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Title: Armenia Human Rights Practices, 1995
Author: U.S. Department of State
Date: March 1996
ARMENIA
Armenia has a constitutional government in which the President, who won
a multicandidate election in 1991, appoints and dismisses the Prime
Minister, all cabinet ministers, the Prosecutor General, regional
governors, and the mayor of Yerevan. The new Constitution severely
circumscribes the powers of the legislature relative to the executive
branch. The 190-member National Assembly was chosen in July in the
first postindependence parliamentary elections. Local and international
observers characterized them as "generally free, but not fair," and
cited deficiencies in the electoral process, including a lack of
transparency in vote counting, the suspension of a leading opposition
party, and the prevention of 5 opposition parties and over 500
opposition candidates from registering. Manipulation of election
procedures by the largely progovernment Central Election Commission
(CEC) contributed to the ruling coalition's 80-percent majority in the
new Assembly. The President may disband the legislature and call for
new elections, except during his last 6 months in office. The
Constitution provides for an independent judiciary; in practice,
however, judges are subject to political pressure from both the
executive and legislature.
The Ministry of Internal Affairs supervises the national police force,
which is responsible for maintaining order throughout the country. The
Prime Minister oversees the Ministry for National Security, which is
responsible for combating both external and internal threats to the
State. The civilian authorities do not maintain effective control of
all the security forces. Some members of the security forces committed
serious human rights abuses.
The Government is committed to a transition to a market economy, despite
the economic constraints imposed by its conflict with neighboring
Azerbaijan. The economy continues to experience critical shortages of
fuel, electricity, and raw materials, which severely restrict industrial
production and cause widespread unemployment. The economy,
nevertheless, registered the first increment of positive growth since
independence. The Government made some progress toward market reform
with moves to liberalize bread prices and plans to privatize state
structures, including large enterprises. Inflation was brought under
control and the local currency, the dram, was stable. The per capita
gross national product is $467 annually.
Starting with the suspension of a major opposition party, the Armenian
Revolutionary Federation (ARF) or Dashnak party, and its newspapers in
December 1994, there was a noticeable decline in Armenia's observance of
human rights. The Government hampered the ability of opposition parties
and media organs to function freely, including before and during the
elections. The Government's manipulation of the elections and the
constitutional referendum, primarily through the CEC, restricted
citizens' ability to change their government. Police brutality goes
largely unreported, but evidence indicates that police frequently beat
detainees. Lawyers for those accused of crimes in connection with the
alleged terrorist cell "Dro" claim that the defendants were subjected to
beatings to extract confessions and were denied visits from relatives
and lawyers. In March the Prosecutor General issued a ruling that
denied defense lawyers access to their clients for most of the
investigation phase of a case. In March and April, defense lawyers were
physically attacked. In May, a Dro detainee died in a prison hospital
while awaiting trial. The Government repeatedly denied requests by
international organizations and foreign embasssy officials to visit the
Dro and other detainees and prisoners unescorted. Prison conditions are
poor.
The Government places some restrictions on freedom of the press,
assembly, and association. The Armenian law restricts freedom of
religion, and societal violence against religious minorities is a
problem. Armed paramilitary groups carried out a wave of attacks on
religious minority groups in April and May. The authorities have not
brought to justice the perpetrators of the attacks, despite government
assurances to the contrary. Discrimination against women and minorities
is a problem. In an effort to move forward on confidence building
measures between the parties to the Nagorno-Karabakh conflict, the
Government released all of its prisoners of war and civilian detainees
held as a result of the dispute.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including Freedom
from:
a. Political and other Extrajudicial Killings
A detainee in the case of the alleged Dro terrorist cell, Artavazd
Manukhyan, died in custody on May 15, while awaiting trial. There were
allegations that he died due to extensive loss of blood and inadequate
medical attention; the State claims that Manukhyan died of natural
causes (see Section 1.c.). In the January 1994 case of eight dead
Azerbaijani, some international organizations have decided that the
cause of death was suicide and the Government considers the case closed.
b. Disappearance
No abductions by Government or other forces are known to have been
committed.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment
The Constitution and the law prohibit torture. The authorities charged
members of the security forces with police brutality in five cases;
however, none of the defendents has yet gone to trial. Two of the
policemen accused of brutality in 1994 were administratively
disciplined, and the third is still awaiting trial for murder. The
number of eyewitness accounts of police brutality far outstrips the
number of cases filed, indicating that most cases of police brutality go
unreported.
The office of the Prosecutor General (Attorney General) investigates
allegations of mistreatment. If the investigation reveals evidence to
support the allegations and if there is a serious violation of the law,
the prosecutor's office files criminal charges. Less serious cases are
referred to the Ministry of Internal Affairs for administrative action.
The Government has not improved the prison system, which still uses
Soviet-era "Kartser," which are outdoor, cement cells where prisoners
are often incarcerated for weeks at a time, receiving food once every 3
days.
The Government has not facilitated independent monitoring of prison
conditions. It has denied requests by foreign embassy officials, the
International Committee of the Red Cross (ICRC), and others to conduct
unescorted visits with detainees accused of crimes, and, in some cases,
has denied permission for visits altogether. The Government has
repeatedly denied permission for the ICRC to visit the Dro defendants,
including Artavazd Manukhyan, who was arrested in December 1994 and died
in prison in May awaiting trial (see Section 1.a.). Manukhyan did not
see his lawyer for several days before his death nor his family after
his arrest. He reportedly had requested medical treatment for his
declining health since March, but apparently did not receive any until
May. He allegedly died from extensive blood loss. The government-
appointed panel of physicians that investigated Manukhyan's death
claimed that he was not tortured and died of heart failure brought on by
advanced pneumonia. Manukhyan was reportedly healthy at the time of his
arrest.
d. Arbitrary Arrest, Detention, or Exile
According to the transitional provisions of the Constitution, the
previous procedure for searches and arrests will be maintained until the
Criminal Code is brought into line with the Constitution.
According to the existing Criminal Code, much of which dates from the
Soviet era, suspects may be detained and 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. The latter
provision has been violated regularly, leaving relatives to rely on
rumors as to a detainee's whereabouts. After arrest, the suspect may be
jailed for up to 6 months pending trial and completion of the
investigation, or up to 11 months by special order of the Prosecutor
General (these limits were recently extended from 3 months and 9 months,
respectively). If no sentence is passed during the period of detention,
the suspect must be released. There is no provision for bail.
In May the President authorized the release of 47 prisoners of war being
held as a result of the Nagorno-Karabakh conflict.
There were no reports of forced exile.
e. Denial of Fair Public Trial
Although the Constitution provides for an independent judiciary, in
practice, courts are not independent from the other branches of
government. The provisions of the new Constitution do not appear
designed to insulate the courts from political pressure from the
executive branch, although enabling legislation is yet to be enacted and
implemented. Under the Constitution, the Justice Council appoints and
disciplines judges for the new tribunal courts, review courts, and the
court of appeals. The President heads the council appoints 14 members
in addition to the Prosecutor General and Justice Minister who are ex
officio members. This gives the President overwhelming influence in
appointing and dismissing judges at all levels.
According to the transitional provisions of the Constitution, the
existing courts will retain their powers until the new judicial system
is established. The existing court system 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 procedures remain in effect. The judicial
structure set out under the new Constitution does not provide for a
supreme court. The Constitution's transition provisions extend the
powers of members of the current supreme court until the formation of
the Court of Appeals, up to a maximum of 3 years. The Constitutional
Court's range of activity is limited by the Constitution. Only the
President, one-third of Parliament, and candidates for the office of
president may appeal to the court. The latter may do so only to
challenge the results of an election.
The Constitution provides for jury trials in cases stipulated by law.
Implementing regulations for this provision have not yet been adopted.
Once criminal or civil charges have been filed, the case should by law
go to trial within one month. In practice, due to court backlogs and
other resource problems, the deadline is often not met.
The military tribunal operates essentially as it did in the Soviet era.
A military prosecutor 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. Defendants may
confront witnesses and present evidence. The court appoints an attorney
for any defendant who needs one. Defendants have the right of appeal.
There were no reports of political prisoners. The 1994 case of former
National Security Advisor Vahan Avakyan was closed. Some human rights
organizations had called Avakyan the first political prisoner in
Armenia. He was sentenced in the fall of 1994 to 4 years in prison,
charged with attempting to steal state secrets. On September 11, the
President granted Avakyan amnesty and released him from prison.
The Dro trials began on August 7. Eleven defendants are accused of
being members of the so-called Dro clandestine organization, and are
accused of terrorism, illegal economic activities, drug trafficking,
homicide, and the recruitment and training of new Dro members. The
first stage, the testimony of the defendants, ran until November 20.
Seven of the accused claimed that their testimony was coerced through
psychological pressure and torture. Four of the defendants refused to
testify in court. The second stage, examining of the witnesses, ran
through the first week of December. There were 21 witnesses to be
questioned, but 10 witnesses could not be located. The third stage, the
presentation of evidence by the prosecution, including police reports,
arrest warrants, letters, official documents, and fingerprints ran until
December 25. The only evidence not presented was an analysis of
controversial computer diskettes confiscated from the apartment and
office of Gagik Artsrouni, one of the key defendants. Local human
rights groups have accused the court of not being balanced. They say
the judge has ignored protests from the defense attorneys that evidence
was collected illegally and tampered with by the police and the
prosecutor's office. Observers of the proceedings point to numerous
procedural oddities. Thus, the view of most observers is that the court
places more emphasis on the government's political objectives in the
trial than due process consideration for the accused.
The trial of Vahan Hovhanissyan, a member of the Dashnaks party
leadership council, is scheduled to begin in March 1996. He was
detained on July 29 for "routine questioning," but was denied access to
a defense lawyer until August 10. Hovhanissyan has been charged with
high treason, terrorism, conspiring to overthrow the Government, and
illegal possession of arms. His defense team has alleged numerous
infractions of the law during the investigation period. His attorneys
claim that they were given only 2 days to investigate evidence. They
also claim that his place of detention was kept a secret from them for 2
weeks.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The Constitution provides for the right to privacy for citizens, their
residences, their communications, and their correspondence.
Procedurally, the security ministries must petition the prosecutor's
office for permission to tap a telephone or intercept correspondence.
The prosecutor's office purportedly must find a compelling need for the
wiretap before it will grant the agency permission to proceed.
There were many violations of the right to privacy during waves of army
conscription in 1995. Military recruiters appeared at houses where
draft-age men were reported to live, and either threatened the occupants
or inflicted material damage. Recruiters seized draft-age men in public
at markets and on the subway. There are credible reports that Armenian
and Nagorno-Karabakh officials forcibly conscripted refugees from
Nagorno-Karabakh and Azerbaijan. The draft board also sent recruiters
to Krasnodar Kray in Russia to retrieve draft-age males who had fled the
country.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Constitution provides for freedom of the press. In practice,
however, the Government has, on occasion, shown intolerance of
newspapers critical of government policies. Freedom of the press was
partially restricted in December 1994, when the Government shut down
four Dashnak-affiliated newspapers, as well as eight other media outlets
with Dashnak party members in key positions. Ten of these remain
closed. Independent and opposition newspapers, most of which have
extremely few resources, are dependent on the Government for newsprint
and publication facilities--an arrangement that has continued intact
from the Soviet period. Newsprint is sold at various prices depending
on the purchaser, and, at times, is completely unavailable to opposition
papers. Golos Armeni and a few other independent newspapers have
stopped publishing because of paper shortages and financial problems.
Several media correspondents were physically attacked and offices of
several newspapers were firebombed. No suspects have been arrested in
any of these cases.
Despite these hardships, opposition newspapers have continued to publish
and print articles critical of the Government. There is no
prepublication censorship. However, the Government supplies all mass
media editors with a list of forbidden subjects, most of which relate to
the military. There were no reports of prosecutions for violations of
this injunction.
Broadcasting is largely controlled by the Government. There is one
functioning independent radio station. There are also several small
independent cable television companies which are only licensed to show
films.
State television provided a total of 5 minutes per candidate and 30
minutes per party of free airtime during the parliamentary elections.
In contrast, the ruling "Republic" bloc, through its control of the
media, used scheduled programs to publicize its candidates and implored
voters to choose Republic at the polls. Part of the President's speech
in support of the Republic bloc was shown on election day, in violation
of the electoral law. Exhortations to vote "yes" on the constitutional
referendum appeared frequently on state television in the weeks before
the vote. The shortage of electricity limited broadcast time for
programming to about 3 hours per day.
Generally, there is more freedom in academic institutions than was the
case during the Soviet period. Instructors and students express their
opinions during lectures and seminars. There is no official censorship
or ideological framework imposed upon them. Bribes for good grades
reportedly are common.
b. Freedom of Peaceful Assembly and Association
The Constitution provides for freedom of peaceful assembly and
association. However, in December 1994, the Government suspended the
Dashnak party by presidential decree alleging that the party harbored a
secret terrorist cell, Dro, that represented a clear and present danger
to the Armenian State. The Supreme Court subsequently upheld the
President's decision to suspend the party for 6 months, on the grounds
that the presence of expatriate members on its ruling bodies violated
the law on public political organizations. The Dashnak party was not
allowed to register for the parliamentary elections, although members
were allowed to run as individuals in single mandate districts. In June
the court extended the ban on Dashnak party activities for 1 more year.
The court held that the Dashnak party charter continued to violate the
law on parties.
Simultaneous with the suspension of the Dashnak party, the offices of
the Union of Constitutional Rights, which was located in the same
building as the Dashnaks, were sealed.
After protests, the Government provided alternative temporary office
space so that the Union could continue its work. Other political
parties were subjected to pressure prior to the July parliamentary
elections. The authorities accused several leaders of the National
Democratic Union party of plotting to overthrow the State and summoned
them to appear for questioning. The Government did not follow through
on these accusations and question these persons.
Public demonstrations, meetings, and marches occurred frequently,
usually without any interference by the authorities. However, a
significant instance of government interference occurred in June, when
several hundred people belonging to opposition parties assembled to
protest the electoral commission's decision not to register a number of
opposition parties and over 500 opposition candidates for the July
parliamentary elections. About 40 paramilitary troops equipped with
guns and handheld radios broke up the meeting and beat some of the
protesters. Some troops said that they belonged to "Yerkrapah," a
veterans' organization which reportedly is affiliated with government
security agencies. Some opposition protesters were arrested by militia
troops. The authorities took no actions against the paramilitary forces
or those who directed them.
c. Freedom of Religion
The Constitution provides for the right to practice the religion of
one's choice. In practice, however, the law imposes restrictions on
religious freedom, and the right to freedom of conscience is not
adequately protected. The Armenian Orthodox Church clergy is known to
resent the inroads made by nonapostolic religions in recent years.
The 1991 Law on Religious Organizations establishes the separation of
church and state, but recognizes the Armenian Apostolic Church (the
Armenian Orthodox Church), to which over 80 percent of the population at
least nominally belongs, as having special status. The Law forbids
proselytizing and requires all nonapostolic religious denominations and
organizations to register with the Ministry of Justice. Petitioning
organizations must "be free from materialism and of a purely spiritual
nature" and must subscribe to a doctrine based on "historically
recognized holy scriptures." A presidential decree issued in 1993
supplemented the 1991 law and strengthened 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.
A religious organization refused registration cannot publish a newspaper
or magazine, rent a meeting place, have its own
program on television or radio, or officially sponsor the visas of
visitors to Armenia. Several nonapostolic religious organizations have
been denied registration by the Ministry of Justice.
In April paramilitary troops reportedly belonging to the Yerkrapah
veterans' organization, whose actions reportedly were cleared by high-
level government officials, staged a series of attacks against members
of a dozen nonapostolic religious groups. Services were broken up by
paramilitary troops wielding iron pipes and guns, pastors and adherents
were beaten and kidnaped, and offices were ransacked and equipment
stolen. Several victims were rushed to the hospital. About 20
adherents were held for several days or weeks at a military police
facility before being released. When asked why they were being held,
the commandant told the detainees that it was because of their religious
beliefs. The attacks were tacitly abetted by months of articles
critical of the groups in both the official and nonofficial press.
Despite the Government's pledge to apprehend the perpetrators of these
attacks and despite numerous eyewitness accounts, to date the
authorities have made no arrests in these cases.
d. Freedom of Movement within the Country, Foreign Travel,
Emigration, and Repatriation
The Constitution provides for freedom of movement within the country,
foreign travel, emigration, and repatriation, but places restrictions on
some of these rights. According to informed estimates, up to one-third
of Armenia's population has temporarily or permanently emigrated during
the last 6 years. Passports are denied to persons lacking invitations
from the country that they wish to visit, those possessing state
secrets, and those whose relatives have made financial claims against
them. The Soviet-era Office of Visas and Registrations continues to
impede travel and emigration through delays and the creation of various
bureaucratic obstacles, including a requirement for "exit permission."
Virtually the entire ethnic Azeri population of Armenia prior to
independence--some 200,000 people--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. Of the 400,000 ethnic Armenian
refugees who fled Azerbaijan, less than 50,000 have settled in Armenia.
According to the Constitution, the President has the power to grant
political asylum. No laws on refugees have been passed by Parliament
and the status of refugees has not been accepted yet. Existing programs
and regulations are all based on executive orders. Currently, there is
a five-year state program on refugees (1994-99). The program's goal is
to help the refugees integrate into the community. This program deals
exclusively with refugees of Armenian nationality who have fled states
in the region.
Section 3 Respect for Political Rights: The Right of Citizens to
Change Their Government
The Government's manipulation of the parliamentary elections and the
constitutional referendum restricted the ability of citizens to choose
and change the laws and officials that govern them.
Local and international observers described the national parliamentary
elections in July as "generally free, but not fair." The Central
Electoral Commission (CEC) and the regional electoral commissions that
administered the elections and the constitutional referendum were
stacked with ruling party loyalists. In addition to the Government's
suspension of the Dashnak party, the CEC used an ambiguous electoral law
to deny registration to several other opposition parties or blocs and
over 500 opposition candidates on minor technicalities. The CEC ruled
on many cases shortly before election day, thereby denying some
candidates a fair chance to appeal the CEC's decision. The Government
also used its monopoly of the media to devote extensive coverage to a
campaign to adopt the draft constitution and deny equal time to
dissenting views. Opposition parties had limited access to government
media, and media coverage of the constitutional referendum options was
skewed. On the positive side, the electorate actively participated in
the polling. Several opposition parties did mount credible campaigns
and were able to seat some deputies in the new Parliament.
Local and international observers expressed concern about outdated voter
registration lists, voter intimidation in some districts, poor ballot
security, and the lack of transparency during the final vote count by
the CEC. The subcommittees of the CEC that counted the votes on the
constitutional referendum comprised only representatives of the
progovernment parties; all opposition members of the CEC were assigned
to a separate subcommittee that was dispatched to outlying regions, and
were not able to return to Yerevan when the session to count referendum
votes was suddenly announced. Also, the progovernment majority on the
CEC regularly voted down opposition appeals concerning the fairness of
the voting.
In general, local and international observers had good access to polling
sites, and local election officials made conscientious efforts to adhere
to proper polling procedures. Registered opposition parties and
candidates were given limited free access to government media and some
were able to mount credible campaigns. Some Dashnak party members were
allowed to run as independent candidates.
Under the new Constitution, the President appoints the Prime Minister
and has considerable influence in appointing judges. The Constitution
provides for independent legislative and judicial branches, but in
practice these branches are not insulated from political pressure from
the executive branch. The Constitution gives local communities the
right to elect local authorities, but stipulates that the Government
appoints regional governors, and the President appoints the Mayor of
Yerevan. Under the transitional provisions of the Constitution, the
Parliament (National Assembly), has the right to express no confidence
in the heads of city and regional councils, until a law on local
governance is adopted.
The National Assembly is to operate as a part-time institution for the
duration of its first term. Approximately one-third of the
parliamentarians have been designated full-time deputies. Parliament
also has a truncated work schedule for its first term. Sessions may be
called, but may not last more than 6 days.
Women and minorities play a very limited role in government and
politics, largely due to traditional social attitudes. There are no
women or minorities in cabinet-level positions, and only 12 of the 190
deputies in the Parliament are women. Out of the Parliament's six
committees, the Committee on Health, Social Security, and Environment is
headed by a woman.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human Rights
There are several fledgling nongovernmental human rights organizations.
The Government generally does not impede investigations into alleged
violations of human rights by either local or international human rights
organizations, but it has impeded independent monitoring of prison
conditions. The Government did not cooperate with the ICRC in the case
of Artavazd Manukhyan (see Section 1.c.).
The Government granted the ICRC access to all prisoners of war and
civilian detainees held in the Nagorno-Karabakh conflict.
Section 5 Discrimination Based on Race, Sex, Religion, Disability,
Language, or Social Status
Discrimination based on race, sex, religion, disability, language, or
social status is prohibited by the Constitution, but cultural and
economic factors prevent women, ethnic and religious minorities, and
persons with disabilities from participating fully in public life.
Women
In 1995 25 rape cases were opened, but statistics are not yet available
on the number of convictions. It is virtually certain that many more
incidents go unreported. No charges of spouse abuse were filed.
Armenia remains a male-dominated society. In the workplace, women are
generally not afforded the opportunities for training and advancement
given to men. The 1992 law on employment prohibits discrimination in
employment, but the extremely high unemployment rate makes it difficult
to gauge how effectively the law has been implemented to prevent
discrimination.
Children
The Government does not have the economic means to provide fully for the
welfare of children. The Government focuses its efforts on children's
rights and welfare on measures to insulate large families--four or more
children--from the effects of the country's current difficult
circumstances. The Government similarly targets foreign humanitarian
aid programs at large families. The family tradition in Armenia is
strong, and child abuse does not appear to be a serious problem.
People with Disabilities
There is no discrimination against disabled persons in employment,
education, or in the provision of other state services. The
Constitution provides for the right to social security in the event of
disability. The 1993 Law on Invalids provides for the social,
political, and individual rights of the disabled, but does not mandate
the provision of accessibility for the disabled. The Government's
enforcement of the rights of the disabled remains rudimentary.
National/Racial/Ethnic Minorities
The Government does not discriminate against the small communities of
Russians, Jews, Kurds, Yezids, Georgians, Greeks, and Assyrians in
employment, housing, and health services. The Constitution grants
national minorities the right to preserve their cultural traditions and
language, and a 1992 law on language provides linguistic minorities with
the right to publish and study in their native language. There are
publications in minority languages, but the Government has not devoted
sufficient resources to organizing minority language schools. In
practice, virtually everyone, including members of the Yezid, Greek, and
Jewish communities, speaks Armenian.
Section 6 Worker Rights
a. The Right of Association
The Constitution provides employees with the right to form and join
trade unions and the right to strike. The Constitution stipulates,
however, that the right to form associations--
including political parties and trade unions--may be limited with
respect to persons serving in the armed services and law enforcement
agencies. A January 1993 presidential decree prohibits the Government
and other employers from retaliating against strikers and labor leaders.
In practice, labor organizations remain weak due to high unemployment
and stalled industry. Unions are free to affiliate with international
organizations.
b. The Right to Organize and Bargain Collectively
Collective bargaining is not practiced. The Government sets wages, and
the Constitution provides all citizens with the right to a just wage no
lower than the minimum set by the Government. Although the 1992 Law on
Employment provides for the right to organize and bargain collectively,
voluntary and direct negotiations do not take place between unions and
employers without the participation of the Government because nearly all
enterprises, factories, and organizations remain under state control.
The Government encourages profitable factories to establish their own
pay scales. Factory directorates generally set the pay scales, without
consultation with employees. Wage and other labor disputes are
adjudicated through the Arbitration Court.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor
The Constitution and the 1992 Law on Employment prohibit forced labor,
and it 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
Child labor is not practiced. According to the 1992 Law on Employment,
16 years 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. 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 Government sets the minimum wage by decree. In May the daily
national minimum wage was set at $1.30 (540 drams) per month. The
standard legal workweek is 41 hours.
Given the cost of living, employees paid the minimum wage cannot support
either themselves or their families on their pay alone. The
overwhelming majority of Armenians live below the officially recognized
poverty level 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 resulting blockade and disruptions in trade.
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.
The Constitution provides citizens with the right to clean and safe work
places, but 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." Workers cannot remove themselves from hazardous
conditions without risk of loss of employment.
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