Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143) - Armenia (Ratification: 2006)

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

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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.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Article 1 of the Convention. Basic human rights. The Committee notes the Government’s statement that the protection of basic human rights of migrant workers is one of the key principles in the Concept for the Policy of State Regulation of Migration in the Republic of Armenia (Protocol Decision No. 51 of 30 December 2010), the Action Plan for Implementation of the Policy Concept for the State Regulation of Migration in the Republic of Armenia in 2012–16 (Protocol Decision No. 1593 of 10 November 2011), and the Concept for the Studying and the Prevention of Irregular Migration Originating from the Republic of Armenia (Protocol Decision No. 51 of 29 December 2011). The Government further states that the goal of the Concept for the Policy of State Regulation on Migration is to develop a migration policy that complies with national security and sustainable development, and ensure the rights and interests of the persons involved in migration flows. The Committee asks the Government to provide further information on the measures taken, including under the abovementioned state policies and action plan, to ensure that the protection of basic human rights covers all migrant workers, including those who have left, entered or are staying in the country in an irregular manner.

Articles 2 to 5. Measures to detect, prevent and suppress irregular migration and illegal employment of migrants. The Committee notes that the Concept for the Policy of State Regulation of Migration has among its priorities the improvement of the border management system; the prevention of and the improvement of the legal framework on irregular migration originating from Armenia; and the organization of the fight against trafficking and protection of victims of trafficking. It notes that in the Government’s view readmission agreements are the best means to address irregular migration from Armenia and that several such agreements have been signed or are in the process. The Government also states that under the National Referral Mechanism for Trafficked Persons (Government Decision No. 1585-A of 20 November 2008), the Labour Inspectorate can be an information source for detecting victims of trafficking, and is also competent to detect cases of illegal employment but that no such cases have been identified during inspections. The Committee also notes the National Action Plan for Combating Trafficking in Human Beings and comprehensive programmes on effective management of migration flows and combating trafficking and forced labour in Armenia launched by the ILO and implemented by the social partners. The Committee asks the Government to provide information on the results achieved by measures taken or envisaged under the Concept for the Policy of State Regulation of Migration to detect, prevent and suppress irregular migration from and to Armenia and illegal employment of migrants in the context of Articles 2(1)–5 of the Convention, indicating also the involvement of the social partners in this regard. Please continue to provide information on the measures taken to combat human trafficking, as well as on the impact of readmission agreements to combat irregular migration, and on the activities in the context of the Agreement on Cooperation of the States members of the Commonwealth of Independent States (CIS), to establish contact and exchange information regarding irregular migration, and the results achieved.

Article 6. Effective detection of the illegal employment of migrant workers and sanctions. The Committee notes that section 132 of the Criminal Code provides for imprisonment for the term of five to 14 years. It notes from the Government’s report that between January 2007 and May 2012, the Courts of General Jurisdiction examined 21 criminal cases under section 132 of the Criminal Code (human trafficking and abuse) and two cases under section 132(1) of the Criminal Code (engagement of other persons in prostitution or other forms of sexual exploitation, forced labour or services, or slavery or practices similar to slavery). Regarding the practical implementation of section 132, including liability of persons organizing the illegal employment of migrants, the Government states that the term of imprisonment is (on average) seven years. Please continue to provide information on the practical application of section 132 of the Criminal Code, including the specific offences found and the sanctions imposed on those illegally employing migrant workers, and those organizing irregular migration and the illegal employment of migrants.

Article 7. Consultation with the social partners. The Committee notes that on 30 June 2012 an agreement on making amendments and supplements to the Republic Tripartite Agreement was signed between the Government of Armenia, the Confederation of Trade Unions of Armenia and the Republic Union of Employers of Armenia, which extends the period of validity of the Agreement until 20 June 2015. Please provide information on the outcome of any discussions within the context of the Tripartite Agreement pertaining to the laws and regulations and other measures relevant to the Convention.

Article 8(1) and (2). Legal status in the case of loss of employment. Right to alternative employment, retraining and relief work. The Committee notes that a foreigner having obtained a work permit shall be granted temporary residence status or his or her term shall be extended for the term specified in the permit (sections 15(1)(b) and 24(3) of the Law on Foreigners). It also notes that according to section 28(1)(b) of the Law, a work permit shall be terminated if the term of the employment contract has expired or the contract has been rescinded. With respect to alternative employment, the Committee notes that section 27(2) of the Law on Foreigners provides that in the case of cessation of activities by the employer, the foreign employee can sign an employment contract with another employer for the remaining period of the work permit provided that at least three months are left till the expiry of the term and the new employer has obtained the agreement of the competent body. It also notes that section 27 of the Law on Employment and Social Protection in case of Unemployment of 2005 states that the right to social protection of foreign citizens and persons without citizenship in the case of unemployment is realized in compliance with the national legislation and the international treaties signed by Armenia. The Committee asks the Government to confirm that the permission to reside in the country cannot be revoked if the migrant with temporary residency status loses his or her job prematurely, including for reasons other than those provided in section 27(2) of the Law on Foreigners (cessation of activities of the employer). The Committee also requests the Government to clarify the practical effect on the legal status of the migrant worker who has lawfully resided in the country of section 28(1)(b), in particular whether it automatically implies the withdrawal of the authorization of residence.

Article 9. Equality of treatment of migrants in an irregular situation. The Committee notes the Government’s indication that a migrant who is subject to expulsion, can stay in the country while proceedings are ongoing, as long as his or her presence is necessary for further investigation of the process, as well as for the protection of his or her rights. The Government further indicates that there were no specific cases on migrant workers’ employment, remuneration, dismissal related to the violation of the principle of equal treatment. The Committee reiterates its request to the Government to provide information, including reference to the relevant legislation, on how it is ensured that migrant workers in an irregular situation enjoy equality of treatment with regularly admitted and lawfully employed migrants in the country in respect of the rights arising out of past employment, as regards remuneration, social security and other benefits. The Committee further requests the Government to provide information on any cases concerning breaches of equality of treatment brought before the courts, the final decisions handed down, and remedies provided.

Articles 10 and 12. National policy on equality. The Committee notes the relevant provisions regarding equality and non-discrimination in the national Constitution, the Labour Code and the Law on Employment and Social Protection in the Case of Unemployment. While noting these provisions and the explanations by the Government regarding sections 27–29 of the Law on Foreigners, the Committee refers to Article 12 of the Convention specifying the practical measures to be taken in the framework of a national policy on equality of opportunity and treatment. The Committee asks the Government to provide additional information on the practical measures taken or envisaged by which the national policy on equality is being implemented and observed, including educational programmes and measures to assist migrant workers and their families to integrate in society in accordance with Article 12.

Article 14. Free choice of employment. The Committee notes that under the Law on Foreigners the work permit shall indicate the work to be performed and the employer recruiting the foreign worker (section 24(3)); foreigners shall have the right to freely manage their working skills, choose the type of professions and activities, be engaged in economic activities not prohibited by the law, observing the restrictions prescribed by the national legislation (section 22(1)). Section 22(2) and (3) of the Law provide that when issuing a work permit, the public administration body authorized in the field of employment and occupation of foreigners shall take into account the needs and development of the national labour market, and that during a certain time limit the employer shall be obliged to fill vacancies from among Armenian citizens. Pursuant to section 25(a) and (b), the issuing of a work permit can be refused where the status of the labour market does not allow for the work concerned, and Armenian citizenship is required by law for performing the given work. The Committee recalls that restrictions on the employment of foreign workers having resided lawfully in the country for the purpose of employment, by means of work permits or employment authorizations (including granting work permits only if warranted by the national labour market situation), run counter to the principle of equality of treatment between foreign workers and nationals when the duration of such restrictions exceeds the maximum period of two years allowed by Article 14(a) of the Convention. According to Article 14(c) access can be restricted to limited categories of employment or functions only when necessary in the interests of the State. The Committee asks the Government to indicate the maximum period during which the free choice of employment is not fully enjoyed by migrant workers residing lawfully in the country and the specific restrictions imposed by national legislation during this period. Please also provide information, with an indication of the relevant legal provisions, on the categories of employment or functions to which access is restricted for migrant workers (whether with permanent, temporary or having refugee status) pursuant to section 25(b) of the Law on Foreigners.

Parts III–V of the report form. The Committee requests the Government to provide information on the specific activities carried out by the Ministry of Foreign Affairs, the Ministry of Labour and Social Affairs, the Ministry of Territorial Administration (Migration Agency), the police, the national security service, the Judicial Department and the state labour inspectorate to give effect to the provisions of the Convention. Please also provide information (including studies or surveys) regarding any practical difficulties in applying the Convention.

Statistics. The Committee requests the Government to provide statistical information, disaggregated by sex and nationality, on migration flows from and to Armenia, including the number of foreign workers lawfully in the country and those who have entered Armenia for employment in an irregular situation, and the economic sectors in which they are employed, as well as the number of Armenian citizens leaving to seek employment abroad either under regular or irregular conditions, and the countries of employment. Please also provide information on any progress made in the development of an information system for recording migration flows, including the collection of statistical data on irregular migration.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes the Government’s first report on this Convention as well as the information provided by the Government in its first report on the Migration for Employment Convention (Revised), 1949 (No. 97) to the extent it is relevant to the application of Convention No. 143. It also notes the observations of the Republican Union of Employers of Armenia and the Confederation of Trade Unions of Armenia, annexed to the Government’s report.

The Committee notes the information in the Government’s report regarding the main legislative texts giving effect to the provisions of the Convention, in particular the Law on Foreigners of 25 December 2006, which covers entry, stay and residency of foreigners in Armenia, their transit through and exit from the country. It also notes that provisions of the Law on Employment and Social Protection in Case of Unemployment, 2006, and of the Labour Code, 2004, apply to foreign citizens and persons without citizenship. The Committee will undertake a more detailed examination of all the relevant legislation once translation of the Law on Foreigners and other relevant texts is available. The Committee notes that a State Policy to Regulate Population’s Migration, was adopted in 2004, the text of which was not provided. The Committee would be grateful to receive a summary of the main objectives and activities under the State Policy to Regulate Population’s Migration, giving effect to the provisions of the Convention. Please also provide statistical information, disaggregated by sex and nationality, on migration flows from and to Armenia, notably the number of foreign workers lawfully in the country and those who have entered Armenia for employment in an irregular situation, as well as the number of Armenian citizens leaving to seek employment abroad either under regular or irregular conditions.

Article 1 of the Convention. Protection of basic human rights. The Committee notes the provisions in the national constitution protecting the fundamental rights and freedoms, including the prohibition of discrimination, due process and freedom of movement, and the provisions in the Labour Code and the Law on Employment and Social Protection in Case of Unemployment guaranteeing some of the fundamental rights of workers. The Committee asks the Government to provide additional details on the measures taken to ensure that the protection of basic human rights covers all migrant workers, including those who have entered or are staying in the country in an irregular manner.

Article 2. Identifying illegal employment and migration in abusive conditions. The Committee notes the Government’s statement that pursuant to section 28 of the Law on Foreigners 2006, the competent body informs, within five days, the competent policy agency, the employer and the foreigner about the illegality of the migrant worker. The Government also states that Armenia is predominantly a country of emigration and that no cases of illegal migration inflow have been registered. Data on movement of illegally employed migrant workers on Armenia’s territory or departing from, passing through or staying on its territory are not reflected in national statistics as the competent body has not yet treated any permit requests, as provided by law. The Committee notes the observations of the Republican Union of Employers of Armenia regarding the role of employers’ or workers’ representatives in monitoring the clandestine movement of migrants in the territory or issues related to the conditions of their stay that may contravene international treaties. The Committee asks the Government to continue to provide information on any measures taken or envisaged to determine systematically whether there are any illegally employed migrants in the territory, and whether there depart from, pass through or arrive in Armenia migrants for employment in abusive conditions as defined in Article 2(1) of the Convention. The Committee encourages the Government to make special efforts to collect on a regular basis statistical data on irregular migration flows, and illegally employed migrants, and to provide information on any progress made.

Article 3(a) and (b). Measures to suppress clandestine movements of migrants and illegal employment of migrants, and against the organizers of such movements, as well as against those employing workers who have immigrated in illegal conditions. The Committee notes with interest that Armenia has ratified the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children (trafficking Protocol) and that by Government Decision No. 1598-N of 6 December 2007 a National Action Plan and a Schedule for its implementation was approved to fight against human trafficking for the period of 2007–09. The Government further indicates that human trafficking is also being addressed in the context is the ILO Decent work country programme signed for 2007–11, which includes a component on international labour migration. Research is also undertaken in the context of bilateral cooperation. The Committee asks the Government to provide full information on the measures taken to address human trafficking, including on measures to suppress clandestine movements of migrants for employment and illegal employment of migrants, and against the organizers of such movements and against those who employ workers who have immigrated in illegal conditions. Please provide further information on the nature of the research undertaken in the context of bilateral cooperation, and its outcome.

Article 4. Measures to establish systematic contact and exchange of information with other States. The Committee notes the Government’s brief statement that there are regular contacts with other CIS member States in particular with the Federal Migration Service of the Ministry of Interior of the Russian Federation. The Government also states that Armenia is party to the Agreement on Cooperation of the States members of the Commonwealth of Independent States (CIS) against Illegal Migration, and the Convention on the Legal Status of Migrant Workers and the Status of their Family Members in the CIS, 2008. Please provide additional information on the contents of the activities carried out in the context of the CIS Agreement and CIS Convention, or otherwise, to establish contact and exchange information, and the results achieved.

Article 5. Prosecution of the authors of labour trafficking. The Committee notes 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. Section 132(2)(3) indicates that the victim of this offence being under 18 is an aggravating circumstance. The Committee also notes that section 168 of the Criminal Code prohibits “child trafficking”. The Committee asks the Government to indicate the arrangements on the national or international level by which authors of labour trafficking can be prosecuted whatever the country from which they exercise their activities.

Article 6. Legislative provisions for the effective detection of the illegal employment of migrant workers and effective administrative, civil and penal sanctions in respect of illegal employment and organizing clandestine movements of migrants. The Committee notes that section 132 of the Criminal Code provides for imprisonment of 3 to 6 years. The Committee notes the Government’s references to the Law of 25 December 2006 amending the Administrative Offenses Code which provides that employment by the employer of foreigners without the appropriate residency status or work permit results in a fine amounting to 100 to 150 times the minimum wage. The Committee asks the Government to provide information on the practical application of section 132 of the Criminal Code, and on the Code on Administrative Offenses, including specific sanctions imposed. Please indicate whether any administrative, civil or penal sanctions are being imposed against those organizing clandestine movements of migrants generally.

Article 7. Consultations with the social partners. The Committee notes the Government’s statement that the Tripartite Commission created pursuant to section 5 of the Republican Collective Agreement signed in 2009 is competent to discuss matters related to the Convention. Please provide information on the outcome of any discussions within the Tripartite Commission pertaining to the laws and regulations and other measures provided for in the Convention.

Article 8(1) and (2). Right to remain in the country after loss of employment. Right to alternative employment, retraining and relief work. The Committee notes from the Government’s report that section 37 of the Law on Foreigners provides that, in the case of cessation of activities by the employer, the foreign employee who had previously obtained a temporary residence permit based on work until the end of his or her one-year temporary permit with the possibility of an extension for another year, can sign an employment contract with another employer on the condition that until the expiration of the permit, there is still three months time, and the new employer has obtained the agreement of the competent body. The Committee requests the Government to provide additional information on the legislative provisions and other measures taken to ensure that migrant workers who have lost their employment enjoy equal treatment with nationals in respect of guarantees of security of employment, the provision of alternative employment, relief work and training, in accordance with Article 8(2) of the Convention.

Article 9. Equality of treatment of migrants in an irregular situation. The Committee notes that the Government’s report does not provide any information on the measures taken to give effect to this Article of the Convention. The Committee requests the Government to provide information, including reference to the relevant legislation, on the measures taken to ensure that irregular migrant workers enjoy equality of treatment with regularly admitted and lawfully employed migrants in the country in respect of the rights arising out of past employment, as regards remuneration, social security and other benefits. The Committee further requests the Government to provide information on any cases concerning breaches of equality of treatment brought before courts of law and the final decisions handed down, and to indicate whether migrant workers contesting the expulsion are permitted to remain in the country for the duration of the case.

Articles 10 and 12. Specific measures to implement a national policy on equality. The Committee notes the relevant provisions regarding equality and non-discrimination in the national constitutions, the Labour Code and the Law on Employment and Social Protection in the Case of Unemployment. While noting these provisions and the explanations by the Government of sections 27–29 of the Law on Foreigners, the Committee recalls that Article 10 requires the Government to take an active policy to secure acceptance and observance of the principle of non-discrimination by society in general and to assist migrants workers and their families to make use of the equal opportunities offered to them. Article 12 of the Convention specifies the measures to be taken in the framework of a national policy on equality of opportunity and treatment. The Committee asks the Government to provide additional information on the practical measures, including educational programmes, taken or envisaged by which the national policy on equality is being implemented and observed.

Article 11. Definition of “frontier worker”. The Committee notes the Government’s statement that in the legislation of Armenia the term “frontier worker” is considered as a worker living in the nearby territory of the frontier for which a work permit is not required. The Committee asks the Government to indicate the specific legal provisions defining “frontier worker”.

Article 14. Access to employment. The Committee notes the Government’s indications that pursuant to section 22 of the Law on Foreigners, foreigners have the right to the free choice of occupation and type of activity, and to be active in economic activities not prohibited by the national legislation, observing legal restrictions provided by the Law. Section 22 provides that foreigners who have obtained a temporary or permanent residence permit as well as foreigners who have obtained special residence rights are free from the requirement of obtaining a work permit and can within this period freely choose their work, except as provided by the Law. The Committee will examine the relevant provisions of the Law on Foreigners once a translation in one of the official languages of the ILO is available. The Committee asks the Government to provide information, with an indication of the relevant legal provisions, on the restrictions regarding the categories of employment or functions for those foreign workers that are free from requiring a work permit.

Parts III, IV and V of the report form. The Committee notes that the Ministry of Foreign Affairs, the Ministry of Labour and Social Affairs, the Ministry of Territorial Administration (Migration Agency), the Police, the National Security Service, the Judicial Department and the State Labour Inspectorate are entrusted with the implementation of the legislation and policies applying the Convention. The Committee also notes the Government’s statement that there have not been any court decisions regarding matters relating to the Convention which, according to the Government, is being applied in a satisfactory manner. So that the Committee can assess fully how the Convention is being applied in practice, the Committee would be grateful if the Government would supply information on the specific activities carried out by the competent authorities to give effect to the provisions of the Convention. Please also provide copies of any relevant studies or surveys that have been undertaken on any of the matters referred to in this Convention.