Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

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

Article 1(1) and 2(1) of the Convention. Prohibition of forced labour. The Committee notes that the Government indicates in its report that, in 2021, the Ministry of Labour and Social Affairs developed and discussed a bill containing amendments to the Labour Code, which includes a definition of compulsory or forced labour and a provision stipulating its prohibition. The Committee requests the Government to provide a copy of the amendments to the Labour Code once adopted.

Article 1(1), 2(1) and 25. Trafficking in persons. Law enforcement. In reply to the Committee’s request for information on the practical application of the provisions of the Criminal Code on trafficking in persons, the Government provides detailed information on the number of criminal investigations, prosecutions and convictions related to trafficking in persons for labour and sexual exploitation for the period 2016 – first quarter of 2021. A total of 20 investigations were conducted in 2016; 17 in 2017; 10 in 2018; 11 in 2019; 10 in 2020 and 6 in the first quarter of 2021. Some of the proceedings resulted in convictions for the offenders, whereas in other cases the investigations were suspended on the grounds of lack of corpus delicti (evidence of the crime). The Government indicates that the Police has developed indicators of potential cases of trafficking in persons and carried out monitoring on the internet to identify cases of labour and sexual exploitation, illegal migration and organizations making questionable job offers. The Committee requests the Government to continue providing information on investigations and prosecutions of cases of trafficking in persons for sexual and labour exploitation, indicating how many of them have concluded in convictions for the offenders. Please continue providing information on the activities carried out by the Police as well as other law enforcement bodies, such as the labour inspectorates, to identify and prosecute cases of trafficking, and their results.

National Action Plan. In relation to the implementation of the fifth National Action Plan for Combating Trafficking in Persons, the Government indicates that actions against trafficking are carried out in three directions: (1) Regulation of the legal field, (2) implementation of awareness-raising activities and trainings and (3) implementation of protective and social assistance programs. Within the framework of awareness-raising activities, information campaigns have been implemented to inform the population about the dangers of trafficking in persons. In addition, various training programmes have been conducted to build the capacities of judges, prosecutors, police officers, social workers and teachers in this regard. The Government also indicates that the sixth National Action Plan for the period 2020–2022 was adopted, taking into consideration the proposals of different stakeholders, and that the Working Group of the Council against Trafficking in Persons is in charge of ensuring the implementation of the National Action Plan, and of reviewing relevant national legislation and making proposals for improvement. The Committee requests the Government to provide information on the assessment of the effectiveness of the measures adopted within the framework of the sixth National Action Plan for Combating Trafficking in Persons, undertaken by the Working Group of the Council against Trafficking in Persons, as well as on any proposal made by such working group to improve the applicable legislation.

Protection of victims. The Committee notes that the Government continues to provide detailed information in relation to the measures taken to provide protection to victims of trafficking. It refers in particular to: (1) measures to support the social and psychological rehabilitation of victims; (2) measures for the restoration of their identity documents; (3) services of legal counselling and translation; and (4) financial aid. In addition, the Government refers to a study conducted by the Ministry of Justice, which concluded that the Republic of Armenia envisages a wide range of circumstances for acquitting the victims of trafficking from criminal and administrative responsibility.

The Committee further notes that the Ministry of Labour and Social Affairs, together with the Police Department and the General Prosecutor’s Office, developed rules for the identification of the victims of trafficking. The Commission on the Identification of Victims of Trafficking in Persons (composed of representatives of public bodies and NGOs operating in the sphere) is the body authorized to recognize a person as a victim in order to provide him or her with assistance, including medical care, vocational training and financial support. From 2015 to 2020, a total of 160 victims of trafficking in persons for labour and sexual exploitation were identified and received support. The Committee welcomes the measures taken to continue to ensure early identification of victims of trafficking and provide them with comprehensive protection and requests the Government to continue providing information in this regard, including information on the type of assistance provided and the number of victims that have benefited from such measures.

Article 2(2)(a). Services exacted under compulsory military service laws. The Committee previously noted that the 2003 Law on Alternative Service provides for the possibility of alternative service for persons whose religion and beliefs are contradicted by passing of military service, and requested the Government to provide information on the number of persons involved in alternative labour service, as compared to the number of those performing their mandatory military service. The Committee notes that the Government indicates that currently 127 people are involved in the alternative labour service.