Experts of the Committee on the Elimination of Racial Discrimination Commend Armenia’s National Human Rights Strategy, Ask about Anti-Discrimination Legislation and Access to Education for Minority Groups
The Committee on the Elimination of Racial Discrimination today concluded its consideration of the combined twelfth to fourteenth periodic report of Armenia, with Committee Experts commending the State’s national human rights strategy, and asking questions on progress made in adopting anti-discrimination legislation and access to education for the Yezidi and other minority groups.
Yeung Kam John Yeung Sik Yuen, Committee Expert and Country Rapporteur, commended the State party on setting up the National Strategy on Human Rights Protection and the adoption of an action plan which was renewed to cover the years 2020 to 2022. Had the action plan been renewed to cover subsequent years?
Despite numerous recommendations from the Committee, draft anti-discrimination legislation had yet to be adopted, the Expert noted. A draft law on national minorities was also developed in 2019 but had yet to be adopted. What progress had been made in this regard?
Chinsung Chung, Committee Expert and Country Co-Rapporteur, said that the attendance rate at Yezidi schools was much lower than average, and there was a lack of availability of preschool education in the Yezidi language. What measures were in place to ensure access to quality education for minority groups, including in minority languages?
Introducing the report, Vahan Kostanyan, Deputy Foreign Minister of Armenia and head of the delegation, said the National Strategy for the Protection of Human Rights and its related action plan for 2023-2025 was currently being implemented. It helped to protect vulnerable groups and covered freedom of peaceful assembly and the fight against hate speech and discrimination.
In recent years, Armenia had been facing significant challenges, including the influx of Nagorno-Karabakh Armenians in 2020, the attacks on the State in 2021 and 2022, and the forced displacement of Nagorno-Karabakh Armenians in 2023, Mr. Kostanyan said. More than 115,000 Nagorno-Karabakh Armenians were forcibly displaced and had found refuge in Armenia. The Government had made significant efforts to address the needs of refugees from Nagorno-Karabakh.
Mr. Kostanyan said the draft law on national minorities was being amended to align with international best practices. In 2024, it was submitted to the Venice Commission. A draft law on ensuring equality had also been developed that promoted the exercise of rights and freedoms without discrimination. The Government aimed to adopt it by the end of 2024. In 2023, 941 textbooks had been published in national minority languages. As part of the Armenian Government’s project to build 300 schools and 500 kindergartens, a kindergarten for 144 students was being constructed in Alagyaz, the largest Yezidi community in Armenia.
The delegation added that a special provision had been adopted related to compensation of transport costs for students and teachers living in remote communities. Yezidi families could choose to send their children to schools that taught in Yezidi, and there were electronic textbooks developed for all minorities, including textbooks in Yezidi, Kurdish and Syrian languages.
In concluding remarks, Mr. Yeung Sik Yuen said that the delegation was aware of the measures that needed to be taken to better implement the Convention. The Committee expected the State and its people to reap the benefits of compliance. The Expert wished for Armenia and its neighbour Azerbaijan to enjoy peace and love.
Mr. Kostanyan, in concluding remarks, said the Government was taking a whole-of-society approach to addressing issues related to the Convention. The Armenian Government was committed to strengthening human rights protections in the State.
The delegation of Armenia consisted of representatives of the Ministry of Education, Science, Culture and Sport; Ministry of Foreign Affairs; Office of the Deputy Prime Minister; Ministry of Justice; Ministry of Internal Affairs; Office of the Representative on International Legal Matters; and the Permanent Mission of Armenia to the United Nations Office at Geneva.
The Committee will issue its concluding observations on the report of Armenia after the conclusion of its one hundred and fourteenth session on 13 December. The programme of work and other documents related to the session can be found here. Summaries of the public meetings of the Committee can be found here, while webcasts of the public meetings can be found here.
The Committee will next meet in public on Tuesday, 3 December at 3 p.m. to consider the combined twenty-third and twenty-fourth periodic report of Greece (CERD/C/GRC/23-24).
Report
The Committee has before it the combined twelfth to fourteenth periodic report of Armenia (CERD/C/ARM/12-14).
Presentation of Report
VAHAN KOSTANYAN, Deputy Foreign Minister of Armenia and head of the delegation, said the Government of Armenia was committed to continuing working towards the protection and promotion of human rights based on the principles of universality, indivisibility, equality and non-discrimination, ensuring the enjoyment of all human rights in all fields of public life. In recent years, the State had been facing significant challenges, including the COVID-19 pandemic, the influx of Nagorno-Karabakh Armenians in 2020, the attacks on the State in 2021 and 2022, and the forced displacement of Nagorno-Karabakh Armenians in 2023.
These acts had been accompanied by various online and offline campaigns of hate speech and orchestrated anti-Armenian narratives. The influx of forcibly displaced persons highlighted the need to address the humanitarian emergency. As a result of the military offensive and ethnic cleansing, more than 115,000 Nagorno-Karabakh Armenians were forcibly displaced and found refuge in Armenia. The Government had made significant efforts to address the humanitarian emergency and the needs of refugees from Nagorno-Karabakh, including through voluntary commitments at the 2023 Global Refugee Forum.
Over the past five years, Armenia had joined several human rights instruments, including the Optional Protocol to the Convention on the Rights of Persons with Disabilities, the Optional Protocol to a communications procedure to the Convention on the Rights of the Child, and the Second Optional Protocol to the International Covenant on Civil and Political Rights. Armenia had also become a State party to the Rome Statute.
Armenia continued to develop and implement action plans and strategies in various spheres of human rights such as the fight against corruption, the fight against trafficking, the protection of the rights of children, the protection of people with disabilities, gender equality, and others. The National Strategy for the Protection of Human Rights and its related action plan for 2023-2025 was currently being implemented. It helped to coordinate responses to certain challenges to protect vulnerable groups and covered freedom of peaceful assembly and the fight against hate speech and discrimination. The national mechanism for reporting, implementation and follow-up was recently established to institutionalise cooperation with civil society.
Armenia was dedicated to fostering cultural tolerance and dialogue. It had established the National Minority Day in its list of public holidays. In 2024, 3 August was designated as a commemoration day for the victims of the 2014 Sinjar Yezidi Genocide. Integration and inclusion policies concerned linguistic and religious minorities, refugees and asylum seekers. The draft law on national minorities was being amended to align with international best practices. In 2024, it was submitted to the Venice Commission. A draft law on ensuring equality had also been developed that promoted the exercise of rights and freedoms without discrimination. The new audiovisual media law, which entered into force in 2020, explicitly prohibited the broadcasting of programmes that aimed to promote discrimination based on national, racial, gender or religious grounds.
The education system was undergoing large scale reforms. In 2023, 941 textbooks had been published in national minority languages. As part of the Armenian Government’s project to build 300 schools and 500 kindergartens, a kindergarten for 144 students was being constructed in Alagyaz, the largest Yezidi community in Armenia. The State budget allocated financial resources for educational programmes, textbook publishing and pedagogical training, and for non-governmental organizations representing ethnic communities. The Government was also hiring specialists who could teach minority languages in public schools.
The new Criminal Code contained anti-discrimination and hate crime provisions in an open list of protected grounds, including race, skin colour, belonging to an ethnic minority, religion and “other circumstances of a personal and social nature”. In September 2024, the State party adopted a law setting the minimum age for marriage at 18, without exceptions.
The legal basis for renaming geographical objects was regulated by State legislation. The preservation of the traditions and heritage of national minorities in Armenia was a priority in the standardisation of geographical names. The Government had also increased direct budgetary support in order to ensure the sustainable socio-economic development of ethnic minorities. It was important to protect national minority groups from threats to their existence and practices. Armenia acknowledged the crucial role of cross-border interaction in fostering intercultural dialogue; preserving historical, civilisational and cultural heritage; and ensuring stability, peace and sustainable economic development in the region.
Questions by a Committee Expert
YEUNG KAM JOHN YEUNG SIK YUEN, Committee Expert and Country Rapporteur, asked about measures the State party had taken to harmonise the domestic legal framework with the Convention. Could the delegation provide information on the application of the Convention by the courts? The Committee commended the State party on setting up the National Strategy on Human Rights Protection and the adoption of a 2017-2019 action plan which was renewed to cover the years 2020 to 2022. Had the action plan been renewed to cover subsequent years?
A draft law on national minorities was developed in 2019 but had yet to be adopted. Why had it been delayed? An amended version was finally sent for consideration this year. Concerns had been raised that the law did not effectively address the participation of all minorities in cultural, social and economic life and in public affairs; that its list of minorities was reductionist; and that Udins had been excluded from the Council on National Minorities. What was the law’s status? Was the selection of members for the Council cumbersome considering its large composition?
Despite numerous recommendations from the Committee, draft anti-discrimination legislation had yet to be adopted. What progress had been made in this regard? The Committee was concerned about the lack of legislation specifically criminalising racist organizations and participation in such organizations. Would the State party enact such legislation? Would the State party ask the Venice Commission to review its draft anti-discrimination law? Yezidis considered the fact that some of their villages had no roads or running water as indirect discrimination. Were there provisions in Armenian domestic law that specifically banned indirect discrimination?
The Office of the Human Rights Defender had “A” status under the Paris Principles and its financing was guaranteed by State legislation. What was its yearly budget and how many staff did it employ? What renumeration did the Defender receive? The Defender had reportedly faced challenges in addressing complaints of discrimination due to the lack of anti-discrimination legislation. How many individual complaints of discrimination had the Defender received over the past five years? Had any of these been assessed by a court?
There was no comprehensive framework for teaching issues relating to discrimination and hate speech in schools. This could hinder anti-bullying action and incidents of harassment could be under-reported. How was the State party addressing this shortcoming? Although the school curriculum addressed human rights and historical violations, education on Soviet-era abuses and post-1911 State crimes was reportedly insufficient. How would the State party ensure that the teaching of human rights and history was not distorted for political gains?
A memorial complex was erected in Yerevan in 1967 to the memory of the 1.5 million Armenians who perished in 1915 and 1916 in deportations and mass killings. Did the complex also have memorials of victims of the Armenian authorities? Armenia had recognised “genocides against the Yezidis and Assyrians.” Who were the authors of these genocides? How did school curricula and public memorials address all aspects of history and encourage an atmosphere of tolerance and human rights without discrimination? Was training on human rights for the public sufficient? In 2023, the Human Rights Defender and staff carried out many activities in the field of human rights education. Were there grassroots awareness programmes on human rights and the Convention, including those reaching ethnic minorities?
Responses by the Delegation
The delegation said the human rights action plan for the period of 2023 to 2025 had been adopted and was being implemented. There were difficulties regarding the translation of some Armenian terms such as “national minorities” into English, leading to confusion regarding the meaning of the term in legislation. Some of the comments made by the Expert concerning historical human rights violations were incorrect.
The Government had the political will to promote the adoption of the draft national minority law. It had been sent to Parliament. This law was sensitive and needed to be properly discussed by the public. The Government also aimed to adopt the equality law by the end of 2024. Policies were in place to promote equal opportunities in the workplace.
Progress had been made in implementing all but one of the National Action Plan on Equality and Human Rights. One key outcome of the Plan was the submission of the draft law on equality to Parliament, which had been reviewed by the Council of Europe. It provided an open-ended list of protected characteristics and addressed multiple forms of discrimination. Under the National Action Plan, training programmes on human rights had been developed for public officials, and anti-discrimination campaigns had been developed. Measures had also been implemented to protect the rights of displaced and missing Nagorno-Karabakh persons.
The new Criminal Code criminalised hate speech and discrimination against persons based on their ethnicity, nationality and other characteristics. The dissemination of materials inciting hate speech was also prohibited and legal entities could be held criminally liable.
The Council of National Minorities functioned as a chief advisor to the Prime Minister. Its composition and the procedure for appointment of its members had not been changed since its establishment in 2019. The amount of money distributed to minorities had recently been increased by the Council. The Council was responsible for considering issues affecting national minorities, considering complaints written by them, and promoting education on national minorities, among other topics.
The Human Rights Defender was established as a constitutional body. The Defender was mandated to monitor and protect human rights, facilitate the restoration of human rights, and to assess legislation related to human rights. The Defender, an independent body, cooperated with the Constitutional Court, providing briefs related to cases involving human rights. Annual State budget allocations to the Defender’s Office tended to increase every year. A new building for the Defender’s Office was being constructed.
Questions by Committee Experts
YEUNG KAM JOHN YEUNG SIK YUEN, Committee Expert and Country Rapporteur, said it was unclear who committed historical incidents of interracial violence. Recently, it seemed that historical monuments were being used for inappropriate purposes. Could the delegation comment on this?
CHINSUNG CHUNG, Committee Expert and Country Co-Rapporteur, asked if the State party intended to differentiate between “national minorities” and “ethnic minorities”? Statistics on ethnic minorities appeared to be reductionist. How were they collected? Why were there no statistics on the Azerbaijani group in the State party’s report?
Other Committee Experts asked follow-up questions on whether the State party intended to recognise the ability of the Committee to receive complaints from Armenian citizens; whether history education was compulsory at all levels of education; how the judiciary ensured that individuals were able to bring complaints related to the Convention; and the extent to which principles of equality were upheld regarding the right to education.
Responses by the Delegation
The delegation said some misinformation on history was used against Armenia as a means of hybrid warfare. Truth was very important. The delegation planned to bring the issue of recognising the Committee’s ability to receive individual complaints to higher authorities. Statistics on the Azerbaijani group were not included in the report due to the security situation in the region. The State party believed that peace and stability in the region could be reached through the efforts of both States parties.
Since 2021, public education had been reformed with the support of the European Union. The education system now focused on skill development and the outcomes of graduates. There were no specific models on non-discrimination or ethnic tolerance, but knowledge of these were requirements for all graduating students. The new curriculum promoted values of democracy and social coexistence, and mitigating hate speech and intolerance. Teacher retraining was also being conducted. A cultural diversity project was being implemented to integrate national minorities into the educational system. It included intercultural dialogue and research activities to strengthen anti-discrimination mechanisms.
New history textbooks based on new educational criteria were being developed. History education was obligatory from the sixth grade onwards. History education took a cautious and thorough approach to examining the nation’s history.
Ethnicity was not a basis for whether groups were identified as national minorities. Armenia currently had 11 national minorities. The law on official statistics ensured that when participating in the national census, individuals had the freedom to choose their minority affiliation or to opt out of such identification. No one could be compelled to declare or relinquish their national minority status. Twelve national minority religious organizations had been registered with the State.
The provisions of the Convention were directly incorporated into national legislation. Many national acts had been adopted, including the new Criminal Code and Civil Procedural Code that implemented the Convention. The Public Defender’s Office was also in place to assist individuals to bring court cases related to the Convention.
Questions by Committee Experts
CHINSUNG CHUNG, Committee Expert and Country Co-Rapporteur, asked when the State party would publish the 2022 census in English. What was the population of small minority ethnic groups such as the Lom and Molokans? Had the State party conducted surveys on ethnic minorities to evaluate their enjoyment of rights under the Convention, as previously recommended by the Committee? Could it provide economic and social indicators on the various groups living in the territory of the State party, and statistics on early marriage?
What was the ethnic make-up of the prison population? The share of ethnic minorities in census data on the population had consistently decreased over the last 20 years. Why was this? How many of the seats in the National Assembly were reserved for women and ethnic minorities? The Committee had previously called on the State party to review the quota system to promote a greater representation of minorities. Had this recommendation been implemented?
What measures were in place to promote freedom of expression, opinion and peaceful association for minorities in the State party? Several observers had expressed concern regarding the indictment of a Yezidi activist who claimed he was expressing his opinion about the participation of Yezidis in Armenian society. Could the delegation comment on this? Why had the Committee not received submissions from civil society organizations based in Armenia? Could the delegation comment on reports of forced migration of ethnic minorities to other countries? What measures would the State party take to ensure the effective participation of all ethnic and religious groups in public life?
Did the Government collect data on the ethnic make-up of recipients of social assistance? Land use was a problem for Yezidis, who reportedly had been left out of land privatisation processes in areas where they lived. What measures would the State party take to ensure the full and equal enjoyment of economic, social and cultural rights by ethnic minorities?
The attendance rate at Yezidi schools was much lower than average. Had the State taken measures to remedy the situation? There was a lack of availability of preschool education in the Yezidi language. Were there measures to address this? What measures were in place to ensure access to quality education for minority groups, including in minority languages? What measures would the State party take to appoint more minority language teachers?
Early marriages disproportionately affected ethnic minorities. How was the State party addressing the problem? Was forced marriage a crime?
Concerns had been expressed about internally displaced persons’ limited access to protection from gender-based violence. What measures were in place to protect internally displaced women from gender-based violence and to promote their participation in the peacebuilding process? Could gender-based violence be claimed as grounds for obtaining asylum?
Responses by the Delegation
The delegation said the State party would work to publish the results of its 2022 census in English soon. It was cooperating with United Nations agencies to improve its methods of collecting statistics. Seats were reserved in the National Assembly for the largest four ethnic communities.
The Government was working to normalise relations with its neighbours and promote economic growth and the prosperity of its people. It was working on the third national action plan on women, peace and security, which would be implemented from next year, and was dedicated to increasing the number of women decision makers. Recently, three new female ministers had been appointed.
The State party was exerting efforts to construct roads and other infrastructure for settlements heavily populated by ethnic minorities. The lack of development was due not to discrimination but to the State party’s past economic situation.
A special provision had been adopted related to compensation of transport costs for students and teachers living in remote communities. Public education, including preschool education, could be organised in minority languages. The national education programme to 2030 promoted access to quality education services for all. Municipalities with high populations of national minorities received increased funding from the State budget to construct educational institutions. The delegation presented projects for the construction of schools in communities with high shares of national minority residents.
The national curriculum promoted the recognition of minority cultures and minority languages. There were almost 5,000 national minority students enrolled in public schools. Yezidi families could choose to send their children to schools that taught in Yezidi. There were electronic textbooks developed for all minorities, including textbooks in Yezidi, Kurdish and Syrian languages.
Questions by Committee Experts
FAITH DIKELEDI PANSY TLAKULA, Committee Expert and Follow-Up Rapporteur, expressed satisfaction that there were more women in the delegation than men. The Venice Commission, in its report on the draft law on national minorities, raised concern about the requirement of national minorities to be “historical minorities”. Did the State party plan to address this?
Another Committee Expert asked if there had been special investigations into claims of violations of human rights against the Azerbaijani population. What accountability mechanisms were available to investigate reports of such violations? What investigations had been carried out into reports of gender-based violence against minority women? Had the State party conducted a study into the renumeration provided to minority workers compared to other workers?
Responses by the Delegation
The delegation said Azerbaijanis who lived in Soviet Armenia left the country voluntarily. Some persons had exchanged their properties or received compensation for them. This was a politically driven issue. There were no Azerbaijani prisoners of war; 23 Armenians were being kept in captivity in Azerbaijan. The State party called for their unconditional release.
The Government was inclined to accept the recommendation of the Venice Commission concerning the definition of national minorities. The current draft law defined national minorities as groups who lived in Armenia since its founding and were actively working to preserve their culture and identity.
During last year, two criminal proceedings were lodged related to attempted murder and damage to property related to racial discrimination. Criminal charges had been issued against accused persons and these cases would soon be assessed by courts. Preliminary investigations had also begun regarding another case involving public incitement to hatred and discrimination.
The State party had developed a strategy on culture in Armenia that emphasised the promotion of the culture of national minorities. A dialect of the Greek population and a Yezidi marriage ceremony had been added to the State list of intangible cultural heritage. The State invested in projects promoting minority cultural heritage. Special festivals and cultural events were being organised to showcase minority music and culture.
Questions by a Committee Expert
YEUNG KAM JOHN YEUNG SIK YUEN, Committee Expert and Country Rapporteur, said the Action Plan on Human Rights 2020-2022 was said to include the fight against hatred and it had been envisaged to prescribe liability for hate speech. What sort of liability would it prescribe? Were there incidences in which criminal, civil and administrative liabilities were applied? The State party’s provisions relating to aggravating circumstances did not cover discrimination on the grounds of language or citizenship; there were shortcomings in data collection on hate speech and hate crimes; and intolerance toward lesbian, gay, bisexual, transgender and intersex people remained common, while sexual orientation and gender identity were not included as grounds for discrimination prohibited by the Constitution. Had any actions been taken to address these issues?
Why were there a large number of hate speech cases in which insanity was successfully claimed? What measures were in place to implement the Committee’s recommendation to promote access to justice for ethnic minorities regarding hate speech? Would the burden of proof be reversed in racial discrimination cases? How many racial discrimination cases had benefitted from legal aid?
The Committee had previously called on the State party to take measures to hold public figures who engaged in hate speech accountable and to create a separate definition and prohibition of hate crimes in the Criminal Code. What steps had been taken to conform to this recommendation?
Adversarial rhetoric against Azeris and Turks exacerbated internal divisions and conflicts in Armenia. Incidents of hate speech targeting individuals based on their ethnic or national background, or skin colour, did occur in Armenia. What measures had been adopted to prevent the misuse of national identity to justify intolerance? Only a few days ago, a Georgian national was not allowed to get off her plane in an emergency landing at Yerevan airport because of her Azerbaijani origin. What were the reasons for the non-admission of this Georgian citizen?
Pursuant to the police reform strategy and action plan, the Internal Security and Anti-Corruption Department was restructured in 2023 with the main aim of checking abuses from law enforcement officers. What effective measures had been taken to guarantee the full and equal enjoyment of civil and political rights by all ethnic groups without undue harassment from the security sector? Would sanctions be issued against police officers found to have committed violations?
There was weak participation from Armenian civil society in the review of the present report. Was civil society still subdued? Did they fear being threatened if they spoke against the Government?
Responses by the Delegation
The delegation said Armenia was engaged in fighting hate speech and hate crimes and creating a conducive environment with its neighbours. Claims of threats by the State against non-governmental organizations were groundless. Non-governmental organizations fully realised their rights in Armenia. It was possible that domestic non-governmental organizations were satisfied with Government policies, and hence had not submitted alternative reports. The Government valued the oversight provided by civil society.
Concerning the incident involving a Georgian national, when the plane made an emergency stop in Armenia, the Georgian national did not express a desire to leave the plane.
The new Criminal Code prohibited public speech that incited intolerance and violence against groups based on their ethnicity, nationality or other characteristics. When acts were committed by a group of people, this was an aggravating circumstance. The activities of public organizations found to have incited hatred or violence could be stopped. A draft law had been developed on implementing a shared burden of proof in discrimination cases.
Since 2021, significant events had occurred in Nagorno-Karabakh, including forced displacement and ethnic cleansing of Nagorno-Karabakh Armenians. The International Court of Justice had ordered Azerbaijan to prevent public officials from engaging in racial discrimination against Nagorno-Karabakh Armenians and to prevent and punish acts of vandalism against Armenian cultural heritage in the region. Unfortunately, such acts had continued after the Court’s order. Armenia was committed to ensuring full compliance with the Convention in the region.
Under a reform strategy developed in 2022, the Ministry of Internal Affairs was created and a new policing model was implemented that involved dividing the police into “patrol police”, “criminal police” and “community police”. These reforms had led to an increase in public trust in the police.
Questions by Committee Experts
YEUNG KAM JOHN YEUNG SIK YUEN, Committee Expert and Country Rapporteur, said the Committee had repeatedly expressed concerns about non-compliance with regards to the application of article four of the Convention by Armenia, particularly the dismantling and criminalisation of groups that engaged in racist acts. This was an obligation under the Convention. The inaction by the State in this regard was concerning. In one hate speech case, charges against a person who had allegedly incited hate speech were dropped. Why was this?
Another Committee Expert said the current Prime Minister had expressed his commitment to a peace process with Azerbaijan, which appeared to be progressing well. There were, however, a number of far-right, ultra-nationalist political parties in Armenia. Was there a strategy to deal with the dangers that these groups posed against the good will of the Armenian Government?
One Committee Expert said the lack of engagement by civil society with the treaty bodies did not indicate that everything was fine. What measures would the State party take to encourage civil society to cooperate with the treaty body system?
FAITH DIKELEDI PANSY TLAKULA, Committee Expert and Follow-Up Rapporteur, said that in previous concluding observations, the Committee had called on the State party to facilitate access to justice for ethnic minorities and to inform the population about all legal remedies available to them. Only five cases of racial discrimination had been prosecuted by the courts over the current reporting period. In its next report, the State party needed to provide information about efforts to promote access to justice for minorities and on cases of racial discrimination brought before the courts.
A Committee Expert expressed concern about reports of hate crimes not being investigated by the police service. Why was this?
Responses by the Delegation
The delegation said Armenia was in the process of negotiating a peace agreement with Azerbaijan and was working to normalise relations with Türkiye. The Government was promoting wider communication to encourage a decrease in discrimination in the South Caucuses. Some paramilitary groups were no longer active, and the Government took steps when it noted criminal activities being carried out by political bodies. Dialogue was an important tool to overcoming the challenges faced by the State.
The Government was engaging with non-governmental organizations to seek feedback on its policy implementation. It was setting up a human rights evaluation and monitoring body, on which civil society would have seats. Non-governmental organizations were self-financed, and were dealing with various issues, including the needs of refugees and prisoners of war.
The protection of the lesbian, gay, bisexual, transgender and intersex community could be addressed in the draft law on equality. Armenia had two investigative bodies, the Investigative Committee, a Government body with universal jurisdiction to conduct investigations, and the Anti-Corruption Committee. Training on addressing hate speech was provided for 295 police officers in 2023, while training on racial discrimination was provided for 128 officers. Measures were in place to prevent acts of racial discrimination by the police, and there had been no reports of hate speech or racially motivated violence committed by the police in recent years.
Questions by Committee Experts
CHINSUNG CHUNG, Committee Expert and Country Co-Rapporteur, asked for statistics on migrants, asylum seekers, refugees, stateless persons and internally displaced persons. What measures were in place to protect these people and promote their access to basic resources? How did the State party prevent the criminal prosecution of refugees for irregular entry? Could asylum seekers appeal deportation decisions and did appeals have suspensive effect? Interpretation provided in asylum interviews was reportedly insufficient. What measures were in place to inform asylum seekers about the asylum process? Housing provided for refugees and asylum seekers was reportedly poor. What was the status of construction of a new asylum reception centre?
Since 2023, around 100,000 refugees had arrived from the Karabakh region. How many of these refugees did not have Armenian nationality? What was their legal status, and were they at risk of statelessness? What support had been provided to these refugees?
Did the State party plan to ratify the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families? There were reports of discrimination against foreign migrants seeking employment. How was the State party addressing this? There were concerns about a lack of legal provisions on statelessness and protections for stateless persons. What progress had been made in adopting a draft law on statelessness?
At least 4,496 people went missing in the Karabakh region in 2015 due to the conflict in the region, and the number of missing persons had increased by around 300 after the conflict in 2020. What measures were in place to locate missing persons? Would the State party exert efforts to establish to establish an independent fact-finding mission? There were claims of forced displacement from the Karabakh region. How was the State party addressing these? What measures would the State party take to conserve the cultural heritage of all ethno-religious groups on the State’s territory, including Azerbaijanis? Would the State party form a long-lasting peace agreement that provided compensation to displaced persons and reparation for the destruction of cultural artifacts?
Armenia lacked specific legislation on reparation for human rights violations. Were there plans to improve legislation on reparation? How would the State party promote the participation of ethnic minorities in all transitional justice processes?
Responses by the Delegation
The delegation said asylum seekers and refugees had equal rights and responsibilities as other foreign citizens residing legally in Armenia. They had the right to work, access to social services and State benefits, including free medical care and pensions, and access to education and scholarships. Efforts had been carried out to identify the needs of refugee children and promote their best interests. Asylum claims were considered within three months, with a possible extension of three months.
A new asylum reception centre was opened last week. It would accommodate 150 asylum seekers. These people would also be provided with financial assistance. A refugee integration programme was in place, which provided subsidies for renting apartments. Budget support was provided to interpretation services for refugees.
Following Azerbaijan’s military offensive, over 115,000 ethnic Armenians were displaced. Most of these people were women, children and persons with disabilities. Their arrival had placed strains on national resources. The Government had provided core relief items and temporary accommodation to the displaced population, and had introduced two separate cash support programmes and a rental support programme for the displaced population. Over 100,000 persons were receiving rental support. The rental support programme would continue in a targeted manner in 2025.
The Government ensured full access to health care for the affected population; over 76,000 individuals had been registered in primary healthcare institutions. Over 28,000 individuals had been integrated into the national pension system. The Government was also providing employment support programmes for refugees, which had benefitted more than 1,700 refugees. Over 25,500 forcibly displaced individuals were employed. Over 1.5 billion euros would be invested over the coming years to support refugees to purchase and pay housing costs.
Questions by Committee Experts
FAITH DIKELEDI PANSY TLAKULA, Committee Expert and Follow-Up Rapporteur, asked about the grounds on which a negative asylum decision could be appealed and who appeals could be made to. What language and civic education courses were offered to refugees? Could the State party provide examples of application of the new audiovisual media law?
Another Committee Expert asked about pushbacks at borders of asylum seekers and assessments of those persons’ needs.
One Committee Expert commended the State party on its efforts to preserve cultural monuments.
A Committee Expert paid homage to Charles Asnavour, who led a cultural renaissance in Armenia. Was there a monument to him in Armenia?
Responses by the Delegation
The delegation said the issue of missing persons was very important for Armenia. There were more than 1,000 missing Armenians. The Government was committed to addressing the situation of missing persons. Azerbaijani authorities had rejected offers to meet to discuss the situation, but Armenian authorities would continue to pursue such discussions. A draft law regulating the status and rights of missing persons and their families had been developed.
Armenia had around 25,000 cultural monuments, many of which belonged to cultural minorities. Priority was placed on protecting and reconstructing vulnerable monuments. From 2021 to 2023, the State had reconstructed or repaired more than 20 monuments, including a Persian mosque and a Russian church.
In October 2023, a refugee coordination forum was established to coordinate the efforts of State and non-governmental organizations supporting refugees. Asylum seekers had the right to appeal rejections to asylum decisions in court. Armenian language courses were provided for asylum seekers and refugees by non-governmental organizations.
The new Criminal Code of 2022 stated that persons should not be held criminally responsible for crossing the State’s border without permission if their life was in danger in another country. The draft law on equality included provisions on reparations for victims of human rights violations.
Armenia provided certification of statelessness status to all relevant persons. There had been an increase in applications for statelessness status in recent years.
In 2013, Armenia signed the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families, but the State party had not considered ratifying it as it contained provisions that did not align with the State’s general migration policy.
Closing Remarks
YEUNG KAM JOHN YEUNG SIK YUEN, Committee Expert and Country Rapporteur, said that the dialogue had been frank and cordial. The delegation was aware of the measures that needed to be taken to better implement the Convention. The Committee expected the State and its people to reap the benefits of compliance. The Expert wished for Armenia and its neighbour Azerbaijan to enjoy peace and love.
VAHAN KOSTANYAN, Deputy Foreign Minister of Armenia and head of the delegation, said the Government was taking a whole-of-society approach to addressing issues related to the Convention. The Committee needed to question the alternate reports it received and fact-check the statements made in them. These reports made statements that were being weaponised against Armenia. The Armenian Government was committed to strengthening human rights protections in the State.
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