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.