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

Worst Forms of Child Labour Convention, 1999 (No. 182) - Armenia (Ratification: 2006)

Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for prostitution, pornography or pornographic performances. The Committee notes that section 166 of the Criminal Code as amended in 2011 makes it an offence to involve a child in prostitution or in the production of pornography or pornographic materials. This offence is punishable by a fine of 200-fold of the minimum wage or with imprisonment of one to five years. The Committee requests the Government to indicate whether the prohibition on the involvement of a child in prostitution or pornography or pornographic performances covers all children under the age of 18 years. If not, it requests the Government to take the necessary measures to prohibit this worst form of child labour for all children under 18 years of age.

Clause (c). Use, procuring or offering a child for illicit activities, in particular for the production and trafficking of drugs. The Committee previously noted that section 266 of the Criminal Code makes it an offence to manufacture, process, procure, keep, traffic or supply narcotic drugs. It observed, however, that section 165 of the Criminal Code which prohibited the involvement of a minor in the commission of a crime appeared to apply only to children below the age of criminal responsibility, which is 16 years for the offences listed in section 266.

The Committee notes that the information provided by the Government in its report relates to the inducement or engaging of minors in the use of drugs and psychotropic substances. The Government’s report also indicates that the number of minors involved in the illegal trade of drugs and psychotropic substances was five in 2012, seven in 2013 and six in the first six months of 2014. 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 once again requests the Government to provide information on the measures taken or envisaged to prohibit the use, procuring or offering of a child under 18 years for illegal activities, in particular the production and trafficking of drugs.

Article 5. Monitoring mechanisms. Republic of Armenia (RA) police. The Committee notes from the Government’s report that: (i) the RA police is the main body authorized to combat trafficking and in this regard it established the Department for Protection of the Rights of Minors to combat trafficking in persons, which organizes various meetings and awareness-raising activities for students and minors on the various forms of trafficking and conducts training programmes for the police; (ii) 640 policemen received training on the issues relating to combating trafficking of children in 2012–13, including persons from the General Investigation Administration, and during the first semester of 2014, 450 such officials received training; (iii) in order to organize and implement specific operations targeting trafficking in persons, a National Headquarters was established in 2014 which comprises public servants from the General Department for Combating Organized Crime and the Department of Passports and Visas who visits places of residence of foreigners to verify if they are victims of trafficking for labour exploitation; and (iv) in 2012, 14 criminal cases were registered under section 132 and 132.2 related to trafficking in persons involving 13 victims of which two were minors, and in 2013, 11 cases were registered involving 19 persons of which 11 were minors. Similarly, during the first semester of 2014, five such criminal cases were registered involving six victims of which one was a minor.

Article 6. Programmes of action. National Plan of Action for the Protection of the Rights of the Child 2013–16. The Committee notes the Government’s indication that Government Decree No. 1694-N of December 2012 approved the National Plan of Action for the Protection of the Rights of the Child 2013–16 (National Plan of Action 2013–16). The Committee requests the Government to provide information on the concrete measures taken within the framework of the National Plan of Action 2013–16 to combat the worst forms of child labour and its results in terms of the number of children prevented and withdrawn from the worst forms of child labour.

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. Following its previous comments, the Committee notes the information provided by the Government on the measures taken to improve the quality of education and to modernize education such as introducing “information systems” in schools. The Committee notes, however, the Government’s indication that the number of students attending public schools decreased by 33.3 per cent during the school year 2012–13, while the number of students who left school has increased from 758 to 1,070. The Committee notes that according to the UNICEF estimates of 2012, the net attendance ratio at the primary level was 96.9 per cent for boys and 97.3 per cent for girls and the net enrolment rate at secondary level was 85 per cent for boys and 87.7 per cent for girls. In this regard, the Committee notes that the Committee on the Rights of the Child (CRC) in its concluding observations of July 2013 expressed concern at the high number of drop-outs from schools after the primary education (CRC/C/ARM/CO/3-4, paragraph 45(c)). Recalling that free basic education contributes to preventing the engagement of children in the worst forms of child labour, the Committee requests the Government to take the necessary measures to ensure access to free basic education and to strengthen the functioning of the education system, including by taking measures to increase the school enrolment, attendance and completion rates, particularly at the secondary level. It requests the Government to provide information on the 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. Following its previous comments, the Committee notes the Government’s information that the Ministry of Labour and Social Affairs (MLSA) is funding a programme called “Social-Psychological Rehabilitation of the Victims of Trafficking” which provides shelter, social, psychological, legal and medical assistance as well as access to secondary or vocational education for child victims of trafficking (from 2011–13, ten minors were provided support and assistance in these shelters). Moreover, the Committee notes from the Government’s report that a draft law “On identification and support of persons subjected to trafficking or exploitation” has been developed which provides for a specific programme of protection and assistance to child victims of trafficking. The Committee requests the Government to provide information on any progress made with regard to the adoption of the draft law on “Identification and support of persons subjected to trafficking or exploitation”. It also requests the Government to continue providing information on the number of child victims of trafficking under 18 years who have been provided with assistance and have been rehabilitated and reintegrated into education within the framework of the Social-Psychological Rehabilitation of the Victims of Trafficking programme.

Clause (d). Identify and reach out to children at special risk. Street children. Following its previous comments, the Committee notes the Government’s information that, in November 2013, a working group was created comprising the representatives of the MLSA, Ministry of Health, Ministry of Education and Science and the Child Foundation of the UN with the aim of preventing the phenomenon of begging and vagrancy in the country. It also notes the Government’s information that during the past years, the number of children involved in begging has decreased considerably. In the six months of 2014, the number of children registered in the Service of Minor Affairs of the RA police was 18. The Committee notes, however, that the CRC, in its concluding observations of July 2013 expressed particular concern at the increasing number of children involved in begging in the streets and in heavy manual labour such as labourers and loaders (CRC/C/ARM/CO/3-4, paragraph 49). Recalling that street children are at an increased risk of being involved in the worst forms of child labour, the Committee requests the Government to strengthen its efforts to protect street children from being exploited and to provide for their rehabilitation and social reintegration. It requests the Government to provide information on the measures taken in this regard and on the results achieved.

Application of the Convention in practice. The Committee notes the detailed information provided by the Government regarding the criminal proceedings undertaken during the period from 2010 to 2014. According to these data: (i) in 2010, three criminal cases involving four persons under section 132 (trafficking in persons) of the Criminal Code were examined by the courts, in one of the cases, two persons were sentenced to imprisonment for up to seven years and six months and, in another case, two persons were sentenced to imprisonment ranging from three to eight years; (ii) from 2010–14, two criminal cases against six persons were examined under section 168 (sale and purchase of a child) of the Criminal Code and all of them were punished with imprisonment for up to two years and six months; and (iii) from 2012–13, preliminary investigations were made regarding 25 criminal cases under section 132.2 (trafficking or exploitation of a child suffering from psychological disorder), section 166 (involving children in prostitution), sections 168 and 263 (dissemination of pornographic items) of the Criminal Code involving 26 minors. The Committee also notes the Government’s information that it is envisaged to conduct a survey on child labour in Armenia in collaboration with the ILO. The Committee expresses the hope that the survey on child labour will be conducted in the near future and requests the Government to provide information on the findings of the survey in relation to the nature, extent and trends of the worst forms of child labour and the number of children covered by the measures giving effect to the Convention. To the extent possible, all information provided should be disaggregated by age and sex. It also requests the Government to continue providing information on the number and nature of infringements reported related to the worst forms of child labour, investigations, prosecutions, convictions and penalties imposed.