WORST FORMS OF CHILD LABOR REMAIN RARE IN ARMENIA

UNCLAS SECTION 01 OF 03 YEREVAN 001707

SIPDIS

SENSITIVE

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DEPT FOR EUR/CARC, DRL, DOL/ILAB FOR TINA MCCARTER AND DRL/IL FOR TU
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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

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SUMMARY
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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.

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ARMENIA: EXPLOITIVE CHILD LABOR RARE
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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

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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

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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