WORST FORMS OF CHILD LABOR REMAIN RARE IN ARMENIA

UNCLAS SECTION 01 OF 03 YEREVAN 001707 SIPDIS SENSITIVE SIPDIS DEPT FOR EUR/CARC, DRL, DOL/ILAB FOR TINA MCCARTER AND DRL/IL FOR TU DANG E.O. 12958: N/A TAGS: ELAB EIND ETRD PHUM SOCI USAID AM SUBJECT: WORST FORMS OF CHILD LABOR REMAIN RARE IN ARMENIA REF: A) STATE 184972 B) 05 YEREVAN 1550 -------------- SUMMARY -------------- ¶1. (SBU) In 2006, the Armenian government tightened some of its legislation pertaining to child labor. While there is still no explicit law against the worst forms of child labor, at the end of 2005 the government adopted a list of occupations considered too hazardous for children. The Labor Code, enacted in 2005 and drafted to meet International Labor Organization (ILO) standards, prohibits child labor. Bonded, arduous or exploitive child labor in Armenia continues to be rare. The high demand for employment, especially for unskilled workers, and the Armenian cultural premium on the family make it unlikely that employers would force valuable or hazardous jobs on children. While conventional bonded or slave child labor may not be a significant problem in Armenia, we continue to push the Armenian Government to take more active measures to protect women from trafficking and sexual exploitation. The GOAM has never prosecuted a case of exploitive child labor, and maintains that it is not a problem in Armenia. End Summary. -------------- ARMENIA: EXPLOITIVE CHILD LABOR RARE -------------- ¶2. (SBU) The following responses update Ref B. A) Laws against the worst forms of child labor: -- On December 5, the National Assembly adopted changes to Section 7, Chapter 20, Article 168 of the Criminal Code that clarify and in some cases strengthen penalties against those convicted of purchasing or selling a child. Previously, those found guilty of the vague charge of "purchasing or selling a child" were subject to three to seven years' imprisonment. Under the new changes, the purchase or sale of a child in the absence of a related crime, such as trafficking, carries a prison sentence of two to five years. If the purchase or sale were to be committed under aggravating circumstances, the sentence is four to eight years. -- In 2006, the last of three international children's rights instruments adopted in 2005 was enacted. The International Labor Organization (ILO) Convention 182 on the Worst Forms of Child Labor took effect January 2, 2006. The Optional Protocol to the Convention of the Rights of the Child (CRC) on the Sale of Children, Child Prostitution and Pornography and the Optional Protocol to the CRC on the Involvement of Children in Armed Conflict took effect in July and October 2005, respectively. -- On October 23, Armenia ratified the Hague Convention on the Civil Aspects of International Child Abduction. -- Under the new labor law, children under 18 years old are prohibited from working in hazardous conditions (Article 257, Sections 1-4). On December 29, 2005, the Government adopted a list of occupations defining these conditions. The list includes occupations considered too physically difficult or dangerous to be performed by minors, pregnant women and women with children under 1 year old. The decree creating the list took effect on February 2, ¶2006. The Government still has not developed a list of occupations considered specifically to be among the worst forms of child labor. -- The Armenian Criminal Code, adopted April 11, 2003, includes the following punishments for exploitive child labor as amended: human trafficking (seven to 15 years' imprisonment and fines under Section 7, Chapter 20, Article 132 and Article 132 Part 1); involving minors in prostitution, begging and pornography (one to six years' imprisonment and fines under Section 7, Chapter 20, Article 166; those convicted of involving children in prostitution also may receive three to eight years' imprisonment under Section 7, Chapter 20, Article 261, or three to 10 years' imprisonment under Section 7, Chapter 20, Article 262); child trafficking (three to seven years' imprisonment and fines under Section 7, Chapter 20, Article 168); disseminating and involving minors in child pornography (two to four years' imprisonment and fines under Section 9, Chapter 25, Article 263). -- The minimum age for completing educational requirements in Armenia varies according to the age at which a child is first enrolled in school. Generally, however, primary and basic education is compulsory to age 14. UNICEF's 2004 Armenia report asserted that 25 percent of children in Armenia did not continue studies after eighth grade. National Statistical Service figures show an overall six percent attrition rate among students who completed the eighth YEREVAN 00001707 002 OF 003 grade and began ninth grade in 2005. B) Regulations for implementation and enforcement of proscriptions against the worst forms of child labor: -- According to State Labor Inspectorate Acting Director Harutyun Harutyunian, the new agency, established in March 2005, is now operating at full capacity. According to Harutyunian, the agency has neither received nor investigated any child labor complaints since its inception. The agency, which replaced the Monitoring and Inspections Department of the State Social Insurance Fund, does not have designated child labor inspectors. The Monitoring and Inspections Department had neither received nor investigated a single child labor complaint during its 13-year tenure. -- During a USG-sponsored workshop in May 2005, GOAM officials drafted the Inspectorate's mission statement, designed the Labor Inspectorate's departmental structures, and identified timelines for training inspectors. USAID also sponsored a study tour for eight State Labor Inspectorate officials to visit their counterparts in Bulgaria. -- According to UNICEF child protection officer Naira Avetisian, the new labor code, though based on international protocols and European Union standards, has unclear enforcement mechanisms that reduce its effectiveness. -- The head of the Ministry of Labor and Social Affairs Department of Women, Family and Children, Lala Ghazarian, told us the ministry is discussing changes to the Labor Code that would define mechanisms for the implementation of the code, including the section on children's rights. According to Ghazarian, the GOAM established an Interagency Commission on Children's Right Protection in November ¶2005. The commission is chaired by the Minister of Labor and Social Affairs, and consists of department heads and deputy ministers. Ghazaryan also told us the state has established children's rights protection centers charged with following up on complaints of psychological abuse in schools. -- According to Armenian Human Rights Ombudsman Armen Harutyunian, none of the 1,178 written human rights complaints he received this year included cases of child labor. Armenian National Police Juvenile Police Division Head Nelly Durian said none of the roughly 300 juvenile police officers she manages had investigated any cases related to child labor. C) Social programs to prevent children from engaging in the worst forms of child labor: -- According to the Ministry of Education, approximately 10,000 Armenian children are currently enrolled in special state-run schools, which include schools for the gifted, and schools for the deaf, and schools for children from poor families. The schools for the deaf and the poor include boarding facilities. In compliance with European Union standards, beginning in 2007, special schools for children from poor families, formerly somewhat isolated, will be converted into mainstream schools and child care centers to facilitate their students' integration into society. -- Ministry of Labor and Social Affairs Social Support Department Head Astghik Minasyan told us the GOAM continues to issue one-time allowances of AMD 20,000 (approximately USD 54) to needy families. About 20,000 families received these allowances in 2006. Begun August 22, 2005, the program intends to provide families with assistance to purchase clothing and school supplies for their primary school-aged children. -- Armenian NGO "Orran" maintains a home for approximately 70 orphaned and abandoned children, including children rescued from Armenian streets. According to Executive Director Heriknaz Harutyunian, none of the children for which her NGO provides assistance had been victims of exploitive child labor. Harutyunian said the NGO saw one case this year in which a mother forced her two children to beg for money on the streets. When the NGO's attempts to dissuade her from this practice failed, the children were put into an orphanage. -- In 2002, the last year UNICEF compiled data on homelessness in Armenia, UNICEF reported the Ministry of Interior had identified 135 children working on the streets. UNICEF-Armenia child protection officer Naira Avetisyan said the number of children working on the streets in 2006 had not changed substantially. Children may occasionally be observed selling pens or tissues, or washing cars parked on the street. -- The NGO Fund for Armenian Relief (FAR) maintains a Children's YEREVAN 00001707 003 OF 003 Reception Center that shelters, assesses and refers "troubled and vulnerable" children to special institutions including state-run boarding schools and orphanages. Since 2000, FAR has assisted more than 1,400 children. According to Program Director Ramona Ktakyan, some parents or family members had charged fees to "customers" for the minors' "sexual services." Juvenile Police officers and state social workers work with the children to develop criminal cases and provide social services. D) Comprehensive policies designed to eliminate the worst forms of child labor: Nothing new in 2006. E) Armenia's continued progress toward eliminating the worst forms of child labor: There are no significant exploitive child labor problems in Armenia. GODFREY