Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

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

Article 3 of the Convention. Worst forms of child labour Clause (c). Use, procuring or offering of a child for illicit activities. The Committee previously noted the provisions of the Criminal Code (Articles 63 (5) and 165), which criminalize the involvement of persons under the age of 18 years in illicit activities. The Committee notes that the Government indicates in its report that, in 2016, three criminal cases were initiated for involving children in the commission of thefts. Two of these cases ended with acquittals and in one case the offender was sentenced to imprisonment. Likewise, in 2017, three criminal cases were opened concerning the involvement of children in the commission of crimes. In two of them, the offenders were sentenced to imprisonment. In 2018, one person was charged with involving a child in the selling of drugs and three persons were sentenced to imprisonment for involving children in committing thefts. In 2020, two criminal cases were initiated under article 165 of the Criminal Code which ended in acquittals. The Committee requests the Government to continue providing information on the number and nature of reported offences, investigations, prosecutions, convictions and criminal penalties imposed in respect of persons engaging children in illicit activities. In respect of the cases that have ended in acquittals, please provide information on the reasons for such acquittals.

Article 6. Programmes of action. In its previous comment, the Committee took note of the adoption of the 2016–2018 National Action Plan for Combating Human Trafficking and Exploitation and requested the Government to provide information on its implementation. The Committee notes that the Government indicates that, within the framework of the National Plan, awareness-raising activities against trafficking of children have been put in place in Yerevan and other regions of the country, and a legal guide was developed to support teachers in strengthening the capacities of students to avoid becoming victims of this crime. The Committee also notes that the Procedure for Providing Assistance to Potential Victims of Human Trafficking and Labour Exploitation, Victims and Special Category of Victims (Government Decision N492 - N of 5 May, 2016) was amended to establish a mechanism for guidance of child victims of trafficking and effectively organize and control measures to protect children. Finally, the Committee notes that the Specialized Police Division of Armenia has issued instructions to the territorial police subdivisions relating to the prevention of labour exploitation of children and that police members have received the respective training. The Committee welcomes the measures taken by the Government to prevent the trafficking and labour exploitation of children and requests the Government to provide information on their impact.

Article 7. Penalties. The Committee previously urged the Government to take measures to ensure the effective implementation and enforcement of the provisions of the Convention. The Committee notes that the Government indicates that criminal investigation of cases of child trafficking are under the responsibility of prosecutors from the specialized subdivision of the Prosecutor General’s Office who receive regular training on human trafficking and on the other worst forms of child labour. In reply to the Committee’s previous request for information on the application of penal sanctions, the Committee notes the Government’s indication that, under section 132.2 of the Criminal Code (trafficking or exploitation of a child), three persons were subject to criminal prosecution between 2016 and 2018, whereas one person was convicted in 2019. The Committee requests the Government to continue providing information on the measures taken to ensure the effective implementation and enforcement of the provisions of the Convention, including information on the application of penalties.

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 previously noted the measures taken by the Government to ensure access to free and basic education, including measures to detect and monitor cases of children out-of-school and requested the Government to provide information on their results. The Committee notes the Government’s indication that in 2021, a Procedure was adopted for identifying and directing children left out of compulsory education (Decision N154-N of February 2, 2021). The Procedure enlists situations when children are considered to be left out of compulsory education and aims to ensure that children have access to medical care, pedagogical and psychological support service and social assistance. The Committee observers that according to UNESCO statistics, the total number of out-of-school children was 17,789, whereas the total number of out-of-school adolescent was 18,864. Considering that education is key in preventing the engagement of children in the worst forms of child labour, the Committee requests the Government to continue taking measures to ensure access to free basic education for all children and to provide information on the impact of the measures taken. The Committee also requests the Government to provide information on the implementation of the Procedure for identifying and directing children left out of compulsory education adopted in 2021 and its results.

Clause (d). 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 previously noted the adoption in 2014 of the Law on Identification and Support of Persons Subjected to Trafficking or Exploitation. The Committee notes that the Government indicates that this law was amended to remove the age limit for victims to receive financial support (previously set at 18 years). It also notes the Government’s indication that victims receive assistance, including medical care and vocational training. In addition, the Ministry of Labour and Social Issues has implemented a program to support the social and psychological rehabilitation of victims of trafficking. Following the adoption of the 2014 law, ten children have been identified as victims of special category and ten children have received social assistance, and those who were not attending school are receiving education. The Committee requests the Government to continue providing information on the measures taken to ensure the rehabilitation and social integration of child victims of trafficking and their results. Please indicate the number of children who have been removed and provided with assistance.