Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Forced Labour Convention, 1930 (No. 29) - Armenia (Ratification: 2004)

The Committee takes note of the communications of the Union of Manufacturers and Entrepreneurs of Armenia (UMEA) and the Confederation of Trade Unions of Armenia (CTUA), dated 28 October 2011, as well as the Government’s report.

Articles 1(1) and 2(1) of the Convention. 1. Trafficking in persons. The Committee had previously requested the Government to provide information on the implementation of the National Anti-Trafficking Action Plan, including information on the prevention and protection measures afforded to trafficking victims.

The Committee notes the information provided by the Government concerning the activities organized in the field of combating trafficking, in the framework of the second and third phases of the National Action Plan for Combating Trafficking in Human Beings, including awareness-raising campaigns; training programmes; as well as studies to assess the needs to ensure the protection of victims of trafficking. It further notes the different collaboration programmes set up between the Government and UN organizations, as well as other countries in the region. Thus, within the framework of the ILO’s regional programme on Combating Forced Labour and Trafficking in Human Beings in Armenia, Georgia and Azerbaijan, the Confederation of Trade Unions of Armenia, during the period 2009–11 organized seminars for trade union members in all regions of Armenia.

Regarding the rehabilitation of victims of trafficking, the Committee notes the Government’s indication that an amendment to the Law on the Employment of the Population and Social Protection in Case of Unemployment has included victims of trafficking to benefit from the services and activities of the employment centres. Taking due note of this information, the Committee encourages the Government to pursue its efforts to strengthen its anti-trafficking measures and to continue to provide information on the measures taken to prevent and combat trafficking in persons.

2. Participation in paid public works. In its previous comments, the Committee noted that under section 18 of the Law on the Employment of the Population and Social Protection in Case of Unemployment (2006), “the national employment service provides the needed workforce for organization of paid public work by the territorial administration and the local self-governing bodies with the purpose of providing temporary employment of jobseekers”. During the period of participation in paid public works, the payment of unemployment benefits is suspended (section 38(1)). The Committee requested the Government to clarify whether participation in paid public works is compulsory and whether sanctions are provided in case of a failure to participate in such works (such as the suspension of the payment of unemployment benefits).

The Committee notes the Government’s indication that the Paid Public Works Programme is a programme designed for the unemployed registered and jobseekers which intends to ensure temporary occupation for them. During the summer holidays students can also take part in this programme. The unemployed and jobseekers as well as students are enrolled in the programme on a voluntary basis choosing either to be enrolled in the programme and receiving three months of salary, or keeping the status of the unemployed and being enrolled in other programmes provided by the State annual programme on employment. In case they are entitled to obtain unemployment benefits, then they can receive them for a period of six to 12 months.

3. Freedom of career members of the armed forces to leave their service. The Committee previously noted the Government’s reference to section 51 (first part, point 10) of the Law on Military Service concerning termination of service of career military personnel (officers, junior officers and soldiers) who perform their service on the basis of a contract. It requested the Government to supply a copy of the abovementioned legislation.

The Committee once again requests the Government to communicate, with its next report, a copy of the Law on Military Service, as well as other provisions applicable to military officers and other career members of the armed forces, as regards their right to leave the service, in times of peace, at their own request.

Article 2(2)(a). Use of services exacted under compulsory military service laws. The Committee previously noted that the Law on Compulsory Military Service prohibits the creation of military units for construction works and similar types of work, and that the Law of 3 December 1996, to approve the statutes of stationary units of the armed forces, contains provisions governing the use of the armed forces to remedy the consequences of natural disasters and catastrophes. The Committee once again requests the Government to supply a copy of the above provisions with its next report. Please also communicate a copy of the Law on Alternative Service.

Article 2(2)(c). Prison labour. The Committee notes the Government’s statement that the Code of Criminal Procedure of December 2004, as well as the Labour Code of November 2004, regulate the labour of convicted persons and that a convicted person is employed only based on his or her own consent.

While noting these indications, the Committee trusts that the Government will not fail to provide along with its next report, a copy of the provisions governing the work of convicted persons serving a sentence of imprisonment. Please indicate whether such work shall be in all cases performed in enterprises belonging to the executive penal system or in other state-owned enterprises, and whether guarantees are provided to ensure that convicted prisoners are not hired to, or placed at, the disposal of private individuals, companies and associations.

Article 25. Penalties for the exaction of forced or compulsory labour. Trafficking in persons. The Committee had previously requested the Government to indicate the penalties imposed under section 132 of the Criminal Code establishing penalties of imprisonment for trafficking in persons as well as under section 133 dealing with the illegal deprivation of a person’s freedom.

The Committee takes note of the Government’s information regarding the penalties imposed under sections 132 and 133 of the Criminal Code, which ranges from one to three months in custody, to five to ten years of imprisonment. It notes the Government’s indication that in 2010, a total number of nine judicial cases were heard in Armenian courts. Eight out of these nine cases were qualified as sexual exploitation; one was qualified as labour exploitation and that during the same year, 14 persons were identified as victims of trafficking.

While taking note of this information, the Committee observes that the Government does not indicate what are the specific penalties applied in the nine judicial cases that were heard in Armenian courts. The Committee therefore requests the Government to provide in its next report copies of the relevant court decisions indicating the penalties imposed pursuant to sections 132 and 133 of the Criminal Code.