Committee on Economic, Social and Cultural Rights Commends Armenia for Revising Rules on the Right to Strike, Raises Questions on Measures to Combat Poverty and Housing Programmes for Socially Disadvantaged Persons, Refugees

The Committee on Economic, Social and Cultural Rights today concluded its review of the fourth periodic report of Armenia under the International Covenant on Economic, Social and Cultural Rights.  Committee Experts commended Armenia for the ongoing revision of rules regarding trade unions and the right to strike, and asked questions on measures to combat poverty and housing programmes for socially disadvantaged persons, including refugees.  

Laura-Maria Craciunean-Tatu, Committee Chair, welcomed the cooperation of the delegation of Armenia, especially given the ongoing humanitarian crisis in the country. 

Joo-Young Lee, Committee Expert and member of the country taskforce, said it was good news that rules regarding trade unions and the right to strike were being revised.  The State party formerly imposed excessive legal requirements on workers regarding their rights to strike, including a requirement for a vote by two-thirds of an organizations’ employees to declare a strike.  How had the Labour Code been amended to address this? 

Karla Vanessa Lemus De Vásquez, Committee Vice-Chair and country rapporteur,  asked about measures the Government had taken to combat poverty.  There was a high level of investment in defence, and investment in areas such as health, education and housing had decreased between 2020 and 2022.  How was the State prioritising the investment of its resources?  What fiscal measures was the State considering to improve the distribution of wealth among the population?

Peters Sunday Omologbe Emuze, Committee Vice-Chair and Rapporteur and member of the country taskforce, asked how many socially disadvantaged families needed housing.  What measures had been taken to address the housing needs of refugees and guarantee their access to adequate and affordable housing?

Introducing the report, Vahe Gevorgyan, Deputy Foreign Minister of Foreign Affairs of the Republic of Armenia and head of delegation, said that two weeks ago, tragic events had occurred in the region.  The Azerbaijani military aggression against the people of Nagorno Karabakh on 19 September, 2023 led to serious and massive violations of human rights, including the right to life, and international humanitarian law.  The atmosphere of extrajudicial killings, arbitrary arrests, abductions of civilians and other violations of international law was compelling people to vacate their ancestral homeland in Nagorno-Karabakh.  As of 4 October, more than 100,000 Armenians had been forcibly displaced.  Strong international monitoring and protection was needed to fully restore the rights of the Armenian population and bring those responsible to justice.

The delegation said that changes regarding the right to strike were adopted in 2023.  Another change gave trade unions the right to protect their members before courts.  The changes were discussed with the International Labour Organization and trade union members.  Moreover, discussions with trade unions were underway, and it seemed probable that further articles regarding collective bargaining rights would be amended as well. 

The delegation also reported that the State’s per capita gross domestic product had increased from around 4,000 to around 7,000 United States dollars within one decade, demonstrating that poverty was decreasing.  24 programmes were being carried out to support socio-economic needs.  Unemployment support payments were raised, especially for mothers of children below the age of two.  Since 2021, pension benefits had increased significantly.  Also, support for the rural population was specifically addressed, as they were at greater risk of poverty.

The delegation said a large-scale housing programme, started in 2020, aimed to provide housing to those who had suffered ethnic cleansing.  272 refugee families were currently beneficiaries of the programme and a further 161 had applied, most of whom would be included in the programme.  As of today, more than 100,000 persons had been displaced from Nagorno Karabakh in the context of the 2023 attack.  The Government envisaged launching a unified strategy for social housing in 2024.  The strategy included a targeted programme that subsidised mortgage loans and rental payments for priority groups, including displaced persons from Nagorno-Karabakh.

In concluding remarks, Ms. Lemus de Vasquez thanked the delegation for answering the large number of questions posed by the Committee and for participating in the dialogue despite the challenging situation back home.  She hoped the Committee’s constructive cooperation with Armenia would continue to promote implementation of the Covenant in the State.

In concluding remarks, Vahe Gevorgyan, Deputy Foreign Minister of Foreign Affairs of the Republic of Armenia and head of delegation, said that, despite the humanitarian crisis, Armenia had participated in the dialogue because it believed in human rights and the human rights mechanisms of the United Nations.  Greater respect for multilateralism was needed in general.  The State party would continue its cooperation with the Committee.   The Covenant was one of the most important instruments of its kind, offering a clear roadmap to Armenia for promoting economic, social and cultural rights.

The delegation of Armenia was comprised of representatives from the Ministry of Foreign Affairs, Ministry of Labor and Social Affairs, Ministry of Justice, Ministry of Education, Science, Culture and Sport, Ministry of Internal Affairs, Office of the General Prosecutor, and the Permanent Mission of Armenia to the United Nations Office at Geneva.

All the documents relating to the Committee’s work, including reports submitted by States parties, can be found on the session’s webpage.  Webcasts of the meetings of the session can be found here, and meetings summaries can be found here.  

The Committee will next meet in public at 5:30 p.m. on Friday, 13 October, to close its seventy-fourth session.

Report

The Committee has before it the fourth periodic report submitted by Armenia (E/C.12/ARM/4). 

Presentation of Report

VAHE GEVORGYAN, Deputy Foreign Minister of Foreign Affairs of the Republic of Armenia and head of delegation, said that two weeks ago, tragic events had occurred in the region.  The Azerbaijani military aggression against the people of Nagorno Karabakh on 19 September, 2023 led to serious and massive violations of human rights, including the right to life, and international humanitarian law.  The use of force had disastrous effect on the enjoyment of all human rights enshrined by the core international human rights instruments and this Covenant.  The whole territory of Nagorno-Karabakh, including the capital Stepanakert, was under indiscriminate shelling.  Civilian infrastructures, including schools and critical communication lines, were deliberately targeted.  Before the military offensive, Nagorno-Karabakh had undergone an inhumane blockade of 10 months, with severe shortages of food and medicine.  Azerbaijan had blocked international humanitarian aid on the ground and refused to implement the binding orders of the International Court of Justice to open the Lachin corridor, the lifeline linking the region with the outer world.  These were clear indicators of Azerbaijan’s intent to perpetrate mass atrocity to destroy in whole or in part indigenous Armenian population.  The United Nations Special Adviser on the Prevention of Genocide, in her statement of 22 September 2023, pointed to the risk of genocide and related atrocity crimes.  Numerous reputable independent experts had already characterised the situation on the ground as one which should be prevented under the Convention of Prevention and Punishment of the Crime of Genocide.  Armenian cultural heritage was under threat.  The atmosphere of extrajudicial killings, arbitrary arrests, abductions of civilians and other violations of international law was compelling people to vacate their ancestral homeland.  As of 4 October, more than 100,000 Armenians had been forcibly displaced.  On 29 September, Armenia applied to the International Court of Justice for the indication of provisional measures to protect rights enshrined in the International Convention on the Elimination of All Forms of Racial Discrimination.  Strong international monitoring and protection was needed to fully restore the rights of the Armenian population and bring those responsible to justice.

Armenia had signed or ratified all main human rights treaties and had joined many international instruments.  Currently it had no overdue reports to submit to the United Nations treaty bodies.  Armenia had ratified the Optional Protocol to the Convention on the Rights of Persons with Disabilities, the Optional Protocol to the Convention on the Rights of the Child on the communication procedure, the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights, the Second Optional Protocol to the International Covenant on Civil and Political Rights, the Council of Europe Protocol 13 concerning the abolition of the death penalty in all circumstances, and the Lanzarote Convention, and had signed the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence.  Just yesterday, Armenia ratified the Rome Statute of the International Criminal Court.

Armenia continued to implement different action plans and strategies in various spheres, such as fight against corruption and trafficking, protection of the rights of children and persons with disabilities, gender equality and many others.  To strengthen the protection of human rights, the Government had adopted the Strategy of Human Rights Protection for 2020 to 2022 and its Action Plan.  The new Action Plan for 2023 to 2025 was underway.  Armenia adopted the 2019 to 2023 Strategy for Implementation of Gender Policy.  In June 2022, Armenia adopted its Second National Plan of Action on women, peace and security for 2022 to 2024, which it was now implementing.  A new Strategy for Legal and Judicial Reforms for the period of 2022 to 2026 was also adopted.  The Government was also drafting a new anti-corruption strategy for 2023 to 2026 and developing a mechanism ensuring accountability.  Armenia continued its practice of submission of voluntary mid-term reports within the framework of universal periodic review procedure.  The policy of the Government was consistent with the United Nations 2030 Agenda for Sustainable Development. The 2021 to 2026 Programme of the Government of Armenia promoted the creation of an environment for inclusive education, the modernisation of educational programmes, the enhanced use of modern information technologies in the training and management systems and strengthening of the "education-science-labour market" correlation.  The Government had launched the “Unified Social Service”, which aimed to manage the social protection system more effectively and increase the quality of social services.  The Government prioritised public administration reform to increase the effectiveness of services provided to citizens.  The implementation of institutional reforms in the field of digitisation also deserved special attention. 

Questions by Committee Experts

LAURA-MARIA CRACIUNEAN-TATU, Committee Chair, welcomed the cooperation of the delegation of Armenia, especially given the ongoing humanitarian crisis in the country. 

KARLA VANESSA LEMUS DE VÁSQUEZ, Committee Vice-Chair and country rapporteur, said the Committee was aware of the situation that the country was currently facing and the efforts that were being deployed on the ground by the entire United Nations country team.  The Committee and State party’s shared objective was to promote economic, social and cultural rights.  What was the status of the Covenant in the domestic legal system?  Were the rights contained in it at the same hierarchical level as other human rights?  What measures did the country take to raise awareness among judges, justice operators and civil society actors regarding the application of the Covenant in its domestic law?  What measures did the State party take to publicise the Covenant as a sign of commitment to guaranteeing access to justice for its citizens?  What measures were taken to make legal aid easily accessible by persons whose rights had been violated?

What were the results of the first National Action Plan for Adaptation to Climate Change 2021-2025, as well as adaptation plans for the energy, agriculture, tourism and health sectors?  What measures were implemented by the State to address the adverse effects of mining and illegal logging?  Information on the actions that were being implemented in the State to promote alternative sources of renewable energy was required.  Also, what concrete measures was the State taking to improve air quality?

What actions were implemented to improve the skills of justice operators and the police to ensure that complaints of human rights violations against human rights defenders were investigated?  What measures were taken to protect human rights defenders?

What administrative and legislative measures were taken to ensure that companies applied the various human rights principles, such as due diligence, in all their activities?  Was there a national plan on business and human rights?  If so, what were its concrete results?  What sanctions did the State impose on companies responsible for violations of economic, social and cultural rights?  What reparation measures were granted to the victims of these violations?

What measures did the Government take to combat poverty?  There was a high level of investment in defence, and investment in areas such as health, education and housing had decreased between 2020 and 2022.  How was the State prioritising the investment of its resources?  What fiscal measures was the State considering to improve the distribution of wealth among the population?

What concrete results were obtained from the State plan to tackle corruption?  Was a new plan developed?  If so, what improvements were included?  Were any measures been taken to combat corruption in the private sector?  What measures were in place to protect persons who reported acts of corruption?

What remedies were available to victims of discrimination, especially those facing multiple forms of discrimination?  What complaints were registered with the judicial system and how did the State promote reporting of discrimination?  What effects had anti-discrimination measures had on vulnerable groups?  What measures were taken in general to effectively integrate refugees, asylum seekers and displaced persons?  What initiatives did the Government have to address the large number of people arriving in Armenia because of the situation in Nagorny Karabakh?  Had the State developed an emergency plan that allowed it to respond comprehensively to the various needs, such as mental health, psychosocial support and immunisation?

How did Armenia combat practices that hindered the full enjoyment and enjoyment of women's rights?  What measures did it take to combat gender stereotypes and discrimination against women, particularly in the workplace and in decision-making spaces?  What measures did Armenia take to address the negative impact of unpaid care work on women's employment?  The gender pay gap was reportedly largely caused by women being relatively more present in sectors with lower wages.  What actions were taken to reduce the wage gap and integrate women into sectors where salaries were higher?  What measures were taken to promote gender balance in professions or sectors that had traditionally been considered masculine?

Responses by the Delegation

The delegation said the State’s real gross domestic product had grown by 12 per cent in 2022, and this growth was continuing in 2023.  Per capita gross domestic product increased from around 4,000 to around 7,000 United States dollars within one decade.  This demonstrated that poverty was decreasing.  Testing was carried out to determine the poverty rate of vulnerable categories of people.  This testing would be an integral part of the social support system, which would combine financial and non-financial benefits.  Various programmes and reforms were disrupted by the ongoing refugee crisis.  24 programmes were being carried out to support socio-economic needs.  Unemployment support payments were raised, especially for mothers of children below the age of two.  The Government intended to match pension levels with the food basket, with a view to eradicate extreme poverty by 2026.  Since 2021, pension benefits had increased significantly.  Also, support for the rural population was specifically addressed, as they were at greater risk of poverty.  Benefit care was approved for all children born in 2023.  Measurable steps were taken to adapt the system to the needs of vulnerable people.

From 1988 to 1992, half a million Armenians were driven from Azerbaijan, most of whom ended up in Armenia.  This was the first wave of refugees in the Soviet Union.  In the late 1990s, Armenia adopted a full set of refugee integration policies.  A large-scale housing programme, started in 2020, aimed to provide housing to those who had suffered ethnic cleansing and support their full integration.  272 refugee families were currently beneficiaries of the programme and a further 161 had applied, most of whom would be included in the programme.  In 2020, more than 90,000 Armenians were displaced from Nagorno-Karabakh.  78 per cent had since returned there, but thousands remained in Armenia.  In 2020, 24 assistance projects were launched, which encompassed almost the entire population of Nagorno-Karabakh.  As of today, more than 100,000 persons had been displaced from Nagorno Karabakh in the context of the 2023 attack.  Many of these refugees were the victims of multiple displacements since the 1980s.

Armenia had ratified numerous instruments promoting the inclusion of women and gender equality.  Gender equality policies were implemented at local, regional and national levels.  The Constitution defined the fundamental provision of equal rights to men and women.  A 2019 to 2020 strategy was introduced to ensure de facto equality and equal opportunities.  Its five priorities were ensuring inclusive governance mechanisms, overcoming stereotypes, ensuring equal participation in education, science and healthcare, and preventing gender discrimination.  30 per cent of women participated in the national elections.  Nine per cent of executives were women.  This required further improvement.  The policy development process also considered gender balance.

The law on clean air was amended in 2022.  The State had embraced renewable energy sources and clean transportation, and enhanced energy efficiency through means such as thermal insulation.  For 2022 to 2025, the Government had identified 26 measures, priorities, needs and resources for adaptation to climate change.  Climate change action plans for agriculture, tourism and other domains were elaborated as well.

The Covenant had the highest status in the national legal system with the power of direct legal effect; 11 of its provisions were included in the Constitution.  The remaining articles were applied directly or indirectly by the courts.  A programme in the Academy of Justice addressed the Covenant.  There was a law in place protecting human rights defenders’ work. 

An anti-corruption programme held from 2015 to 2018 focused on public administration.  In 2018, a new public service law was introduced, clarifying the concept of conflict of interest and regulating various aspects.  In 2019, a corruption prevention commission was established.  From 2019 onwards, the powers of the anti-corruption commission were expanded to allow it to assess  political parties and election funds.

Questions by Committee Experts

A Committee Expert regretted the humanitarian crisis in Armenia.  Regarding refugee integration, had Armenia sought cooperation and assistance from international partners?

JOO-YOUNG LEE, Committee Expert and member of the country taskforce, asked about the status of the law on discrimination and equality.  Lesbian, gay, bisexual, transgender and intersex persons were facing discrimination, but there was no legal protection for them.  What measures were in place to protect their Covenant rights?  The Government imposed a flat 20 per cent personal income tax on all groups.  This negatively affected the vulnerable population.  What measures were taken to introduce a more progressive taxation to accommodate low-income groups?

SANTIAGO MANUEL FIORIO VAESKEN, Committee Expert and member of the country taskforce, asked whether Armenia had a structure in charge of preparing and handling international reports.  Were the State’s strategies for combating poverty multidimensional?  How were the deprivations of those living in extreme poverty addressed?  How did this poverty evolve, historically?  Did the State require international cooperation for humanitarian purposes, and if so, which bodies were cooperating with Armenia currently?  What measures were taken to implement the Rome Statute? 

One Committee Expert said Armenia’s national human rights institution, “Human Rights Defenders in Armenia”, had “A” status.  It had received over 13,000 complaints, however, only around 1,100 were resolved.  How was this institution functioning; what were its resources?  Had the draft law aiming to strengthen the standing of civil society organisations in Armenia been passed?

Responses by the Delegation

The delegation said that Armenia was going through difficult times and support was important.  It was addressing its refugee crisis through close cooperation with the United Nations High Commissioner for Refugees.  Over 100,000 people had arrived in Armenia within a short timeframe.  The figure was very high, so cooperation with the United Nations refugee agency had been prolonged.  Further international support was needed to respond to this crisis. 

The law on equality was drafted in a participatory and inclusive manner.  Since 2019, legislative development had stalled due to the pandemic, the Nagorno-Karabakh war and other distractions.  In 2022, the re-drafting of the law had progressed.  The principle of non-discrimination for the whole population of Armenia was already enshrined in the Constitution.  The Constitution replicated the Covenant’s wording regulating provisions on non-discrimination. 

The State had made efforts to implement anti-corruption reforms in the business sector.  An open and publicly accessible register of business owners and benefactors would be published.  Awareness raising campaigns would ensue, starting in 2024.

In 2020, the State had allocated 0.5 million drams to the national human rights institute, and 0.6 million in 2021.  Its budget was to be increased, and not in any way decreased.  

An action plan to implement the Rome Statute was being elaborated; discussions with international partners were planned.

The State party was cooperating with the United Nations Development Programme to monitor recommendations received by different treaty body mechanisms.  Since Armenia adopted a national action plan on women, peace and security in 2015, the State had been addressing refugee women and girls  as key groups, working to protect their livelihood, employment and security with civil society organisation partners.

26.5 per cent of the population were poor, and about one per cent were extremely poor.  Because of the armed aggression of Azerbaijan, many people were unable to cultivate their land or access their pastures.  This was significant, as over 20 per cent of Armenians depended on agriculture.  The flat-rate taxation system did not primarily affect the poor.

Questions by Committee Experts

JOO-YOUNG LEE, Committee Expert and member of the country taskforce,
noted that the State Party took various measures to promote employment and recently created a national employment strategy.  However, the rate of unemployment remained high, particularly among young persons, women and persons with disabilities.  The State also had a large informal economy as well as regional disparities in access to decent job opportunities.  What were the rates of employment and underemployment, disaggregated by sex, age and geographical area and marzes (regions), from 2018 to 2022?  What measures were taken to address the barriers to employment for persons vulnerable to intersectional discrimination, and to promote decent work opportunities for such persons?  How did Armenia evaluate the impact of such measures?  Could the State party provide data on measures taken to facilitate the integration of people working in the informal economy into the formal economy?

Ms. Lee called for statistics on labour inspections and their prevalence by sector of economic activity, including the informal economy and self-employed workers, and on sanctions imposed.  Was the Inspectorate authorised to visit any enterprise any time, including night hours, for inspection?

She also asked for information on the legal framework for occupational safety and health protection for the working population, including the percentage of persons covered out of the total working population, and the level of benefits or compensation in the case of work-related injuries or occupational diseases. 

On the minimum wage, information was required on the scope of the minimum wage.  Were any groups of workers not covered?  Also, what measures were taken to improve compliance with the minimum wage requirement among employers, and what sanctions were imposed on employers in the case of noncompliance?

What measures did the State party take to guarantee the right to form and join trade unions for all workers, including those in the informal economy, self-employed workers, migrant workers, civilian personnel in the police and security services, public servants and law enforcement officers?  Also, what measures did the State party take to address the excessive legal requirements imposed on workers regarding their rights to strike, including a requirement for a vote by two-thirds of an organizations’ employees to declare a strike?  Had the Labour Code been amended in this regard?

What measures did the State party take to address the shortcomings of social assistance benefits and social services, including limited coverage, exclusion errors and inadequate amounts of benefits?   What percentage of the lowest 10% income decile of households received social assistance, such as the Family Benefit and Social Benefit?  Were refugees, asylum seekers and migrants also entitled to this social assistance?

What measures did the State party take to provide protection against the risk of unemployment in the social security system?  Had it taken steps to introduce unemployment insurance?  Some social security benefits were linked to tax payments.  What measures were taken to support people who could be excluded from those social security schemes?

Responses by the Delegation

The delegation said that in 2023, the State party adopted a package of labour laws to meet international obligations, including International Labour Organization conventions and the European Social Charter.  The laws addressed sexual harassment in the working place and introduced additional safeguards for women raising children under the age of two.  The laws also changed the number of votes required for trade unions to conduct strikes.  Further, the State planned to revise legislation on creating trade unions; in two months, a draft law would be put for discussion and later parliamentary consideration.  Currently, legislation prevented inspections from being carried out during any part of the day, but this was being reviewed.   

The State party was discussing a strategy to promote employment with the International Labour Organization and the International Monetary Fund.  It aimed to support the employment of women until the age of 40, people receiving employment grants and aid, and people in specific regions.  Another project conducted with the United Nations Development Programme provided financing to promote upskilling.
Currently there were no employment insurance policies in Armenia, due to the refugee crisis and other situations creating financial difficulties.  The State was consulting with the International Labour Organization, World Bank and the International Monetary Fund towards creating a suitable model.  It planned to provide both financing and services to improve the employability of recipients.  

Newly constructed buildings needed to take into account persons with disabilities.  In 2024, a personal assistant service would be established, based on a pilot project that was functioning in 2023.  Since 2023, people were assessed not only from a medical aspect, but also eight other aspects surrounding their capabilities.  State support would be targeted and differentiated and would promote greater independence for persons with disabilities.  Digital tools were developed to facilitate contact with different public services. 

The targeted beneficiaries of the vulnerability assessment system were populations living in extreme poverty.  The assessment would take into account individual contexts, for instance family sizes, age, medical situations, places of residence and household incomes.  The main goal was to help overcome extreme poverty and reduce poverty.  Families with more care-giving burden were given greater priority.  The size of the benefit would reflect dependence levels within each family.  Also, funding would be disbursed to current refugees from Nagorno-Karabakh.  Utility payments were subsidised for the refugees as well. p;

In April 2023, the law on trade unions was contested by the Ombudsman before the Constitutional Court.

Questions by Committee Experts

JOO-YOUNG LEE, Committee Expert and member of the country taskforce, said it was good news that rules regarding trade unions and the right to strike were being revised.  Also, social assistance and vulnerability mechanisms were discussed in technical detail.  According to a 2021 report, 60 per cent of poor people in Armenia did not receive any assistance.  How did the State party respond to this?  Were refugees, migrants and persons in the grey economy entitled to regular forms of social assistance and social services? 

Another Committee Expert asked if the State party had established any complaints mechanisms to contest exclusion from social protection that were accessible to all persons, including the elderly. 

Responses by the Delegation

The delegation said that since 2021, disability, allowance, social protection and employment services were being integrated into a unified social service to aid the elderly and persons with disabilities.  The new system would have a two-tiered complaints mechanism; persons would have 30 days to file their complaints.  These changes would result in a broader scope of population being included in social protection measures, including 70 per cent of the poor, compared to the current 50 per cent. 

Refugees and asylum seekers received social services and benefited from integration projects.  They had the legal right to seek employment in Armenia on the same level as Armenians.  They could use social services and receive State benefits, free medical care and services, pensions and social protection. 

Questions by Committee Experts

PETERS SUNDAY OMOLOGBE EMUZE, Committee Vice-Chair and Rapporteur and member of the country taskforce, asked whether the State Party was implementing the international conventions it had ratified to prevent forced marriage of young Yazidi girls below the age of eighteen years.  Had the State party had implemented the recommendations of relevant United Nations human rights bodies, which expressed concerns about child marriage among the Yezidi community? 

The State Party had made efforts to eliminate the worst forms of child labour including hazardous work and forced begging by enacting a new criminal code and criminal procedure code.  However, State legislation did not contain definitions of “forced labour” and “light work”, and labour inspectors lacked full authority to conduct unannounced inspections.  Why had the State not addressed these issues?  When would the State explicitly criminalise those engaging in commercial sex involving children?  

What resources had been earmarked for alternative care services to prevent re-institutionalization of children?  Information was required on oversight mechanisms to monitor the situation of adopted children and children placed in residential institutions and foster families, or under guardianship or trusteeship.  Were there plans to abolish the solitary confinement of juveniles as a disciplinary measure, both in law and in practice? 

What steps had been taken to tackle the rise in domestic violence against women and femicide?  What support did the State provide for centres for persons subjected to domestic violence?  How many of these centres were there and where were they located?  What financial support had so far been disbursed to victims?

How many socially disadvantaged families needed housing?   Was the Government subsidising mortgage loans and rent payments for such families?  How many safe shelters were constructed to accommodate female asylum seekers separately, to protect them from gender-based violence in reception facilities?  What measures had been taken to address the housing needs of refugees and guarantee their access to adequate and affordable housing?  The State party’s legal framework stipulated that asylum seekers and refugees had the same rights to health care, education and employment as citizens.

Armenia had embarked on health care reform, with a State-funded universal health insurance system envisaged that promised quality health care for all by 2027.  The Government planned to start implementing the plan in 2024.  How did the State Party intend to pay for the reform and improve the quality of care in parallel?  The State had proposed automatic withdrawals from the salaries of workers to fund the new system.  How would it prevent this from putting substantial financial strain on many Armenians?  Would the comprehensive health insurance be calculated as a percentage of peoples’ income, or would a fixed value be provided?  How did the State Party intend to address the high costs and low quality of care in the Armenian health system?  There was a high rate of people dying before the age of seventy from non-communicable diseases.  Had the Action Plan and the List of Actions for Maintaining and Improving Mental Health for 2023 to 2026 improved access to mental health services?

How was the State party strengthening the confidentiality of personal health data of people who were tested for HIV and expunging legal provisions that could infringe these persons’ confidentiality?  What policies and programmes on HIV prevention had been devised to meet the needs of the lesbian, gay, bisexual and transgender community?  Also, what steps had been taken to introduce non-discriminatory gender reassignment surgery and to harmonise criminal law with the policy of the Joint United Nations Programme on HIV/AIDS?  The State needed to decriminalise the act of infecting a person with HIV unintentionally.

Responses by the Delegation

The delegation said the Ministry of Health organising humanitarian support and medical treatment for people affected by the Nagorno-Karabakh crisis.  Armenia was preparing to establish a universal health care insurance system by 2027.  The current healthcare landscape meant large out of pocket expenses for the population.  This reform contained many elements.  Presently Armenia invested 1.4 per cent of gross domestic product in healthcare, a relatively low percentage.  The Government aimed to raise this to four per cent by 2027, and to provide access to quality health service to all.  The reform recognised that low-quality health care contributed to a rise in preventable deaths.  75 per cent of health service expenditures would be provided by the State, fully covering the poor, elderly and children.  Hospitals were being optimised, and healthcare infrastructure development projects were being carried out as well.  The strategy addressed data collection through the “e-health” system, establishing a licencing system and providing continuous medical education.  This reform received support from the World Health Organization, World Bank and several other partners.  Armenia’s reform aimed to improve accessibility and quality and reduce costs by 2027. 

The State had started implementing the action plan on mental health for 2023 to 2026, aimed to raise quality of these services, improve mental health services’ capacities and human resources.  Psychologists were included in school staff across the country.  Aggression from Azerbaijan over the last couple of years caused serious mental health issues, particularly among the displaced.  Further long-term health services would be implemented with various national and international partners.  The children’s psychiatric health centre in Avan was being refurbished, as well as the national mental health centre. 

Regarding HIV/AIDS, the State was participating in the Global AIDS Strategy 2021-2026, European regional action plans and other initiatives.  It had increased the scope and coverage of health services for communities at risk.  Confidentiality of HIV status was secured through legal provisions.  Non-governmental organizations and the national infection centre had been conducting early detection and preventive activities for several years.  Social, psychological and legal support was provided in confidentiality by all relevant parties.  In 2022, two legal acts were regulated: the Government regulation on shelters for persons infected with HIV, and an act regarding anti-smear campaigns.  Also, the new Criminal Code of 2021 decriminalised the transmission of HIV, penalising only intentional cases of infection.

Early marriages were taking place in the Yezidi community.  Legally, only persons aged 18 or over who had mutual, voluntary consent could marry.  Persons could marry from age 16 only in cases where they had permission from guardians or where the partner was also aged 16 or over.  Many Yezidi marriages were undocumented.  The Government was implementing an action plan on preventing early marriages, which included measures to educate law officials, raise public awareness, and promote inclusion of minorities and Yezidi girls’ rights to education.  The action plan focused on both legal regulations and the traditions of Yezidis.       

The 2022 labour code defined “forced” and other types of labour.  These changes ensued in the context of constitutional requirements, International Labour Organization and European conventions on children’s rights.  The labour code had been reviewed to adapt it to international standards.  Minors could now work only after school hours. 

The labour inspectorate was in charge of monitoring and ensuring occupational safety.  The legislation on trade unions, employers and social partnerships would be changed.  The amendments also addressed sexual harassment.  This was a first step towards ratification of International Labour Organization Convention 190.  An institute dealing with dispute resolution outside of courts would be established.  An employment strategy that would set up career centres at schools was being developed in cooperation with the Organization for Economic Cooperation and Development.

From 2020 onwards, the State had focused on developing children’s and family crisis centres, expanding healthcare services, supporting foster care and expanding the child protection systems.  Several boarding schools had been closed, and most former boarders had been reunified with their families.  In other cases, emergency children support was provided.  Also, in cooperation with the United Nations Children's Fund, crisis centres were established and strengthened.  Six such centres provided socio-psychological and other aid to over 600 children.  Since 2020, day-care services had been expanded to cover all of Armenia.  12 non-governmental organizations had been given grants; their various initiatives had aided over 3,500 children.  More than 700 specialists had undergone trainings, including teachers at public institutions.  In 2020, a programme was established that gave the opportunity to 127 children to be settled with 83 foster families.

Solitary confinement was abolished both in law and in practice.  A new penitentiary code was also recently introduced which underlined the prohibition this practice.

A law on protection of domestic violence entered into force in 2019.  It contained a full definition of domestic violence and determined the competent bodies for addressing the issue.  A series of secondary acts were subsequently adopted, establishing a competent council and two awareness raising and training programmes conducted in cooperation with the Council of Europe.  Also, the new Criminal Code included provisions that defined racial, ethnic, social and other discrimination as aggravating circumstances and revised provisions on abortion.  Domestic violence centres comprising many services had been established in all parts of the country, co-funded by the State.  The number of users of these centres was on the rise—in 2022, around 1,760 people received support; in the first quarter of 2023, over 900 people.  These centres provided shelters and medical treatments for victims.  In 2022, 222 people benefited from shelter services.  Victims benefitted from a lump-sum financial assistance programme.  The action plan on domestic violence spanned five years, and envisaged the opening of new shelters.  An electronic system for centralised registration of domestic violence cases was being developed.  Training programmes were offered to social workers and psychologists to unify support practices across the country.  The Government also conducted awareness raising to promote enhanced employment and education opportunities for victims.

Questions by Committee Experts

JOO-YOUNG LEE, Committee Expert and member of the country taskforce, said environmental regulations, including those addressing pollution, were inadequate to protect the population.  What measures were taken to reduce pollution by businesses?  What concrete sanctions were issued in cases of non-compliance?

KARLA VANESSA LEMUS DE VÁSQUEZ, Committee Vice-Chair and country rapporteur, said 27 per cent of Armenian children of a certain age were obese.  What measures were taken in that regard?  Could concrete statistics be provided?  How was the State addressing food insecurity?  What measures were taken to address pollution, protect water resources and ensure that the mining industry did not aggravate the environmental situation?

Another Committee Expert said 120 people with disabilities and older persons from Nagorno-Karabakh had been institutionalised.  What measures were taken to ensure that these individuals were receiving community services rather than being institutionalised?  What was the exact proportion of housing that would be made available to persons with disabilities, in the context of the current humanitarian crisis?  Did the State offer additional support beyond housing to people affected by the crisis?  

Responses by the Delegation

The delegation said that in 2023, the Government approved a food security strategy for a three-year period.  The strategy addressed the availability, accessibility and sustainability of food, as well as nutrition and diet.  The pandemic and aggression by Azerbaijan disrupted supply chains.  The Government was aiming to raise self-sufficiency while addressing dietary habits in the country.  Yerevan recently adopted strict penalties for construction companies that polluted the air.  A public body monitored mining activity and related water pollution.

There was currently no programme supporting vulnerable groups in the context of the humanitarian crisis, considering that this was an ongoing development, but the Government was willing to develop such a programme.

The migration service had registered 12,000 people aged over 60 who had sought refuge in Armenia, out of whom 120 were put in a specialised hotel.  Generally speaking in Armenia, non-governmental organizations proved home-based care to 1,200 elderly persons with the support of Government funding.  A 2023 decision improved the State’s programme of inclusion for persons with disabilities and promoted deinstitutionalisation.  This was a comprehensive programme that also addressed the employability and education of persons with disabilities and accessibility.

The Government envisaged launching a unified strategy for social housing in 2024.  The strategy aimed to provide permanent shelters to socially disadvantaged persons.  A targeted programme was approved for persons in need of shelter that would provide support for mortgage loans and rental payments.  Three categories of recipients had been identified; displaced persons from Nagorno-Karabakh were included in the first priority group.

Armenia signed the Istanbul Convention in 2018, but had since questioned the constitutionality of this document was questioned.  In 2019, it asked for the supportive opinion of the Venice Commission.  The Commission emphasised that no provisions appeared to conflict with the Constitution of Armenia.  External circumstances subsequently disrupted further activities in that regard.  The State was expanding compensation mechanisms and shelters.  The Government planned to introduce legislation on stalking and additional security and compensation measures.

Regarding instruments for ensuring confidentiality of data, Armenia was party to the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data and its additional protocols.  The law on protection of personal data set up principles for data protection.  The specific authority in charge of violations was the Personal Data Agency of the Ministry of Justice.  The Criminal Code prohibited the dissemination of confidential medical information without legal consent.

Durable housing solutions were provided for refugees and asylum seekers in accordance with a 2017 Governmental decision.  Since 2018, the Government had been compensating such persons’ apartment rentals for a period of six month.  About 100 refugees per year received such financial aid between 2019 and 2021.  Special accommodation centres also existed.  Female asylum seekers had priority access to different services.  The Government promoted both the right to return and the right to permanent settlement, although the two were not mutually exclusive, and the human rights of refugees.

Questions by Committee Experts

SANTIAGO MANUEL FIORIO VAESKEN, Committee Expert and member of the country taskforce, asked what the Government’s strategy was to move towards inclusive education?  More information was needed on the funds allocated to such children.  What impact had implementation of this inclusive system in general education schools had in terms of the quality of education for children with special educational needs?  What types of psycho-pedagogical supports were offered to children with special educational needs in general education schools and how did their academic performance improve?  How were staff of general education schools, such as pedagogical assistants, psychologists and specialist pedagogues, trained to work with children with special educational needs?

There were previously 23 special schools in Armenia, but at the time of the State’s response to the list of issues, there were seven.  To what extent did the seven current special schools mentioned in the report meet the demand for services nationwide?  Was expansion of these schools planned?  What investments had the State made in renovating and reconstructing schools to improve accessibility in recent years?  How did the State reimburse transportation and food costs for pre-school and primary school pupils in general education?  What were the eligibility criteria for these benefits?

What measures were taken to guarantee teachers' academic freedom?  What were the criteria and processes used to allocate places for students in higher education institutions with full reimbursement of tuition fees?  More details were needed on student benefits and how they were managed in practice.  How much was invested in the period from 2021 to 2022 to subsidise tuition?  There was a worrying number of school dropouts in Armenia, particularly for children belonging to the Molokan and Yezidi minorities. Did the State have up-to-date information on school dropouts in Armenia, with distinctive data on age, gender and other factors?

What were the main challenges faced by school-age students and their families during the transition to distance education caused by the COVID-19 pandemic?  Were the distance education services offered on your web platform still in force?  What strategies were being adopted to mitigate the impacts of school closures on children's learning?

How many general education establishments were teaching in the languages of national minorities, Russian, Assyrian, Yazidi and Kurdish, and how many students were currently studying in these languages?  Did this education meet the social and cultural demands of the minorities concerned?  Russian language was taught in grades two to 12 of general education establishments; were the other languages taught for the same period?  

Did the Law on the Conservation and Use of Historical and Cultural Immovable Monuments and the Historical Environment provide for the preservation of identity elements of other minorities residing in Armenia?  Also, there were reports that many historic mosques and churches lacked due care or were in a state of deterioration or destruction, and did not have adequate signage related to their cultural identity, heritage and traditional names.  Information was needed in that regard.

Responses by the Delegation

The delegation said the State had in 2021 completed the first stage of its transition toward inclusive education.  Psychological and pedagogical centres assessed children based on international specifications of needs.  At the end of the school year, the commission supporting inclusive education evaluated the progress of children with special needs and adjusted curricula accordingly.  The budget for inclusive education was part of the general education budget and was not provided separately.  However, schools were given additional staff members, teachers and psychologists, and could apply for additional funds to meet students’ special needs.   Former specialised schools now served as resource centres.  In regions without specialised schools, these functions were given to grassroots organizations that had a certain level of professional competence in the field of special needs. 

The Government had a programme aiming to repair or build 30 schools or kindergartens by 2026.  Thus far, over 100 educational institutions had been refurbished.  New school buildings were built in keeping with necessary technical and safety requirements.  The State had increased investment in constructing and repairing schools by 75 per cent from its level in 2019.  The Government had a pilot project to subsidise transport expenses for teachers and students who worked and studied in schools outside their region of residence. 

Regarding the allocation of free university places, first, the number of tenders was determined through dialogue with Government institutions and the needs of the labour market, and by the State budget.  Free places were given to the socially vulnerable and those who scored highly in exams.  A certain category of students, including those with disabilities and those living in poverty, were given priority.  Armenia hosted a large number of temporary migrant children, who contributed to the State’s high dropout rates.  The State had in 2022 set up an inter-agency working group, comprising several institutions, to deal with specific cases of dropouts.

During the pandemic, the State, with support from partners, provided pupils in need with computers and set up a remote education portal that was still in operation.  The portal was used to support rural schools and schools where there were not enough teachers. 

From the first until 12th grade, three to four hours were set aside each week for instruction in minority languages.  However, there was a shortage of teachers who could teach those languages.  The salary for such teachers was low since their working hours were limited.  A voluntary accreditation system for language teachers was established in 2022, which could significantly increase these teachers’ pay.  Last year, 11 teachers underwent the programme and seven were already accredited.

The first Karabakh war saw the destruction of hundreds of Armenian monuments.  As an ancient people, Armenians had many historical monuments.  About 25,000 monuments were registered in Armenia, including those of minority communities.  There was State funding for this.  The State also cooperated with the private sector to engage in repairs.  Over the last several years, twenty monuments were restored.  Many required urgent restoration, which required funding.  Experts determined the state of monuments and their priority in renovation.

Russian was taught as a foreign language in Armenia.

Questions by Committee Experts

SANTIAGO MANUEL FIORIO VAESKEN, Committee Expert and member of the country taskforce, asked for more information on the transportation subsidy programme and the pilot project for students and teachers and on investments for restoration of historical monuments.  Was the State committed to respecting the historical toponyms or did it change the toponyms and monuments?  Were changes made in accordance with the Armenian identity?  Also, cemeteries required State support, since many were deteriorated.  Were they going to be restored?

JOO-YOUNG LEE, Committee Expert and member of the country taskforce, asked if the relevant legal act had been amended regarding trade unions’ and human rights defenders’ right to strike?  What methodology was used to assess vulnerability, and what was the budget devoted to social assistance over the last five years, considering the State’s high poverty level?

Another Committee Expert asked how significant remittances from the diaspora were for the Armenian economy.  In the context of the 75th anniversary of the Universal Declaration of Human Rights, what was the State party doing to promote human rights education and multilateral diplomacy?

Responses by the Delegation

The delegation said a separate budget line existed for pupils and teachers to cover transport costs.  The pilot project had budgetary support from the European Union and would soon be rolled out in more areas. 

Around 400,000 euros were earmarked for restoring monuments in 2024.  There had been a stable increase in this figure in recent years.  The State did not modify monuments or toponyms.  There was a register of monuments. Currently, the State was developing a database in that regard.

The standard curriculum for human rights education was recently revised.  Based on new standards, a framework of competences was developed on gender policies, human rights and respect for diversity.  The new curriculum was being gradually introduced in schools through teaching material changes and re-training of teachers.  It would be fully introduced by 2026.

As an indigenous people to the region, Armenia was very interested in the preservation of cultural heritage.  Apart from Armenian heritage, there were also historical traces of different cultures in Armenia.  For instance, there was a very well-preserved Jewish cemetery in Armenia, recently refurbished with support of the Armenian Church.   More resources should be allocated to renovate all type of cultural heritage, including bridges and fortresses.  The issue of cultural heritage was high on Armenia’s agenda.

In 2023, the Armenian economy had received around 340 million United States dollars in remittances. In the past 20 years, the highest annual amount received was 742 million United States dollars and lowest was 98 million United States dollars.  Remittances to Armenia in 2022 amounted to 533 million United States dollars.

Legislative changes regarding the right to strike were adopted in 2023.  Another change gave trade unions the right to protect their members before courts.  The changes were discussed with the International Labour Organization and trade union members.  Moreover, discussions with trade unions were underway, and it seemed probable that further articles regarding collective bargaining rights would be amended as well.  Sometimes, employers infringed the rights of employees without realising it, so awareness raising was also needed.  The State was promoting a social justice initiative along with the International Labour Organization. 

Five pilot projects on social protection were in place, four of which were targeting people who were on benefits and their employment.  Seven per cent of the Government budget was currently devoted to social protection.  This figure had risen by around 13 per cent over the last few years.  The increase in investment was part of the State’s efforts to address poverty. 

Closing Statements

KARLA VANESSA LEMUS DE VÁSQUEZ, Committee Vice-Chair and country rapporteur, thanked the delegation for answering the large number of questions posed by the Committee and for participating in the dialogue despite the challenging situation back home.  She hoped the Committee’s constructive cooperation with Armenia would continue to promote implementation of the Covenant in the State.  She also thanked to the civil society for their contributions.   

VAHE GEVORGYAN, Deputy Foreign Minister of Foreign Affairs of the Republic of Armenia and head of delegation, said that, despite the humanitarian crisis, Armenia had participated in the dialogue because it believed in human rights and the human rights mechanisms of the United Nations.  Greater respect for multilateralism was needed in general.  The State party would continue its cooperation with the Committee.   The Covenant was one of the most important instruments of its kind, offering a clear roadmap to Armenia for promoting economic, social and cultural rights.

Link: https://www.ungeneva.org/en/news-media/meeting-summary/2023/10/examen-de-larmenie-au-comite-des-droits-economiques-sociaux-et

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