Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

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

Other comments on C029

Direct Request

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Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. In its previous comments, the Committee requested the Government to provide information on the measures taken to prevent, suppress and punish trafficking in persons.

(i) Legal framework and law enforcement. The Committee notes with interest that section 132 of the Criminal Code on the “sale of human beings” was amended in 2011 to increase the penalties for trafficking in persons from five to eight years of imprisonment with the possibility to confiscate the property of offenders. It also notes that a Council to combat trafficking (Decree No. 861-A of 2007) and a National Referral Mechanism (Decree No. 1385-A of 2008) have been established. The Committee further notes that, since 2004, three National Action Plans for combating trafficking (NAP) have been adopted. The current NAP covers the period 2013–15 and includes five main priorities focusing on prevention of trafficking in persons, protection of victims and cooperation, with a more victim-orientated approach. The NAP sets a series of preventive objectives, such as the improvement of public awareness on trafficking in persons, especially among groups-at-risk (migrant workers, women and children), as well as the training of state employees who are directly involved in preventing and combating trafficking. The Committee finally notes the statistical information provided by the Government regarding the number of cases of trafficking in persons brought before the courts. In 2012, 14 criminal cases were registered under section 132 and 132.2 related to trafficking in persons involving 13 victims; in 2013, 11 cases were registered involving 19 persons; and during the first semester of 2014, five criminal cases were registered. The Committee encourages the Government to pursue its efforts to prevent, suppress and combat trafficking in persons and to continue to provide information on the application in practice of the provisions of the Criminal Code on trafficking in persons, including the number of prosecutions, convictions, and penalties applied, as well as copies of relevant court decisions. Please also provide information on training activities of law enforcement authorities conducted, including police officers, prosecutors and judges.

(ii) Protection of victims. The Committee notes that victims of trafficking have been included in the list of priority groups under the Law on Social Protection in case of unemployment, 2014, which gives them the right to lump-sum remuneration to obtain the relevant work skills and the possibility to get support for small business and farming activities. The Committee also notes that it is the National Referral Mechanism which defines the types of assistance to be provided to victims, ranging from medical care, legal assistance, short-term housing and where necessary emergency financial assistance. Lastly, the Committee notes that, as there have not been any case of compensation granted to victims of trafficking, the NAP for 2013–15 envisages developing recommendations on the creation of a compensation mechanism in this regard. The Committee requests the Government to continue to provide information on the measures taken or envisaged to provide protection and assistance to victims of trafficking, indicating in particular whether a system for compensation of victims has been established.

Articles 1(1) and 2(1). Freedom of career military personnel to leave their service. The Committee previously noted that, with regard to the right of career members of the armed forces to leave their service, the Government referred to section 51 of the Law on Military Service of 17 July 2002.

The Committee notes that section 4(5) of the Law on Military Service provides that a contract for military service is initially for a duration of three to five years, and may be renewed up to the age limit for military service. Section 51 (subsection 10 – part 1) establishes the terms under which a person may leave the military service, including upon the expiration of the contract, for medical reasons or upon having reached the age limit. The Committee requests the Government to provide information on the manner in which career military officers have the right to leave the service, in time of peace, at their own request before the termination of their contract. It also requests the Government to supply information on the number of applications to resign that have been accepted or refused, and the reasons for such refusal.

Article 2(2)(a). Use of services exacted under compulsory military service laws. The Committee previously noted that the Law on Military Service of 17 July 2002 prohibits the creation of military units for construction works and similar types of work. The Committee takes note of the Law on Alternative Service of December 2003, under which alternative service is defined for a term of 36 or 42 months. The alternative service shall be supervised by the public administration, and a list of places for joining alternative service shall be defined by the Government. Persons participating in alternative service are entitled to receive a monthly remuneration. A six-day working week shall be defined for such persons. The duration of a working day may not exceed eight hours a day, except for cases of overtime service that may be performed for the prevention of a natural or man-made disaster (section 19). The Committee requests the Government to provide examples of activities or services carried out by persons participating in alternative service.

Article 2(2)(c). Prison labour. The Committee previously noted the Government’s statement indicating that the Code of Criminal Procedure of 2004, as well as the Labour Code of 2004, regulate the labour of convicted persons, and that a convict is employed only based on his/her own consent. It requested the Government to provide a copy of the provisions governing the work of convicted persons.

The Committee takes note of section 85 of the Penitentiary Code of 2004 regulating the work of convicted persons, under which the work of prisoners is voluntary. It also notes that prisoners benefit from a monthly remuneration which may not be less than the minimum wage. Under section 106 convicted persons can enter into a labour relationship with other employers, and in this case an agreement between the penitentiary administration and the private employer is signed.

The Committee recalls that convicted persons can enter into a labour relationship with private entities provided there exist safeguards to ensure that the prisoners concerned give their free, formal and informed consent. Moreover, the Committee has considered that, in the prison context, the most reliable indicator of the voluntariness of labour is that the work is performed under conditions which approximate a free labour relationship, including wages, social security and occupational safety and health. In this regard, the Committee requests the Government to indicate whether any agreement between the penitentiary administration and the private entities has been signed in practice. If so, the Committee requests the Government to supply copies of such agreement, indicating how the voluntary consent of the prisoners to work for these private entities is guaranteed.