilateral agreements and special arrangements on migration for employment.

Articles 2, 4 and 7. Adequate, free services and assistance to migrant workers, and measures to facilitate the migration process. The Government indicates that, since April 2021, the activities of the State Employment Agency of the Ministry of Labour and Social Affairs have been suspended, and its functions have been carried out by the Unified Social Service of the Ministry. The territorial centres of the Unified Social Service continue to provide free-of-charge information to migrant workers, both upon departure and arrival, for example on the legislation of the main countries receiving migrant workers from Armenia, the rights of migrant workers and the rights of their family members, labour trafficking, and consultations for returnees. The Government also states that Migration Resource Centres have continued to provide support and advice to migrant workers about employment opportunities and helped returning migrants to integrate into the labour market. The Committee requests the Government to provide information on the activities of Migration Resource Centres and the Unified Social Service of the Ministry of Labour and Social Affairs to facilitate the migration or reintegration process.

Article 3. Steps against misleading propaganda. The Committee notes the Government’s statement that the Migration Service of the Ministry of Territorial Administration and Infrastructures carried out several activities aimed at increasing public awareness of labour migration, such as for example: videoclips, press conferences, distribution of printed materials, cooperation with regional media outlets, a five-part original program distributed on social networks, regional training activities for the staff of Migration Resource Centres, information campaigns about the amendments to the Russian Federation migration legislation of 2020, and the implementation of the program “Prevention of irregular migration from the Republic of Armenia to the Federal Republic of Germany aiming to raise awareness of potential migrants”. The Committee recalls that migrants, more than many other groups, are often victims of prejudice regarding their suitability for certain types of jobs and discrimination in regard to their working and living conditions, exacerbated in times of economic recession. It thus stresses the importance of also targeting the national population when taking measures against misleading propaganda relating to immigration. The Committee asks the Government to provide information on: (i) the impact of the measures taken to address false and misleading information to migrants (for example in terms of preventing irregular migration and the unlawful employment of migrant workers by unscrupulous individual employers or recruitment agencies); and (ii) any campaigns addressing xenophobia, prejudices and stereotyping of migrant workers targeting the national population.

Article 5. Entry requirements and medical examination. The Committee notes the Government’s indication that, according to the 2006 Law on Foreigners (article 8(1)(d)) and Decision No. 49-N of January 2008 “On approving the list of infectious diseases prohibiting the entry of foreign citizens or persons with no citizenship into the Republic of Armenia”, HIV is not included in the list of diseases creating obstacles for granting entry or residence status in the country to foreign citizens or persons with no citizenship. It also indicates that it is therefore not a restriction for granting an entry or residence status. The Committee draws the Government’s attention to the fact that, while medical testing and the prohibition of entry of persons on the ground that they may constitute a grave risk to public health is likely to be a routine and a responsible precaution prior to permitting entry of non-nationals, the exclusion of individuals on certain medical or personal grounds which do not pose a danger to public health or a burden to public funds may be dated due to scientific developments or changing social attitudes, and some constitute unacceptable discrimination (see 1999 General Survey on migrant workers, paragraphs 262 and 263). Moreover, the Committee recalls that refusal of entry or repatriation on the grounds that the worker concerned is suffering from an infection or illness of any kind which has no effect on the task for which the worker has been recruited, constitutes an unacceptable form of discrimination (1999 General Survey, paragraph 266). The Committee asks the Government to provide information on the number of migrant workers who have been refused entry in Armenia based on the Law on Foreigners (article 8(1)(d)) and Decision No. 49-N of January 2008.

Article 6. Equality of treatment. In the absence of information on the measures taken by the Government to ensure a treatment no less favourable than that which it applies to its own nationals in respect of the matters enumerated in Article 6(1)(a)–(d) of the Convention,theCommittee reiterates its request to the Government to provide information on the practical application of these provisions to both permanent and temporary migrant workers.

Article 8. Maintenance of residence in the event of incapacity for work.The Committee once again requests the Government to clarify whether migrant workers who are legally resident in the country and hold permanent residence permits, but who have become dependent on public funds due to incapacity resulting from occupational illness or injury, risk the cancellation or non-renewal of their permanent residence permits if they can no longer earn an income.

Enforcement. The Committee notes the Government’s indication that: (1) following Ministerial Decision N 718-L of 23 July 2021, the Health and Labour Inspection Body was established (hereinafter, “Inspection Body”); (2) no cases of discrimination against foreign citizens and persons without citizenship have been identified during the administrative proceedings initiated and inspections carried out by the Inspection Body. The Committee asks the Government to provide information on: (i) the measures taken or envisaged to strengthen the Inspection Body in order to ensure that legislative provisions and regulations are adequately enforced, especially in sectors where migrant workers are mostly represented; (ii) the number and nature of cases of unequal treatment dealt with by the labour inspectorate and the courts, or any other competent authority concerning terms and conditions of work of migrant workers, in particular regarding remuneration, social security, and accommodation as referred to in Article 6 of the Convention, and the amounts and nature of wages or other benefits received by migrant workers as a result of these cases.

Annex I, Article 5, and Annex II, Article 6. Supervision of contracts of employment. The Committee once again requests the Government to indicate: (i) whether contracts of employment for Armenian nationals seeking employment abroad are subject to a system of supervision; and (ii) if this is the case, the body competent with respect to the enforcement of such a system.

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Article 1 of the Convention. Information on national policies, laws and regulations. The Committee notes Protocol Decision No. 51 of 30 December 2010 on “Approval of the Concept for the Policy of State Regulation of Migration in the Republic of Armenia”; Protocol Decision No. 1593 of 10 November 2011 on “Approval of the Action Plan for Implementation of the Policy Concept for the State Regulation of Migration in the Republic of Armenia in 2012–16”. It notes that the Concept for the Policy of State Regulation of Migration in Armenia includes a number of priority issues: approximating the legislative framework and administrative system with European Union (EU) legislation and structures; development of an information system for registering migration flows; monitoring and evaluation of the progress of the implementation of the policy, regulation of conditions of employment of foreign nationals in Armenia with a view to ensuring the priority right of nationals for employment and taking into account labour market needs and trends; protection of rights and interests of Armenian citizens leaving for work abroad; assistance for the return of Armenian nationals and their reintegration; improvement of the system for asylum and integration of recognized refugees in society, and prevention of irregular migration originating in Armenia, and improvement of the legislative framework relating to irregular migration. Please continue to provide information on any legislative developments and policies in the field of immigration and emigration for employment, as well as on any measures taken to implement the Concept for the Policy of State Regulation of Migration in Armenia and the Action Plan, and the results achieved.

Article 1(c). Agreements and special arrangements. The Committee notes that in the context of the Agreement on labour and social protection with the Russian Federation, a joint Armenian–Russian working group was established with the aim of elaborating mechanisms for the implementation of the Agreement’s provisions. It also notes the cooperation with the institutions of the EU. Please continue to provide information on bilateral or multilateral agreements and special arrangements on migration for employment and conditions of work, as well as information on their implementation.

Articles 2, 4 and 7 of the Convention. Adequate, free services and assistance to migrant workers, and measures to facilitate the migration process. The Committee notes the Government’s statement that Armenia continues to be mainly a country of emigration with low immigration flows. It notes with interest that with the assistance of the International Organisation for Migration (IOM), Migration Resource Centres were established within the State Employment Service and the Regional Employment Centres (RECs) which provide information and advice to migrant workers on employment opportunities, and assist returning migrants to integrate into the labour market. Efforts have also been made to disseminate information guides and booklets on migration to European countries and the Russian Federation with assistance from the IOM and the ILO. The Committee requests the Government to continue to provide information on the specific services to migrant workers provided by the State Employment Agency and the RECs, including on their effectiveness in reaching potential and returning migrant workers. The Committee also requests the Government to provide information on any measures taken by the Migration Agency of the Ministry of Territorial Administration or any other competent body to provide services and assistance to migrant workers in Armenia.

Annex I, Article 5, and Annex II, Article 6. Supervision of contracts of employment. The Committee asks the Government to indicate whether contracts of employment for Armenian nationals seeking employment abroad are subject to a system of supervision, and provide information on the activities of the competent ministry with respect to the enforcement of such a system in accordance with Article 5 of Annex I, and Article 6 of Annex II of the Convention.

Article 3. Steps against misleading propaganda. The Committee notes the Government’s statement that the fight against misleading propaganda is conducted through media, television shows and the Resource Centres of the State Employment Service, and that the analysis of irregular migration originating from Armenia and its prevention is among its priorities. The Committee requests the Government to indicate the concrete measures taken to protect migrant workers from misleading information stemming from individual employers or recruitment agencies, including erroneous information on the migration process, exaggerated claims on working and living conditions in the host country, or chances of finding and maintaining work.

Article 5. Medical services. The Committee notes that sections 8(1)(d) and 19(d) of the Law on Foreigners provides that an entry visa can be refused or revoked and residency status refused (temporary residency status can be granted up to one year, with the possibility of extension) when the foreigner suffers from an infectious disease which threatens the health of the population. The Committee notes Government Decision No. 49-N of 2 February 2008 Establishing the List of Infectious Diseases Preventing Entry of Foreign Citizens or Persons Without Citizenship into the Republic of Armenia, adopted pursuant to section 8(1)(d) of the Law on Foreigners. It also notes Government Decision No. 347-N of 27 March 2003 and Government Decision No. 1089-N of July 2004 concerning compulsory preliminary (at recruitment) and periodic medical examinations of health status and of certain groups of the population. In this context, the Committee refers to Paragraphs 25 and 28 of the HIV and AIDS Recommendation, 2010, according to which migrant workers, or those seeking to migrate for employment, should not be obliged to undergo HIV testing or other forms of screening for HIV, nor be excluded from migration by countries of origin, of transit or of destination on the basis of their real or perceived HIV status. The Committee requests the Government to indicate whether any restrictions are applied on the entry or residence of migrants seeking employment in Armenia due to the worker’s illness or infection, including real or perceived HIV status, unrelated to his or her ability to perform the work.

Article 6. Equality of treatment. The Committee recalls the provisions in the Constitution, the Labour Code (sections 2(1), 3(3)–(5), and 15) and the Law on Employment and Social Protection in case of Unemployment (section 11) concerning state guarantees and state employment policy with respect to the labour rights and employment of foreign citizens and persons without citizenship, regardless of gender, race, religion and nationality and citizenship, among other grounds. The Committee reiterates its request to the Government to provide additional information on the measures taken to ensure that the relevant legislative provisions covering the matters enumerated in Article 6(1)(a)–(d) of the Convention are effectively applied in practice in respect of migrant workers lawfully residing in the country. Please also provide information available on any infringements of the principle of equality of treatment in respect of the matters enumerated in Article 6(1)(a)–(d) detected by the labour inspectorate, or addressed by the courts, the sanctions imposed and the remedies provided.

Article 8. Maintenance of residence in the event of incapacity for work. The Committee notes the Government’s explanations regarding the right of foreigners with permanent residency status to remain in the country regardless of disability due to occupational accidents or diseases. It also notes that one of the requirements for granting permanent residency status is that the foreigner must have accommodation and sufficient means to cover his or her subsistence expenses and those of his or her family members under his or her care in Armenia. Permanent residency status shall be granted for five years with the possibility of extension (section 16 of the Law on Foreigners). The Committee asks the Government to clarify whether migrant workers permanently residing in the country who have become dependent on public funds due to incapacity to work by reasons of work-related disease or work injury, could find that their permits are not renewed when they no longer have sufficient means to cover subsistence expenses.

Part V of the report form. The Committee notes from the Government’s report that Armenia is mainly a country of emigration and that the main reasons for Armenians to leave the country are lack of employment opportunities (22.6 per cent), lack of well-paid jobs (24.1 per cent), to join family members (20.5 per cent) and lack of positions for qualified professionals (2.3 per cent). Almost half of the migrants are within the 21–40 age group, and the large majority are men; more than 75 per cent of migrants have secondary and vocational education, and almost 20 per cent have higher education; 93 per cent of the migrant workers left for the Russian Federation. Regarding immigration, the Committee notes that between 31 December 2011 and 1 June 2012, the Passport and Visa Department of the police issued 6,314 temporary and permanent entry permits, out of which 1,164 were work permits, (the large majority being temporary with permits). The Committee invites the Government to continue to collect and provide statistical data disaggregated by sex, nationality, and type of work permit, on migration flows from and to Armenia, as well as copies of any relevant studies or surveys (in any of the official languages of the ILO if possible) that have been undertaken on any of the matters referred to in this Convention.

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The Committee notes the Government’s first report on this Convention as well as the information provided by the Government in its first report on the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143) to the extent it is relevant to the application of Convention No. 97. It also notes the observations of the Republican Union of Employers of Armenia and the Confederation of Trade Unions of Armenia, annexed to the Government’s report.

Article 1 of the Convention. Information on policies, special provisions on migration for employment, migration flows. The Committee notes that Armenia is primarily a country of emigration, with migrant workers, the overall majority being men, leaving Armenia to work in the Russian Federation and Ukraine as major destination countries followed by some European Union countries (ILO, Migration and Development, Armenian Country Study, Yerevan, 2009). The Committee notes the information in the Government’s report regarding the main legislative texts giving effect to the provisions of the Convention, in particular the Law on Foreigners of 25 December 2006, which covers entry, stay and residency of foreigners in Armenia, their transit through and exit from the country. It also notes that provisions of the Law on Employment and Social Protection in case of Unemployment, 2006, and of the Labour Code, 2004, apply to foreign citizens and persons without citizenship. As the text of the Law on Foreigners is not yet available in one of the official languages of the ILO, the Committee will undertake a more detailed examination of all the relevant legislation once translation is available. The Committee further notes that a State Policy to Regulate Migration of the Population was adopted in 2004, the text of which was not provided. The Committee asks the Government to continue to provide information on any legislative developments and policies in the field of migration for employment covering foreign workers in Armenia and Armenian citizens migrating for employment, with an indication of the relevant provisions and a copy of the text, if possible in one of the languages of the ILO. The Committee would also be grateful to receive a summary of the main objectives and activities under the State Policy to Regulate Migration of the Population.

Article 1(c). Agreements and special arrangements. The Committee notes that following the Agreement between the Commonwealth of Independent States (CIS) on Cooperation in the sphere of Protection of Migrants for Employment and Employment Migration (1994), the Republic of Armenia has concluded bilateral agreements with the Republic of Belarus (2000), the Russian Federation (1994), and the Ukraine (1995). In addition, an agreement between the Ministry of Labour and Social Affairs with the Ministry of Healthcare and Social Development of the Russian Federation on cooperation in the sphere of labour and social protection is under way. The Committee asks the Government to continue to provide information on bilateral or multilateral agreements and special arrangements on migration for employment and conditions of work, and to indicate whether the abovementioned bilateral agreements are still operational.

Articles 2 and 4; Annex I, Article 6, and Annex II, Article 7. Adequate and free service, in particular accurate information, and measures to facilitate departure, journey and arrival of migrants for employment. The Committee notes the Government’s statement that section 29 of the Law on Foreigners provides that with a view to providing exact information to foreign workers, the competent state body in charge of the employment of foreigners provides assistance and services free of charge and fights against misleading propaganda. The Committee notes that the Migration Agency of the Ministry of Territorial Administration appears to be the competent authority regarding employment of foreigners, but no specific information is provided with regard to any assistance services available to migrant workers. The Government further states that no legislative measures have been taken in accordance with Article 6 of Annex I. The Committee recalls the indications on this point contained in Paragraph 5(2) of the Migration for Employment Recommendation (Revised), 1949 (No. 86). The Committee requests the Government to provide full information on the measures taken or envisaged to give effect to Articles 2 and 4 of the Convention and to supply information on any measures taken to assist migrants upon arrival in the country. Please provide in this regard information regarding the practical measures taken on the matters detailed in Article 6(a) to (d) of Annex I and Article 7(a) to (e) of Annex II with regard to the nature of the assistance given during the settlement of migrants and members of their families, stating the period during which such assistance is given.

Annex I, Article 5, and Annex II, Article 6. Supervision of contracts of employment. The Committee notes the Government’s statement that the Law on Foreigners provides that the competent state body in charge of employment and work of foreigners shall, before the foreigner’s entry to Armenia, provide free of charge information on the provisions of the employment contract between the foreigners and the employer, as well as verify de facto compliance of these provisions after arrival in Armenia. Compliance with the employment contract between the employer and the migrant for employment is supervised by the State labour inspectorate. The Committee would be grateful if the Government could indicate whether contracts of employment for migrant workers are subject to a system of supervision and indicate the activities of the Ministry with respect to the enforcement of such a system in accordance with Article 5 of Annex I and Article 6 of Annex II of the Convention.

Article 3 and Annexes I and II. Steps against misleading propaganda. The Committee notes the Government’s statement that section 29 of the Law on Foreigners provides that the State competent body in charge of the employment of foreigners provides assistance and services free of charge and fights against misleading propaganda. The Committee asks the Government to provide information on the specific measures taken pursuant to section 29 of the Law on Foreigners, and to indicate any other measures taken to protect immigrant and emigrant workers from misleading information stemming from individual employers or recruitment agencies.

Article 5. Medical services. The Committee notes that on 28 June 2008 the Government adopted Decision No. 49 approving the list of infectious diseases which prohibit entry into Armenian territory of foreign citizens and persons without citizenship. The Committee wishes to draw the Government’s attention to the fact that the refusal of entry or repatriation, on the basis that the worker concerned is suffering from an infection or illness of any kind which has no effect on the task for which the worker has been recruited, constitutes an unacceptable form of discrimination and is contrary to the Convention. The Committee requests the Government to clarify whether any requirements linked to a foreigner’s health exist with regard to the issuing or renewal of a work permit, and to ensure that they only regard infections or illnesses affecting a foreigner’s ability to work. Please provide a copy of Decision No. 49 with an indication of the main infectious diseases covered.

Article 6. Equality of treatment. The Committee notes the constitutional provisions concerning the prohibition of discrimination, due process and freedom of movement, and the provisions of the Labour Code (sections 2(1), 3(3)–(5)) providing that State guarantees for labour rights and freedoms also apply to foreign citizens and persons without citizenship, and ensuring equal rights of parties in labour relations regardless of, among others, gender, race, nation, language, origin, citizenship, religion, and trade union membership. Section 15 provides that foreign citizens and persons without citizenship shall have the same legal capacity as Armenian citizens with respect to employment, if not otherwise stipulated by the law. The Committee also notes that section 11 of the Law on Employment and Social Protection in case of Unemployment defines as one of the main principles of State employment policy ensuring employment for individuals regardless of nationality, race, gender, age, language, religion, political and other attitudes or approach, social origin, property and other conditions. The Committee requests the Government to provide full information on the practical measures taken to ensure that the relevant legislative provisions covering the matters enumerated in Article 6(1)(a) to (d) of the Convention are effectively applied in respect of migrant workers lawfully residing in the country. The Committee also requests the Government to supply information on any infringements of the principle of equality of treatment in respect of the matters enumerated in Article 6(1)(a) to (d) detected by the labour inspectorate, the sanctions imposed and the remedies provided.

Equality of treatment (social security). The Committee notes that pursuant to sections 24(2) and section 27 of the Law on Employment and Social Protection in case of Unemployment, foreign wage labourers are excluded from compulsory social insurance from unemployment, and that the right of social protection of foreign citizens and individuals without citizenship in case of unemployment shall be realized in compliance with the national legislation and international treaties signed. The Committee also notes that the Law No. HO-244-N to amend the Law on compulsory insurance in case of temporary disability, 2007, provides however for the right to equal unemployment benefits for persons without citizenship, as well as foreign and Armenian citizens. The Committee notes further from the Government’s report that according to section 2 of the Law on State Allowance, foreign citizens having resident status and persons without citizenship have the right to benefit from State allowances. Noting that no further information has been provided on the national legislation covering social protection of foreign workers and that equality of treatment between nationals and foreign workers should be ensured with regard to compulsory insurance, the Committee asks the Government to provide information on the legislative framework ensuring equality of treatment in respect of social security in accordance with Article 6(1)(b) of the Convention.

Article 7; Annexes I and II, Article 4. Free services by public employment agencies. The Committee notes section 15 of the Law on Employment and Social Protection in case of Unemployment setting out the main powers of the State Employment Service. The Committee notes that the State Employment Service is entitled to obtain information on employment, including job vacancies from respective bodies in foreign countries, and provides information and advice regarding business activities abroad to persons wishing to have vocational training, and acts as an intermediary between them and foreign employers. Pursuant to section 15(3), the services of the state employment services provided to the population and the employers are free of charge. The Government also indicates that in April 2009 a Memorandum of Understanding was signed between the Migration Agency of the Ministry of Territorial Administration of the Republic of Armenia and the Federal Migration Service of the Russian Federation. The Committee asks the Government to provide further details on the specific services to migrant workers provided by the State Employment Agency. The Committee also asks the Government to provide additional information on the manner of cooperation between Migration Agency of Armenia and the Federal Migration Service of the Russian Federation.

Article 8. Right of residence for permanent workers in the case of incapacity to work. The Committee notes the explanations by the Government regarding sections 118 and 202 of the Labour Code regarding the protection of workers in case of incapacity of work and work-related injury or occupational diseases. The Committee further notes the Government’s statement that under the Law on foreigners, foreigners having permanent residence in Armenia do not need a work permit and their residency is not dependent on their work permit or other circumstances related to termination of employment. The Committee would appreciate receiving more precise information on the specific provisions in the Law on Foreigners and other relevant laws and regulations ensuring that migrant workers admitted maintain their right of residence in the case of incapacity for work, and on the practical application of such provisions. The Committee particularly asks the Government to clarify whether migrant workers permanently residing in the country and who become dependent on public funds due to work incapacity related to work-related disease or work injury, have the right to remain in the country.

Article 11. Definition of “frontier worker”. See the Committee’s comments on the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143).

Annex I, Article 8, and Annex II, Article 13. See the comments under the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143).

Parts III, IV and V of the report form. The Committee notes that the State Labour Inspectorate is responsible for supervising the Labour Code and that the State Employment Service ensures the application of the Law on Employment and Social Protection in Case of Unemployment and is responsible for addressing issues relating to the organization of employment abroad. The Committee also notes the Government’s statement that it has not yet decided the competent body for issuing work permits to foreigners. Issues regarding refugees and migration are assigned to the Migration Agency of the Ministry of Territorial Administration. No court decisions have been handed down regarding matters relating to the Convention, which according to the Government is being applied in a satisfactory manner. In order for the Committee to assess fully how the Convention is being applied in practice, the Committee would be grateful if the Government could supply information on the specific activities carried out by the competent authorities to give effect to the provisions of the Convention. Please also provide statistical data disaggregated by sex and nationality on migration flows from and to Armenia, as well as copies of any relevant studies or surveys (in any of the official languages of the ILO if possible) that have been undertaken on any of the matters referred to in this Convention.