Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Armenia (Ratification: 1994)

The Committee notes the observations of the Union of Manufacturers and Businessmen (Employers) of Armenia attached to the Government’s report.

Article 1 of the Convention. Legislation. The Committee recalls its previous comments noting the absence of a specific prohibition against discrimination based on “national extraction” in the Constitution, and based on national extraction, colour, social origin or political opinion in the Labour Code. The Committee notes that the Government does not provide any specific information on how protection against discrimination on these grounds is provided either in law or in practice. The Committee also recalls its previous comments on the absence of a provision expressly prohibiting direct and indirect discrimination, and notes the Government’s indication that jobseekers and employers are protected against both direct and indirect discrimination through the application of section 41 of the Administrative Offenses Code which establishes a fine for employers violating labour legislation. The Committee had also noted that the terms used in sections 3(3) and 3(5) of the Labour Code were narrower than the Convention and did not explicitly cover discrimination in the recruitment and selection phases. The Committee also notes that the proposed amendment to section 86 of the Labour Code, prohibiting discriminatory job advertisements, was not adopted. The Committee asks the Government to take steps to ensure legislative protection against both direct and indirect discrimination, based on at least all the grounds enumerated in Article 1(1)(a) of the Convention, including national extraction, colour, social origin and political opinion, at all stages of employment, including recruitment and selection, and to provide specific information in this regard.

Sexual Harassment. The Committee notes that in response to its previous comments on the absence of any legal prohibition of sexual harassment, the Government refers to sections 132 and 132.1 of the Criminal Code which prohibit sexual exploitation and the engagement of persons in prostitution, forced labour or slavery. The Committee notes however, that the provisions to which the Government refers do not address sexual harassment in employment and occupation. The Committee also notes that the United Nations Committee on the Elimination of Discrimination against Women expressed particular concern at the “lack of systematic effective measures to prevent sexual harassment against women in the workplace” (CEDAW/C/ARM/CO/4/Rev.1, paragraph 32). The Committee recalls the importance of taking effective measures to prevent and prohibit both quid pro quo and hostile environment sexual harassment in employment and occupation. The Committee notes from the observations provided by the Union of Manufacturers and Businessmen (Employers) of Armenia, that awareness-raising activities were organized on sexual harassment and forced labour. The Committee encourages the Government to take steps in order to include provisions in the Labour Code defining and prohibiting both quid pro quo and hostile environment sexual harassment. The Committee also asks the Government to provide information on any measures taken or envisaged to prevent and address sexual harassment in employment and occupation, including practical measures taken by the social partners.

Discrimination against ethnic minorities. The Committee notes the Government’s indication that there is no statistical data regarding discrimination in employment and occupation, including for the Yezidi community. The Committee also notes the Government’s indication that no specific information is collected regarding ethnic minorities in the process of recruiting civil servants due to the fact that section 11 of the Law on Employment and Social Protection in Case of Unemployment applies equally to all persons. The Committee recalls that the collection of data, including with respect to ethnic minorities, is crucial in determining the nature, extent and causes of discrimination, to set priorities and design appropriate measures, to monitor and evaluate the impact of such measures, and make any necessary adjustments. Beyond statistical data, proactive measures to analyse and address the situation in the labour market and to improve knowledge and awareness among ethnic and national minorities about anti-discrimination and equality legislation and enforcement mechanisms and procedures are also needed. The Committee noted previously that a draft law on the protection of ethnic minorities was to be adopted. The Committee asks the Government to indicate the concrete measures taken to ensure protection of ethnic minorities against discrimination in employment and occupation. The Committee also asks the Government to indicate whether there have been any developments regarding the draft law on the protection of minorities and to forward a copy once it has been adopted. The Committee also requests information on any activities undertaken by the Department for Ethnic Minorities and Religious Affairs to promote non-discrimination and equality in employment and occupation. Please provide statistical information disaggregated by sex on the representation of ethnic minorities within different types of economic activities and in different occupations, in the public and private sectors.

Article 2. Promotion of equality of opportunity and treatment in employment and occupation. The Committee notes that the Poverty Reduction Strategic Programme has been replaced by the Sustainable Development Programme, adopted by governmental Decree No. 1207 of 2008, which sets the promotion of employment as an important aspect of the strategic directions and principles of poverty reduction, without however including any provisions regarding the prevention of discrimination in respect of employment and occupation. The Government indicates that this omission is due to the fact that the principle of the Convention is already reflected in national legislation. The Committee recalls that while legislative measures to give effect to the principles of the Convention are important, they are not sufficient to achieve the objective of the Convention, and proactive measures in the context of a national equality policy are required. The Committee asks the Government to provide information on any other measures taken to promote the application of section 11 of the Law on Employment and Social Protection in Case of Unemployment and on any national programmes for the promotion of employment set up in conformity with section 13 of the Law, and to what extent persons from minority groups have benefitted from these programmes.

Equality of opportunity and treatment between men and women. The Committee welcomes the various educational measures taken by the Government in order to raise awareness on gender issues, including through training courses offered by the Ministry of Labour and Social Affairs. The Committee also notes the Government’s indication that a draft law on equal rights and opportunities for women and men has been prepared by the Ministry of Labour and Social Affairs in the context of a joint programme with the United Nations Development Programme (UNDP). The Committee notes that the Government has provided a copy of the National Programme to Improve the Status of Women and Enhance their Role in Society (2004–10) which includes information on the measures taken and the results achieved. The Committee also notes that on 11 February 2010 the Government approved a Gender Policy Concept Paper under which measures for 2010–15 are to be presented by the end of 2011. The Committee further notes the quotas adopted in favour of women in accordance with the Law to Amend and Supplement the Election Code for the elections to the National Assembly of 2005, setting the minimum percentage of women in lists of candidates of a political party at 15 per cent (compared to the previous 5 per cent) and establishing that at least every tenth person in a list shall be a woman (section 2 of Annex No. 1, “Nomination of MP Candidates Under Proportional System”). The Committee notes the Government’s indication that the regional project “Gender and Politics in the Southern Caucasus: Armenia and Georgia” aims to improve women’s skills and qualifications in order to ensure their participation in political life and decision making, and to create dialogue in the area of gender issues. The Committee asks the Government to provide information on the following:

• (i) the content of the training courses offered and to indicate how they promote the principles of the Convention with respect to equality of opportunity and treatment between men and women;
• (ii) any developments regarding the draft law on equal rights and opportunities for women and men;
• (iii) the measures adopted by the Government under the Gender Policy Concept Paper;
• (iv) the implementation of the provisions of the Election Code establishing quotas for women candidates;
• (v) the results achieved by the regional project with respect to women’s representation in political life and decision-making positions, and to indicate the specific measures that have been taken to increase women’s skills and qualifications and to promote dialogue on gender issues.

Article 5. Special measures. The Committee notes that the Law on State Allowances fixes the parental leave for child care at 18,000 Armenia Dram (AMD) for two years, after which the Labour Code allows for the employee to take additional unpaid leave of a year until the child reaches three years of age. The Labour Code allows only one parent to take the leave (sections 173 and 176). The Government indicates that 99 per cent of the persons taking parental leave for child care are women. The Committee also notes that section 258 of the Labour Code was amended and provides that “it is prohibited to engage pregnant women and women taking care of a child under the age of one year in hard, harmful, extremely hard and extremely harmful works defined by RA legislation”. The Committee asks the Government to indicate the practical measures taken to address stereotypes regarding the roles of women and men in the family and to increase the proportion of men taking parental leave. The Committee asks the Government to provide a list of jobs that are deemed to be dangerous or harmful under section 258 of the Labour Code. Furthermore, noting the absence of a reply to its previous request, the Committee again asks the Government to provide information on the impact of the Law on the special protection of the disabled on the promotion of the principle of equality of opportunity and treatment of disabled persons.

Part V of the report form. Judicial decisions. The Committee notes the Government’s indication that during the period of 2008–10, no cases relating to sections 143 and 156 of the Criminal Code were brought before the courts. The Government also indicates that according to the information provided by the Office of Human Rights Ombudsperson, no complaints regarding discrimination in respect of employment and occupation have been registered by the Office. The Committee recalls that the absence of complaints does not necessarily mean that the Convention and the national legislation are being effectively applied and could indicate a lack of awareness of the rights, a lack of confidence in or absence of practical access to procedures, or fear of reprisals. The Committee asks the Government to supply any information concerning complaints received by the Ombudsperson or the labour inspectorate concerning discrimination and the remedies provided, and to gather and submit information on judicial and administrative decisions involving questions related to the principles of the Convention. The Committee also encourages the Government to take steps to raise awareness of the principles of the Convention and the procedures available, and to enhance the capacity of the responsible authorities including judges, labour inspectors, and other public officials to identify and address cases of discrimination.

Statistics. The Committee welcomes the statistics collected by the National Statistical Service (NSS), set out in the statistical booklet “Women and Men of Armenia” of 2009, which provides disaggregated data by sex, on women and men’s representation within different types of economic activities. The Committee asks the Government to continue to provide statistics on the distribution of men and women in different economic activities, and also to provide such information with reference to different occupations, in both the public and private sectors, and disaggregated as far as possible by race, religion and national extraction.