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

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Armenia (Ratification: 1994)

Article 1 of the Convention. Legislation. The Committee recalls its previous comments noting the absence of a specific prohibition against discrimination based on “national extraction” in the Constitution, and the absence of a provision explicitly prohibiting discrimination in the Labour Code. It also recalls that section 3(3) of the Labour Code enshrines the principle of “legal equality of parties to labour relations irrespective of their gender, race, nation, language, origin, citizenship, social status, religion, marital and family status, age, philosophy, political party, trade union or public organization membership, other factors unrelated to the employee’s professional qualities”, omitting the grounds of national extraction, colour, social origin and political opinion, and that section 3(5) provides for “equality of rights and opportunities of workers”. The Committee notes that the Government refers in its report to section 11 of the Law on employment of the population and social protection in case of unemployment, according to which “ensuring employment for individuals regardless of their nationality, race, gender, age, language, religion, political and other attitudes and approaches, social origin, property and other conditions” is one of the key principles of the State Employment Policy. The Government’s report does not provide any information on the protection of workers against discrimination in practice. Recalling the absence of legislative protection of workers against discrimination and noting the lack of other protective measures in employment and occupation, the Committee asks the Government to take steps to adopt legislative provisions setting out a clear and comprehensive definition and prohibition of direct and indirect discrimination covering all aspects of employment and occupation, including recruitment, and based on at least all the grounds enumerated in Article 1(1)(a) of the Convention. Please provide specific information of the steps taken in this regard.

Sexual harassment. The Committee notes the adoption in 2011 of the National Action Plan To Combat Gender-Based Violence, which was attached to the Government’s report. The Plan points out several issues to be addressed, such as the low level of public awareness, the weak data collection system, the lack of enforcement mechanisms and the absence of protective measures. The Government also indicates that an Interagency Commission on Combating Gender-Based Violence has been established to improve prevention activities and data collection. The Committee notes that, under section 221 of the Labour Code, “sexual harassment of colleagues, subordinates or beneficiaries” is considered a “gross violation of labour discipline” which may lead to the application of disciplinary sanctions, including termination of employment. It notes, however, that there is no clear definition of sexual harassment in the labour legislation. The Committee asks the Government to take steps, in cooperation with the workers’ and employers’ organizations, to include provisions in the Labour Code defining and explicitly prohibiting both quid pro quo and hostile environment sexual harassment, and providing an accessible enforcement mechanism and appropriate remedies. The Committee also asks the Government to provide information on any measures taken within the framework of the National Action Plan To Combat Gender-Based Violence or otherwise, to prevent and address sexual harassment in employment and occupation, including practical measures taken at the workplace level. Please also provide information on any case of sexual harassment in employment and occupation dealt with by the competent authorities under section 221 of the Labour Code or otherwise, and the outcome thereof.

Discrimination against ethnic minorities. The Committee notes the Government’s indication that the legislative process regarding the draft Law on citizens of different ethnic origins and ethnic minorities has been suspended as a result of preliminary discussions with representatives of ethnic minorities indicating that they consider that their rights should be protected under general national legislation rather than under a specific law. The Committee notes that the Department for Ethnic Minorities and Religious Affairs holds periodical meetings with non-governmental organizations representing ethnic minorities with a view to raising awareness of their rights. The Government also indicates that documents on the protection of ethnic minorities’ rights are available on official websites of regions where these minorities live and that no discrimination cases against ethnic minorities in employment and occupation were registered. The Committee asks the Government to indicate how the protection of ethnic minorities against discrimination in employment and occupation is ensured in law and in practice, including information on the functioning of any complaints mechanism established for that purpose, and to continue to provide information on any activities undertaken by the Department for Ethnic Minorities and Religious Affairs to promote non-discrimination and equality in employment and occupation. Noting that a national census took place in 2011, the Committee once again asks the Government to provide statistical information, disaggregated by sex, on the representation of ethnic minorities within different types of economic activities and in different occupations, in the public and private sectors.

Article 2. Promotion of equality of opportunity and treatment in employment and occupation. The Committee recalls that, with a view to achieving the elimination of discrimination in employment and occupation, the Convention requires the development and the implementation of a national equality policy for all categories of workers and covering at least all the grounds enumerated in Article 1(1)(a) of the Convention. It recalls that the implementation of the national equality policy presupposes the adoption of a range of specific and concrete measures, including in most cases the need for a clear and comprehensive legislative framework, and ensuring that the right to equality and non-discrimination is effective in practice (see General Survey on the fundamental Conventions, 2012, paragraphs 732 and 841–849). In light of the above, the Committee asks the Government to provide information on the steps taken to develop and implement a comprehensive national policy to promote equality and non-discrimination in all aspects of employment and occupation and with respect to all the grounds covered by the Convention, including any proactive measures taken to address the underlying causes of discrimination and de facto inequalities suffered by some groups of the population.

Equality of opportunity and treatment between men and women. The Committee notes the information provided by the Government on the representation of women in political life and decision-making positions. It further notes that the draft Law on equal rights and opportunities for women and men was approved by the Government and is now pending before the National Assembly for its adoption. The Committee notes the adoption of the Gender Policy Strategic Action Plan for 2011–15 which includes measures to eliminate discrimination based on gender in the socio-economic field and achieve equality in employment, measures to expand women’s economic opportunities and improve their working conditions and income in rural areas, measures to enhance women’s and men’s competitiveness on the labour market and lower the level of women’s unemployment, and measures to create favourable conditions for reconciling work with family responsibilities, including through the involvement of men in childcare. The Government indicates that training sessions on gender issues are being organized for civil servants and that Women’s Resource Centres carry out numerous activities to promote equality between men and women and address gender stereotypes. The Committee notes that women continue to face higher unemployment rates than men and remain concentrated in lower paying sectors and lower positions. Welcoming the efforts of the Government to promote gender equality, the Committee asks the Government to provide information on the measures taken to implement the Gender Policy Strategic Action Plan for 2011–15 with respect to employment and occupation and the results achieved. In this respect, it asks for specific information on measures taken to address occupational gender segregation (both vertical and horizontal), and promote women’s access to a wider range of jobs, in particular higher paying jobs and those with career prospects, as well as steps taken to improve women’s access to credit and land. Please also provide information on awareness-raising activities carried out to address gender stereotypes and provide a copy of the Law on equal rights and opportunities for women and men once it has been adopted.

Article 5. Special measures. The Committee notes the Government’s indications regarding the list of jobs that are deemed to be dangerous or harmful and therefore prohibited for pregnant women and women caring for a child under 1 year of age established by Governmental Decision No. 2308-N, under section 258 of the Labour Code. The Committee understands that the main reason behind the establishment of the list of prohibited occupations is the will to protect the health and safety of women. However, the Committee wishes to recall that special protective measures for women should be limited to the protection of maternity in the strict sense and that provisions relating to the protection of persons working under hazardous or difficult conditions should be aimed at protecting the health and safety of both men and women at work, while taking account of gender differences with regard to specific risks to their health. It further recalls that other measures, such as improved health protection of both men and women, may be necessary to ensure that women can access these types of employment on an equal footing with men. The Committee asks the Government to review the list of jobs that are deemed to be dangerous or harmful, with a view to restricting prohibitions to those necessary to protect maternity so as not to constitute obstacles to the recruitment and employment of women, and to provide information on any measures taken in this respect.

Enforcement. The Committee notes that, according to section 11(15) of the Law on the state labour inspectorate, labour inspectors examine cases of gender discrimination in the recruitment process. It notes that, further to the inspections carried out in enterprises, no violation of the provisions of the Labour Code relating to equality and equal opportunities have been identified. The Government also states that the Human Rights Defender did not receive any complaints of discrimination based on race, gender, religion, political opinion or national extraction in employment and occupation and that no cases related to the application of the Convention were dealt with by the courts. The Committee continues to encourage the Government to take steps to raise awareness of the principles of equality and non-discrimination in employment and occupation and the procedures available, and to enhance the capacity of the responsible authorities including judges, labour inspectors, the Human Rights Defender and other public officials to identify and address cases of discrimination. The Committee also asks the Government to provide clarification on the following points:

• (i) the power of labour inspectors with respect to gender discrimination in the course of employment and to discrimination based on grounds other than gender at all stages of employment and occupation, including recruitment; and
• (ii) the power of the Human Rights Defender to deal with discrimination complaints made by public sector employees or candidates to a position with respect to their access to employment or conditions of employment.

Please continue to provide information on any cases of discrimination in employment and occupation dealt with by the competent authorities.