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

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

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Article 1(1)(a) of the Convention. Protection against direct and indirect discrimination. Legislation. The Committee notes with satisfaction that, pursuant to Law No. HO-1753N of September 2019, section 3(1) of the Labour Code (as amended in 2019) now prohibits both direct and indirect discrimination in access to employment, vocational training and promotion and working conditions, based on the grounds of gender, race, skin colour, ethnic or social origin, genetic features, language, religion, outlook, political or other views or beliefs, belonging to national minority, property status, birth, disability, age or other circumstances of personal or social nature. The Committee welcomes this positive development but observes that the ground of ‘national extraction’ is not explicitly mentioned in that new list under section 3(1). It recalls that ‘national extraction’ covers distinctions made on the basis of a person’s place of birth, ancestry or foreign origin and that it covers discrimination in employment and occupation experienced by ethnic minorities, national minorities, indigenous and tribal peoples, and so on (see 2019 General observation on discrimination based on race, colour and national extraction). The Committee asks the Government to indicate whether: (i) the ground of “national extraction” is covered by the grounds of “race”, “skin colour”, “ethnic or social origins” and “national minority”; and (ii) any interpretation concerning ethnic or social origin or the open-list of prohibited discrimination grounds provided by section 3(1) has been handed down by the judicial authorities and, if so, to provide a summary of the decision(s). Further, the Committee asks the Government to provide information on: (i) the steps taken to raise-awareness of the new antidiscrimination provisions in the Labour Code among workers, employers and their respective organizations as well as law enforcement officials; and (ii) their application in practice, such as the number and nature of cases of direct and indirect discrimination in employment and occupation dealt with by labour inspectors, the courts or any other competent authorities, as well as the sanctions imposed and compensation granted.

Discrimination based on sex. Sexual harassment. The Committee notes with satisfaction that, the 2023 amendments to the Labour Code introduced provisions section 3(3) prohibiting and defining both quid pro quo and hostile environment sexual harassment: “Sexual harassment at the workplace or other place of performance of work duties (including business trips) is an unwanted act of a sexual nature, which has a physical, verbal or non-verbal manifestation (including sexual suggestions, touches), and which directly or indirectly affects a person on employment decisions or creates a degrading or socially isolating work environment.The Committee asks the Government to provide information on: (i) the measures taken to increase public awareness, including employers and workers and their organizations about discrimination based on sex and sexual harassment in particular; and (ii) the application of section 3 (3) of the Labour Code in practice, for example by providing information onthe number of complaints of sexual harassment referred to the competent authorities and their outcome (remedies granted and sanctions imposed).

Article 1(1)(b). Additional ground of discrimination. Disability. The Committee welcomes the adoption in 2021 of Law HO-194-N on the Rights of Persons with Disabilities which prohibits discrimination against persons with disabilities in the political, economic, social, cultural and (or) any other sphere. It also notes that the Government indicates in its report that, according to section 13 of the Law, the State and local self-government bodies should use “special temporary measures” to achieve actual equality for persons with disabilities. The Committee asks the Government to provide information on the practical application in the workplace of Law HO-194-N on the Rights of Persons with Disabilities», including any affirmative action measures adopted or envisage to ensure equality of opportunity and treatment for persons with disabilities in employment and occupation. It also asks the Government to provide statistical information on the number of people with disabilities employed in the public and private sectors, if possible disaggregated by sex.

Article 2. Promotion of equality of opportunity and treatment in employment and occupation. Noting that the Government’s report does not contain information on this point, the Committee recalls that the implementation of a national equality policy presupposes the adoption of a range of specific measures, which often consist of a combination of legislative and administrative measures, collective agreements, public policies, affirmative action measures, dispute resolution and enforcement mechanisms, specialized bodies, practical programmes and awareness-raising covering all the grounds of the Convention (2012 General Survey on Fundamental Conventions, paragraph 848). Once again, the Committee asks the Government to provide information on the steps taken to develop and implement a comprehensive national policy to promote equality and non-discrimination in all aspects of employment and occupation and with respect to all the grounds covered by the Convention, including any proactive measures taken to address the underlying causes of discrimination and de facto inequalities suffered by some groups of the population.

Promoting equal opportunity and treatment for ethnic minority groups. The Committee recalls that, based on the statistics provided by the Government (2011), it had: (1) noted that the Assyrians, Kurds and Yazidis labour participation is mainly limited to the agricultural, forestry and fishing sectors; and (2) requested updated 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. The Government indicates that no separate statistics are kept on ethnic minorities, in the sphere of employment, as the legislation prohibits discrimination on the basis of ethnicity or other similar grounds (section 3 of the Labour Code and article 49 of the Constitution). The Government also adds that persons registered as jobseekers and unemployed in the regional centers of the Unified Social Service can be engaged in the employment state programs, regardless of their ‘’nationality’’. In that regard, the Committee wishes to recall that in the absence of collection and publication of employment statistics disaggregated by ethnic origin, due to procedures that do not allow for such collection, the impact of measures taken to address the inequalities disproportionately affecting certain groups and members of those groups (because of their race, colour, national extraction, social origin, religion, and so on) remains uncertain in most cases (2019 General observation on discrimination based on race, colour and national extraction, published in 2019). The Committee emphasizes that, in cases where collecting data disaggregated by ethnic group is not possible, qualitative research on the nature and extent of labour inequalities, including their underlying causes, are crucial: (1) to determine the nature, extent and causes of discrimination, (2) to design and implement a relevant and effective national equality policy, and (3) to monitor and evaluate its results. It further recalls that Article 3(f) of the Convention requires governments to report on the action taken in pursuance of the national equality policy and the results secured by such action and systematically request governments to regularly assess the impact of such policies, in order to review and adjust existing measures and strategies on a continuing basis. The Committee also wishes to stress the importance of consulting with the social partners and the interested groups on the design, monitoring, implementation and evaluation of the measures and plans adopted with a view to ensuring their relevance, raising awareness about their existence, promoting their wider acceptance and ownership and enhancing their effectiveness.

Further, the Committee notes that in its 2022 Concluding Observations, the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) expressed concern about “the limited access to stable and adequately remunerated employment for disadvantaged and marginalized groups of women, including women belonging to ethnic minorities, internally displaced women, women in a refugee-like situation, migrant women and women with disabilities.” The Committee asks the Government to provide: (i) copies of any surveys, studies or research undertaken to determine the nature, extent and causes of the labour market inequalities along ethnic lines; and (ii) information on any practical measures taken to promote equal participation in employment and training of ethnic minorities, in particular women, such as dedicated action plans, awareness-raising measures Please clarify if the ‘nationality’ of registered jobseekers who can be engaged in the employment state programs, refer to their ethnicity or citizenship.

Promotion of gender equality. The Committee welcomes the adoption of the National Strategy and Action Plan 2019–23 for Gender Equality, which sets as a priority equal participation of women in science, education and socio-economic spheres. The Committee takes note that, according to statistical data published by the National Statistical Committee, 50 per cent of women in Armenia are not employed or are not seeking employment. According to the Country Gender Profile (EU 4GenderEquality-2021): (1) a major reason for women’s absence from the labour market is their engagement in unpaid household activities” (page7); (2) [t]here is a large gender gap in favour of men among employers in Armenia, as 86 per cent of employers are men, while only 14 per cent are women; and (3) women are almost twice more likely than men to be engaged as contributing family workers (65 per cent of family workers are women) (page 8). The Committee also notes that according to UN Women report “Analysis of the gender pay gap and gender inequality in the labour market in Armenia” (2020), “women are slightly more present in agriculture, which corroborates their larger share as unpaid family workers. Mining and especially construction, on the one hand, are more “masculine” sectors, as well as public administration. On the other hand, education and health and social care are dominated by women” (page 8). The Committee asks the Government to provide information on: (i) the measures taken and the results achieved following the implementation of the Gender Policy of 2019–23; (ii) the steps taken to promote women’s access to a wider range of jobs and occupations, including at management and decision-making levels, as well as the impact of such measures; and (iii) on the situation of men and women in the labour market, including their participation in the various sectors of the economy.

Article 5. Special measures. The Committee notes with regret that section 258 of the Labour Code, as amended in 2019, still provides for a blanket prohibition on the involvement of pregnant women and women caring for children under 1 year of age in heavy and harmful jobs, instead of restricting the prohibitions under section 258 of the Labour Code to those necessary to protect maternity so as not to constitute obstacles to the recruitment and employment of women. The Committee also notes that in its 2022 Concluding Observations, the CEDAW expressed concern about the lack of progress in abolishing the list of jobs considered dangerous for women, minors, and people with disabilities contained in Decision No.2308-N of December 2005 and urged the Government to abolish the list of non-recommended occupations restricting women’s access to certain occupations, facilitate women’s access to these occupations, and refocus its employment policies on gender equality. The Committee understands that the main reason behind the establishment of the list of prohibited occupations is the will to protect the health and safety of women. However, it wishes to recall that special protective measures for women should be limited to the protection of maternity in the strict sense and that provisions relating to the protection of persons working under hazardous or difficult conditions should be aimed at protecting the health and safety of both men and women at work, while taking account of gender differences with regard to specific risks to their health. It further recalls that other measures, such as improved health protection of both men and women, may be necessary to ensure that women can access these types of employment on an equal footing with men (see 2012 General Survey on the fundamental Conventions, paragraphs 839 and 840). The Committee reiterate its request to the Government to review the list of jobs deemed dangerous or harmful to the health of pregnant or nursing women and mother caring for a child under 1 year of age to ensure that any restrictions on the access of women to certain jobs are strictly limited to maternity protection and/or based on the results of a risk assessment showing the existence of specific risks for the health and/or safety or women.

Enforcement. The Committee recalls that in 2015, section 14 of the Law on the labour inspectorate of the State, which included among the competences of labour inspectors to deal with cases concerning discrimination in recruitment on the ground of sex, was repealed and that labour inspectors are no longer competent for enforcing provisions related to labour discrimination. The Government states that following the 2019 Labour Code amendments and the adoption of Ministerial Decision N 1121-L of 2020, a Health and Labour Inspection Body was established to enforce the labour legislation, including provisions on discrimination at the workplace. In that regard, the Committee wishes to draw the Government attention to its pending Observation under the Labour Inspection Convention, 1947 (No.81). The Government further indicates that section 203 of the Criminal Code (2021) provides that cases of discrimination shall be punishable with fine of a maximum of ten times the minimum wage, or a hundred hours of public work, or restriction of freedom for a maximum period of one year, or a short-term jail time for a maximum period of one month. The Committee asks the Government to provide information on the activities of the Labour Inspection Body, the Courts and the Office of the Human Rights Ombudsperson regarding discrimination in employment and occupation (awareness-raising, number of cases dealt with by the respective bodies, sanctions applied, and compensation granted).

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Article 1 of the Convention. Legislation. In its previous comments, the Committee asked the Government to take steps to adopt legislative provisions setting out a clear and comprehensive definition and prohibition of direct and indirect discrimination covering all aspects of employment and occupation, including recruitment, and based on at least all the grounds enumerated in Article 1(1)(a) of the Convention. The Committee notes that the Government refers again in its report to the prohibition of discrimination under the Constitution (section 14(1)), which does not include a prohibition based on “national extraction”, and to section 3(3) of the Labour Code that sets out the principle of legal equality of parties to labour relations, omitting the grounds of “national extraction”, “colour”, “social origin” and “political opinion”. Noting the absence of a clearly legislative framework protecting all workers on all grounds covered by the Convention, the Committee once again asks the Government to take steps to adopt legislative provisions setting out a clear and comprehensive definition and prohibition of direct and indirect discrimination covering all aspects of employment and occupation, including recruitment, and based on at least all the grounds enumerated in Article 1(1)(a) of the Convention. It also asks the Government to indicate how workers are protected against discrimination in practice on the basis of the grounds of “national extraction”, “colour”, “social origin” and “political opinion”.

Sexual harassment. The Committee recalls its previous comments requesting the Government to include provisions in the Labour Code defining and explicitly prohibiting both quid pro quo and hostile environment sexual harassment, and providing an accessible enforcement mechanism and appropriate remedies. The Committee notes with regret that instead of adopting provisions in this regard, section 221(2)(4) of the Labour Code, which established the application of disciplinary sanctions in case of sexual harassment, was repealed. Noting that there is no longer protection of workers against sexual harassment in employment, the Committee asks the Government to take measures to amend the Labour Code or to adopt separate legislation with the aim of defining, prohibiting and penalizing sexual harassment in both its forms, quid pro quo and hostile environment. The Committee also requests the Government to take practical measures, in collaboration with workers’ and employers’ organizations, to prevent sexual harassment in employment and occupation, and to provide detailed information on the measures taken in this regard.

Discrimination against ethnic minorities. The Committee notes that the Government refers to legislative provisions prohibiting discrimination on the basis of “belonging to national minority”, “race”, “colour” and “origin” (section 14(1) of the Constitution and section 3(3)(1) of the Labour Code). The Committee further notes the statistical information provided by the Government regarding the participation of ethnic minorities in the different sectors in 2011, according to which Yazidis’, Assyrians’ and Kurds’ participation in the labour markets is mainly limited to the agricultural, forestry and fishing sector. The Committee recalls that legislative measures to give effect to the principles of the Convention are important, but not sufficient to achieve its objective. Effectively responding to the complex realities and variety of ways in which discrimination occurs requires the adoption of differentiated measures. Proactive measures are required to address the underlying causes of discrimination between different groups in the labour market (see 2012 General Survey on the fundamental Conventions, paragraph 856). The Committee requests the Government to provide information on the measures taken or envisaged to improve the access of ethnic minorities to a wider range of job opportunities at all levels, including sectors in which they are currently absent or under-represented, with a view to ensuring equality to all workers in employment and occupation. The Committee requests the Government to also provide updated 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, with a view to addressing discrimination based on race, colour and national extraction, and assessing the results of measures taken.

Article 2. Promotion of equality of opportunity and treatment in employment and occupation. Noting that the Government does not provide information on the steps taken to develop and implement a comprehensive national policy to promote equality and non-discrimination in all aspects of employment and occupation and with respect to all the grounds covered by the Convention, including any proactive measures taken to address the underlying causes of discrimination and de facto inequalities suffered by some groups of the population, the Committee once again asks the Government to provide information in this regard.

Equality of opportunity and treatment between men and women. In relation with the measures adopted in the framework of the 2011–15 Gender Policy Strategy, the Committee notes with interest the adoption of Law No. HO-57-N of 20 May 2013 on Guaranteeing Equal Rights and Opportunities for Women and Men, which establishes the guarantees of ensuring equal rights and equal opportunities for men and women in political, social, economic, cultural and other fields of public life, and provides for the implementation of the state’s policy in gender equality. The Government further indicates the implementation of awareness-raising activities on the equal participation of men and women in the labour market, of projects with a view to promote entrepreneurship and economic initiatives for women by the Foundation of the National Centre of Small and Medium Entrepreneurship Development (“Support to start-up businesses”, “Business Information and Consultation for Small and Medium Entrepreneurship Subjects”, “training support to Small and Medium Entrepreneurship subjects”, and “Support to Women Entrepreneurship”), and of projects to raise the level of women’s employment in rural communities (“Management and Competitiveness of Community Agricultural Resources”). Welcoming the efforts of the Government to promote gender equality, the Committee asks the Government to continue to provide information on the policies and measures adopted for the promotion of gender equality in employment and occupation, including specific information on steps taken to promote women’s access to a wider range of jobs and occupations, including at management and decision-making levels, as well as the impact of such measures. The Committee further requests the Government to provide detailed statistical information on the situation of men and women in the labour market, including their participation in the various sectors and occupations.

Article 5. Special measures. In its previous comments, the Committee asked the Government to review the list of jobs that are deemed to be dangerous or harmful, with a view to restricting prohibitions under section 258 of the Labour Code to those necessary to protect maternity so as not to constitute obstacles to the recruitment and employment of women. The Committee notes the Government’s indication that amendments of section 258 of the Code are in the phase of discussions with interested parties, including social partners. The Committee hopes that the list of jobs that are deemed to be dangerous or harmful would be reviewed, with the aim of restricting prohibitions to those necessary to protect maternity so as not to constitute obstacles to the recruitment and employment of women. The Committee asks the Government to provide information on any measures taken in this respect.

Enforcement. In its previous comments, the Committee asked the Government to provide information on the power of labour inspectors and of the Human Rights Ombudsperson with respect to discrimination at all stages of employment and occupation, including recruitment, and any cases reviewed in this regard by the competent authorities. The Committee notes that, following the adoption of the Government Decree No. 572-N of 4 June 2015, to amend the Government Decree No. 857-N of 25 July 2013, section 14 of the Law on the labour inspectorate of the State, which included among the competences of labour inspectors to deal with cases concerning discrimination in recruitment on the ground of sex, was repealed. The Committee also notes from the Government’s report that labour inspectors are no longer competent for enforcing provisions related to labour discrimination. In this regard, the Committee underscores the importance of establishing accessible and effective complaint mechanisms, procedures and remedies for victims of discrimination. However, the Government indicates that some cases regarding discrimination in employment and occupation were received by the Human Rights Ombudsperson, but that discrimination was not confirmed. The Committee further notes that the Government indicates, based on information of human rights organizations, that existing discrimination in the labour market on the ground of sex, age, disability and physical appearance leads to unemployment. The Committee asks the Government to indicate how the provisions of the Labour Code in relation to employment discrimination, including in recruitment, are being enforced. The Committee encourages the Government to carry out an analysis of discrimination in the labour market, and asks it to provide information in this regard. It also asks the Government to provide specific information regarding compliance, including information on relevant legislation, as well as any violations detected by the Human Rights Ombudsperson, as well as any court or administrative decisions relating to the principle of the Convention including any remedies provided and sanctions imposed.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

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 the absence of a provision explicitly prohibiting discrimination in the Labour Code. It also recalls that section 3(3) of the Labour Code enshrines the principle of “legal equality of parties to labour relations irrespective of their gender, race, nation, language, origin, citizenship, social status, religion, marital and family status, age, philosophy, political party, trade union or public organization membership, other factors unrelated to the employee’s professional qualities”, omitting the grounds of national extraction, colour, social origin and political opinion, and that section 3(5) provides for “equality of rights and opportunities of workers”. The Committee notes that the Government refers in its report to section 11 of the Law on employment of the population and social protection in case of unemployment, according to which “ensuring employment for individuals regardless of their nationality, race, gender, age, language, religion, political and other attitudes and approaches, social origin, property and other conditions” is one of the key principles of the State Employment Policy. The Government’s report does not provide any information on the protection of workers against discrimination in practice. Recalling the absence of legislative protection of workers against discrimination and noting the lack of other protective measures in employment and occupation, the Committee asks the Government to take steps to adopt legislative provisions setting out a clear and comprehensive definition and prohibition of direct and indirect discrimination covering all aspects of employment and occupation, including recruitment, and based on at least all the grounds enumerated in Article 1(1)(a) of the Convention. Please provide specific information of the steps taken in this regard.

Sexual harassment. The Committee notes the adoption in 2011 of the National Action Plan To Combat Gender-Based Violence, which was attached to the Government’s report. The Plan points out several issues to be addressed, such as the low level of public awareness, the weak data collection system, the lack of enforcement mechanisms and the absence of protective measures. The Government also indicates that an Interagency Commission on Combating Gender-Based Violence has been established to improve prevention activities and data collection. The Committee notes that, under section 221 of the Labour Code, “sexual harassment of colleagues, subordinates or beneficiaries” is considered a “gross violation of labour discipline” which may lead to the application of disciplinary sanctions, including termination of employment. It notes, however, that there is no clear definition of sexual harassment in the labour legislation. The Committee asks the Government to take steps, in cooperation with the workers’ and employers’ organizations, to include provisions in the Labour Code defining and explicitly prohibiting both quid pro quo and hostile environment sexual harassment, and providing an accessible enforcement mechanism and appropriate remedies. The Committee also asks the Government to provide information on any measures taken within the framework of the National Action Plan To Combat Gender-Based Violence or otherwise, to prevent and address sexual harassment in employment and occupation, including practical measures taken at the workplace level. Please also provide information on any case of sexual harassment in employment and occupation dealt with by the competent authorities under section 221 of the Labour Code or otherwise, and the outcome thereof.

Discrimination against ethnic minorities. The Committee notes the Government’s indication that the legislative process regarding the draft Law on citizens of different ethnic origins and ethnic minorities has been suspended as a result of preliminary discussions with representatives of ethnic minorities indicating that they consider that their rights should be protected under general national legislation rather than under a specific law. The Committee notes that the Department for Ethnic Minorities and Religious Affairs holds periodical meetings with non-governmental organizations representing ethnic minorities with a view to raising awareness of their rights. The Government also indicates that documents on the protection of ethnic minorities’ rights are available on official websites of regions where these minorities live and that no discrimination cases against ethnic minorities in employment and occupation were registered. The Committee asks the Government to indicate how the protection of ethnic minorities against discrimination in employment and occupation is ensured in law and in practice, including information on the functioning of any complaints mechanism established for that purpose, and to continue to provide information on any activities undertaken by the Department for Ethnic Minorities and Religious Affairs to promote non-discrimination and equality in employment and occupation. Noting that a national census took place in 2011, the Committee once again asks the Government to 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 recalls that, with a view to achieving the elimination of discrimination in employment and occupation, the Convention requires the development and the implementation of a national equality policy for all categories of workers and covering at least all the grounds enumerated in Article 1(1)(a) of the Convention. It recalls that the implementation of the national equality policy presupposes the adoption of a range of specific and concrete measures, including in most cases the need for a clear and comprehensive legislative framework, and ensuring that the right to equality and non-discrimination is effective in practice (see General Survey on the fundamental Conventions, 2012, paragraphs 732 and 841–849). In light of the above, the Committee asks the Government to provide information on the steps taken to develop and implement a comprehensive national policy to promote equality and non-discrimination in all aspects of employment and occupation and with respect to all the grounds covered by the Convention, including any proactive measures taken to address the underlying causes of discrimination and de facto inequalities suffered by some groups of the population.

Equality of opportunity and treatment between men and women. The Committee notes the information provided by the Government on the representation of women in political life and decision-making positions. It further notes that the draft Law on equal rights and opportunities for women and men was approved by the Government and is now pending before the National Assembly for its adoption. The Committee notes the adoption of the Gender Policy Strategic Action Plan for 2011–15 which includes measures to eliminate discrimination based on gender in the socio-economic field and achieve equality in employment, measures to expand women’s economic opportunities and improve their working conditions and income in rural areas, measures to enhance women’s and men’s competitiveness on the labour market and lower the level of women’s unemployment, and measures to create favourable conditions for reconciling work with family responsibilities, including through the involvement of men in childcare. The Government indicates that training sessions on gender issues are being organized for civil servants and that Women’s Resource Centres carry out numerous activities to promote equality between men and women and address gender stereotypes. The Committee notes that women continue to face higher unemployment rates than men and remain concentrated in lower paying sectors and lower positions. Welcoming the efforts of the Government to promote gender equality, the Committee asks the Government to provide information on the measures taken to implement the Gender Policy Strategic Action Plan for 2011–15 with respect to employment and occupation and the results achieved. In this respect, it asks for specific information on measures taken to address occupational gender segregation (both vertical and horizontal), and promote women’s access to a wider range of jobs, in particular higher paying jobs and those with career prospects, as well as steps taken to improve women’s access to credit and land. Please also provide information on awareness-raising activities carried out to address gender stereotypes and provide a copy of the Law on equal rights and opportunities for women and men once it has been adopted.

Article 5. Special measures. The Committee notes the Government’s indications regarding the list of jobs that are deemed to be dangerous or harmful and therefore prohibited for pregnant women and women caring for a child under 1 year of age established by Governmental Decision No. 2308-N, under section 258 of the Labour Code. The Committee understands that the main reason behind the establishment of the list of prohibited occupations is the will to protect the health and safety of women. However, the Committee wishes to recall that special protective measures for women should be limited to the protection of maternity in the strict sense and that provisions relating to the protection of persons working under hazardous or difficult conditions should be aimed at protecting the health and safety of both men and women at work, while taking account of gender differences with regard to specific risks to their health. It further recalls that other measures, such as improved health protection of both men and women, may be necessary to ensure that women can access these types of employment on an equal footing with men. The Committee asks the Government to review the list of jobs that are deemed to be dangerous or harmful, with a view to restricting prohibitions to those necessary to protect maternity so as not to constitute obstacles to the recruitment and employment of women, and to provide information on any measures taken in this respect.

Enforcement. The Committee notes that, according to section 11(15) of the Law on the state labour inspectorate, labour inspectors examine cases of gender discrimination in the recruitment process. It notes that, further to the inspections carried out in enterprises, no violation of the provisions of the Labour Code relating to equality and equal opportunities have been identified. The Government also states that the Human Rights Defender did not receive any complaints of discrimination based on race, gender, religion, political opinion or national extraction in employment and occupation and that no cases related to the application of the Convention were dealt with by the courts. The Committee continues to encourage the Government to take steps to raise awareness of the principles of equality and non-discrimination in employment and occupation and the procedures available, and to enhance the capacity of the responsible authorities including judges, labour inspectors, the Human Rights Defender and other public officials to identify and address cases of discrimination. The Committee also asks the Government to provide clarification on the following points:

• (i) the power of labour inspectors with respect to gender discrimination in the course of employment and to discrimination based on grounds other than gender at all stages of employment and occupation, including recruitment; and
• (ii) the power of the Human Rights Defender to deal with discrimination complaints made by public sector employees or candidates to a position with respect to their access to employment or conditions of employment.

Please continue to provide information on any cases of discrimination in employment and occupation dealt with by the competent authorities.

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

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.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 1, paragraph 1(a) and (b), of the Convention. Prohibition of discrimination. The Committee notes that article 14(1) of the Constitution of Armenia prohibits discrimination on the grounds of sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or other personal or social circumstances. All the grounds referred to in Article 1(1)(a) of the Convention are thus expressly recalled, with the exception of national extraction. The Committee also notes that section 143 of the Criminal Code punishes with a fine in the amount of 200 to 400 minimum salaries, or with imprisonment for up to two years any direct or indirect breach of citizens’ equality for reasons related to the citizen’s nationality, race, sex, language, religion, political or other views, social origin, property or other status. With specific regard to the labour context, the Committee notes that section 3(1)(3) of the Labour Code enshrines the principle of legal equality of the parties to labour relations, irrespective of their gender, race, nationality, language, origin, citizenship, social status, religion, marital and family status, age, philosophy, political party, trade union or public organization membership, or other factors unrelated to the employee’s professional qualities. Again, the Committee notes that the section does not directly refer to national extraction, colour, social origin or political opinion. The Committee notes that the principle of equality of rights and opportunities of the workers is explicitly stated in section 3(1)(5). Pursuant to section 114 of the Labour Code, an employment contract cannot be terminated because of one of the abovementioned grounds. Also, the Committee notes that section 117 explicitly prohibits the dismissal of women on the basis of pregnancy. Accordingly, section 156 of the Criminal Code punishes with a fine in the amount of 200 to 500 minimum salaries, or 120–180 hours of public work, or imprisonment for up to one month the unjustified refusal to hire a pregnant woman or a person with a child under 3 years of age or their unjustified dismissal. However, the Committee notes that no provision expressly prohibiting direct and indirect discrimination on the grounds referred to in Article 1(1)(a) of the Convention is incorporated in the legislation. The Committee requests the Government to:

(i)    provide information on the practical situation in the country with regard to discrimination on the grounds enumerated in Article 1(1)(a) of the Convention as well as on the other grounds specified by national legislation, including information on the situation of persons belonging to the Yezidi community;

(ii)   clarify whether the ground of “national extraction” falls within the scope of article 14(1) of the Constitution and section 3 of the Labour Code and also whether the grounds of colour, social origin and political opinion are covered in practice under this section;

(iii)  indicate how it is ensured that jobseekers and employees are protected against both direct and indirect discrimination; and

(iv)   supply information on the practical application of the relevant provisions of the national legislation referred to above, including information on any judicial or administrative decisions relating to the application of articles 143 and 156 of the Criminal Code and any relevant examples of disciplinary sanctions imposed for reasons of “gross violation of labour discipline” in accordance with section 221 of the Labour Code.

Sexual harassment. The Committee notes that according to section 221 of the Labour Code, the violation of equal rights of men and women or sexual harassment of colleagues, subordinates or beneficiaries may be considered as a “gross violation of labour discipline” punishable by a set of disciplinary sanctions provided for in section 223. The Committee notes, however, that no legal prohibition of sexual harassment is included in the legislation. As a result, the Committee notes that the possibility of disciplining and punishing sexual harassment at the workplace is left to the employers. In fact, the disciplinary sanctions contemplated in section 223 only apply to the employee who has committed a violation of labour discipline pursuant to section 222. Recalling the 2002 general observation on the Convention, the Committee requests the Government to clarify whether both quid pro quo sexual harassment and harassment resulting in a hostile work environment are prohibited by law, and to supply information on the measures taken or envisaged to prevent and punish sexual harassment at the workplace.

Article 1, paragraph 3. Definition of employment and occupation. The Committee notes that section 3(3) of the Labour Code only recognizes the principle of equality in respect of the parties to a “labour relation” and that section 3(5) affirms the principle of equality of the rights and opportunities with respect to workers. The Committee considers that the terms of these provisions are narrower than the Convention which also applies to access to vocational training and work and thus recognizes the principle of equality of opportunity and treatment in respect of both jobseekers and workers. In this regard, the Committee notes that the proposed amendments to section 86 of the Labour Code would prohibit discriminatory job announcements. However, these amendments would not cover other discriminatory practices at the stage of recruitment or selection. The Committee requests the Government to indicate how it is ensured that the principle of equality of opportunity and treatment in employment and occupation applies in respect of all the aspects enumerated in Paragraph 2(b) of the Discrimination (Employment and Occupation) Recommendation, 1958 (No. 111). The Committee also requests the Government to consider widening the scope of the amendments to section 86 of the Labour Code so as to encompass a general prohibition of discrimination in the recruitment and selection phases. Please provide information regarding the status of the adoption of these amendments.

Article 2. Promotion of equality of opportunity and treatment in employment and occupation. The Committee notes that section 11 of the Law on Employment and Social Protection in Case of Unemployment sets out that one of the key principles underlying the national employment policy is to ensure employment for every individual, regardless of his or her nationality, race, gender, age, language, religion, political and other attitudes and approaches, social origin, property and other conditions. The Committee requests the Government to provide information on the measures taken under this provision to promote the principle of the Convention in respect of all the grounds enumerated in Article 1(1)(a) of the Convention, including the ground of national extraction which is not expressly mentioned in section 11, as well as on any other initiatives taken or envisaged in this regard. In particular, the Committee requests the Government to indicate to what extent persons belonging to minority groups have benefited from the national programmes for the promotion of employment referred to in section 13 of the Law. Please also indicate whether any measures related to the promotion and application of the principle of the Convention are contemplated under the Poverty Reduction Strategy Paper approved by resolution No. 994-N of 8 August 2003.

Equality of opportunity and treatment between men and women. The Committee notes from the combined 3rd and 4th government reports under the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) that on 8 April 2004 the National Programme to Improve the Status of Women and Enhance their Role in Society (2004–2010) was adopted by government Decision No. 646-N (CEDAW/C/ARM/4, 28 December 2007, paragraph 24). Under the Programme a special focus is placed upon the recruitment of women to management bodies (paragraph 49), as well as upon cooperation with the mass media with a view to overcoming the prejudices and stereotypes concerning women’s role in society. In this regard, the Committee notes that some specific initiatives, including sensitization and awareness-raising campaigns, have also been conducted with the support of the OSCE Office for Democratic Institutions and Human Rights (paragraph 59). Moreover, the Government’s combined report indicates that in March 2004 an agreement on the joint implementation of the regional project “Gender and Politics in the Southern Caucasus: Armenia and Georgia” was signed. The Committee further notes that the Election Code provides for some quotas in favour of women. The Committee requests the Government to supply full information on the measures taken to implement the National Programme to Improve the Status of Women and Enhance their Role in Society (2004–10) and their impact on the promotion of the principle of the Convention, especially with regard to women’s access to vocational training and employment of their choice, opportunities for career advancement and enjoyment of equal conditions of work, including remuneration. Noting that the Government is required to deliver an annual report on the implementation of the National Programme, the Committee would appreciate receiving a copy of such report. The Committee also requests the Government to provide information on the implementation of the regional project “Gender and Politics in the Southern Caucasus: Armenia and Georgia” to the extent that it may affect the promotion and application of the principle of equality of opportunity and treatment between men and women in employment and occupation. Please also provide a copy of the relevant provisions of the Electoral Code.

Article 3, subparagraph (a). Cooperation with workers’ and employers’ organizations and other appropriate bodies. The Committee notes that section 16 of the Law on Employment and Social Protection in Case of Unemployment provides for the establishment of tripartite “agreement committees”, at the national or local level, which are charged with making concerted decisions in relation to the development and implementation of national and local programmes for the promotion of employment. The Committee also notes that in 2004, the Department for Ethnic Minorities and Religious Affairs was established with the mandate, among other things, to combat discrimination against persons belonging to minority groups (ECRI, Second Report on Armenia, CRI (2007)1, 30 June 2006, paragraph 40; COE, Advisory Committee, ACFC/OP/II(2006)005, 12 May 2006, paragraph 8). With regard to the promotion of equality between men and women, the Committee notes that the Department of Women’s, Family and Children’s Issues has been created within the Ministry of Labour and Social Issues and has been given the task of pursuing gender equality (CEDAW/C/ARM/4, paragraph 37). Furthermore, the Committee notes that in November 2004 a technical cooperation programme (2004‑06) was launched under the auspices of the ILO with a view to fostering the inclusion of a gender dimension in collective bargaining and agreements (ibid., paragraph 176). The Committee requests the Government as follows:

(i)    to indicate to what extent the principle of equality of opportunity and treatment is reflected in the development and implementation of employment programmes by the tripartite agreement committees; and

(ii)   to provide information on any activities carried out by the Department for Ethnic Minorities and Religious Affairs and the Department of Women’s, Family and Children’s Issues which are relevant to promoting the acceptance and observance of the principle of the Convention.

Article 3(b). Measures to secure acceptance and observance of the principle of the Convention. The Committee notes from the Second Opinion on the country of the Council of Europe’s Advisory Committee that a specific law on the protection of national minorities is currently being drafted (ACFC/OP/II(2006)005, paragraph 9). The Committee also notes that the implementation of specific programmes aimed at sensitizing the public on gender-related issues are referred to in the Government’s report under the CEDAW. These programmes also encompass the establishment of a wide range of “gender courses” in various universities (CEDAW/C/ARM/4, paragraph 60 ff.). The Committee encourages the Government to consider inserting in the draft law on the protection of national minorities a specific provision giving expression to the principle of the Convention and requests it to keep the Office informed on any developments regarding the adoption of this Law. The Committee also requests the Government as follows:

(i)    to supply information on the implementation and impact of the educational programmes mentioned by the Government in the report submitted to the Committee on the Elimination of Discrimination Against Women; and

(ii)   to indicate whether similar programmes are being carried out beyond the sphere of gender equality with a view to promoting acceptance of the principle of equality of opportunity and treatment irrespective, in particular, of race, colour, national extraction or social origin.

Article 3, subparagraph (c). Legislative developments. The Committee notes from the Government’s report under the CEDAW, that a “gender analysis” of the legislation is being carried out (CEDAW/C/ARM/4, paragraph 60). The Government is invited to provide more information on this initiative and its outcome.

Article 3, subparagraph (d). Public sector. The Committee notes that section 11 of the Law on Civil Service establishes the right of every citizen to hold a civil service position regardless of his or her sex. Additionally, section 33 prohibits dismissal on the basis of pregnancy and section 29 recognizes the principle of equal remuneration for work of equal value (CEDAW/C/ARM/4, paragraph 112). The Committee requests the Government to supply information on the measures taken or envisaged to promote the understanding and application of the principle of equality of opportunity and treatment irrespective of all the grounds enumerated in Article 1(1)(a) of the Convention in the public sector. The Committee also encourages the Government to gather and submit statistical information on the employment of men and women belonging to minority groups in the public sector, disaggregated, when possible, by position and occupation. Please also provide information on any other relevant provisions prohibiting discrimination and enshrining the principle of equality of opportunity and treatment which may be included in the specific legislation governing employment in the public sector, and on their application.

Article 3, subparagraph (e). Vocational guidance and training. The Committee notes from the Government’s report that vocational guidance and training is provided by the State Employment Service and the Centre for Youth Vocational Guidance. The Committee requests the Government to provide information on any measures taken by these bodies to promote equality of opportunity and treatment through vocational guidance and in access to vocational training.

Article 5. Special measures. Workers with family responsibilities. The Committee notes that section 172 of the Labour Code provides for a pregnancy and maternity leave of 140 days, (155 days in case of complications, or 180 in case of multiple births), during which the woman will continue to receive her full salary. In case of adoption or guardianship of a newborn child, the Committee notes that the concerned employee will be granted leave for the period from the date of adoption or guardianship until the baby is 70 days old. Section 173 also confers on both parents, grandparents, stepmother or stepfather or any other relatives, the possibility of taking parental leave to look after a child of less than 3 years of age. Moreover, the Committee notes that section 176 grants the possibility of taking unpaid leave for a maximum of two months to the husband of a woman taking care of a child less than 1 year of age. Section 258 further recognizes the right of women to take breaks to breastfeed their children at least every three hours for at least 30 minutes. In order to accommodate the needs of workers with family responsibilities, section 141 of the Labour Code also provides for the possibility of establishing part-time work upon request of a pregnant woman or of an employee raising a child less than 1 year of age, as well as upon request of an employee nursing a sick member of his or her family (for a maximum period of six months and up to a reduction of 50 per cent of the regular working time). Section 141(3) expressly stipulates that the shift to part‑time work shall not result in any limitations on the duration of the annual leave, the computation of the length of service, the granting of promotions and any other rights of the employee. Also, section 117 prohibits the dismissal of an employee taking care of a child less than 1 year of age. The Committee requests the Government to clarify whether workers taking parental leave continue to receive their full salary, what is the maximum duration of the leave and how the provision on parental leave in section 173 is coordinated with section 176 regulating unpaid leave. Please also provide information on the number of men and women requesting parental leave, or moving from full-time to part-time work.

Maternity protection. The Committee notes that under section 258 of the Labour Code pregnant women and women taking care of a child less than 1 year of age shall not be engaged in a job which may be dangerous or harmful. The Government’s report indicates that on 19 December 2005 a list of jobs deemed dangerous was adopted by Decision No. 2308-N. Additionally, the Committee notes that sections 144 and 148 provide for restrictions on women’s performance of, respectively, overtime and night work. Section 144 provides that pregnant women and women taking care of children less than 1 year of age may be assigned overtime work only with their consent. Section 148 applies the same condition to pregnant women and women taking care of children less than 3 years of age. Please provide a copy of Decision No. 2308-N.

Disabled persons. The Committee notes from the Government’s report that section 9(2) of the Law on special protection of the disabled provides for programmes aimed at the rehabilitation of disabled persons’ labour skills. The Committee requests the Government to provide information on the impact of this Law on the promotion of the principle of equality of opportunity and treatment in respect of disabled persons.

Parts III–V of the report form. The Committee notes that a Human Rights Ombudsperson was established under the Law on the Human Rights Defender (Ombudsperson), adopted on 21 October 2003. This body is entitled to receive complaints concerning human rights violations by public authorities, including discrimination. The Committee requests the Government as follows:

(i)    to indicate the authorities and institutions entrusted with the application of the relevant laws and regulations relating to the principle of the Convention;

(ii)   to supply information on any complaints received by the Ombudsperson concerning discrimination and the remedies provided, as well as on any other activities carried out by this body in relation to the fight against discrimination and the promotion of equality of opportunity and treatment in employment and occupation;

(iii)  to gather and submit information on judicial and other decisions involving questions of principle relating to the application of the Convention;

(iv)   to supply information on the monitoring activities carried out by the labour inspectorate services with regard to the application of the principle of equality of opportunity and treatment in employment and occupation, including information on their findings and the sanctions imposed in case of detection of discriminatory practices; and

(v)    to provide statistical information on the distribution of men and women in the various sectors, positions and occupations, both in the private and public sectors, disaggregated, as far as possible, by race, colour and national extraction.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes the Government’s first report.

Article 1(1)(a) and (b) of the Convention. Prohibition of discrimination. The Committee notes that article 14(1) of the Constitution of Armenia prohibits discrimination on the grounds of sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or other personal or social circumstances. All the grounds referred to in Article 1(1)(a) of the Convention are thus expressly recalled, with the exception of national extraction. The Committee also notes that section 143 of the Criminal Code punishes with a fine in the amount of 200 to 400 minimum salaries, or with imprisonment for up to two years any direct or indirect breach of citizens’ equality for reasons related to the citizen’s nationality, race, sex, language, religion, political or other views, social origin, property or other status. With specific regard to the labour context, the Committee notes that section 3(1)(3) of the Labour Code enshrines the principle of legal equality of the parties to labour relations, irrespective of their gender, race, nationality, language, origin, citizenship, social status, religion, marital and family status, age, philosophy, political party, trade union or public organization membership, or other factors unrelated to the employee’s professional qualities. Again, the Committee notes that the section does not directly refer to national extraction, colour, social origin or political opinion. The Committee notes that the principle of equality of rights and opportunities of the workers is explicitly stated in section 3(1)(5). Pursuant to section 114 of the Labour Code, an employment contract cannot be terminated because of one of the abovementioned grounds. Also, the Committee notes that section 117 explicitly prohibits the dismissal of women on the basis of pregnancy. Accordingly, section 156 of the Criminal Code punishes with a fine in the amount of 200 to 500 minimum salaries, or 120–180 hours of public work, or imprisonment for up to one month the unjustified refusal to hire a pregnant woman or a person with a child under 3 years of age or their unjustified dismissal. However, the Committee notes that no provision expressly prohibiting direct and indirect discrimination on the grounds referred to in Article 1(1)(a) of the Convention is incorporated in the legislation. The Committee requests the Government to:

(i)    provide information on the practical situation in the country with regard to discrimination on the grounds enumerated in Article 1(1)(a) of the Convention as well as on the other grounds specified by national legislation, including information on the situation of persons belonging to the Yezidi community;

(ii)   clarify whether the ground of “national extraction” falls within the scope of article 14(1) of the Constitution and section 3 of the Labour Code and also whether the grounds of colour, social origin and political opinion are covered in practice under this section;

(iii) indicate how it is ensured that jobseekers and employees are protected against both direct and indirect discrimination; and

(iv)  supply information on the practical application of the relevant provisions of the national legislation referred to above, including information on any judicial or administrative decisions relating to the application of articles 143 and 156 of the Criminal Code and any relevant examples of disciplinary sanctions imposed for reasons of “gross violation of labour discipline” in accordance with section 221 of the Labour Code.

Sexual harassment. The Committee notes that according to section 221 of the Labour Code, the violation of equal rights of men and women or sexual harassment of colleagues, subordinates or beneficiaries may be considered as a “gross violation of labour discipline” punishable by a set of disciplinary sanctions provided for in section 223. The Committee notes, however, that no legal prohibition of sexual harassment is included in the legislation. As a result, the Committee notes that the possibility of disciplining and punishing sexual harassment at the workplace is left to the employers. In fact, the disciplinary sanctions contemplated in section 223 only apply to the employee who has committed a violation of labour discipline pursuant to section 222. Recalling the 2002 general observation on the Convention, the Committee requests the Government to clarify whether both quid pro quo sexual harassment and harassment resulting in a hostile work environment are prohibited by law, and to supply information on the measures taken or envisaged to prevent and punish sexual harassment at the workplace.

Article 1(3). Definition of employment and occupation. The Committee notes that section 3(3) of the Labour Code only recognizes the principle of equality in respect of the parties to a “labour relation” and that section 3(5) affirms the principle of equality of the rights and opportunities with respect to workers. The Committee considers that the terms of these provisions are narrower than the Convention which also applies to access to vocational training and work and thus recognizes the principle of equality of opportunity and treatment in respect of both jobseekers and workers. In this regard, the Committee notes that the proposed amendments to section 86 of the Labour Code would prohibit discriminatory job announcements. However, these amendments would not cover other discriminatory practices at the stage of recruitment or selection. The Committee requests the Government to indicate how it is ensured that the principle of equality of opportunity and treatment in employment and occupation applies in respect of all the aspects enumerated in Paragraph 2(b) of the Discrimination (Employment and Occupation) Recommendation, 1958 (No. 111). The Committee also requests the Government to consider widening the scope of the amendments to article 86 of the Labour Code so as to encompass a general prohibition of discrimination in the recruitment and selection phases. Please provide information regarding the status of the adoption of these amendments.

Article 2. Promotion of equality of opportunity and treatment in employment and occupation. The Committee notes that section 11 of the Law on Employment and Social Protection in Case of Unemployment sets out that one of the key principles underlying the national employment policy is to ensure employment for every individual, regardless of his or her nationality, race, gender, age, language, religion, political and other attitudes and approaches, social origin, property and other conditions. The Committee requests the Government to provide information on the measures taken under this provision to promote the principle of the Convention in respect of all the grounds enumerated in Article 1(1)(a) of the Convention, including the ground of national extraction which is not expressly mentioned in section 11, as well as on any other initiatives taken or envisaged in this regard. In particular, the Committee requests the Government to indicate to what extent persons belonging to minority groups have benefited from the national programmes for the promotion of employment referred to in section 13 of the Law. Please also indicate whether any measures related to the promotion and application of the principle of the Convention are contemplated under the Poverty Reduction Strategy Paper approved by resolution No. 994-N of 8 August 2003.

Equality of opportunity and treatment between men and women. The Committee notes from the combined 3rd and 4th government reports under the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) that on 8 April 2004 the National Programme to Improve the Status of Women and Enhance their Role in Society (2004–2010) was adopted by government Decision No. 646-N (CEDAW/C/ARM/4, 28 December 2007, paragraph 24). Under the Programme a special focus is placed upon the recruitment of women to management bodies (paragraph 49), as well as upon cooperation with the mass media with a view to overcoming the prejudices and stereotypes concerning women’s role in society. In this regard, the Committee notes that some specific initiatives, including sensitization and awareness-raising campaigns, have also been conducted with the support of the OSCE Office for Democratic Institutions and Human Rights (paragraph 59). Moreover, the Government’s combined report indicates that in March 2004 an agreement on the joint implementation of the regional project “Gender and Politics in the Southern Caucasus: Armenia and Georgia” was signed. The Committee further notes that the Election Code provides for some quotas in favour of women. The Committee requests the Government to supply full information on the measures taken to implement the National Programme to Improve the Status of Women and Enhance their Role in Society (2004–10) and their impact on the promotion of the principle of the Convention, especially with regard to women’s access to vocational training and employment of their choice, opportunities for career advancement and enjoyment of equal conditions of work, including remuneration. Noting that the Government is required to deliver an annual report on the implementation of the National Programme, the Committee would appreciate receiving a copy of such report. The Committee also requests the Government to provide information on the implementation of the regional project “Gender and Politics in the Southern Caucasus: Armenia and Georgia” to the extent that it may affect the promotion and application of the principle of equality of opportunity and treatment between men and women in employment and occupation. Please also provide a copy of the relevant provisions of the Electoral Code.

Article 3(a). Cooperation with workers’ and employers’ organizations and other appropriate bodies. The Committee notes that section 16 of the Law on Employment and Social Protection in Case of Unemployment provides for the establishment of tripartite “agreement committees”, at the national or local level, which are charged with making concerted decisions in relation to the development and implementation of national and local programmes for the promotion of employment. The Committee also notes that in 2004, the Department for Ethnic Minorities and Religious Affairs was established with the mandate, among other things, to combat discrimination against persons belonging to minority groups (ECRI, Second Report on Armenia, CRI (2007)1, 30 June 2006, paragraph 40; COE, Advisory Committee, ACFC/OP/II(2006)005, 12 May 2006, paragraph 8). With regard to the promotion of equality between men and women, the Committee notes that the Department of Women’s, Family and Children’s Issues has been created within the Ministry of Labour and Social Issues and has been given the task of pursuing gender equality (CEDAW/C/ARM/4, paragraph 37). Furthermore, the Committee notes that in November 2004 a technical cooperation programme (2004–06) was launched under the auspices of the ILO with a view to fostering the inclusion of a gender dimension in collective bargaining and agreements (ibid., paragraph 176). The Committee requests the Government as follows:

(i)    to indicate to what extent the principle of equality of opportunity and treatment is reflected in the development and implementation of employment programmes by the tripartite agreement committees; and

(ii)   to provide information on any activities carried out by the Department for Ethnic Minorities and Religious Affairs and the Department of Women’s, Family and Children’s Issues which are relevant to promoting the acceptance and observance of the principle of the Convention.

Article 3(b).Measures to secure acceptance and observance of the principle of the Convention. The Committee notes from the Second Opinion on the country of the Council of Europe’s Advisory Committee that a specific law on the protection of national minorities is currently being drafted (ACFC/OP/II(2006)005, paragraph 9). The Committee also notes that the implementation of specific programmes aimed at sensitizing the public on gender-related issues are referred to in the Government’s report under the CEDAW. These programmes also encompass the establishment of a wide range of “gender courses” in various universities (CEDAW/C/ARM/4, paragraph 60 ff.). The Committee encourages the Government to consider inserting in the draft law on the protection of national minorities a specific provision giving expression to the principle of the Convention and requests it to keep the Office informed on any developments regarding the adoption of this Law. The Committee also requests the Government as follows:

(i)    to supply information on the implementation and impact of the educational programmes mentioned by the Government in the report submitted to the Committee on the Elimination of Discrimination Against Women; and

(ii)   to indicate whether similar programmes are being carried out beyond the sphere of gender equality with a view to promoting acceptance of the principle of equality of opportunity and treatment irrespective, in particular, of race, colour, national extraction or social origin.

Article 3(c). Legislative developments. The Committee notes from the Government’s report under the CEDAW, that a “gender analysis” of the legislation is being carried out (CEDAW/C/ARM/4, paragraph 60). The Government is invited to provide more information on this initiative and its outcome.

Article 3(d). Public sector. The Committee notes that section 11 of the Law on Civil Service establishes the right of every citizen to hold a civil service position regardless of his or her sex. Additionally, section 33 prohibits dismissal on the basis of pregnancy and section 29 recognizes the principle of equal remuneration for work of equal value (CEDAW/C/ARM/4, paragraph 112). The Committee requests the Government to supply information on the measures taken or envisaged to promote the understanding and application of the principle of equality of opportunity and treatment irrespective of all the grounds enumerated in Article 1(1)(a) of the Convention in the public sector. The Committee also encourages the Government to gather and submit statistical information on the employment of men and women belonging to minority groups in the public sector, disaggregated, when possible, by position and occupation. Please also provide information on any other relevant provisions prohibiting discrimination and enshrining the principle of equality of opportunity and treatment which may be included in the specific legislation governing employment in the public sector, and on their application.

Article 3(e). Vocational guidance and training. The Committee notes from the Government’s report that vocational guidance and training is provided by the State Employment Service and the Centre for Youth Vocational Guidance. The Committee requests the Government to provide information on any measures taken by these bodies to promote equality of opportunity and treatment through vocational guidance and in access to vocational training.

Article 5. Special measures. Workers with family responsibilities. The Committee notes that section 172 of the Labour Code provides for a pregnancy and maternity leave of 140 days, (155 days in case of complications, or 180 in case of multiple births), during which the woman will continue to receive her full salary. In case of adoption or guardianship of a newborn child, the Committee notes that the concerned employee will be granted leave for the period from the date of adoption or guardianship until the baby is 70 days old. Section 173 also confers on both parents, grandparents, stepmother or stepfather or any other relatives, the possibility of taking parental leave to look after a child of less than 3 years of age. Moreover, the Committee notes that section 176 grants the possibility of taking unpaid leave for a maximum of two months to the husband of a woman taking care of a child less than 1 year of age. Section 258 further recognizes the right of women to take breaks to breastfeed their children at least every three hours for at least 30 minutes. In order to accommodate the needs of workers with family responsibilities, section 141 of the Labour Code also provides for the possibility of establishing part-time work upon request of a pregnant woman or of an employee raising a child less than 1 year of age, as well as upon request of an employee nursing a sick member of his or her family (for a maximum period of six months and up to a reduction of 50 per cent of the regular working time). Section 141(3) expressly stipulates that the shift to part-time work shall not result in any limitations on the duration of the annual leave, the computation of the length of service, the granting of promotions and any other rights of the employee. Also, section 117 prohibits the dismissal of an employee taking care of a child less than 1 year of age. The Committee requests the Government to clarify whether workers taking parental leave continue to receive their full salary, what is the maximum duration of the leave and how the provision on parental leave in section 173 is coordinated with section 176 regulating unpaid leave. Please also provide information on the number of men and women requesting parental leave, or moving from full-time to part-time work.

Maternity protection. The Committee notes that under section 258 of the Labour Code pregnant women and women taking care of a child less than 1 year of age shall not be engaged in a job which may be dangerous or harmful. The Government’s report indicates that on 19 December 2005 a list of jobs deemed dangerous was adopted by Decision No. 2308-N. Additionally, the Committee notes that sections 144 and 148 provide for restrictions on women’s performance of, respectively, overtime and night work. Section 144 provides that pregnant women and women taking care of children less than 1 year of age may be assigned overtime work only with their consent. Section 148 applies the same condition to pregnant women and women taking care of children less than 3 years of age. Please provide a copy of Decision No. 2308-N.

Disabled persons. The Committee notes from the Government’s report that section 9(2) of the Law on special protection of the disabled provides for programmes aimed at the rehabilitation of disabled persons’ labour skills. The Committee requests the Government to provide information on the impact of this Law on the promotion of the principle of equality of opportunity and treatment in respect of disabled persons.

Parts III–V of the report form. The Committee notes that a Human Rights Ombudsperson was established under the Law on the Human Rights Defender (Ombudsperson), adopted on 21 October 2003. This body is entitled to receive complaints concerning human rights violations by public authorities, including discrimination. The Committee requests the Government as follows:

(i)    to indicate the authorities and institutions entrusted with the application of the relevant laws and regulations relating to the principle of the Convention;

(ii)   to supply information on any complaints received by the Ombudsperson concerning discrimination and the remedies provided, as well as on any other activities carried out by this body in relation to the fight against discrimination and the promotion of equality of opportunity and treatment in employment and occupation;

(iii) to gather and submit information on judicial and other decisions involving questions of principle relating to the application of the Convention;

(iv)  to supply information on the monitoring activities carried out by the labour inspectorate services with regard to the application of the principle of equality of opportunity and treatment in employment and occupation, including information on their findings and the sanctions imposed in case of detection of discriminatory practices; and

(v)   to provide statistical information on the distribution of men and women in the various sectors, positions and occupations, both in the private and public sectors, disaggregated, as far as possible, by race, colour and national extraction.