Demande directe (CEACR) - adoptée 2018, publiée 108ème session CIT (2019)

Convention (n° 29) sur le travail forcé, 1930 - Arménie (Ratification: 2004)

Autre commentaire sur C029

Demande directe

Afficher en : Francais - EspagnolTout voir

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Legal framework and law enforcement. The Committee previously noted 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. The Committee also noted 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; in 2013, 11 cases were registered involving 19 persons; and during the first semester of 2014, five criminal cases were registered.

The Committee notes the Government’s information in its report that, from July 2014 to December 2016, under section 132 and 132.2 of the Criminal Code, eight cases involving ten persons were heard by the courts, of which five were sentenced to imprisonment with terms ranging from five years and six months to 11 years and six months. Two cases are still pending before the court. The Committee also notes the court decisions attached to the Government’s report in this regard. Moreover, the Government indicates that various trainings on trafficking and exploitation were provided to the staff of law enforcement agencies, including police officers, judges, prosecutors and penitentiary personnel. The Committee further notes that, according to the report of the Group of Experts concerning the implementation of the Council of Europe Convention on Action against Trafficking in Human Beings by Armenia of 2017 (hereafter the GRETA report 2017), pursuant to the Law on the Investigative Committee which entered into force on 28 June 2014, the Investigative Committee was set up and tasked with the investigation of serious offences, including trafficking in persons (GRETA(2017)1, paragraph 20). The Committee encourages the Government to continue its efforts to suppress and combat trafficking in persons and to provide information on the application in practice of the provisions of the Criminal Code on trafficking in persons, including the number of investigations, prosecutions, convictions and penalties applied. It also requests the Government to provide information on the activities of the Investigative Committee regarding the cases of trafficking in persons.

2. Programme of action. The Committee previously noted that, since 2004, three National Actions Plans (NAP) for combating trafficking had been adopted. The fourth NAP covering the period of 2013–15 included priorities focusing on prevention of trafficking in persons, protection of victims and cooperation, with a more victim-orientated approach. The Committee also noted that a Council to combat trafficking was established by Decree No. 861-A of 2007.

The Committee notes the Government’s information that the NAP for combating trafficking and exploitation and the time frame of its implementation for 2016–18 is adopted. Emphasis is put on preventive measures against labour exploitation, paying special attention to vulnerable groups. The Committee also notes that, according to the GRETA report 2017, the Council to combat trafficking continues to coordinate activities in this regard. The Inter-agency Working Group on Combating Trafficking, which is subordinated to the Council, is responsible for implementing the activities envisaged by the NAP, evaluating their effectiveness and developing cooperation programmes (GRETA(2017)1, paragraphs 17 and 18). The Committee requests the Government to provide information on the implementation of the National Action Plan for combating trafficking and exploitation, as well as the concrete measures undertaken, including the activities carried out by the Inter-agency Working Group on Combating Trafficking, and the results achieved.

3. Protection of victims. The Committee previously noted that a National Referral Mechanism was established by Decree No. 1385-A of 2008. The National Referral Mechanism defined the types of assistance to be provided to victims, ranging from medical care, legal assistance, short-term housing and where necessary, emergency financial assistance. The Committee also noted that, as there had not been any case of compensation granted to victims of trafficking, the NAP for 2013–15 envisaged developing recommendations on the creation of a compensation mechanism in this regard.

The Committee notes the Government’s information that during 2016, 20 cases were being investigated, involving 27 persons identified as victims, of which five were subjected to sexual exploitation and 22 to labour exploitation. All of the victims identified are Armenian citizens. The Government indicates that, following the entry into force of the Law of 17 December 2014 on Identification of and Support to Persons Subjected to Trafficking and Exploitation in 2015, several implementing decrees were adopted, including Decree No. 1356-N on the procedures of providing protection to victims adopted on 29 October 2015, Decree No. 353-N on the procedures of safe return of victims adopted on 6 April 2016 and Decree No. 492-N on the procedures and amount of support to victims adopted on 5 May 2016. Protection measures afforded by the above laws include shelters, accommodation, medical care, psychological assistance, legal aid, education and employment opportunities, as well as lump sum financial compensation up to 250,000 Armenian drams (AMD) (about US$52). The Government further indicates that the National Referral Mechanism was replaced by the Committee of Identification of Persons Subjected to Trafficking and/or Exploitation since 2015. The Committee therefore requests the Government to provide information on the application of the abovementioned laws in practice, including the number of victims identified, as well as those who received assistance and financial compensation.

Articles 1(1) and 2(1). Freedom of career military personnel to leave their service. The Committee previously noted that, according to section 4(5) of the Law on Military Service, 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(1) establishes the terms under which a person may leave military service, including upon the expiration of the contract, for medical reasons or upon having reached the age limit. The Committee requested 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 requested the Government to supply information on the number of applications to resign that have been accepted or refused, and the reasons for such refusal.

The Committee notes the Government’s information that, according to subsection 10 of section 51(1), in time of peace, a person may submit a request for release from military service before the expiration of the contract, including those who are involved in educational programmes. The Government also indicates that since 1 January 2016, 197 applications for early release were received, of which all were approved. Among them, 80 persons were released on the condition of compensation for education expenses, while 117 were released unconditionally.

Article 2(2)(a). Services exacted under compulsory military service laws. In its previous comments, the Committee 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 also took note of the Law on Alternative Service of December 2003, under which alternative service is defined as a replacement of mandatory military service, including alternative military service (military service in the armed forces but not related to combat duty or to handling weapons) for a term of 36 months or alternative labour service (labour service performed outside the armed forces) for 42 months (sections 2 and 5). 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 also noted that, pursuant to section 14, 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. The Committee therefore requested the Government to provide examples of activities or services carried out by persons participating in alternative service.

The Committee notes the Government’s information that a list of places for performing alternative labour service is provided for by Government Decree No. 796-N of 25 July 2013. According to Annex 1 of the Decree, the alternative labour services may be performed at nursing homes, retirement houses, orphanages, psychiatric and mental health centres, as well as emergency rescue services. Its Annex 2 determines the types of work performed, including caregiving, cleaning, helping in the kitchen, rescue assistance and equipment maintenance. The Committee requests 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.

Article 2(2)(c). Prison labour. The Committee previously took 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 noted that prisoners benefit from a monthly remuneration which may not be less than the minimum wage (section 87). The Committee further took note of Decree No. 1543-N on the internal regulations of detention facilities and correctional institutions adopted on 3 August 2006, of which chapter XI regulates the work of detainees and convicts. According to its 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 requested the Government to provide a copy of such agreement and indicate how the voluntary consent of the prisoners to work for these private entities is guaranteed.

The Committee notes the Government’s information that, according to section 104 of Decree No. 1543-N of 2006, the labour relations concerning detainees and convicts shall be regulated by relevant Armenian legislation, except for cases provided for by the Penitentiary Code. The Committee also notes that, pursuant to section 86 of the Penitentiary Code, the labour relations concerning convicts are regulated by labour legislation in principle. The Committee further notes a copy of the labour contract concluded between a convict and a private entity attached to the Government’s report, which provides for a monthly remuneration of AMD75,000 (above the minimum wage of AMD55,000 as determined by section 1 of the Law on Minimum Wage) and a daily working time from 9 a.m. to 6 p.m., with a lunch break from 1 p.m. to 2 p.m.