Demande directe (CEACR) - adoptée 2023, publiée 112ème session CIT (2024)

Convention (n° 97) sur les travailleurs migrants (révisée), 1949 - Arménie (Ratification: 2006)

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Migration flows. The Committee takes note of the statistical information provided in the Government’s report, following the publication of the 2018–21 Population Survey. It notes that the main reasons given for migration are the lack of employment opportunities (32.9 per cent in 2019; 26.4 per cent in 2021), earning money for the household, and family reunification. According to the results of the Survey, the number of participants in the external migration processes decreased in 2018–21 to 2,007 Armenian citizens. This decrease is mainly due to the pandemic restrictions caused by COVID-19 and the post-war realities. Despite a significant decrease, labour migration to other countries remains the most significant part of migration processes in Armenia. According to the Government, the Russian Federation continues to be one of the main countries of destination. The Committee notes that, since 2018, Caritas Armenia has been implementing the project “Increased resilience of Syrian Armenians and host population” supported by the European Union Regional Trust Fund in the framework of the United Nations Global Compact for Safe, Orderly and Regular Migration. A significant component of the project is to support Syrian repatriates, locals, refugees and asylum seekers in business creation (Armenia Voluntary Review Report, page 10). The Committee requests the Government to provide statistical information, disaggregated by sex and nationality where available, on: (i) the employment of migrant workers in the various economic sectors; (ii) the number of permanent Armenian emigrants; and (iii) the number of returning nationals who lived outside the country.

Article 1 of the Convention. Information on national policies, laws and regulations. The Committee notes the adoption of the Strategy for Migration Policy for 2017-2021 (hereinafter, “the Strategy”), its Action Plan (Decision No.801-L of May 2021), as well as the 2020 National Concept for State Management of migration in the Republic of Armenia (hereinafter “the Concept”). The Concept covers groups of foreigners, returnees, repatriates, internally displaced persons, asylum seekers, refugees, forcibly displaced persons and emigrants. It comprises nine strategic goals, in particular: (1) improving the border management system; (2) preventing irregular migration originating from Armenia and improving its legal regulation framework; and (3) improving the protection of rights and interests of different groups of migrants as well as the entry, the residency and exit of foreigners. Four programs were created in the framework of the Concept: (1) settlement and reintegration issues; (2) management of migration flows; (3) crisis management of the mass influx of forced migrants; and (4) promotion of repatriation. The Committee asks the Government to provide information on the results achieved, particularly in terms of preventing irregular migration and improving the Armenian legal framework, following the implementation of the successive Strategies for Migration Policy and the strategic goals adopted by the National Concept for State Management of migration.

Article 1(c). General agreements and special arrangements. The Committee notes that, an agreement on the regulation of labour migration between the Republic of Armenia and the Republic of Bulgaria was signed in 2018. This agreement concerns workers who have signed an employment contract and have the right to work without a work permit, provided they hold a permit for residence in the territory of the receiving side. The agreement also defines provisions related to the regulation of the entry, stay and employment of the citizens of both countries as well as of their accompanying family members; employment mediation; working conditions; social rights and return of migrant workers. Moreover, within the framework of the Eurasian Economic Union (EEU), the united search platform “Employment Without Borders” was introduced, which is considered a part of the digital ecosystem for hiring and employing citizens of the EEU member states. Furthermore, following the agreement between Armenia and the Russian Federation on labour and social protection, the related working group met in 2021 to discuss changes in the migration legislation in the Russian Federation and exchange statistical data in the field of labour migration. The Committee asks the Government to continue to provide information on the implementation of bilateral or multilateral agreements and special arrangements on migration for employment.

Articles 2, 4 and 7. Adequate, free services and assistance to migrant workers, and measures to facilitate the migration process. The Government indicates that, since April 2021, the activities of the State Employment Agency of the Ministry of Labour and Social Affairs have been suspended, and its functions have been carried out by the Unified Social Service of the Ministry. The territorial centres of the Unified Social Service continue to provide free-of-charge information to migrant workers, both upon departure and arrival, for example on the legislation of the main countries receiving migrant workers from Armenia, the rights of migrant workers and the rights of their family members, labour trafficking, and consultations for returnees. The Government also states that Migration Resource Centres have continued to provide support and advice to migrant workers about employment opportunities and helped returning migrants to integrate into the labour market. The Committee requests the Government to provide information on the activities of Migration Resource Centres and the Unified Social Service of the Ministry of Labour and Social Affairs to facilitate the migration or reintegration process.

Article 3. Steps against misleading propaganda. The Committee notes the Government’s statement that the Migration Service of the Ministry of Territorial Administration and Infrastructures carried out several activities aimed at increasing public awareness of labour migration, such as for example: videoclips, press conferences, distribution of printed materials, cooperation with regional media outlets, a five-part original program distributed on social networks, regional training activities for the staff of Migration Resource Centres, information campaigns about the amendments to the Russian Federation migration legislation of 2020, and the implementation of the program “Prevention of irregular migration from the Republic of Armenia to the Federal Republic of Germany aiming to raise awareness of potential migrants”. The Committee recalls that migrants, more than many other groups, are often victims of prejudice regarding their suitability for certain types of jobs and discrimination in regard to their working and living conditions, exacerbated in times of economic recession. It thus stresses the importance of also targeting the national population when taking measures against misleading propaganda relating to immigration. The Committee asks the Government to provide information on: (i) the impact of the measures taken to address false and misleading information to migrants (for example in terms of preventing irregular migration and the unlawful employment of migrant workers by unscrupulous individual employers or recruitment agencies); and (ii) any campaigns addressing xenophobia, prejudices and stereotyping of migrant workers targeting the national population.

Article 5. Entry requirements and medical examination. The Committee notes the Government’s indication that, according to the 2006 Law on Foreigners (article 8(1)(d)) and Decision No. 49-N of January 2008 “On approving the list of infectious diseases prohibiting the entry of foreign citizens or persons with no citizenship into the Republic of Armenia”, HIV is not included in the list of diseases creating obstacles for granting entry or residence status in the country to foreign citizens or persons with no citizenship. It also indicates that it is therefore not a restriction for granting an entry or residence status. The Committee draws the Government’s attention to the fact that, while medical testing and the prohibition of entry of persons on the ground that they may constitute a grave risk to public health is likely to be a routine and a responsible precaution prior to permitting entry of non-nationals, the exclusion of individuals on certain medical or personal grounds which do not pose a danger to public health or a burden to public funds may be dated due to scientific developments or changing social attitudes, and some constitute unacceptable discrimination (see 1999 General Survey on migrant workers, paragraphs 262 and 263). Moreover, the Committee recalls that refusal of entry or repatriation on the grounds that the worker concerned is suffering from an infection or illness of any kind which has no effect on the task for which the worker has been recruited, constitutes an unacceptable form of discrimination (1999 General Survey, paragraph 266). The Committee asks the Government to provide information on the number of migrant workers who have been refused entry in Armenia based on the Law on Foreigners (article 8(1)(d)) and Decision No. 49-N of January 2008.

Article 6. Equality of treatment. In the absence of information on the measures taken by the Government to ensure a treatment no less favourable than that which it applies to its own nationals in respect of the matters enumerated in Article 6(1)(a)–(d) of the Convention,theCommittee reiterates its request to the Government to provide information on the practical application of these provisions to both permanent and temporary migrant workers.

Article 8. Maintenance of residence in the event of incapacity for work.The Committee once again requests the Government to clarify whether migrant workers who are legally resident in the country and hold permanent residence permits, but who have become dependent on public funds due to incapacity resulting from occupational illness or injury, risk the cancellation or non-renewal of their permanent residence permits if they can no longer earn an income.

Enforcement. The Committee notes the Government’s indication that: (1) following Ministerial Decision N 718-L of 23 July 2021, the Health and Labour Inspection Body was established (hereinafter, “Inspection Body”); (2) no cases of discrimination against foreign citizens and persons without citizenship have been identified during the administrative proceedings initiated and inspections carried out by the Inspection Body. The Committee asks the Government to provide information on: (i) the measures taken or envisaged to strengthen the Inspection Body in order to ensure that legislative provisions and regulations are adequately enforced, especially in sectors where migrant workers are mostly represented; (ii) the number and nature of cases of unequal treatment dealt with by the labour inspectorate and the courts, or any other competent authority concerning terms and conditions of work of migrant workers, in particular regarding remuneration, social security, and accommodation as referred to in Article 6 of the Convention, and the amounts and nature of wages or other benefits received by migrant workers as a result of these cases.

Annex I, Article 5, and Annex II, Article 6. Supervision of contracts of employment. The Committee once again requests the Government to indicate: (i) whether contracts of employment for Armenian nationals seeking employment abroad are subject to a system of supervision; and (ii) if this is the case, the body competent with respect to the enforcement of such a system.