Solicitud directa (CEACR) - Adopción: 2011, Publicación: 101ª reunión CIT (2012)

Convenio sobre los trabajadores migrantes (revisado), 1949 (núm. 97) - Armenia (Ratificación : 2006)

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2011

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The Committee notes the Government’s first report on this Convention as well as the information provided by the Government in its first report on the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143) to the extent it is relevant to the application of Convention No. 97. It also notes the observations of the Republican Union of Employers of Armenia and the Confederation of Trade Unions of Armenia, annexed to the Government’s report.

Article 1 of the Convention. Information on policies, special provisions on migration for employment, migration flows. The Committee notes that Armenia is primarily a country of emigration, with migrant workers, the overall majority being men, leaving Armenia to work in the Russian Federation and Ukraine as major destination countries followed by some European Union countries (ILO, Migration and Development, Armenian Country Study, Yerevan, 2009). The Committee notes the information in the Government’s report regarding the main legislative texts giving effect to the provisions of the Convention, in particular the Law on Foreigners of 25 December 2006, which covers entry, stay and residency of foreigners in Armenia, their transit through and exit from the country. It also notes that provisions of the Law on Employment and Social Protection in case of Unemployment, 2006, and of the Labour Code, 2004, apply to foreign citizens and persons without citizenship. As the text of the Law on Foreigners is not yet available in one of the official languages of the ILO, the Committee will undertake a more detailed examination of all the relevant legislation once translation is available. The Committee further notes that a State Policy to Regulate Migration of the Population was adopted in 2004, the text of which was not provided. The Committee asks the Government to continue to provide information on any legislative developments and policies in the field of migration for employment covering foreign workers in Armenia and Armenian citizens migrating for employment, with an indication of the relevant provisions and a copy of the text, if possible in one of the languages of the ILO. The Committee would also be grateful to receive a summary of the main objectives and activities under the State Policy to Regulate Migration of the Population.

Article 1(c). Agreements and special arrangements. The Committee notes that following the Agreement between the Commonwealth of Independent States (CIS) on Cooperation in the sphere of Protection of Migrants for Employment and Employment Migration (1994), the Republic of Armenia has concluded bilateral agreements with the Republic of Belarus (2000), the Russian Federation (1994), and the Ukraine (1995). In addition, an agreement between the Ministry of Labour and Social Affairs with the Ministry of Healthcare and Social Development of the Russian Federation on cooperation in the sphere of labour and social protection is under way. The Committee asks the Government to continue to provide information on bilateral or multilateral agreements and special arrangements on migration for employment and conditions of work, and to indicate whether the abovementioned bilateral agreements are still operational.

Articles 2 and 4; Annex I, Article 6, and Annex II, Article 7. Adequate and free service, in particular accurate information, and measures to facilitate departure, journey and arrival of migrants for employment. The Committee notes the Government’s statement that section 29 of the Law on Foreigners provides that with a view to providing exact information to foreign workers, the competent state body in charge of the employment of foreigners provides assistance and services free of charge and fights against misleading propaganda. The Committee notes that the Migration Agency of the Ministry of Territorial Administration appears to be the competent authority regarding employment of foreigners, but no specific information is provided with regard to any assistance services available to migrant workers. The Government further states that no legislative measures have been taken in accordance with Article 6 of Annex I. The Committee recalls the indications on this point contained in Paragraph 5(2) of the Migration for Employment Recommendation (Revised), 1949 (No. 86). The Committee requests the Government to provide full information on the measures taken or envisaged to give effect to Articles 2 and 4 of the Convention and to supply information on any measures taken to assist migrants upon arrival in the country. Please provide in this regard information regarding the practical measures taken on the matters detailed in Article 6(a) to (d) of Annex I and Article 7(a) to (e) of Annex II with regard to the nature of the assistance given during the settlement of migrants and members of their families, stating the period during which such assistance is given.

Annex I, Article 5, and Annex II, Article 6. Supervision of contracts of employment. The Committee notes the Government’s statement that the Law on Foreigners provides that the competent state body in charge of employment and work of foreigners shall, before the foreigner’s entry to Armenia, provide free of charge information on the provisions of the employment contract between the foreigners and the employer, as well as verify de facto compliance of these provisions after arrival in Armenia. Compliance with the employment contract between the employer and the migrant for employment is supervised by the State labour inspectorate. The Committee would be grateful if the Government could indicate whether contracts of employment for migrant workers are subject to a system of supervision and indicate the activities of the 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 and Annexes I and II. Steps against misleading propaganda. The Committee notes the Government’s statement that section 29 of the Law on Foreigners provides that the State competent body in charge of the employment of foreigners provides assistance and services free of charge and fights against misleading propaganda. The Committee asks the Government to provide information on the specific measures taken pursuant to section 29 of the Law on Foreigners, and to indicate any other measures taken to protect immigrant and emigrant workers from misleading information stemming from individual employers or recruitment agencies.

Article 5. Medical services. The Committee notes that on 28 June 2008 the Government adopted Decision No. 49 approving the list of infectious diseases which prohibit entry into Armenian territory of foreign citizens and persons without citizenship. The Committee wishes to draw the Government’s attention to the fact that the refusal of entry or repatriation, on the basis that the worker concerned is suffering from an infection or illness of any kind which has no effect on the task for which the worker has been recruited, constitutes an unacceptable form of discrimination and is contrary to the Convention. The Committee requests the Government to clarify whether any requirements linked to a foreigner’s health exist with regard to the issuing or renewal of a work permit, and to ensure that they only regard infections or illnesses affecting a foreigner’s ability to work. Please provide a copy of Decision No. 49 with an indication of the main infectious diseases covered.

Article 6. Equality of treatment. The Committee notes the constitutional provisions concerning the prohibition of discrimination, due process and freedom of movement, and the provisions of the Labour Code (sections 2(1), 3(3)–(5)) providing that State guarantees for labour rights and freedoms also apply to foreign citizens and persons without citizenship, and ensuring equal rights of parties in labour relations regardless of, among others, gender, race, nation, language, origin, citizenship, religion, and trade union membership. Section 15 provides that foreign citizens and persons without citizenship shall have the same legal capacity as Armenian citizens with respect to employment, if not otherwise stipulated by the law. The Committee also notes that section 11 of the Law on Employment and Social Protection in case of Unemployment defines as one of the main principles of State employment policy ensuring employment for individuals regardless of nationality, race, gender, age, language, religion, political and other attitudes or approach, social origin, property and other conditions. The Committee requests the Government to provide full information on the practical measures taken to ensure that the relevant legislative provisions covering the matters enumerated in Article 6(1)(a) to (d) of the Convention are effectively applied in respect of migrant workers lawfully residing in the country. The Committee also requests the Government to supply information on any infringements of the principle of equality of treatment in respect of the matters enumerated in Article 6(1)(a) to (d) detected by the labour inspectorate, the sanctions imposed and the remedies provided.

Equality of treatment (social security). The Committee notes that pursuant to sections 24(2) and section 27 of the Law on Employment and Social Protection in case of Unemployment, foreign wage labourers are excluded from compulsory social insurance from unemployment, and that the right of social protection of foreign citizens and individuals without citizenship in case of unemployment shall be realized in compliance with the national legislation and international treaties signed. The Committee also notes that the Law No. HO-244-N to amend the Law on compulsory insurance in case of temporary disability, 2007, provides however for the right to equal unemployment benefits for persons without citizenship, as well as foreign and Armenian citizens. The Committee notes further from the Government’s report that according to section 2 of the Law on State Allowance, foreign citizens having resident status and persons without citizenship have the right to benefit from State allowances. Noting that no further information has been provided on the national legislation covering social protection of foreign workers and that equality of treatment between nationals and foreign workers should be ensured with regard to compulsory insurance, the Committee asks the Government to provide information on the legislative framework ensuring equality of treatment in respect of social security in accordance with Article 6(1)(b) of the Convention.

Article 7; Annexes I and II, Article 4. Free services by public employment agencies. The Committee notes section 15 of the Law on Employment and Social Protection in case of Unemployment setting out the main powers of the State Employment Service. The Committee notes that the State Employment Service is entitled to obtain information on employment, including job vacancies from respective bodies in foreign countries, and provides information and advice regarding business activities abroad to persons wishing to have vocational training, and acts as an intermediary between them and foreign employers. Pursuant to section 15(3), the services of the state employment services provided to the population and the employers are free of charge. The Government also indicates that in April 2009 a Memorandum of Understanding was signed between the Migration Agency of the Ministry of Territorial Administration of the Republic of Armenia and the Federal Migration Service of the Russian Federation. The Committee asks the Government to provide further details on the specific services to migrant workers provided by the State Employment Agency. The Committee also asks the Government to provide additional information on the manner of cooperation between Migration Agency of Armenia and the Federal Migration Service of the Russian Federation.

Article 8. Right of residence for permanent workers in the case of incapacity to work. The Committee notes the explanations by the Government regarding sections 118 and 202 of the Labour Code regarding the protection of workers in case of incapacity of work and work-related injury or occupational diseases. The Committee further notes the Government’s statement that under the Law on foreigners, foreigners having permanent residence in Armenia do not need a work permit and their residency is not dependent on their work permit or other circumstances related to termination of employment. The Committee would appreciate receiving more precise information on the specific provisions in the Law on Foreigners and other relevant laws and regulations ensuring that migrant workers admitted maintain their right of residence in the case of incapacity for work, and on the practical application of such provisions. The Committee particularly asks the Government to clarify whether migrant workers permanently residing in the country and who become dependent on public funds due to work incapacity related to work-related disease or work injury, have the right to remain in the country.

Article 11. Definition of “frontier worker”. See the Committee’s comments on the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143).

Annex I, Article 8, and Annex II, Article 13. See the comments under the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143).

Parts III, IV and V of the report form. The Committee notes that the State Labour Inspectorate is responsible for supervising the Labour Code and that the State Employment Service ensures the application of the Law on Employment and Social Protection in Case of Unemployment and is responsible for addressing issues relating to the organization of employment abroad. The Committee also notes the Government’s statement that it has not yet decided the competent body for issuing work permits to foreigners. Issues regarding refugees and migration are assigned to the Migration Agency of the Ministry of Territorial Administration. No court decisions have been handed down regarding matters relating to the Convention, which according to the Government is being applied in a satisfactory manner. In order for the Committee to assess fully how the Convention is being applied in practice, the Committee would be grateful if the Government could supply information on the specific activities carried out by the competent authorities to give effect to the provisions of the Convention. Please also provide statistical data disaggregated by sex and nationality 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.