Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Worst Forms of Child Labour Convention, 1999 (No. 182) - Armenia (Ratification: 2006)

Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for prostitution, pornography or pornographic performances. The Committee previously noted that section 166 of the Criminal Code as amended in 2011 makes it an offence to involve a child in prostitution or in the production of pornography or pornographic materials. This offence is punishable by a fine of 200-fold of the minimum wage or with imprisonment of one to five years. The Committee requested the Government to indicate whether the prohibition on the involvement of a child in prostitution or pornography or pornographic performances covers all children under the age of 18 years.

The Committee notes the Government’s information in its report that a child is defined as any person under 18 years of age, according to the national legislation.

Clause (c). Use, procuring or offering a child for illicit activities, in particular for the production and trafficking of drugs. In its previous comments, the Committee noted that section 266 of the Criminal Code makes it an offence to manufacture, process, procure, keep, traffic or supply narcotic drugs. It observed, however, that section 165 of the Criminal Code which prohibits the involvement of a minor in the commission of a crime appeared to apply only to children below the age of criminal responsibility, which is 16 years for the offences listed in section 266. The Committee also noted the Government’s information that the number of minors involved in the illegal trade of drugs and psychotropic substances was five in 2012, seven in 2013 and six in the first six months of 2014.

The Committee notes the Government’s information that section 165 of the Criminal Code makes it an offence to involve a minor who has reached the age of criminal liability (16–18 years) in crimes by inducement, fraud or other means used by a person who has completed 18 years of age. Moreover, according to section 63(5) of the Criminal Code, involving a person who has not reached the age of criminal liability (i.e. 16 years) in crimes, is considered as a factor aggravating the liability or the punishment. The Committee requests the Government to provide information on the application of sections 165 and 63(5) of the Criminal Code, including the number of investigations, prosecutions, convictions and penalties imposed for the use, procuring or offering of all persons under the age of 18 years for illicit activities, especially the production and trafficking of drugs.

Article 6. Programmes of action. National Action Plan for Combating Human Trafficking and Exploitation. The Committee notes the Government’s information that the 2016–18 National Action Plan for Combating Human Trafficking and Exploitation and its time frame of implementation was adopted in July 2016. It particularly envisages to elaborate guidelines for the detection of the worst forms of child labour, as well as for the identification and referral of child victims of trafficking. The Committee requests the Government to provide information on the concrete measures undertaken within the framework of the 2016–18 National Action Plan for Combating Human Trafficking and Exploitation to combat the worst forms of child labour and child trafficking, as well as any results achieved in this regard.

Article 7(1). Penalties and application of the Convention in practice. The Committee previously noted the information provided by the Government on the criminal proceedings undertaken. According to this data: from 2010 to 2014, two criminal cases against six persons were examined under section 168 (sale and purchase of a child) of the Criminal Code and all of them were punished with imprisonment for up to two years and six months; and from 2012 to 2013, preliminary investigations were made regarding 25 criminal cases under section 132.2 (trafficking or exploitation of a child suffering from psychological disorder), section 166 (involving children in prostitution), and sections 168 and 263 (dissemination of pornographic items) of the Criminal Code, involving 26 minor victims.

The Committee notes the Government’s information that, regarding the application of the relevant criminal provisions, in 2014, one case of child labour exploitation was registered, involving one victim; in 2015, two cases were registered, involving three victims; no case was registered in 2016; while in 2017, three cases were registered, involving six victims. The Committee also notes that, in the report on her visit to Armenia of 2016, the Special Rapporteur on the sale of children, child prostitution and child pornography expressed her concern that, although the official statistics indicate that there are relatively few cases in this regard, the exact scope of the phenomenon of the sale and sexual exploitation of children is difficult to determine, given that concerned cases are not systematically reported, investigated and prosecuted. Sociocultural factors play an important role in under-reporting. Legislative gaps, the absence of child-friendly identification and reporting, and the lack of awareness and specialized training of prosecutors who deal with crimes of sale and sexual exploitation of children also considerably affect the effective prosecution of cases (A/HRC/31/58/Add.2, paragraphs 50 and 68). The Committee therefore requests the Government to take the necessary measures to ensure the effective implementation and enforcement of the provisions giving effect to the Convention, including the development of child-friendly reporting mechanisms and adequate training of prosecutors so that sufficiently effective and dissuasive penal sanctions can be applied. It also requests the Government to continue providing information on the application of the abovementioned provisions of the Criminal Code, including the number and nature of infringements reported, investigations, prosecutions, convictions and penalties imposed.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee previously noted that the Government undertook various measures to improve the quality of education and to modernize education such as introducing “information systems” in schools. The Committee noted, however, the Government’s indication that the number of students attending public schools decreased by 33.3 per cent during the school year 2012–13, while the number of students who left school had increased from 758 to 1,070. The Committee also noted that according to the UNICEF estimates of 2012, the net attendance ratio at the primary level was 96.9 per cent for boys and 97.3 per cent for girls and the net enrolment rate at secondary level was 85 per cent for boys and 87.7 per cent for girls.

The Committee notes the Government’s indication that, as amended in 2015, the Law on Education provides for 12 years of compulsory education and increases the compulsory education age to 19. Students shall either complete general secondary education or intermediate professional education (section 18(7)). Moreover, secondary education in state educational institutions is free. This amendment entered into force in 2017. The Committee also notes the Government’s information that the Ministry of Education and Science is implementing a programme of detection of children left without compulsory education in the region of Lori since 2014, jointly with UNICEF. The programme aims at establishing a monitoring system to compile data on school drop-outs and to ensure the cooperation between educational and social services on school return. In 2017, the Ministry of Education and Science envisaged to elaborate a mechanism on detection and referral of children left out of school. The Committee further notes that, according to the UNESCO Institute for Statistics, in 2016, the net attendance rate was 93.6 per cent at the primary level and 91.57 per cent at the lower secondary level. The Committee requests the Government to provide information on the implementation of section 18(7) of the Law on Education, as amended in 2017, in practice, particularly regarding its influence on the prevention of the worst forms of child labour. It also requests the Government to provide information on any progress made on the establishment of the mechanism on detection and referral of children left out of school.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Child victims of trafficking. The Committee previously noted the Government’s information that the Ministry of Labour and Social Affairs (MLSA) funded a programme called “Social-Psychological Rehabilitation of the Victims of Trafficking”, which provided shelter, social, psychological, legal and medical assistance as well as access to secondary or vocational education for child victims of trafficking (from 2011 to 2013, ten minors were provided support and assistance in these shelters). The Committee also noted that a draft Law on Identification and Support of Persons Subjected to Trafficking or Exploitation had been developed, providing for a specific programme of protection and assistance to child victims of trafficking.

The Committee notes with interest the Government’s information that the Law on Identification and Support of Persons Subjected to Trafficking or Exploitation was adopted in December 2014 and followed with the elaboration and adoption of relevant sub-legislative acts. Government Decree No. 492-N of 5 May 2016 (which entered into force in January 2017) establishes an assistance package including a lump-sum financial compensation. Moreover, the Committee of Identification of the Victims of Trafficking and Exploitation was set up, consisting of representatives from the MLSA, the Police, the General Prosecutor, as well as three non-governmental organizations operating in the field. The Government also indicates that three child victims were identified in 2015–16, and that their rehabilitation and integration are still ongoing. The Committee requests the Government to provide information on the application of the Law on Identification and Support of Persons Subjected to Trafficking or Exploitation and relevant sub-legislative acts in practice, including the number of child victims of trafficking identified and provided with rehabilitation and reintegration services.

Clause (d). Identify and reach out to children at special risk. Street children. The Committee previously noted that, in November 2013, a working group was created comprising the representatives of the MLSA, Ministry of Health, Ministry of Education and Science, and the Child Foundation of the UN with the aim of preventing the phenomenon of begging and vagrancy in the country. It also noted that during the past years, the number of children involved in begging had decreased considerably.

The Committee notes the Government’s information that, regarding their involvement in vagrancy and begging, 19 minors were registered by the police in 2014, eight in 2015 and 19 in 2016. Moreover, criminal procedures were launched for three cases of exploitation of children in begging from 2014 to 2017. The Committee also notes that the Special Rapporteur on the sale of children, child prostitution and child pornography indicated in the report on her visit to Armenia of 2016 that, according to the police, the number of street children had decreased. The few cases that were recorded concerned children who left their home owing to conflicts in the family. In such cases, the police intervened to have the children quickly located and returned to their families (A/HRC/31/58/Add.2, paragraph 15).