Demande directe (CEACR) - adoptée 2013, publiée 103ème session CIT (2014)

Convention (n° 97) sur les travailleurs migrants (révisée), 1949 - Arménie (Ratification: 2006)

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.