Demande directe (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

The Committee notes the Government’s first report.

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. The Committee notes that, pursuant to section 132 of the Criminal Code, it is prohibited to recruit, transport, transfer, harbour, or receive persons for the purpose of sexual exploitation or forced labour, by means of the threat or use of force, fraud, blackmail, threat of destruction or damage to property, if this was done for mercenary purposes. Section 132(2)(3) indicates that the victim of this offence being under 18 is an aggravating circumstance. The Committee also notes that section 168 of the Criminal Code prohibits “child trafficking”. The Committee requests the Government to provide information on the practical application of section 132(2)(3) and section 168 of the Criminal Code.

2. Forced or compulsory labour. The Committee notes that article 32 of the Constitution prohibits compulsory employment. The Committee also notes that section 131 of the Criminal Code prohibits the recruitment, transportation, transfer, harbouring, or receipt of persons by means of the threat or use of force, of kidnapping, of fraud or other deception, of the abuse of power, of a position of vulnerability or by bribing a person having control over another person, for the purpose of, inter alia, forced labour, slavery or practices similar to slavery and servitude.

3. Compulsory recruitment of children for use in armed conflict. The Committee notes the Government’s statement in its report to the Committee on the Rights of the Child (CRC) of 17 July 2003 that section 11 of the Military Conscription Act, adopted on 16 September 1998, stipulates that males can be conscripted for compulsory military service from the age of 18 (CRC/C/93/Add.6, paragraph 51). The Committee requests the Government to provide a copy of the Military Conscription Act.

Clause (b). Use, procuring, or offering of a child for prostitution, pornography or pornographic performances. 1. Prostitution. The Committee notes that section 166 of the Criminal Code prohibits involving a person under 18 years of age in an anti-social activity (which, pursuant to section 166(1), includes prostitution). The Committee also notes that section 132.1 of the Criminal Code prohibits recruiting a person into prostitution or other sexual exploitation, through the use of violence, threats of violence, coercion, kidnapping, fraud, the use of the vulnerability of an individual’s position or the procurement of the consent of the person in charge of that individual, via payment or provision or derivation of gain. The Committee further notes the Government’s statement in its report to the Committee on the Elimination of Discrimination Against Women (CEDAW) of 28 December 2007 that section 261 (on inducement to prostitution for monetary purposes) and section 262 (on facilitating prostitution) of the Criminal Code state that if the conditions set forth in section 132.1 are absent (such as the use of violence or coercion), it is still an offence to induce or facilitate prostitution, and that it is an aggravating circumstance if the victim is 18 years of age (CEDAW/C/ARM/4 paragraph 88).

The Committee notes the information in a 14 June 2010 report on trafficking in persons in Armenia, available on the website of the Office of the High Commissioner of Refugees (www.unhcr.org)(Trafficking Report), that section 132.1 of the Criminal Code was amended in January 2010. The Committee requests the Government to provide an up to date copy of the Criminal Code.

2. Pornography. The Committee notes that section 263(2) of the Criminal Code prohibits forcing minors to get involved in the creation of software, video or film materials, pictures or other items of a pornographic nature. The Committee further notes that section 166 of the Criminal Code, on anti-social activities, includes a prohibition on involving a person under 18 years of age in the preparation and dissemination of pornography or pornographic materials.

Clause (c). Use, procuring or offering a child for illicit activities, in particular the production and trafficking of drugs. The Committee notes that, pursuant to section 166 of the Criminal Code, it is prohibited to involve a child in vagrancy or beggary. The Committee also notes the Government’s statement in its report that, pursuant to section 165 of the Criminal Code, it is prohibited to involve a minor in the commission of a crime using violence or the threat of violence. The Committee further notes that section 266 of the Criminal Code states that it is a crime to manufacture, process, procure, keep, traffic or supply narcotic drugs. However, the Committee observes that section 165 of the Criminal Code appears to apply only to children below the age of criminal liability (which, pursuant to section 24(1) of the Criminal Code, is 16 years of age for the offences listed in section 266) and does not provide protection to all children under 18. Therefore, recalling that Article 3(c) of the Convention prohibits the use, procuring or offering of all persons under the age of 18 years for the production and trafficking of drugs, the Committee requests the Government to provide information on the measures taken or envisaged to prohibit this worst form of child labour for all persons under 18.

Clause (d) and Article 4(1). Hazardous work and determination of hazardous work. The Committee notes that section 257 of the Labour Code prohibits employing persons under 18 years of age in hard works, work involving possible exposure to agents which are toxic, carcinogenic or dangerous to health, work involving the possible exposure to ionizing radiation or other hazardous and harmful agents, work involving a higher risk of accidents or occupational diseases, as well as work which a young person might not be able to perform safely due to a lack of experience or attention to safety. The Committee also notes the Government’s statement that the Governmental Decision No. 2308-N establishes a list of types of hazardous work prohibited to persons under 18. The Government indicates that this list specifies prohibited types of hazardous work, including exposure to chemical agents, physical factors, biological factors and industrial agents. The Government indicates that this list was discussed with the representatives of employers’ and workers’ groups.

Article 5. Monitoring Mechanisms. 1. National committee on child protection. The Committee notes the information in the Government’s report that a national committee on child protection was established through Governmental Decision No. 835 of October 2005. The Government indicates that this national committee performs functions related to preventing the involvement of children in the worst forms of child labour, as well as their withdrawal, rehabilitation and social re-integration. The Committee requests the Government to provide information on the role of the national committee on child protection with regards to the prevention and elimination of the worst forms of child labour.

2. Trafficking. The Committee notes the Government’s statement in its report to CEDAW of 28 December 2007, that in 2005, the Human Trafficking Bureau of the Republic of Armenia Police was established and that a border control information system to help prevent human trafficking was launched in Zvartnots International Airport in Yerevan (CEDAW/C/ARM/4, paragraphs 78 and 85). The Committee also notes the information in the Trafficking Report that in November 2008, the Government, in collaboration with the Organization for Security and Cooperation in Europe, implemented the National Referral Mechanism, which assists law enforcement agencies in identifying and punishing suspected traffickers. The Trafficking Report also indicates that approximately 447 government officials received anti-trafficking training from various groups. Lastly, the Committee notes the information from UNDP Armenia that it is implementing activities to enhance the capacity of the national law enforcement to combat trafficking. UNDP activities also include workshops on the application of the National Referral Mechanism, and efforts to improve mechanisms of regional cooperation. The Committee encourages the Government to pursue its efforts to strengthen the anti-trafficking capacity of law enforcement bodies, to combat the trafficking of persons under 18 years of age. It requests the Government to provide information on the measures taken in this regard, and on the results achieved.

Article 6. Programmes of action. National Plan of Action for the Protection of the Rights of the Child 2004–15. The Committee notes the information in the Government’s report that Governmental Decision No. 1745 (of 18 December 2003) approved the National Plan of Action for the Protection of the Rights of the Child 2004–15 (NPA 2004–15). The Committee notes that the NPA 2004–15 includes measures targeting child labour, in addition to providing support to vulnerable children (such as orphans, street children and children from rural areas). The Committee also notes that the NPA 2004–15 contains measures relating directly to the worst forms of child labour (such as the plan to develop programmes to combat child trafficking and sexual exploitation), and indirectly (such as measures to improve the education system through the training of teachers in rural areas). The Committee requests the Government to provide information on the impact of the measures taken within the framework of the NPA 2004–15 on combating the worst forms of child labour.

Article 7(1). Penalties. The Committee notes that the offences of trafficking, prostitution and pornography all carry heavier penalties if the offence is committed with a minor. Pursuant to section 132 of the Criminal Code, the trafficking of a minor (for the purpose of sexual exploitation or forced labour), is punishable with correctional labour for up to two years, or imprisonment from four to seven years. In addition, section 168 of the Criminal Code specifies that the offence of “child trafficking” is punishable by imprisonment of between three to seven years. Section 261 of the Criminal Code punishes involving a minor in prostitution with either a fine in the amount of 300 to 500 times the minimum salary, correctional labour for a term of up to two years, or imprisonment for a term of three to six years. Section 263 of the Criminal Code specifies that forcing minors to get involved in the production of items of a pornographic nature is punishable with a fine in the amount of 400 to 800 times the minimum salary or with imprisonment for a term of up to three years.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee notes that article 39 of the Constitution provides for the right to education and for compulsory basic education. However, the Committee notes that the CRC, in its concluding observations of 25 February 2004, expressed concern that the budgetary allocations to the education sector remained low and that public under-financing had led to an increase in user payments, despite the guarantee for free primary and secondary schooling (CRC/C/15/Add.225, paragraph 54). The Committee also notes the statement in the NPA 2004–15 that many families do not have sufficient financial means to buy textbooks, school supplies, shoes and clothes for their children and that as a result, many children in Armenia do not have the opportunity to go to school. The NPA 2004–15 indicates that this is an increasing trend.

The Committee notes the information in the 2010 UNESCO report entitled “Education for All – Global Monitoring Report” that the net enrolment rate in primary education (children between the ages of 7–9) is 85 per cent. The Committee also notes the information in the UNICEF study entitled “School wastage study focusing on student absenteeism in Armenia” of 2008 that the rapidly increasing student absenteeism and dropout rates are closely linked to child labour and the quality of education in Armenia. In addition, the Committee notes the information in a report of 10 September 2009 on the worst forms of child labour in Armenia, available on the website of the Office of the High Commissioner for Refugees (www.unhcr.org) (WFCL Report) indicating that there is an increasing number of children dropping out of school to work in the informal sector, especially in agriculture. Recalling that free basic education contributes to preventing the engagement of children in the worst forms of child labour, the Committee expresses its concern at the existing financial barriers to accessible education, in addition to the significant number of out-of school-children. The Committee therefore requests the Government to take the necessary measures to ensure access to free basic education and to improve the functioning of the education system, to increase enrolment, attendance and completion rates and decrease the drop-out and absenteeism rates. It requests the Government to provide information on the concrete measures taken in this regard.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Child victims of trafficking. The Committee notes the information in the Government’s report to CEDAW of 28 December 2007, that through the UNDP’s Programme to Combat Trafficking in Human Beings in Armenia, trafficking victims are referred to two shelters, which offer psychological, medical and social rehabilitation (CEDAW/C/ARM/4, paragraphs 75 and 84). The Committee also notes the information in the Trafficking Report that the National Referral Mechanism acts as a system through which public officials can refer trafficking victims to assistance. The Trafficking Report further indicates that the 2009 national budget included more than 50,000 US Dollars to assist in the operation of an NGO-run shelter for trafficking victims. Nonetheless, the Committee notes that the CEDAW, in its concluding observations of 2 February 2009, expressed concern at the limited support and lack of shelters for victims of trafficking (CEDAW/C/ARM/CO/4/Rev.1, paragraph 24). The Committee therefore requests the Government to strengthen the support system for trafficking victims, to ensure that child victims of trafficking receive the necessary rehabilitation and social re-integration services. The Committee also requests the Government to provide information on the number of persons under 18 who have received assistance through the National Referral Mechanism.

Clause (d). Identify and reach out to children at special risk. Street children. The Committee notes the statement in the NPA 2004–15 that the prevention and reduction of the phenomenon of street children (beggars and vagrants) is of the utmost importance. The NPA 2004–15 indicates that a comprehensive approach is necessary to address this issue, but does not provide information on measures that will be taken in this regard. However, the Committee notes the information in the WFCL Report that the numbers of children begging on the streets is increasing. The Committee recalls that street children are at an increased vulnerability for becoming victims of the worst forms of child labour, and requests the Government to adopt a comprehensive approach to ensure that children under 18 years of age living and working on the streets are protected from these worst forms. It requests the Government to provide information on concrete measures taken in this regard within the framework of the NPA 2004–15.

Article 8. International cooperation and assistance. Poverty reduction. The Committee notes the Government’s statement that a second poverty reduction strategy paper entitled the “Sustainable Development Programme” was released in 2008 (following the first poverty reduction strategy paper which had been released in 2003). The Committee also notes the statement in the NPA 2004–15 that this poverty reduction programme stresses social assistance to children. The Committee further notes the statement in the Sustainable Development Programme, that the problems of children in difficult living situations will be high on the agenda of the Programme, and that efforts would be made towards strengthening the childcare and child protection system. Recalling that poverty reduction programmes contribute to breaking the poverty cycle, which is essential for the elimination of the worst forms of child labour, the Committee requests the Government to provide information on the impact of measures taken within the framework of the Sustainable Development Programme on the elimination of the worst forms of child labour.

Part V of the report form. Application of the Convention in practice. The Committee notes an absence of statistical information in the Government’s report on the application of the Convention in practice. In this regard, the Committee notes that that the CEDAW, in its concluding observations of 2 February 2009, expressed regret at the limited data on the trafficking of teenagers (and women) for sexual exploitation (CEDAW/C/ARM/CO/4/Rev.1, paragraph 24). In this respect, the Committee notes the information in the Trafficking Report that Armenia is a source and destination country for victims of trafficking. The Trafficking Report also indicates that Armenian boys are subjected to conditions of forced labour and Armenian women and girls are subjected to forced prostitution within the country. The Committee also notes the information in the WFCL Report indicating that minors are also trafficked internally for forced begging. In light of this information, the Committee expresses its concern at the lack of data available on the worst forms of child labour in Armenia, and urges the Government to take the necessary measures to ensure that sufficient data on the situation of child victims of these worst forms (particularly trafficking, forced labour and commercial sexual exploitation) is made available. In this regard, it requests the Government to provide information on the manner in which the Convention is applied in practice, such as statistical information on the nature, extent and trends of the worst forms of child labour, the number of children protected by the measures giving effect to the Convention, the number and nature of the infringements reported, investigations, prosecutions, convictions and penalties applied. To the extent possible, all information provided should be disaggregated by sex and age.