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

Convention (n° 111) concernant la discrimination (emploi et profession), 1958 - Arménie (Ratification: 1994)

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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).