Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Armenia (Ratification: 1994)

Article 1 of the Convention. Legislation. In its previous comments, the Committee asked the Government to take steps to adopt legislative provisions setting out a clear and comprehensive definition and prohibition of direct and indirect discrimination covering all aspects of employment and occupation, including recruitment, and based on at least all the grounds enumerated in Article 1(1)(a) of the Convention. The Committee notes that the Government refers again in its report to the prohibition of discrimination under the Constitution (section 14(1)), which does not include a prohibition based on “national extraction”, and to section 3(3) of the Labour Code that sets out the principle of legal equality of parties to labour relations, omitting the grounds of “national extraction”, “colour”, “social origin” and “political opinion”. Noting the absence of a clearly legislative framework protecting all workers on all grounds covered by the Convention, the Committee once again asks the Government to take steps to adopt legislative provisions setting out a clear and comprehensive definition and prohibition of direct and indirect discrimination covering all aspects of employment and occupation, including recruitment, and based on at least all the grounds enumerated in Article 1(1)(a) of the Convention. It also asks the Government to indicate how workers are protected against discrimination in practice on the basis of the grounds of “national extraction”, “colour”, “social origin” and “political opinion”.

Sexual harassment. The Committee recalls its previous comments requesting the Government to include provisions in the Labour Code defining and explicitly prohibiting both quid pro quo and hostile environment sexual harassment, and providing an accessible enforcement mechanism and appropriate remedies. The Committee notes with regret that instead of adopting provisions in this regard, section 221(2)(4) of the Labour Code, which established the application of disciplinary sanctions in case of sexual harassment, was repealed. Noting that there is no longer protection of workers against sexual harassment in employment, the Committee asks the Government to take measures to amend the Labour Code or to adopt separate legislation with the aim of defining, prohibiting and penalizing sexual harassment in both its forms, quid pro quo and hostile environment. The Committee also requests the Government to take practical measures, in collaboration with workers’ and employers’ organizations, to prevent sexual harassment in employment and occupation, and to provide detailed information on the measures taken in this regard.

Discrimination against ethnic minorities. The Committee notes that the Government refers to legislative provisions prohibiting discrimination on the basis of “belonging to national minority”, “race”, “colour” and “origin” (section 14(1) of the Constitution and section 3(3)(1) of the Labour Code). The Committee further notes the statistical information provided by the Government regarding the participation of ethnic minorities in the different sectors in 2011, according to which Yazidis’, Assyrians’ and Kurds’ participation in the labour markets is mainly limited to the agricultural, forestry and fishing sector. The Committee recalls that legislative measures to give effect to the principles of the Convention are important, but not sufficient to achieve its objective. Effectively responding to the complex realities and variety of ways in which discrimination occurs requires the adoption of differentiated measures. Proactive measures are required to address the underlying causes of discrimination between different groups in the labour market (see 2012 General Survey on the fundamental Conventions, paragraph 856). The Committee requests the Government to provide information on the measures taken or envisaged to improve the access of ethnic minorities to a wider range of job opportunities at all levels, including sectors in which they are currently absent or under-represented, with a view to ensuring equality to all workers in employment and occupation. The Committee requests the Government to also provide 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, with a view to addressing discrimination based on race, colour and national extraction, and assessing the results of measures taken.

Article 2. Promotion of equality of opportunity and treatment in employment and occupation. Noting that the Government does not 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, the Committee once again asks the Government to provide information in this regard.

Equality of opportunity and treatment between men and women. In relation with the measures adopted in the framework of the 2011–15 Gender Policy Strategy, the Committee notes with interest the adoption of Law No. HO-57-N of 20 May 2013 on Guaranteeing Equal Rights and Opportunities for Women and Men, which establishes the guarantees of ensuring equal rights and equal opportunities for men and women in political, social, economic, cultural and other fields of public life, and provides for the implementation of the state’s policy in gender equality. The Government further indicates the implementation of awareness-raising activities on the equal participation of men and women in the labour market, of projects with a view to promote entrepreneurship and economic initiatives for women by the Foundation of the National Centre of Small and Medium Entrepreneurship Development (“Support to start-up businesses”, “Business Information and Consultation for Small and Medium Entrepreneurship Subjects”, “training support to Small and Medium Entrepreneurship subjects”, and “Support to Women Entrepreneurship”), and of projects to raise the level of women’s employment in rural communities (“Management and Competitiveness of Community Agricultural Resources”). Welcoming the efforts of the Government to promote gender equality, the Committee asks the Government to continue to provide information on the policies and measures adopted for the promotion of gender equality in employment and occupation, including specific information on 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. The Committee further requests the Government to provide detailed statistical information on the situation of men and women in the labour market, including their participation in the various sectors and occupations.

Article 5. Special measures. In its previous comments, the Committee asked the Government to review the list of jobs that are deemed to be dangerous or harmful, with a view to restricting 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 notes the Government’s indication that amendments of section 258 of the Code are in the phase of discussions with interested parties, including social partners. The Committee hopes that the list of jobs that are deemed to be dangerous or harmful would be reviewed, with the aim of restricting prohibitions to those necessary to protect maternity so as not to constitute obstacles to the recruitment and employment of women. The Committee asks the Government to provide information on any measures taken in this respect.

Enforcement. In its previous comments, the Committee asked the Government to provide information on the power of labour inspectors and of the Human Rights Ombudsperson with respect to discrimination at all stages of employment and occupation, including recruitment, and any cases reviewed in this regard by the competent authorities. The Committee notes that, following the adoption of the Government Decree No. 572-N of 4 June 2015, to amend the Government Decree No. 857-N of 25 July 2013, 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. The Committee also notes from the Government’s report that labour inspectors are no longer competent for enforcing provisions related to labour discrimination. In this regard, the Committee underscores the importance of establishing accessible and effective complaint mechanisms, procedures and remedies for victims of discrimination. However, the Government indicates that some cases regarding discrimination in employment and occupation were received by the Human Rights Ombudsperson, but that discrimination was not confirmed. The Committee further notes that the Government indicates, based on information of human rights organizations, that existing discrimination in the labour market on the ground of sex, age, disability and physical appearance leads to unemployment. The Committee asks the Government to indicate how the provisions of the Labour Code in relation to employment discrimination, including in recruitment, are being enforced. The Committee encourages the Government to carry out an analysis of discrimination in the labour market, and asks it to provide information in this regard. It also asks the Government to provide specific information regarding compliance, including information on relevant legislation, as well as any violations detected by the Human Rights Ombudsperson, as well as any court or administrative decisions relating to the principle of the Convention including any remedies provided and sanctions imposed.