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TITLE: ARMENIA HUMAN RIGHTS PRACTICES, 1993
DATE: JANUARY 31, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
ARMENIA
Since achieving independence from the Soviet Union in 1991,
Armenia has been striving to create a democratic, multiparty
republic with a parliamentary system of government.
Legislative power is vested in the Parliament whose members
were chosen in 1990 elections, which, in spite of being
conducted under Soviet procedures, proved relatively free.
However, Parliament's continued inability to adopt a new
constitution has inhibited political and economic reform.
Levon Ter-Petrosyan was elected President in free and fair,
multicandidate elections in 1991. The President appoints the
Prime Minister, who presides over the Government. Armenia's
judiciary is not fully independent of the other branches of
government.
The police are responsible for maintaining order throughout the
country and are generally subordinate to governmental
authority. Like its predecessor, the Committee for State
Security or KGB, the State Directorate for National Security of
the Republic of Armenia is responsible for combating both
external and internal threats.
The ongoing conflict in Nagorno-Karabakh, an overwhelmingly
ethnic Armenian enclave within Azerbaijan, has been the most
serious territorial dispute in the former Soviet Union in terms
of casualties and suffering. Since 1988 when the enclave voted
to secede from Azerbaijan and join Armenia, thousands have
died, thousands more have been injured, and hundreds of
thousands made refugees. Armenian support for the separatists
has led to a crippling Azerbaijani economic embargo which
strangles landlocked Armenia.
The conflict itself, the attendant Azerbaijani and Turkish
embargoes, and chaos in Georgia have exacerbated the Armenian
economic crisis produced by the breakup of the Soviet Union.
Industrial production continued to decline from its already
minimal 1992 level, although at a slower rate during 1993.
Unemployment and inflation rates remained very high.
Electricity and fuels continued to be in critically short
supply, and the health of large segments of the population,
particularly the very old and the very young, was significantly
affected by the difficult living conditions. The Government
has privatized agricultural holdings and is moving to privatize
the distribution sector, but most other segments of the economy
remain under state ownership.
In the absence of a new constitution and the full panoply of
laws protecting human rights, the International Covenant on
Civil and Political Rights, adopted by Parliament's 1991
resolution as the supreme law of the land, aims to ensure the
protection of human rights. Armenia also relies on parts of
the Soviet Constitution. Within this framework, Armenia
generally respects human rights, although there were several
reports of police brutality during the year. The press is
free, and a wide spectrum of viewpoints is represented.
Citizens are free to conduct public meetings and
demonstrations. The Soviet-era criminal code, however, is
still in force and allows suspects to be detained for up to 72
hours without charge; and judges do not appear to be
sufficiently insulated from political pressure. The law on
religion forbids proselytizing and appears to place
restrictions on the kinds of religious organizations that may
be officially registered. Although citizens are free to
emigrate, Armenians must still have official invitations if
they wish to obtain a passport for travel abroad. After the
flight of almost all Azeri inhabitants of Armenia to
Azerbaijan, Armenia's remaining national minorities do not
appear to suffer discrimination. Deeply ingrained attitudes
ensure that women are frequently the objects of discrimination.
Appreciation of the rights of the handicapped remains very
rudimentary.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political and Other Extrajudicial Killing
No political or other extrajudicial killings are known to have
occurred in 1993. However, at least one person died while in
official custody during the year. The trial of the policemen
involved was under way at year's end.
b. Disappearance
No abductions by government or other forces are known to have
been committed. Hostage-taking by both parties to the
Nagorno-Karabakh conflict continues (see the Azerbaijan country
report).
c. Torture and Other Cruel, Inhuman, and Degrading
Treatment or Punishment
In 1993 seven members of Armenia's police forces were
officially charged with brutality. The number of actual
beatings or instances of mistreatment may be higher.
Allegations of police brutality are investigated by the
procurator's (attorney general's) office. If investigation
reveals evidence to support the allegations, and if there is a
serious violation of the law, criminal charges are filed. Less
serious cases are referred to the Ministry of Internal Affairs
for administrative action. Information on prison conditions
was not available, but they are believed to be harsh.
d. Arbitrary Arrest, Detention, or Exile
Parliament has yet to pass a law on judicial reform, although a
proposal is under consideration. According to the Armenian
Criminal Code, much of which dates from the Soviet era,
suspects may be held without charge for up to 72 hours. A
suspect has the right to be represented by a lawyer, and the
police must notify the suspect's relatives if requested. After
arrest, the suspect may be jailed for up to 3 months until
completion of the investigation, or up to 9 months by special
order of the procurator. If no charges have been filed after 9
months, the suspect must be released. There is no provision
for bail or for trial by jury in Armenian law. Once criminal
or civil charges have been filed, the case should by law go to
trial within 1 month. In practice, due to current difficult
conditions in Armenia, the deadline is often not met.
In July the former Minister of Civil Aviation and his deputies,
who in 1992 had allegedly been arbitrarily detained, were
released on their own recognizance pending trial.
Although the Soviet-era Criminal Code, which allows for the
exile of citizens under certain circumstances, remains in
effect, no one has been exiled since Armenia became independent.
e. Denial of Fair Public Trial
The court system in Armenia comprises a number of district
courts, a Supreme Court, and a military tribunal. District
courts try the overwhelming majority of cases. The Ministry of
Internal Affairs continues to conduct preliminary investigations
of criminal cases. The Soviet-era Criminal Code and procedures
still obtain in Armenia.
The Supreme Court is divided into three separate sections. The
first tries especially serious cases (murder, rape, and all
crimes committed by high-level officials). The Presidium of
the Supreme Court reviews all cases tried by the first section
and provides final rulings on any contested verdicts. The
second, civil law section hears lawsuits, civil appeals, and
commercial suits. The third, appellate section of the Supreme
Court reviews district court verdicts. The Ministry of Justice
nominates Supreme Court judges, whose candidacies are vetted by
a panel of their peers before being forwarded to Parliament for
approval. Presiding district court judges were elected to a
5-year term in 1986. Their tenures have been extended pending
the adoption of a new constitution. Neither group as yet
functions fully independently from the other branches of
government.
The military tribunal operates essentially as it did in the
Soviet era. A military procurator performs the same functions
as his civilian counterpart, operating in accordance with the
Soviet-era legal code.
Trials are public except when government secrets are at issue.
Defendants are required to attend their trials unless they have
been accused of a minor crime not punishable by imprisonment.
They may confront witnesses and present evidence. The court
appoints an attorney for any defendant who needs one.
Defendants have the right of appeal.
There are no known political prisoners in Armenia.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
Apart from the provisions of the International Covenant, there
is no legal protection for the privacy of citizens, their
communications, and their correspondence. Procedurally, the
Directorate of National Security must petition the procurator's
office for permission to tap a phone or intercept
correspondence. The procurator's office purportedly must find
a compelling need for the wiretap before it will grant the
agency permission to proceed.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The law on information provides for freedom of speech and
press. These freedoms were widely exercised.
The press is generally free and contains a wide variety of
political opinion and criticism of the Government. All
publications must register with the Ministry of Justice and
state their general subject matter. The Ministry of Justice is
required to act on a publication's application for registration
within 1 month of its receipt.
There is no prepublication censorship. However, the Government
reportedly supplies all mass media editors with a list of
forbidden subjects. It comprises sensitive military
information in categories such as the draft and army
recruitment, information on military structure, civil defense
arrangements, finance, communications, transport, and science
and technology. There were no known prosecutions in 1993 for
violations of this injunction. In an unsettling development,
the Ministry of Foreign Affairs in November banned
correspondents from three opposition media organs from
attending any briefings and meetings sponsored by the Ministry.
Shortages of paper, fuel, electricity, and other supplies
sometimes delayed or prevented the publication or distribution
of the print media. There is no indication that the Government
uses such problems to control or influence the media.
Broadcasting is entirely controlled by the Government. There
are no independent radio or television stations, although there
are several small independent cable television companies.
Several independent radio stations were allotted frequencies
and are awaiting equipment and final approval from the Ministry
of Communications before they begin broadcasting.
Each week, the government broadcaster provided a total of 15
minutes of television air time for all opposition political
parties. The state radio company established a similar
system. Representatives of opposition parties also appeared
regularly on political discussion programs. A shortage of
electricity limited broadcast time for Armenian television to
about 5 hours per day.
b. Freedom of Peaceful Assembly and Association
In the absence of an Armenian law, freedom of peaceful assembly
and association is provided for by the International Covenant.
Public demonstrations, meetings, and marches occurred
frequently in 1993, without any apparent interference by the
authorities. The Soviet-era law on meetings remains valid and
requires those wishing to stage marches or demonstrations to
obtain a permit from the regional executive committee. The
procedure for obtaining a permit is not onerous, and there were
no instances of its arbitrary use.
The Ministry of Justice registers social and political
organizations, but the Government does not attempt to control
the opposition through the registration process. Many
political parties have been registered, and in 1993 the
Ministry of Justice registered the three organizations that
applied.
c. Freedom of Religion
The 1991 law on religious organizations provides for freedom of
conscience and the right to profess one's faith, but there are
some restrictions on religious freedom. The law forbids
proselytizing and refuses registration to organizations whose
doctrine is not based on "historically recognized holy
scriptures." It also requires that petitioning organizations
"be free from materialism and of a purely spiritual nature"
before they may be registered. It establishes the separation
of church and state but recognizes the Armenian Apostolic
Church, to which over 80 percent of the population at least
nominally belongs, as the dominant denomination. A religious
organization refused registration cannot publish a newspaper or
magazine, rent a hall or other meetingplace, have its own
program on television or radio, or officially sponsor the visas
of visitors to Armenia.
The 1991 law was supplemented on December 22 with a
presidential decree on religious activities which appears to
further strengthen the position of the Armenian Apostolic
Church. The decree enjoins the Council on Religious Affairs to
investigate the activities of the representatives of registered
religious organizations and to ban missionaries who engage in
activities contrary to their status. It is not yet possible to
gauge what effect the enforcement of the decree may have on the
exercise of freedom of religion in Armenia.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
The Government does not restrict internal or international
travel for political reasons. Travel passports are still
withheld, however, from Armenians lacking invitations from the
country that they wish to visit, from those possessing state
secrets, and from those whose relatives have made financial
claims against them. The Soviet-era Office of Visas and
Registrations (OVIR) continues to impede travel and emigration
through delays and the creation of various bureaucratic
obstacles.
Some 200,000 people, virtually the entire ethnic Azeri
population of Armenia prior to independence, remain refugees in
Azerbaijan. After the 1988-89 anti-Armenian pogroms in
Azerbaijan connected with the conflict over control of
Nagorno-Karabakh, these people were subjected to discrimination
and intimidation, often accompanied by violence intended to
drive them from the country. Many were forcibly deported, and
the rest fled. It is unclear but increasingly unlikely that
these people will be able to return, as is also the case for
the nearly 400,000 Armenian refugees who fled Azerbaijan after
the pogroms.
The Government does not in any way actively hinder emigration.
Members of Armenia's small Jewish and Greek communities
continued during 1993 to emigrate at a rapid rate.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Although democracy is not yet firmly established in Armenia,
citizens have exercised their right to change their government
peacefully. The 1990 parliamentary elections were relatively
free in spite of being conducted according to Soviet election
procedures. The Armenian National Movement (ANM) defeated the
Communist Party. As Parliament began to function, its members
affiliated themselves with new parties being formed. At
present, 12 parties and associations are represented in
Parliament, and many others dot the political landscape. The
ANM, which supports the President, does not have a majority of
deputies in Parliament. Because of frequent defections and
splits, the relative strength of the other parties in the
legislature varies.
In 1991 the Armenian electorate chose Levon Ter-Petrosyan as
its President in a multicandidate election. By law, members of
the executive branch, including the President himself, may not
belong to any political party. The next parliamentary and
presidential elections are now scheduled for 1995. They may be
called earlier if a new constitution is ratified.
In the absence of a new constitution, the Government's
legitimacy rests on the 1990 law on the Presidency and the 1991
law on Parliament. The law on Parliament established a
multiparty system. The large number of seats won by those
occupying full-time jobs in local government offices around the
country and Armenia's economic problems have frequently made it
difficult to muster a quorum and have correspondingly limited
the effectiveness of Parliament. In an effort to enhance
interparty comity and increase efficiency, the President has
frequently induced members of other parties to serve in his
Government.
Largely due to traditional social attitudes, women play a very
limited role in government and politics. The Minister of the
Environment is the highest ranking woman in government, and
there are several women serving as mayors and Members of
Parliament.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
There are several fledgling human rights organizations in
Armenia. The Government does not impede investigations, by
either domestic or international human rights organizations,
into alleged charges of human rights abuse.
Section 5 Discrimination Based on Race, Sex, Religion,
Disability, Language, or Social Status
Discrimination is prohibited by the International Covenant.
Since independence, laws have been passed to protect against
discrimination based on religion or language. Armenia signed
the Convention on the Protection of Women from All Kinds of
Discrimination on June 9, 1993.
Women
Armenia remains a male-dominated society. Women are typically
expected to do the housework and raise the family even if they
have a full-time job. In the workplace, they are generally not
afforded the opportunities for training and advancement given
to men. The 1992 law on employment does, however, prohibit
discrimination in employment. The extremely high unemployment
rate makes it difficult to gauge how effectively the law has
been implemented to prevent discrimination.
In the first quarter of 1993, only six rape cases were tried by
Armenian courts. It is virtually certain that many more
incidents go unreported. In 1993 not one charge of spouse
abuse was filed or tried by a court in Armenia.
Children
Armenia signed the Convention on Children's Rights on June 1,
1992. The Government has taken steps to insulate large
families (four children or more) from Armenia's current
difficult economic circumstances, and foreign humanitarian aid
programs have been similarly targeted at large families.
Armenia does not have the means, in the current straitened
economic environment, to provide fully for the welfare of
children.
National/Racial/Ethnic Minorities
No laws have been passed since independence to protect against
discrimination based on race or social status. The small
communities of Russians, Jews, Kurds, Yezids, Georgians,
Greeks, and Assyrians still resident in Armenia do not suffer
discrimination. The 1992 law on language guarantees linguistic
minorities the right to publish and study in their native
language. There are publications in minority languages. In
theory, minorities may use their native languages in court
cases. In practice, virtually everyone presently in Armenia,
including members of its Yezid, Greek, and Jewish communities,
speaks Armenian.
People with Disabilities
The Parliament in 1993 passed a law on invalids that in
principle guarantees the social, political, and individual
rights of the handicapped. The law does not mandate the
provision of accessibility for the disabled, however.
Appreciation of the rights of the handicapped remains very
rudimentary.
Section 6 Worker Rights
a. The Right of Association
The 1992 law on employment guarantees employees the right to
strike and to form or join unions of their own choosing without
previous authorization. The vast majority of existing trade
unions are holdovers from the Soviet period and were not freely
chosen by workers. About 80 percent of Armenia's work force
are formally members of unions. A presidential decree of
January 1993 prohibits the Government and other employers from
retaliating against strikers and labor leaders. It appears to
be enforced. In the summer and fall of 1993, teachers from
some of the country's schools formed a union and struck to
press their demands for improved working conditions and a wage
increase. Yerevan subway workers conducted a 2-hour warning
strike in November. The activities of both groups did not seem
to be hindered in any way by the Government. Unions are free
to affiliate with international bodies and to form federations.
b. The Right to Organize and Bargain Collectively.
The 1992 Law on Employment guarantees the right to organize and
bargain collectively. Nearly all enterprises, factories, and
organizations remain under state control. Therefore, voluntary,
direct negotiations cannot take place between unions and
employers without the participation of the Government.
Collective bargaining is not practiced in Armenia. Wages in
industries, which are overwhelmingly owned and controlled by
the state, are set by the government with reference to the
prevailing minimum wage. The Government encourages profitable
factories to establish their own pay scales. They are
generally set by the factory's directorate, without
consultation with employees. Export processing zones do not
exist. Wage and other labor disputes are adjudicated through
the Arbitration Court. The Court has acted in the past to
force the reinstatement of employees fired because of their
labor activism.
c. Prohibition of Forced or Compulsory Labor
The 1992 Law on Employment prohibits forced labor, which is not
practiced. This provision is enforced by the local councils of
deputies, unemployment offices, and, as a final board of
appeal, the Arbitration Commission.
d. Minimum Age for Employment of Children
According to the 1992 Law on Employment, 16 is the minimum age
for employment. Children may work from age 14 with the
permission of a medical commission and the relevant labor union
board. Child labor is not practiced. The Law on Employment is
enforced by the local councils of deputies, unemployment
offices, and, as a final board of appeal, the Arbitration
Commission.
e. Acceptable Conditions of Work
The minimum wage is set by governmental decree and was
increased periodically during 1993. The minimum wage in
December 1993 was about $0.50 per month. Employees paid the
minimum wage cannot support either themselves or their families
on this pay. The vast majority of enterprises are either idle
or operating at only a fraction of their capacity. Those still
on the payrolls of idle enterprises continue to receive
two-thirds of their base salary. As a result of the economic
dislocations caused by the breakup of the Soviet Union, the
1988 earthquake, the conflict in Nagorno-Karabakh, and the
resultant disruption in Armenia's trade, the overwhelming
majority of Armenians are thought to live below the officially
recognized poverty level. The standard legal workweek is 41
hours.
Soviet-era occupational and safety standards remain in force.
Labor legislation from 1988 places responsibility on the
employer and the management of each firm to ensure "healthy and
normal" labor conditions for employees, but it provides no
definition of "healthy and normal." A law that would improve
safety conditions at the workplace has been drafted and has
been discussed in committee.
(###)
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