European Commission against Racism and Intolerance Recomendations for Armenia

International legal instruments

7. ECRI reiterates its recommendation that Armenia make a declaration under Article 14 of the Convention on the Elimination of All Forms of Racial Discrimination. ECRI also reiterates its recommendation that Armenia ratify the European Convention on Nationality, the European Convention on the Legal Status of Migrant Workers, the European Convention on the Participation of Foreigners in Public Life at Local Level and the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families.

Constitutional provisions and other basic provisions

15. ECRI strongly recommends that the Armenian authorities pass, as soon as possible, a law on national minorities that fully takes into account relevant national and international legal norms, principles and concepts. ECRI further recommends that the Armenian authorities continue to work with national minorities on the current draft law on national minorities and that it take into account their concerns and suggestions concerning this law in order to reach as wide a consensus as possible.

- Law on citizenship

18. ECRI recommends that the Armenian authorities establish a swift and effective procedure for relinquishing Armenian citizenship in order to enable those who do not wish to have dual citizenship to acquire that of another State without incurring the risk of being prosecuted for, inter alia, draft evasion.

19. ECRI strongly recommends that any legislation passed in order to provide for dual citizenship not be discriminatory on ethnic or any other such grounds and it thus urges the Armenian authorities to implement Article 11 (3) of the amended Constitution carefully to that end.

Criminal law provisions

25. ECRI recommends that the Armenian authorities ensure that judges, prosecutors and lawyers are trained on the implementation of the new hate crime provisions in the Criminal Code. ECRI further recommends that the Armenian authorities take measures to raise public awareness of these provisions and in particular among national minorities.

Civil and administrative law provisions

28. ECRI reiterates its recommendation that the Armenian authorities pass a comprehensive body of civil and administrative provisions prohibiting racial discrimination in areas such as employment, housing, education, access to public services and places. To that end, ECRI recommends that the Armenian authorities draw their inspiration from its General Policy Recommendation No.7 on national legislation to combat racism and racial discrimination.16

29. ECRI further recommends that the Armenian authorities carry out research on the situation of ethnic minorities in areas such as employment, housing and education in order to evaluate and address any discrimination they may face.

Administration of justice

34. ECRI recommends that as part of the planned reform of the judiciary, the Armenian government include compulsory training for judges on national and international norms relating to racism and racial discrimination and that this training be further provided to them on an on-going basis. Furthermore, ECRI recommends that the Armenian authorities ensure that the police, lawyers and prosecutors also receive basic and on-going training on these issues.

- Co-ordination Council of Ethnic Minorities

43. ECRI recommends that the Armenian authorities ensure that the Human Rights Defender’s office is allocated sufficient human and financial resources to enable it to function to its full capacity. It also recommends that any restructuring of the work and functions of this office take into account issues pertaining to racism and racial discrimination. ECRI further recommends that the Armenian authorities ensure that the Human Rights Defender’s office continues to work with national minorities on issues of interest to them and that it carry out awareness-raising campaigns to make its work better known by the general public and by national minorities in particular.

44. ECRI recommends that the Armenian authorities continue to provide the Department of Minorities and Religious Affairs with sufficient powers and resources to enable it to carry out its mandate to the fullest. ECRI also recommends that the Armenian government continue to ensure that national minorities are fully consulted by the Department and that their input is taken into consideration whenever decisions and initiatives of concern to them are conceived and implemented.

45. ECRI recommends that the Armenian authorities ensure that the Co-ordination Council of Ethnic Minorities plays a more proactive role in its work with national minorities.

Education and awareness-raising

- School education

50. ECRI recommends that teachers be provided with initial and on-going training in teaching issues concerning racism and racial discrimination.

51. ECRI reiterates its recommendation that the Armenian authorities ensure that history and other subjects are taught in a comprehensive and inclusive manner and that any compulsory component of the school syllabus takes into account the diversity of the pupils.

Reception and status of non-citizens

- Asylum seekers and refugees

62. ECRI recommends that people who have been provided with temporary asylum in Armenia be given financial assistance until they have found means to fend for themselves.

63. ECRI recommends that the Armenian authorities establish a program for providing all border guards with initial and on-going training on the 1951 Convention relating to the Status of Refugees, the Law on Refugees as well as all other international and internal legal norms concerning asylum seekers and refugees. ECRI also recommends that UNHCR and any other non-governmental organisation working on issues pertaining to refugees and asylum seekers be given access to points where people are likely to submit an application for asylum, including Yerevan airport.

64. ECRI recommends that the Armenian authorities improve the living conditions in the Yerevan Reception Centre.

65. ECRI recommends that the Armenian authorities continue their efforts to integrate into society refugees who fled the Nagorno-Karabakh conflict, especially in the employment and housing sectors. ECRI further recommends that measures be taken to provide these refugees with Armenian language lessons in order to facilitate their integration into the Armenian labour market.

Access to public services

- Access to education

70. ECRI recommends that the Armenian authorities continue its programs for training minority teachers. ECRI also recommends that the Armenian authorities facilitate national minorities’ access to higher education by, inter alia, providing for positive measures to that effect.

71. ECRI recommends that the Armenian authorities continue to publish textbooks for minority children at all stages of the school system and that they do so consistently. ECRI further recommends that the Armenian authorities ensure that all textbooks published in minority languages correspond to the Armenian syllabus.

72. ECRI recommends that the Armenian authorities continue to provide bilingual and Russian classes. It recommends in this regard that the teaching methods and books used in those classes be

Jewish community

76. ECRI recommends that the Armenian authorities continue to combat antisemitism in all in its forms by, inter alia, applying the relevant norms of the Criminal Code where necessary. ECRI recommends on this issue, that the Armenian authorities continue to work with representatives of the Jewish community. In this regard, ECRI draws the Armenian authorities’ attention to its General Policy Recommendation No. 9 on the fight against antisemitism.

Vulnerable groups

- Yezidi community

- National minorities

83. ECRI reiterates its recommendation that the Armenian authorities find ways of ensuring that national minorities are represented in the country’s political and public life.

84. ECRI recommends that the Armenian authorities continue to consult and involve national minorities in decisions and initiatives which concern them and that they ensure a continued dialogue with minority representatives on this point.

85. ECRI further recommends that the Armenian authorities continue to provide funding to national minority initiatives and that they assess with minority representatives the needs of their communities in order to ensure that they are met. ECRI also recommends that the Armenian authorities ensure that national minorities who have no kin State are able to benefit from sufficient financial assistance.

Media

88. ECRI recommends that the Armenian authorities continue to strive for greater minority presence both in the audiovisual and printed media in accordance with, inter alia, the Law on Television and Broadcasting. ECRI further recommends that measures be taken to examine and, as appropriate, address complaints made by minorities regarding their under-representation in the media.

Climate of opinion

90. ECRI recommends that the Armenian authorities continue to foster good relations between national minorities and the rest of the population, by inter alia, providing public fora for intercultural exchanges and, as appropriate, awareness raising for public officials.

Conduct of law enforcement officials

96. ECRI reiterates its recommendation that the Armenian authorities provide basic and on-going training to the police on issues concerning racism and racial discrimination.

97. ECRI reiterates its recommendation that the Armenian authorities ensure that an independent mechanism for dealing with complaints of police misconduct is established. ECRI further recommends that the Armenian authorities investigate any allegations of racial discrimination in the police force and that they continue to ensure that a diversified police force is recruited and maintained.

Monitoring the situation

100. ECRI reiterates its recommendation that the Armenian authorities establish and implement a system of ethnic data collection to assess and redress any racial discrimination that may exist in the country, in full compliance with all relevant national laws as well as European and international regulations and recommendations on data protection and the protection of privacy, as stated in ECRI’s General Policy Recommendation No.1 on combating racism, xenophobia, antisemitism and intolerance. The Armenian authorities should ensure that data collection is carried out with full respect for the anonymity and dignity of the people involved and in accordance with the principle of full consent. Furthermore, the data collection system on racism and racial discrimination should take into consideration the gender dimension, particularly from the viewpoint of possible double or multiple discrimination.

The Nagorno-Karabakh conflict

103. ECRI recommends that the Armenian authorities continue to fulfil the undertaking given upon its accession to the Council of Europe to “pursue efforts to settle [the Nagorno-Karabakh] conflict by peaceful means only, to use its considerable influence over the Armenians in Nagorno-Karabakh to foster a solution to the conflict, and to settle international and domestic disputes by peaceful means and according to the principles of international law […], resolutely rejecting any threatened use of force against its neighbours”.

104. ECRI further recommends that the Armenian authorities take measures to raise public awareness of the benefits of a peaceful solution to the Nagorno-Karabakh conflict and to foster mutual understanding.

II. SPECIFIC ISSUES

Yezidi community

110. ECRI calls on the Armenian authorities to review the issues relating to Yezidi land, water and grazing rights and in the process to ensure a fair and equitable land acquisition procedure for members of the Yezidi community.

111. ECRI urges the Armenian authorities to investigate allegations of unfair land allocation and treatment against the Yezidi community in Zovuni. It also recommends that the Armenian authorities ensure that complaints raised by Yezidi in this village concerning their living conditions are duly examined.

112. ECRI strongly recommends that the Armenian authorities ensure that any allegations of police misconduct and mistreatment in the army against members of the Yezidi community are investigated and that those found guilty of such acts are punished. ECRI further recommends that a system of collecting disaggregated statistics be established in order to assess the existence, if any, of discriminatory behaviour or practice within the police and the army.

117. ECRI recommends that the Armenian authorities continue to publish Yezidi textbooks for children at all levels of the school system and that they work closely with members of the Yezidi community on this matter.

118. ECRI recommends that the Armenian authorities take measures to combat any harassment suffered by Yezidi children by, amongst others, raising teachers’, parents’ and children’s awareness of the gravity of this type of behaviour and by ensuring that appropriate action is taken towards children involved in these acts. ECRI further recommends that the Armenian authorities continue their dialogue with Yezidi representatives on the best manner of ensuring an equal, all inclusive access to education for Yezidi children.

119. ECRI also recommends that the Armenian authorities continue to ensure that solutions are found for providing Yezidi children with educational opportunities which fall within their lifestyle.

120. ECRI recommends that the Armenian authorities continue to take measures to train and recruit minority teachers in general and from the Yezidi community in particular. It recommends in this regard, that the Armenian authorities carry out awareness-raising measures to that end and that they continue their dialogue with Yezidi representatives on this question.

124. ECRI recommends that the Armenian authorities investigate and address any complaints of lack of interest or inadequate service provision by the authorities where the Yezidi community is concerned and that they keep the issue under review.

Law on Alternative Service

128. ECRI recommends that the Armenian authorities review both the substance and implementation of the Law on Alternative Service to ensure that it fulfils its commitments to the Council of Europe by providing a genuine opportunity for conscientious objectors to perform an alternative civilian service.

129. ECRI further recommends that those who have refused to perform the alternative civilian service not be prosecuted and imprisoned, but that they be given an opportunity to perform their duty to society in conditions which are in line with their conscientious objection to military service.


Note: Above are excerpts from the article. The full article appears here. Clarifications and comments by me are contained in {}. Deletions are marked by [...]. The bold emphasis is mine.