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

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

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.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for prostitution, pornography or pornographic performances. The Committee previously noted that section 166 of the Criminal Code as amended in 2011 makes it an offence to involve a child in prostitution or in the production of pornography or pornographic materials. This offence is punishable by a fine of 200-fold of the minimum wage or with imprisonment of one to five years. The Committee requested the Government to indicate whether the prohibition on the involvement of a child in prostitution or pornography or pornographic performances covers all children under the age of 18 years.

The Committee notes the Government’s information in its report that a child is defined as any person under 18 years of age, according to the national legislation.

Clause (c). Use, procuring or offering a child for illicit activities, in particular for the production and trafficking of drugs. In its previous comments, the Committee noted that section 266 of the Criminal Code makes it an offence to manufacture, process, procure, keep, traffic or supply narcotic drugs. It observed, however, that section 165 of the Criminal Code which prohibits the involvement of a minor in the commission of a crime appeared to apply only to children below the age of criminal responsibility, which is 16 years for the offences listed in section 266. The Committee also noted the Government’s information that the number of minors involved in the illegal trade of drugs and psychotropic substances was five in 2012, seven in 2013 and six in the first six months of 2014.

The Committee notes the Government’s information that section 165 of the Criminal Code makes it an offence to involve a minor who has reached the age of criminal liability (16–18 years) in crimes by inducement, fraud or other means used by a person who has completed 18 years of age. Moreover, according to section 63(5) of the Criminal Code, involving a person who has not reached the age of criminal liability (i.e. 16 years) in crimes, is considered as a factor aggravating the liability or the punishment. The Committee requests the Government to provide information on the application of sections 165 and 63(5) of the Criminal Code, including the number of investigations, prosecutions, convictions and penalties imposed for the use, procuring or offering of all persons under the age of 18 years for illicit activities, especially the production and trafficking of drugs.

Article 6. Programmes of action. National Action Plan for Combating Human Trafficking and Exploitation. The Committee notes the Government’s information that the 2016–18 National Action Plan for Combating Human Trafficking and Exploitation and its time frame of implementation was adopted in July 2016. It particularly envisages to elaborate guidelines for the detection of the worst forms of child labour, as well as for the identification and referral of child victims of trafficking. The Committee requests the Government to provide information on the concrete measures undertaken within the framework of the 2016–18 National Action Plan for Combating Human Trafficking and Exploitation to combat the worst forms of child labour and child trafficking, as well as any results achieved in this regard.

Article 7(1). Penalties and application of the Convention in practice. The Committee previously noted the information provided by the Government on the criminal proceedings undertaken. According to this data: from 2010 to 2014, two criminal cases against six persons were examined under section 168 (sale and purchase of a child) of the Criminal Code and all of them were punished with imprisonment for up to two years and six months; and from 2012 to 2013, preliminary investigations were made regarding 25 criminal cases under section 132.2 (trafficking or exploitation of a child suffering from psychological disorder), section 166 (involving children in prostitution), and sections 168 and 263 (dissemination of pornographic items) of the Criminal Code, involving 26 minor victims.

The Committee notes the Government’s information that, regarding the application of the relevant criminal provisions, in 2014, one case of child labour exploitation was registered, involving one victim; in 2015, two cases were registered, involving three victims; no case was registered in 2016; while in 2017, three cases were registered, involving six victims. The Committee also notes that, in the report on her visit to Armenia of 2016, the Special Rapporteur on the sale of children, child prostitution and child pornography expressed her concern that, although the official statistics indicate that there are relatively few cases in this regard, the exact scope of the phenomenon of the sale and sexual exploitation of children is difficult to determine, given that concerned cases are not systematically reported, investigated and prosecuted. Sociocultural factors play an important role in under-reporting. Legislative gaps, the absence of child-friendly identification and reporting, and the lack of awareness and specialized training of prosecutors who deal with crimes of sale and sexual exploitation of children also considerably affect the effective prosecution of cases (A/HRC/31/58/Add.2, paragraphs 50 and 68). The Committee therefore requests the Government to take the necessary measures to ensure the effective implementation and enforcement of the provisions giving effect to the Convention, including the development of child-friendly reporting mechanisms and adequate training of prosecutors so that sufficiently effective and dissuasive penal sanctions can be applied. It also requests the Government to continue providing information on the application of the abovementioned provisions of the Criminal Code, including the number and nature of infringements reported, investigations, prosecutions, convictions and penalties imposed.

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 that the Government undertook various measures to improve the quality of education and to modernize education such as introducing “information systems” in schools. The Committee noted, however, the Government’s indication that the number of students attending public schools decreased by 33.3 per cent during the school year 2012–13, while the number of students who left school had increased from 758 to 1,070. The Committee also noted that according to the UNICEF estimates of 2012, the net attendance ratio at the primary level was 96.9 per cent for boys and 97.3 per cent for girls and the net enrolment rate at secondary level was 85 per cent for boys and 87.7 per cent for girls.

The Committee notes the Government’s indication that, as amended in 2015, the Law on Education provides for 12 years of compulsory education and increases the compulsory education age to 19. Students shall either complete general secondary education or intermediate professional education (section 18(7)). Moreover, secondary education in state educational institutions is free. This amendment entered into force in 2017. The Committee also notes the Government’s information that the Ministry of Education and Science is implementing a programme of detection of children left without compulsory education in the region of Lori since 2014, jointly with UNICEF. The programme aims at establishing a monitoring system to compile data on school drop-outs and to ensure the cooperation between educational and social services on school return. In 2017, the Ministry of Education and Science envisaged to elaborate a mechanism on detection and referral of children left out of school. The Committee further notes that, according to the UNESCO Institute for Statistics, in 2016, the net attendance rate was 93.6 per cent at the primary level and 91.57 per cent at the lower secondary level. The Committee requests the Government to provide information on the implementation of section 18(7) of the Law on Education, as amended in 2017, in practice, particularly regarding its influence on the prevention of the worst forms of child labour. It also requests the Government to provide information on any progress made on the establishment of the mechanism on detection and referral of children left out of school.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Child victims of trafficking. The Committee previously noted the Government’s information that the Ministry of Labour and Social Affairs (MLSA) funded a programme called “Social-Psychological Rehabilitation of the Victims of Trafficking”, which provided shelter, social, psychological, legal and medical assistance as well as access to secondary or vocational education for child victims of trafficking (from 2011 to 2013, ten minors were provided support and assistance in these shelters). The Committee also noted that a draft Law on Identification and Support of Persons Subjected to Trafficking or Exploitation had been developed, providing for a specific programme of protection and assistance to child victims of trafficking.

The Committee notes with interest the Government’s information that the Law on Identification and Support of Persons Subjected to Trafficking or Exploitation was adopted in December 2014 and followed with the elaboration and adoption of relevant sub-legislative acts. Government Decree No. 492-N of 5 May 2016 (which entered into force in January 2017) establishes an assistance package including a lump-sum financial compensation. Moreover, the Committee of Identification of the Victims of Trafficking and Exploitation was set up, consisting of representatives from the MLSA, the Police, the General Prosecutor, as well as three non-governmental organizations operating in the field. The Government also indicates that three child victims were identified in 2015–16, and that their rehabilitation and integration are still ongoing. The Committee requests the Government to provide information on the application of the Law on Identification and Support of Persons Subjected to Trafficking or Exploitation and relevant sub-legislative acts in practice, including the number of child victims of trafficking identified and provided with rehabilitation and reintegration services.

Clause (d). Identify and reach out to children at special risk. Street children. The Committee previously noted that, in November 2013, a working group was created comprising the representatives of the MLSA, Ministry of Health, Ministry of Education and Science, and the Child Foundation of the UN with the aim of preventing the phenomenon of begging and vagrancy in the country. It also noted that during the past years, the number of children involved in begging had decreased considerably.

The Committee notes the Government’s information that, regarding their involvement in vagrancy and begging, 19 minors were registered by the police in 2014, eight in 2015 and 19 in 2016. Moreover, criminal procedures were launched for three cases of exploitation of children in begging from 2014 to 2017. The Committee also notes that the Special Rapporteur on the sale of children, child prostitution and child pornography indicated in the report on her visit to Armenia of 2016 that, according to the police, the number of street children had decreased. The few cases that were recorded concerned children who left their home owing to conflicts in the family. In such cases, the police intervened to have the children quickly located and returned to their families (A/HRC/31/58/Add.2, paragraph 15).

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

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

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

The Committee notes that the information provided by the Government in its report relates to the inducement or engaging of minors in the use of drugs and psychotropic substances. The Government’s report also indicates that the number of minors involved in the illegal trade of drugs and psychotropic substances was five in 2012, seven in 2013 and six in the first six months of 2014. Recalling that Article 3(c) of the Convention prohibits the use, procuring or offering of all persons under the age of 18 years for the production and trafficking of drugs, the Committee once again requests the Government to provide information on the measures taken or envisaged to prohibit the use, procuring or offering of a child under 18 years for illegal activities, in particular the production and trafficking of drugs.

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

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

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. Following its previous comments, the Committee notes the information provided by the Government on the measures taken to improve the quality of education and to modernize education such as introducing “information systems” in schools. The Committee notes, however, the Government’s indication that the number of students attending public schools decreased by 33.3 per cent during the school year 2012–13, while the number of students who left school has increased from 758 to 1,070. The Committee notes that according to the UNICEF estimates of 2012, the net attendance ratio at the primary level was 96.9 per cent for boys and 97.3 per cent for girls and the net enrolment rate at secondary level was 85 per cent for boys and 87.7 per cent for girls. In this regard, the Committee notes that the Committee on the Rights of the Child (CRC) in its concluding observations of July 2013 expressed concern at the high number of drop-outs from schools after the primary education (CRC/C/ARM/CO/3-4, paragraph 45(c)). Recalling that free basic education contributes to preventing the engagement of children in the worst forms of child labour, the Committee requests the Government to take the necessary measures to ensure access to free basic education and to strengthen the functioning of the education system, including by taking measures to increase the school enrolment, attendance and completion rates, particularly at the secondary level. It requests the Government to provide information on the measures taken in this regard.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Child victims of trafficking. Following its previous comments, the Committee notes the Government’s information that the Ministry of Labour and Social Affairs (MLSA) is funding a programme called “Social-Psychological Rehabilitation of the Victims of Trafficking” which provides shelter, social, psychological, legal and medical assistance as well as access to secondary or vocational education for child victims of trafficking (from 2011–13, ten minors were provided support and assistance in these shelters). Moreover, the Committee notes from the Government’s report that a draft law “On identification and support of persons subjected to trafficking or exploitation” has been developed which provides for a specific programme of protection and assistance to child victims of trafficking. The Committee requests the Government to provide information on any progress made with regard to the adoption of the draft law on “Identification and support of persons subjected to trafficking or exploitation”. It also requests the Government to continue providing information on the number of child victims of trafficking under 18 years who have been provided with assistance and have been rehabilitated and reintegrated into education within the framework of the Social-Psychological Rehabilitation of the Victims of Trafficking programme.

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

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

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes the Government’s first report.

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. The Committee notes that, pursuant to section 132 of the Criminal Code, it is prohibited to recruit, transport, transfer, harbour, or receive persons for the purpose of sexual exploitation or forced labour, by means of the threat or use of force, fraud, blackmail, threat of destruction or damage to property, if this was done for mercenary purposes. Section 132(2)(3) indicates that the victim of this offence being under 18 is an aggravating circumstance. The Committee also notes that section 168 of the Criminal Code prohibits “child trafficking”. The Committee requests the Government to provide information on the practical application of section 132(2)(3) and section 168 of the Criminal Code.

2. Forced or compulsory labour. The Committee notes that article 32 of the Constitution prohibits compulsory employment. The Committee also notes that section 131 of the Criminal Code prohibits the recruitment, transportation, transfer, harbouring, or receipt of persons by means of the threat or use of force, of kidnapping, of fraud or other deception, of the abuse of power, of a position of vulnerability or by bribing a person having control over another person, for the purpose of, inter alia, forced labour, slavery or practices similar to slavery and servitude.

3. Compulsory recruitment of children for use in armed conflict. The Committee notes the Government’s statement in its report to the Committee on the Rights of the Child (CRC) of 17 July 2003 that section 11 of the Military Conscription Act, adopted on 16 September 1998, stipulates that males can be conscripted for compulsory military service from the age of 18 (CRC/C/93/Add.6, paragraph 51). The Committee requests the Government to provide a copy of the Military Conscription Act.

Clause (b). Use, procuring, or offering of a child for prostitution, pornography or pornographic performances. 1. Prostitution. The Committee notes that section 166 of the Criminal Code prohibits involving a person under 18 years of age in an anti-social activity (which, pursuant to section 166(1), includes prostitution). The Committee also notes that section 132.1 of the Criminal Code prohibits recruiting a person into prostitution or other sexual exploitation, through the use of violence, threats of violence, coercion, kidnapping, fraud, the use of the vulnerability of an individual’s position or the procurement of the consent of the person in charge of that individual, via payment or provision or derivation of gain. The Committee further notes the Government’s statement in its report to the Committee on the Elimination of Discrimination Against Women (CEDAW) of 28 December 2007 that section 261 (on inducement to prostitution for monetary purposes) and section 262 (on facilitating prostitution) of the Criminal Code state that if the conditions set forth in section 132.1 are absent (such as the use of violence or coercion), it is still an offence to induce or facilitate prostitution, and that it is an aggravating circumstance if the victim is 18 years of age (CEDAW/C/ARM/4 paragraph 88).

The Committee notes the information in a 14 June 2010 report on trafficking in persons in Armenia, available on the website of the Office of the High Commissioner of Refugees (www.unhcr.org)(Trafficking Report), that section 132.1 of the Criminal Code was amended in January 2010. The Committee requests the Government to provide an up to date copy of the Criminal Code.

2. Pornography. The Committee notes that section 263(2) of the Criminal Code prohibits forcing minors to get involved in the creation of software, video or film materials, pictures or other items of a pornographic nature. The Committee further notes that section 166 of the Criminal Code, on anti-social activities, includes a prohibition on involving a person under 18 years of age in the preparation and dissemination of pornography or pornographic materials.

Clause (c). Use, procuring or offering a child for illicit activities, in particular the production and trafficking of drugs. The Committee notes that, pursuant to section 166 of the Criminal Code, it is prohibited to involve a child in vagrancy or beggary. The Committee also notes the Government’s statement in its report that, pursuant to section 165 of the Criminal Code, it is prohibited to involve a minor in the commission of a crime using violence or the threat of violence. The Committee further notes that section 266 of the Criminal Code states that it is a crime to manufacture, process, procure, keep, traffic or supply narcotic drugs. However, the Committee observes that section 165 of the Criminal Code appears to apply only to children below the age of criminal liability (which, pursuant to section 24(1) of the Criminal Code, is 16 years of age for the offences listed in section 266) and does not provide protection to all children under 18. Therefore, recalling that Article 3(c) of the Convention prohibits the use, procuring or offering of all persons under the age of 18 years for the production and trafficking of drugs, the Committee requests the Government to provide information on the measures taken or envisaged to prohibit this worst form of child labour for all persons under 18.

Clause (d) and Article 4(1). Hazardous work and determination of hazardous work. The Committee notes that section 257 of the Labour Code prohibits employing persons under 18 years of age in hard works, work involving possible exposure to agents which are toxic, carcinogenic or dangerous to health, work involving the possible exposure to ionizing radiation or other hazardous and harmful agents, work involving a higher risk of accidents or occupational diseases, as well as work which a young person might not be able to perform safely due to a lack of experience or attention to safety. The Committee also notes the Government’s statement that the Governmental Decision No. 2308-N establishes a list of types of hazardous work prohibited to persons under 18. The Government indicates that this list specifies prohibited types of hazardous work, including exposure to chemical agents, physical factors, biological factors and industrial agents. The Government indicates that this list was discussed with the representatives of employers’ and workers’ groups.

Article 5. Monitoring Mechanisms. 1. National committee on child protection. The Committee notes the information in the Government’s report that a national committee on child protection was established through Governmental Decision No. 835 of October 2005. The Government indicates that this national committee performs functions related to preventing the involvement of children in the worst forms of child labour, as well as their withdrawal, rehabilitation and social re-integration. The Committee requests the Government to provide information on the role of the national committee on child protection with regards to the prevention and elimination of the worst forms of child labour.

2. Trafficking. The Committee notes the Government’s statement in its report to CEDAW of 28 December 2007, that in 2005, the Human Trafficking Bureau of the Republic of Armenia Police was established and that a border control information system to help prevent human trafficking was launched in Zvartnots International Airport in Yerevan (CEDAW/C/ARM/4, paragraphs 78 and 85). The Committee also notes the information in the Trafficking Report that in November 2008, the Government, in collaboration with the Organization for Security and Cooperation in Europe, implemented the National Referral Mechanism, which assists law enforcement agencies in identifying and punishing suspected traffickers. The Trafficking Report also indicates that approximately 447 government officials received anti-trafficking training from various groups. Lastly, the Committee notes the information from UNDP Armenia that it is implementing activities to enhance the capacity of the national law enforcement to combat trafficking. UNDP activities also include workshops on the application of the National Referral Mechanism, and efforts to improve mechanisms of regional cooperation. The Committee encourages the Government to pursue its efforts to strengthen the anti-trafficking capacity of law enforcement bodies, to combat the trafficking of persons under 18 years of age. It requests the Government to provide information on the measures taken in this regard, and on the results achieved.

Article 6. Programmes of action. National Plan of Action for the Protection of the Rights of the Child 2004–15. The Committee notes the information in the Government’s report that Governmental Decision No. 1745 (of 18 December 2003) approved the National Plan of Action for the Protection of the Rights of the Child 2004–15 (NPA 2004–15). The Committee notes that the NPA 2004–15 includes measures targeting child labour, in addition to providing support to vulnerable children (such as orphans, street children and children from rural areas). The Committee also notes that the NPA 2004–15 contains measures relating directly to the worst forms of child labour (such as the plan to develop programmes to combat child trafficking and sexual exploitation), and indirectly (such as measures to improve the education system through the training of teachers in rural areas). The Committee requests the Government to provide information on the impact of the measures taken within the framework of the NPA 2004–15 on combating the worst forms of child labour.

Article 7(1). Penalties. The Committee notes that the offences of trafficking, prostitution and pornography all carry heavier penalties if the offence is committed with a minor. Pursuant to section 132 of the Criminal Code, the trafficking of a minor (for the purpose of sexual exploitation or forced labour), is punishable with correctional labour for up to two years, or imprisonment from four to seven years. In addition, section 168 of the Criminal Code specifies that the offence of “child trafficking” is punishable by imprisonment of between three to seven years. Section 261 of the Criminal Code punishes involving a minor in prostitution with either a fine in the amount of 300 to 500 times the minimum salary, correctional labour for a term of up to two years, or imprisonment for a term of three to six years. Section 263 of the Criminal Code specifies that forcing minors to get involved in the production of items of a pornographic nature is punishable with a fine in the amount of 400 to 800 times the minimum salary or with imprisonment for a term of up to three years.

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 notes that article 39 of the Constitution provides for the right to education and for compulsory basic education. However, the Committee notes that the CRC, in its concluding observations of 25 February 2004, expressed concern that the budgetary allocations to the education sector remained low and that public under-financing had led to an increase in user payments, despite the guarantee for free primary and secondary schooling (CRC/C/15/Add.225, paragraph 54). The Committee also notes the statement in the NPA 2004–15 that many families do not have sufficient financial means to buy textbooks, school supplies, shoes and clothes for their children and that as a result, many children in Armenia do not have the opportunity to go to school. The NPA 2004–15 indicates that this is an increasing trend.

The Committee notes the information in the 2010 UNESCO report entitled “Education for All – Global Monitoring Report” that the net enrolment rate in primary education (children between the ages of 7–9) is 85 per cent. The Committee also notes the information in the UNICEF study entitled “School wastage study focusing on student absenteeism in Armenia” of 2008 that the rapidly increasing student absenteeism and dropout rates are closely linked to child labour and the quality of education in Armenia. In addition, the Committee notes the information in a report of 10 September 2009 on the worst forms of child labour in Armenia, available on the website of the Office of the High Commissioner for Refugees (www.unhcr.org) (WFCL Report) indicating that there is an increasing number of children dropping out of school to work in the informal sector, especially in agriculture. Recalling that free basic education contributes to preventing the engagement of children in the worst forms of child labour, the Committee expresses its concern at the existing financial barriers to accessible education, in addition to the significant number of out-of school-children. The Committee therefore requests the Government to take the necessary measures to ensure access to free basic education and to improve the functioning of the education system, to increase enrolment, attendance and completion rates and decrease the drop-out and absenteeism rates. It requests the Government to provide information on the concrete measures taken in this regard.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Child victims of trafficking. The Committee notes the information in the Government’s report to CEDAW of 28 December 2007, that through the UNDP’s Programme to Combat Trafficking in Human Beings in Armenia, trafficking victims are referred to two shelters, which offer psychological, medical and social rehabilitation (CEDAW/C/ARM/4, paragraphs 75 and 84). The Committee also notes the information in the Trafficking Report that the National Referral Mechanism acts as a system through which public officials can refer trafficking victims to assistance. The Trafficking Report further indicates that the 2009 national budget included more than 50,000 US Dollars to assist in the operation of an NGO-run shelter for trafficking victims. Nonetheless, the Committee notes that the CEDAW, in its concluding observations of 2 February 2009, expressed concern at the limited support and lack of shelters for victims of trafficking (CEDAW/C/ARM/CO/4/Rev.1, paragraph 24). The Committee therefore requests the Government to strengthen the support system for trafficking victims, to ensure that child victims of trafficking receive the necessary rehabilitation and social re-integration services. The Committee also requests the Government to provide information on the number of persons under 18 who have received assistance through the National Referral Mechanism.

Clause (d). Identify and reach out to children at special risk. Street children. The Committee notes the statement in the NPA 2004–15 that the prevention and reduction of the phenomenon of street children (beggars and vagrants) is of the utmost importance. The NPA 2004–15 indicates that a comprehensive approach is necessary to address this issue, but does not provide information on measures that will be taken in this regard. However, the Committee notes the information in the WFCL Report that the numbers of children begging on the streets is increasing. The Committee recalls that street children are at an increased vulnerability for becoming victims of the worst forms of child labour, and requests the Government to adopt a comprehensive approach to ensure that children under 18 years of age living and working on the streets are protected from these worst forms. It requests the Government to provide information on concrete measures taken in this regard within the framework of the NPA 2004–15.

Article 8. International cooperation and assistance. Poverty reduction. The Committee notes the Government’s statement that a second poverty reduction strategy paper entitled the “Sustainable Development Programme” was released in 2008 (following the first poverty reduction strategy paper which had been released in 2003). The Committee also notes the statement in the NPA 2004–15 that this poverty reduction programme stresses social assistance to children. The Committee further notes the statement in the Sustainable Development Programme, that the problems of children in difficult living situations will be high on the agenda of the Programme, and that efforts would be made towards strengthening the childcare and child protection system. Recalling that poverty reduction programmes contribute to breaking the poverty cycle, which is essential for the elimination of the worst forms of child labour, the Committee requests the Government to provide information on the impact of measures taken within the framework of the Sustainable Development Programme on the elimination of the worst forms of child labour.

Part V of the report form. Application of the Convention in practice. The Committee notes an absence of statistical information in the Government’s report on the application of the Convention in practice. In this regard, the Committee notes that that the CEDAW, in its concluding observations of 2 February 2009, expressed regret at the limited data on the trafficking of teenagers (and women) for sexual exploitation (CEDAW/C/ARM/CO/4/Rev.1, paragraph 24). In this respect, the Committee notes the information in the Trafficking Report that Armenia is a source and destination country for victims of trafficking. The Trafficking Report also indicates that Armenian boys are subjected to conditions of forced labour and Armenian women and girls are subjected to forced prostitution within the country. The Committee also notes the information in the WFCL Report indicating that minors are also trafficked internally for forced begging. In light of this information, the Committee expresses its concern at the lack of data available on the worst forms of child labour in Armenia, and urges the Government to take the necessary measures to ensure that sufficient data on the situation of child victims of these worst forms (particularly trafficking, forced labour and commercial sexual exploitation) is made available. In this regard, it requests the Government to provide information on the manner in which the Convention is applied in practice, such as statistical information on the nature, extent and trends of the worst forms of child labour, the number of children protected by the measures giving effect to the Convention, the number and nature of the infringements reported, investigations, prosecutions, convictions and penalties applied. To the extent possible, all information provided should be disaggregated by sex and age.