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

Convention (n° 143) sur les travailleurs migrants (dispositions complémentaires), 1975 - Arménie (Ratification: 2006)

Autre commentaire sur C143

Demande directe

2023
2013
2011

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Article 1 of the Convention. Basic human rights. The Committee notes that, in its report, the Government reiterates the information provided in its previous report, i.e., that the main objectives of its migration policy are to prevent irregular migration through awareness raising activities and to protect the rights and interests of its citizens migrating abroad in search of employment. It also notes that the Government states that a number of measures adopted in this regard also cover refugees and trafficking in persons. The Committee takes note of these statements but observes that the Government does not provide information on the measures taken to ensure that all migrant workers, even in an irregular situation, enjoy basic human rights, as requested by the Convention. In that respect, the Committee wishes to recall that the intention of Article 1 of the Convention is to affirm, without challenging the right of States to regulate migration flows, the right of migrant workers to have their basic human rights protected, whether they are in a regular situation, or with or without documents. The Committee therefore asks the Government to provide information on the measures taken to ensure that, in practice, migrant workers in irregular situations are effectively able to exercise their basic human rights and, consequently, have access to complete information about their labour rights, the means of redress available, in a language understandable to them, as well as to legal assistance. The Committee further asks the Government to provide information on any awareness-raising activities.

Articles 2 to 5. Measures to detect, prevent and suppress irregular migration and illegal employment of migrants. The Committee refers the Government to its comments under the Migration for Employment Convention (Revised), 1949 (No. 97) regarding the adoption of the 2020 National Concept for State Management of migration in the Republic of Armenia (hereinafter, “the Concept”), as well as the Strategy for Migration Policy for 2017-2021 (hereinafter, “the Strategy”) and its Action Plan (Decision No. 801-L of May 2021). Regarding readmission agreements, the Committee notes that a Readmission Management Electronic System (RMES) has been operational since February 2019. It enables the electronic process of receiving readmission requests or applications and facilitates the discussion of claims received within the framework of the Armenian-EU Readmission Agreement (RA). One of the purposes of the country is the action against irregular migration. Currently, readmission requests are being received through the RMES by representatives of the relevant migration authorities of 13 EU member states. According to the Government, between January–June 2022, a total of 267 readmission requests were received for a total of 446 persons, 347 of which (or 78 per cent) are Armenian citizens. Similar readmission agreements have also been signed with the Russian Federation and Belarus. On the issue of human trafficking, the Government indicates that its action against this phenomenon has increased with the involvement of criminal investigation experienced officers in the activities carried out for interception, prevention, detection and disclosure of these crimes. Investigations and meetings are conducted with both registered and possibly unregistered workers and beggars, as well as with workers who are planning to emigrate in search of employment. The Committee takes note of the criminal cases examined by the Investigative Committee on the exploitation of people under section 132 (organizing the illegal employment of migrants) of the Criminal Code, for instance: in 2021, 16 criminal cases were examined, 7 of which were related to labour and 9 to sexual exploitation. The Committee refers the Government to its comments adopted in 2021 under the Forced Labour Convention, 1930 (No. 29) on the issue of human trafficking. The Committee asks the Government to provide information on the impact of the measures taken to implement the National Concept for State Management of migration, the Strategy for Migration Policy for 2017–21 and its Action Plan on the detection,prevention and suppression of the irregular migration from and to Armenia and the illegal employment of migrants; as well as on how employers’ and workers’ organizations are consulted and sensitized to the issue. It also request the Government to provide statistical data, disaggregated by sex and nationality, and other information about irregular immigration and migrants illegal employment in Armenia.

Article 6. Effective detection of illegal employment of migrant workers and sanctions. The Committee recalls 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. In response to the Committee’s request for information on the practical application of section 132 of the Criminal Code, the Government has informed of three cases where criminal charges were initiated regarding persons engaging other persons in prostitution or other forms of sexual exploitation, forced labour or services, or slavery or practices similar to slavery. The Committee observes that the Government does not indicate if the victims were migrant workers or citizens of the country. The Committee asks the Government to provide information on the application of section 132 of the Criminal Code to persons involved in the organization of irregular migration or illegally employing migrant workers, including on the offences found, the sanctions imposed and the remedies granted.

Article 7. Consultation with the social partners. The Committee notes that a tripartite Collective Agreement was signed in 2020 between the Government, the Confederation of Trade Unions of Armenia and the Republican Union of Employers of Armenia. The collective agreement formally states that it aims, among others, to support the protection of the interests of migrants, refugees, and repatriated workers. The Committee asks the Government to provide information on the measures taken after consultation with the social partners to detect, eliminate and prevent migration in abusive conditions and the illegal employment of migrant workers.

Article 8(1) and (2). Legal status in the case of loss of employment. Right to alternative employment. The Committee recalls that: (1) according to section 28(1)(b) of the Law on Foreigners, a work permit shall be suspended if the term of the employment contract has expired, or the contract has been rescinded; and (2) according to section 27(2), the migrant worker can sign an employment contract with another employer for the remaining period, under certain conditions. It notes that the Government does not respond to the Committee’s requests on the legal status of foreigners in case of a premature loss of employment, including: (1) whether the migrant’s residence permit can be revoked automatically; and (2) whether they can look for an alternative employment in cases other than those provided in section 27(2) (cessation of activity of the employer). The Committee once again requests the Government to confirm that the permission to reside in the country cannot be automatically revoked if migrants with temporary residency status lose their job prematurely, including in cases other than those provided in section 27(2) of the Law on Foreigners (cessation of activities of the employer).

Article 9. Rights arising out of past employment. Access to justice. Cost of expulsion. The Committee notes that no information is provided on the application in practice of Article 9(1) (remuneration, social security, and other benefits), 9(2) (access to justice), and 9(3) (cost of expulsion) of the Convention. In this regard, it wishes to point out that Article 9 of the Convention aims to ensure that all migrant workers in an irregular situation or engaged in unlawful employment should not be deprived of their rights for the work they have performed, and which has been linked to social security, nor should they be denied any outstanding remuneration and benefits due. The Committee therefore requests the Government to indicate whethermigrant workers who are in an irregular situation, for reasons which can or cannot be attributed to them, and whose situation cannot be regularized: (i) enjoy the benefits of the rights arising out of past employment as concerns remuneration, social security and other benefits; (ii) have the possibility to present their case to a competent body; and (iii) do not have to bear the costs of expulsion. It further asks the Government to provide information on any case brought before the courts and to indicate whether the migrant worker is permitted to remain in the country for the duration of the case.

Articles 10 and 12. National policy on equality. The Committee notes the information provided by Government on the national legal framework regarding equality and non-discrimination. It also notes its efforts to ensure access to education, in particular to vulnerable groups such as national minorities and refugees. The Committee recalls that, pursuant to Article 10 of the Convention, ratifying member States undertake “to declare and pursue a national policy designed to promote and guarantee, by methods appropriate to national conditions and practice, equality of opportunity and treatment for migrant workers in respect of employment and occupation, of social security, of trade union and cultural rights and of individual and collective freedoms for persons who as migrant workers or as members of their families are lawfully within its territory”. Consequently, active and effective steps should be taken to implement the national equality policy as suggested by Article 12 of Convention, which sets out a range of measures aimed at the effective promotion of the national equality policy. These measures may be implemented progressively and continuously adapted to respond to changing national circumstances. In addition, the Committee wishes to point out that the existence of anti-discrimination or equality legislation, although important, is not sufficient to ensure equality of opportunity and treatment in practice. Proactive measures are required to effectively respond to the complex realities and de facto inequalities of treatment against migrant workers, to secure the acceptance and observance of the principle of non-discrimination by society generally, and to assist migrant workers to make use of the equal opportunities offered to them (2016 General Survey, “Promoting Fair Migration”, paragraphs 342 and 624). The Committee asks the Government to provide information on: (i) measures taken or envisaged to promote the objective of equality of opportunity and treatment between nationals and migrant workers, including of foreign nationals lawfully residing in the country; and (ii) programmes and measures formulated to assist migrant workers and their families.

Article 14. Free choice of employment. The Committee notes the Government’s reference to section 13 of the Public Service Law which provides that only citizens of the Republic of Armenia have the right to hold a public service position. In this regard, it recalls that general prohibitions as regards the access of foreigners to certain occupations, irrespective of the duration for which the migrant worker has lawfully resided there, is contrary to the principle of equal treatment unless they apply to limited categories of employment and functions and which are necessary in the interest of the State. The Government also indicates that, according to clauses (a) and (b) part 1 of Article 23 of the Law on Foreigners, all migrant workers legally residing in the Republic of Armenia with a status of residence are exempt from the requirement to obtain a work permit or any other additional authorization document. The Committee asks again the Government to indicate the maximum period during which the migrant workers residing lawfully in the country do not have free choice of employment and the specific restrictions imposed by national legislation during this period.

Enforcement and practical application. The Government indicates that in 2021–22, the Inspection Body has recorded 8 cases of employment of foreigners and persons with no citizenship by local employers without a work permit and residence status, in 5 of these cases the employers had not even signed a contract. Furthermore, in 2021, in application of the Law on Foreigners, the Passport and Visa Department of the Police initiated deportation proceedings of 98 foreigners, 55 of those cases went to court, and 9 were deported. The Committee takes due note of the statistical information provided by the Government regarding the number of migrant workers who were employed in the country in 2021 (6,000 persons, 4,500 men and 1,500 women) and the number of Armenian citizens who went abroad (52,600 persons). The Committee requests the Government to continue to provideinformation on the activities carried out by the competent authorities to give effect to the provisions of the Convention.Please also provide statistical data disaggregated by sex and nationality on migration flows from and to Armenia.