Armenia - Fifth and Sixth Periodic Reports due in 2004 - Reports submitted by States Parties under Article 9 of the Convention [2010] UNCERDSPR 7; CERD/C/ARM/5-6 (20 July 2010)

1. The International Convention on the Elimination of All Forms of Racial Discrimination was ratified by the National Assembly of the Republic of Armenia on 23 July 1993. Pursuant to the requirement of Article 9(1) of the Convention, countries that have acceded thereto shall periodically submit a national report on the implementation of the provisions of the Convention to the UN Committee on the Elimination of Racial Discrimination. This document comprises the fifth and sixth joint periodic report submitted by the authorities of the Republic of Armenia.

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2. The Report refers, in particular, to legislative, judicial, administrative and other measures undertaken by the authorities of the Republic of Armenia for the purpose of implementing the provisions of the Convention. It has been elaborated in the light of the concerns and recommendations made by the Committee on the Elimination of Racial Discrimination resulting from the discussions of the third and fourth joint periodic report of the Republic of Armenia, which took place during the 61^st session of the Committee on 5–23 August 2002.

3. This Report has been drawn up by the inter-agency working group established by the Decision of the Prime Minister of the Republic of Armenia and coordinated by the Ministry of Foreign Affairs of the Republic of Armenia. The working group was composed of the representatives of the following governmental agencies:

4. The Office of the President of the Republic of Armenia and corresponding non-governmental organisations have also made an essential contribution to the elaboration of the report, the representatives of which participated in the round-table discussions held in September 2009 with the assistance of the Yerevan Office of the United Nations Development Programme, and submitted their observations and recommendations on the draft report. The representatives of the international organisations accredited in the Republic of Armenia also participated in the mentioned discussion.

5. 11 national minorities live side by side with the Armenians that constitute the majority of the population of the Republic of Armenia. The last census was held in the Republic of Armenia in 2001. Having regard to point 275 of the 2002 Concluding Observations (A/57/18) of the Committee on the Elimination of Racial Discrimination concerning the Republic of Armenia, the National Statistical Service of the Republic of Armenia has provided the population composition of the Republic of Armenia based on the results of the census by nationalities and urban/rural distribution, referred to in Annex 1 to this Report. Significant changes in the ethnic composition have occurred due to migration processes resulting from the developments in political, economic and social spheres. Annex 1 also presents the illustration of migration dynamics and the distribution of persons born alive and the dead by their national belonging for 2002–2008 period.

6. When in 2002 the Committee underlined the necessity for promoting the establishment of the Institute of the Human Rights Defender of the Republic of Armenia in point 285 of its Concluding Observations and providing information about the activities thereof, the Republic of Armenia had already been actively engaged in the establishment of this Institute. The Law of the Republic of Armenia “On Human Rights Defender” was adopted on 21 October 2003 and entered into force on 1 January 2004. With regard to the adoption of this Law, the Decree of the President of the Republic of Armenia of 27 April 1998 on Establishing a Human Rights Commission by the President of the Republic of Armenia was repealed by the Decree of the President of the Republic of Armenia of 19 February 2004.

7. Upon the Decree of the President of the Republic of Armenia of 19 February 2004, Larissa Alaverdyan was appointed the first Human Rights Defender of the Republic of Armenia and assumed her duties from 1 March 2004. The appointment of the Human Rights Defender by the President of the Republic of Armenia upon the consent with the political forces represented in the Parliament had been an interim solution until making amendments to the Constitution of the Republic of Armenia, which were adopted in 2005 and established the procedure for the election of the Ombudsman. During the elections held on 17 February 2006 in the National Assembly, Armen Harutyunyan received more than 3/5 of the total votes of the deputies (pursuant to Article 83.1 of the Constitution of the Republic of Armenia) and was elected the Human Rights Defender of the Republic of Armenia for a term of six years.

8. The objectives of this newly established institution are the protection and restoration of human rights and fundamental freedoms violated by state administration, local self-government bodies and other officials, as well as the establishment of guarantees for state protection of human rights and fundamental freedoms.

9. The tasks of the Human Rights Defender are the following: to raise the level of legal protection and legal assistance of an individual in the country; to contribute to the improvement of legislative assurance of human rights and fundamental freedoms and to the harmonisation of the legislation of the Republic of Armenia with universal principles and norms of the international law; to initiate a constructive cooperation between defender and authorities, defender and the society and to enhance the development of such cooperation; to provide opportunities for and access to the protection of human rights and fundamental freedoms.

10. During the first quarter of each year, the Human Rights Defender submits a report on his/her activities and on violations of human rights and fundamental freedoms during the previous year to the President, as well as executive, legislative, and judicial authorities of the Republic of Armenia; the report is presented at a sitting of the National Assembly during the spring session of the National Assembly. The Human Rights Defender also presents the report to the mass media and respective non-governmental organisations. In cases of specific issues of public resonance or of gross violations of human rights, as well as of mass occurrence of non-elimination of violations, the Human Rights Defender may make extraordinary public reports.

11. The reports of the Defender are available in Armenian and English at www.ombuds.am.

12. Cooperative relations are established between the heads of the national minority communities and the Defender’s Office. The Defender and his/her staff participate in all activities of the communities of national minorities.

13. Of few complaints pertaining to any manifestation of racial discrimination received by the Defender of the Republic of Armenia, several cases could be mentioned that were brought up by representatives of national minorities referring to ensuring education of their children in the language of their preference, as well as securing the exercise of their right to property or the right to live in a healthy environment. Some complaints are in the process of consideration, and the rest have already been solved by respective state authorities.

14. Pursuant to point 284 of the 2002 Concluding Observations, the Committee requested additional information on the specific measures and achievements of the Coordinating Council of National Minorities, as well as on the activities of the Union of Nationalities and the Centre for Settlement of Conflicts.

15. The above-mentioned structures have been rather actively engaged in the activities in the sphere of protection of the rights of the national minorities in the Republic of Armenia. Thus, the Coordinating Council for National Minorities of the Republic of Armenia was established in March 2000 at the session of national and cultural organisations of the national minorities of the Republic of Armenia. Having regard to the necessity of ensuring the security of the national minorities, of activating their inter-community relations, as well as of making the State care with regard to specific educational-cultural, legal and other problems more effective, the President of the Republic of Armenia approved, upon his executive order of 15 June 2000, the setting-up of the Co-ordinating Council for the activities of national and cultural unions of the Republic of Armenia by the Advisor to the President of the Republic of Armenia.

16. Members of the Co-ordinating Council were elected in the following manner: each of the 11 national minorities residing in the Republic of Armenia nominated two representatives who represent different organisations of each community. Where the Community has one non-governmental organisation, both members are elected from this organisation, and where the community has two or more non-governmental organisations, members of the Council are elected from representatives of various non-governmental organisations representing the community concerned.

17. Thus, the Council has 22 members. It is an advisory body which implements its activities through sittings, in accordance with the rules of procedure approved by the Council.

19. In 2000 upon the recommendation of the Council, for the purpose of providing support to educational-cultural activities of the national minorities by the Government of the Republic of Armenia, 10 million drams/AMD/ is annually allocated to organisations representing 11 communities that are members of the Council. Since 2000, the state budget is planned taking into account this amount.

20. At the end of each year, the representatives of these organisations transmit information to the Council and the Government of the Republic of Armenia on estimates and actual expenditures of activities.

21. At the beginning of each year, the list of joint activities is approved and discussed at the sitting of the Council. The representatives of 11 nationalities represented in the Council participate in the activities. Moreover, each community invites the representatives of all other ethnic communities to celebrate its national holidays. Thus, both national holidays of the Republic of Armenia and those of ethnic minorities are jointly celebrated, conferences and seminars, as well as trips for the purpose of getting acquainted with historical sites of Armenia, concerts, readings, evening events dedicated to famous figures of different nationalities, and other activities are organised.

22. In 2006, with the intermediation of the Coordinator of the Council, and upon the submission of the members of the Council, a youth group of the national minorities of the Republic of Armenia was set up which, since that year, participates with a regularly changed composition in “Baze” All-Armenian Youth Festival. The participation of the group with its originality aroused a big interest and was warmly welcomed.

23. All this allows the national minorities residing in the territory of the Republic of Armenia to get acquainted with each other’s languages, traditions, customs, rituals which, in its turn, creates an atmosphere of mutual understanding and tolerance and contributes to mutual penetration and enrichment of cultures.

24. On 4–5 November 2006, a seminar took place in Tsaghkadzor — jointly with the Department for Ethnic Minorities and Religious Affairs of the Government of the Republic of Armenia — concerning the Second Opinion of the Advisory Committee on Armenia with regard to the implementation of the Council of Europe “Framework Convention for the Protection of National Minorities” and the Council of Europe “European Charter for Regional or Minority Languages”, as well as the Draft Law of the Republic of Armenia “On National Minorities”.

25. The seminar was attended by the members of the Council, the chairpersons of national and cultural organisations, representatives of the Ministry of Education and Science of the Republic of Armenia, the Ministry of Justice of the Republic of Armenia, the Ministry of Culture and Youth Affairs of the Republic of Armenia, the National Inspectorate of Language, the Council of Public Television and Radio Company, the OSCE, the Council of Europe Office in Yerevan, the Staff of the Human Rights Defender and other persons dealing with the issues under consideration.

26. All the opinions and suggestions delivered during the seminar were discussed in detail; clarifications were made by relevant governmental agencies, and consequently, included in the corresponding documents.

27. It should be mentioned that the national minorities also actively participate in the political and social life of the country as well. Meetings with the President of the Republic of Armenia are regularly arranged, where the members of the Council directly address to the President questions of their concern. A round table was organized with the participation of the members of the Council and other members of the national minorities with regard to the amendments to the Constitution of the Republic of Armenia.

28. At the initiative of the members of the Council, a round table was also organised on “Destruction of Armenian cultural monuments in Jugha by Azerbaijanis and the state of culture of national minorities in Azerbaijan”. The national minorities of the Republic of Armenia made a declaration condemning atrocities.

29. At the initiative of the members of the Council, a press conference was convened where the representatives of the national minorities of the Republic of Armenia made a declaration regarding the on-going manifestations of racism, xenophobia and national hatred in Turkey.

30. Some members of the Council participated in the constitutional referendum of the Nagorno-Karabakh Republic as observers.

31. In Autumn 2007, the visit of the members of the Council to Artsakh was arranged during which they had an opportunity to meet the President, the Prime Minister, and the Speaker of the National Assembly of the Nagorno-Karabakh Republic, as well as to get acquainted with the sights and historical places of Artsakh.

32. A tour was organised to the Marz of Lori, where the members of Council visited, in particular, the H. Tumanyan House Museum.

33. The members of the Council visited the Jewish settlement and cemetery that have recently been discovered in the village of Yeghegis.

34. The following initiatives of the Coordinating Council are also worth mentioning:

35. “The Union of Nationalities of the Republic of Armenia” non-governmental organisation is a volunteer, self-regulatory, and self-financing non-governmental organisation, which is guided by the concepts enshrined in international instruments on human rights, as well as by the Constitution of the Republic of Armenia while exercising its activities. It does not adhere to any political movement and does not pursue political objectives.

37. The highest body of the Organisation is the General Meeting of the representatives of the national minorities, in which five representatives from each non-governmental or cultural organisation of the minorities participate. For the period between the General Meetings of the Organisation, the latter is administered by the Council of Nationalities, which is elected for a term of two years. Currently 14 non-governmental organisations of the minorities are members to the Council of Nationalities.

38. Pursuant to point 289 of the Concluding Observations, the Committee recommended that the State Party took into account the relevant parts of the Durban Declaration and the Programme of Action, when implementing the Convention in the domestic legal order, and furnished information on action plans and other measures taken to implement it at the national level.

39. The authorities of the Republic of Armenia attach high importance to the fight against any form of racial discrimination both at national and international levels. During the World Conference against Racism held in 2001 in Durban, the representative of Armenia was elected as Vice-Chairperson of the Conference while actively participating in its activities. Subsequently, starting from 2007, i.e. the beginning of preparatory activities for the Durban Review Conference held in Geneva from 20–24 April 2009, Armenia actively participated in those activities and the Permanent Representative of Armenia to the United Nations Office and Other International Organizations at Geneva was elected as Vice-Chairperson of the Preparatory Committee and guided the negotiations on the elaboration of the first draft of the final document of the conference.

40. The principles of the Durban Declaration and the Programme of Action lay at the basis of the activities of state authorities of the Republic of Armenia relating to the fight against racial discrimination. At the national level, they are taken into account in implementing both legal reforms and practical measures.

41. The Republic of Armenia has ratified a number of international instruments that protect the rights of the national minorities and ensure freedom of religion and conscience; Framework Convention for the Protection of National Minorities of the Council of Europe and Council of Europe European Charter for Regional or Minority Languages of the Council of Europe, etc., are among them. Accordingly, amendments have been made to the legislation of the Republic of Armenia, including to the Constitution of the Republic of Armenia. The Amendments to the Constitution of the Republic of Armenia aim at the protection of human rights, and the equality of all persons before the law (14.1), the protection of the human right to determine and protect his or her national belonging and identity (Article 41), the rights to freedom of thought, conscience, belief (Article 26), and religion (Article 8). The main law of the Republic of Armenia regulating activities of religious organisations is the Law “On Freedom of Conscience and Religious Organisations”.

42. The Republic of Armenia takes measures towards establishing principles of equal rights to freedom of religion and belief in the political, social and cultural life of the national minorities. Preventive measures are taken against manifestations of discrimination on the ground of racial, national or ethnic origin and religious beliefs.

43. The Department for Ethnic Minorities and Religious Affairs of the Government of the Republic of Armenia was established in January 2004. This structural subdivision participates in the drawing up of the Action Plan of the Government of the Republic of Armenia, submits recommendations on the implementation of the Plan and on making necessary amendments thereto, exercises the functions of the authorised body of the Government of the Republic of Armenia regulating the relations between the state and religious organisations as prescribed by the Law of the Republic of Armenia “On Freedom of Conscience and Religious Organisations”, as well as ensuring the protection of traditions of persons belonging to national minorities and their right to the development of language and culture.

44. Taking into consideration the fact that refugees are among those vulnerable groups that are mostly prone to various manifestations of racial discrimination, the authorities of the Republic of Armenia have taken relevant measures to prevent such phenomena.

45. The authorised state administration body on refugee affairs in the Republic of Armenia has always taken and continues taking all possible measures to guarantee the complete and equal protection of rights and freedoms to asylum-seekers and persons recognised as refugees in the Republic of Armenia as prescribed by international norms and the legislation of the Republic of Armenia. This is supported by the fact that after entry into force of the Law of the Republic of Armenia “On Refugees” in 1999, numerous amendments and supplements — through which number of provisions of the legal acts in force have been brought in line with international norms and practice — have been made to the legal acts regulating the sphere. Provisions on all forms of racial discrimination have been excluded from the legal acts concerning asylum-seekers and refugees.

46. In particular, it is worth mentioning the new Law “On Refugees and Asylum” adopted by the National Assembly of the Republic of Armenia on 27 November 2008, which had been elaborated by the Government of the Republic of Armenia in cooperation with the Armenian Office of the United Nations High Commissioner for Refugees. The new Law was adopted for the purposes of utmost compliance with the requirements of the 1951 Geneva Convention relating to the Status of Refugees and the Protocol, as well as of other international instruments.

“(a) a foreign citizen who owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political views, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside the country of his former permanent residence is unable or, owing to such fear, is unwilling to return to it;

48. Article 27 of the same law stipulates that refugees who have received asylum in the Republic of Armenia, asylum seekers and members of their families in terms of selection of their place of residence and free movement in the territory of the State avail themselves of the same rights prescribed for the citizens of the Republic of Armenia.

49. The Committee noted in its 2002 Concluding Observations (point 283), that certain provisions of the former Law of the Republic of Armenia “On Refugees” stipulated the application of restrictive measures against asylum-seekers other than ethnic Armenians who fled Azerbaijan between 1988 and 1992. In this respect it should be mentioned that neither the Law on Refugees adopted in 1999, nor the supplemented Law of 2004 provides for restrictive measures in granting a status on the ground of nationality. The new Law of the Republic of Armenia “On Refugees and Asylum” does not provide for such restrictions either, and Article 64 thereof prescribes that “Persons who fled the Republic of Azerbaijan to the Republic of Armenia in 1988–1992, as well as those who were granted a temporary asylum in the Republic of Armenia were recognised as refugees and persons granted asylum in the Republic of Armenia, where before entry into force of this Law and in the manner prescribed by the legislation of the Republic of Armenia they had received and held a valid refugee certificate and a certificate on temporary asylum accordingly, as well as their recognition as refugees and the right of temporary asylum were not terminated in the prescribed manner before entry into force of this Law”.

50. Since 1999 numerous applications for asylum in the Republic of Armenia have been received from foreign citizens and stateless persons. Persons seeking asylum in Armenia are mainly citizens of the Islamic Republic of Iran, Turkey, Pakistan, Afghanistan, Somalia and Georgia.

51. 1603 foreign citizens have sought asylum, of which 179 have claimed a refugee status. A refugee status has been granted to 24 refugees, 13 applications are in the process of consideration, and applications of the rest have been rejected.

52. A temporary asylum has been sought by 1424 persons, of which 943 are Iraqi citizens and 481 persons are citizens of other countries.

53. A temporary asylum has been granted to 811 Iraqi citizens (the majority are ethnic Armenians, three Arabs, nine Assyrians, three Christian Iraqis) and 19 citizens of other countries.

54. 241 applications are in the process of consideration, of which 122 are filed by the citizens of Georgia. Six refugees from among the citizens of Georgia are ethnic Ossetians, six are Georgians, five are Russians and the rest are Armenians.

55. There are all legal grounds in the Republic of Armenia to prevent violations of women’s rights on the grounds of gender. All current mechanisms for restoration of violated rights are available to any citizen of the Republic of Armenia, as well as to women of the national minorities. Manifestations of discrimination against women are mostly found in Yezidi and Kurdish communities, which, however, often derive from their customs, and no community allows interfering with their internal relationships. They are very conservative, and their domestic and social life, relationships between women and men, elders and children, household life and spiritual culture completely maintain their national character. In this sphere there are no differences of self-consciousness between Yezidi and Kurdish groups, which is characterised by the submission of women to men, obedience of the young to the older, and predominance of the will of parents. The corresponding state authorities of the Republic of Armenia ensure equal right to education for all, which makes it possible to reduce the negative consequences of the differentiated approach by the Yezidi and Kurdish people towards the education of boys and girls.

56. Armenia attaches special importance to the issue of protection of children. The protection of the rights of children in the Republic of Armenia is carried out through the functioning three-stage system:

57. Article 4 of the Law of the Republic of Armenia “On the Rights of the Child” enshrines that “The children shall have equal rights irrespective of their, or their parents’ or any other legal representatives’ (adopters’, guardians’ or trustees’) nationality, sex, language, faith, social origin, property or any other status, education, place of residence, circumstances of the child’s birth, health condition or any other circumstance”.

58. A relevant legislative framework has been created in the Republic of Armenia for ensuring rights and freedoms of the national minorities residing in the Republic of Armenia. For the purpose of fighting all forms of discrimination, the legal framework regulating various spheres of social life has been amended and numerous practical measures have been implemented in the recent years.

59. Point 277 of the Concluding Observations of the Committee on the Elimination of Racial Discrimination requires statistical information with regard to the cases of racial discrimination. However, due to the aforementioned measures initiated by the authorities of the Republic of Armenia, no crime on grounds of national or racial hatred has been recorded for the period 2002–2008.

60. Thus, according to Article 14 of the Constitution of the Republic of Armenia, human dignity shall be respected and protected by the state as an inviolable foundation of human rights and freedoms. During the Constitutional Reforms of the Republic of Armenia, the Constitution of the Republic of Armenia has been supplemented by Article 14.1, which particularly states:

61. “Everyone shall be equal before the law. 2. Discrimination on the ground of gender, race, colour, ethnic or social origin, genetic features, language, religion, outlook, political and other views, membership to a national minority, property status, birth, disability, age or other circumstances of a personal or social nature shall be prohibited.”

62. Article 3 of the Law of the Republic of Armenia on Citizenship prescribes that citizens of the Republic of Armenia shall be equal before the law irrespective of grounds for acquisition of the citizenship of the Republic of Armenia, nationality, race, gender, language, religion, political or other views, social origin, property or other status, are entitled to enjoy all the rights, freedoms, and obligations defined by the Constitution and laws.

63. Article 8 of the Law of the Republic of Armenia “On Penitentiary Service” also stipulates that everyone shall be equal before the law and shall be equally protected by the law without any discrimination.

64. The Criminal Code of the Republic of Armenia in its turn stipulates that direct and indirect infringement of rights and freedoms of people and citizens on the grounds of person’s national origin, race, gender, language, religion, political or other views, social origin, property or other status that caused harm to person’s lawful interests shall be punished by a fine or imprisonment.

65. On 21 December 1993, the Republic of Armenia ratified the ILO Convention No. 111 concerning Discrimination in Respect of Employment and Occupation which entered into force on 29 July 1995 and the provisions of which were reflected in relevant domestic legal acts of the Republic of Armenia.^[1]

66. The Law of the Republic of Armenia on Fundamentals of Cultural Legislation, adopted in December 2002 was of importance in organising the cultural life and solving current issues of the national minorities in the Republic of Armenia. The aforementioned law set forth a number of fundamental principles and main provisions, which also defined directions of public policy contributing to cultural development of the national minorities.^[2]

67. Taking into consideration the fact that representatives of the national minorities mainly reside in the Marzes/provinces/ of the Republic of Armenia, regional cultural development programmes take this circumstance into account. Differentiated approach is used towards each marz based on the peculiarities and problems of the national minorities residing in the given marz. Representatives of unions of the national minorities are involved in the elaboration works of the aforementioned programmes. A state programme on rehabilitation of cultural centres operating in the marzes of the Republic of Armenia is envisaged, which will also contribute to the revival of cultural life and involvement of society in cultural activities.

68. Department of State Programmes, Cultural Cooperation, Education and Science has been operating within the structure of the Ministry of Culture and Youth Affairs of the Republic of Armenia since December 2002, which, inter alia, deals with problems of the national minorities. During its operation, the Department has carried out joint activities with the unions of the national minorities. General meetings have been held in the Ministry, and relevant programmes have been drawn up.

69. The topics of human rights, national, racial minorities are included into the syllabi of courses regularly conducted in all subdivisions of the Police of the Republic of Armenia as well as into the syllabi of the Police Academy and Training Centre of the Republic of Armenia. Provisions of international and European conventions on human rights and fundamental freedoms, application thereof in everyday police activities, as well as issues relating to discrimination and intolerance against national, racial minorities are studied during the mentioned courses and lessons.

70. Within the framework of cooperation with the Council of Europe, the Council of Europe together with the Police of the Republic of Armenia organised and held a seminar on police and human rights on 1–3 April 2008 in Tsaghkadzor, where 20 police officers of the Republic of Armenia participated. Another 20 police officers of the Republic of Armenia participated in the seminar held on the same topic on 1–3 July 2008 in Yerevan.

71. The Law of the Republic of Armenia on Approval of the Discipline Code of the Police of the Republic of Armenia was adopted on 11 May 2005 and entered into force on 28 May 2005. Chapter 5 of the Law covers the code of conduct for police officers, which fosters the fight against discrimination. Moreover, Internal Security Department, operating within the structure of the Police of the Republic of Armenia, considers the cases of violations of the code of conduct by police officers, manifestation of ill-treatment by the police of citizens based on complaints received from citizens, as well as carries out official investigation based thereon.

72. There is no information on implementation of provisions of Article 3 of the Convention, since the legal system of the Republic of Armenia excludes racial segregation and no such cases have been recorded in practice.

73. The Criminal Code of the Republic of Armenia, which entered into force on 1 August 2003, touches upon, in particular, the provisions of Article 4 of the Convention. According to Article 226 (1) of the Code, actions aimed at incitement to national, racial or religious hatred or hostilities, at manifestation of racial superiority or at humiliation of national dignity are qualified as crime and are punished by a fine in the amount of two to five hundred fold of the minimum wage or by maximum of two years of correctional labour, or by 2–4 years of imprisonment. As an aggravating circumstance for part 1 of the same Article, Part 2 of Article 226 also includes the other provisions of Article 4 of the Convention; in particular, committing such actions publicly or using mass media, through exerting violence or threatening to exert such violence, through abuse of power are punished by 3–6 years of imprisonment. In addition, in Article 63 circumstances aggravating punishment and liability also include committing a crime on the ground of national, racial or religious hatred, religious fanaticism.

74. Article 392 of the Code also prescribes that “expulsion, illegal detention, enslavement, imposition of mass and regular death penalty without trial, kidnapping people that entails their disappearance, torture or cruel treatment, which are exercised based on the grounds of racial, national and ethnic belonging, political views and religion of the civil population, are punished by 7–15 years of imprisonment or by life imprisonment”.

75. In point 276 of 2002 Concluding Observations, the Committee expressed its concern with regard to the fact that the former Criminal Code of the Republic of Armenia, and in particular Article 69^[3] thereof does not comply with Article 4 of the Convention, and mentioned that the new Article 220 and successive articles of the new Criminal Code do not completely cover all the elements of Article 4 of the Convention, particularly when referring to prohibition of organisations which promote and incite racial discrimination.

76. The Criminal Code currently in force does not contain the provisions of Article 69 of the former Criminal Code. As to Article 226, a provision on prohibiting organisations, which promote and incite racial discrimination as prescribed by Article 4 of the Convention has not yet been added. However, this issue is regulated by other legal acts. Thus:

77. Article 28 of the Constitution of the Republic of Armenia defines that everyone shall have the right to association with others and to join them, though at the same time Article 47(2) envisages a restriction; in particular, “the exercise of rights and freedoms for the purpose of overthrowing the constitutional order, incitement to national, racial and religious hatred, propaganda of violence and warfare shall be prohibited”.

78. Compliance with the requirements set forth by Article 4(b) of the Convention is also guaranteed by Article 21 of the Law of the Republic of Armenia on Non-Governmental Organisations adopted on 4 December 2001, according to which in case the activity of an organisation is aimed at incitement to racial hostility, the state authorised body may lodge a claim before the court to liquidate the organisation, as well as according to Article 3 of the Law of the Republic of Armenia on Political Parties which stipulates that a union may not be recognised as a party if its Charter allows membership exclusively by professional national, racial, or religious characteristics.

79. The state, on behalf of the bodies and officials authorised by the Constitution and other laws of the Republic of Armenia, ensures equality before the law through legal, organisational, and other mechanisms without any differentiation on the grounds of race, colour, national or ethnic origin.

80. The authorities of the Republic of Armenia ensure — based on the current legal framework — equality with regard to exercising all the rights mentioned in the Convention.

81. According to Article 91 of the Constitution of the Republic of Armenia, justice in the Republic of Armenia is administered solely by the courts.

82. Equality of all before the law and the court in the Republic of Armenia is ensured through the legislation of the Republic of Armenia. As a result of adoption of the Law of the Republic of Armenia “On Making amendments and supplements to the Criminal Procedure Code of the Republic of Armenia” by the National Assembly of the Republic of Armenia, Article 6 of the Criminal Procedure Code of the Republic of Armenia stipulates that “Discrimination of rights, freedoms and duties on the ground of gender, race, colour, ethnic or social origin, genetic features, belonging to a national minority, property status, birth, disability, age or other circumstances of personal or social nature shall be prohibited.

83. The Code of the Republic of Armenia on Administrative Offences provides for examination of a case on administrative offences according to the principle of equality of citizens. Particularly, according to Article 248, “Examination of cases on administrative offences shall be carried out according to the principle of equality of all citizens before the law and the authority conducting the examination of the case, regardless of their origin, social and property status, racial or national belonging, sex, education, language, attitude towards religion, type and nature of occupation, place of residence, and other circumstances”.

84. The Constitution of the Republic of Armenia ensures the right to personal freedom and personal inviolability. A person may be deprived of his liberty in cases and manner prescribed by law. It also guarantees the right to effective legal remedies for protection of rights and freedoms of all before judicial and other state authorities.

85. The legal framework of the Republic of Armenia fully guarantees the aforementioned rights. Thus, Article 30 of the Constitution of the Republic of Armenia defines that citizens of the Republic of Armenia who have attained the age of 18 shall have the right to vote and participate in a referendum and public administration and local self-governance through the representatives chosen directly and through expression of free will. According to Article 64 of the Constitution of the Republic of Armenia, any person having attained the age of twenty five and having been a citizen of the Republic of Armenia for the preceding five years, as well as having permanently resided in the Republic of Armenia for the preceding five years and having the right to vote may be elected as a deputy.

86. Though in point 278 of 2002 Concluding Observations, the Committee expresses its concern with regard to the lack of representation of ethnic and national minorities in the National Assembly of the Republic of Armenia, those groups enjoy legal guarantees, which enable them to have representatives in the National Assembly. In addition to the aforementioned constitutional provisions, Article 3 of the Electoral Code of the Republic of Armenia, in its turn, prescribes, “Citizens with electoral rights shall have the right to elect and be elected regardless of nationality, race, gender, language, religion, political or other opinion, social origin, property or other status. Any restriction of electoral rights on the basis of the aforementioned criteria shall be prosecuted by law”. Article 4 ensures equal grounds and conditions for citizens to exercise their electoral rights.

87. According to Article 25 of the Constitution of the Republic of Armenia, “Everyone legally residing in the Republic of Armenia shall have the right to free movement and choice of residence within the territory of the Republic of Armenia”.

88. According to Article 35 of the Constitution of the Republic of Armenia, men and women of marriageable age shall have the right to marry and to found a family with the free consent of intending spouses. The spouses are entitled to equal rights as to marriage, during marriage and at its dissolution. Marital relationships are also regulated by the Family Code of the Republic of Armenia, which prohibits all forms of restriction of citizen’s rights in family relationships on the ground of social, racial, national, language or religion belonging.

89. According to Article 8 of the Constitution of the Republic of Armenia, property right is recognised and protected in the Republic of Armenia, whereas according to Article 31 everyone shall have the right to freely own, use, dispose of and bequeath the property belonging to him. The owner shall have the right to undertake at his discretion any action in connection with the property belonging to him that do not contradict the law and does not violate the rights and interests of other persons protected by law, including to alienate their property to other persons as an ownership, transfer to them the rights of use, possession and disposition of the property, as well as to pledge the property or to dispose of it in another way.

90. Property right is fully regulated by the provisions of the Civil Code of the Republic of Armenia (in particular, part 4 thereof).

91. The mentioned rights in the Republic of Armenia not only have legal guarantee, but are also ensured in practice by the corresponding state administration bodies of the Republic of Armenia.

92. Norms of the legal system of the Republic of Armenia, and in particular Articles 26–29 of the Constitution as well as the corresponding laws guarantee human and civil rights to freedom of thought, conscience, religion, opinion, peaceful assemblies and associations and freedom of expression.^[4]

93. Staff of the Government of the Republic of Armenia regulates the relationships between state institutions and religious organisations in the manner prescribed by the legislation through the Department for Ethnic Minorities and Religious Affairs.

94. The Department carries out extensive activities for raising awareness on religious rights of persons and groups, responds to the issues raised by religious organisations, and organises discussions and conferences.

95. Though the Government of the Republic of Armenia has not received complaints on racial discrimination, violation and humiliation of rights on the ground of national belonging, the national minorities of the Republic of Armenia apply to the aforementioned Department with different types of complaints, requests and proposals. Where appropriate, the employees of the aforementioned Department visit the places concerned, conduct on-site examination of the situation and apply to the competent authorities. The complaints are multiple and multifaceted. They are examined, and the applicants are informed of the solutions and results. These complaints are also published in the print media of the Republic of Armenia.

96. The booklet entitled “Freedom of Conscience, Religion and Belief; Rights, Opportunities, Responsibilities”, containing analysis of the religious situation of the Republic of Armenia, the list of religious organisations registered in the Republic of Armenia, provisions of the Constitution of the Republic of Armenia, the international treaties signed by the Republic of Armenia and national laws of the Republic of Armenia concerning religion and belief.

97. In 2008, the OSCE office in Yerevan in cooperation with the Ministry of Foreign Affairs of the Republic of Armenia and the Department for Ethnic Minorities and Religious Affairs adjunct to the Government of the Republic of Armenia initiated publication of international legal instruments and collection of legislative acts on rights of national minorities, as well as freedom of religion, conscience and belief (UN, Council of Europe and OSCE). The process is in its final stage, and the collection is envisaged to be issued during 2009. It is of importance for the representatives of the national minorities in terms of raising awareness about their rights, as well as in terms of applied importance for relevant state authorities of the Republic of Armenia.

98. Annual discussions, which mainly aim at establishment of good relationships between all religious communities, are organised by the Department for Ethnic Minorities and Religious Affairs with the participation of all religious communities functioning in the Republic of Armenia for the purpose of forming tolerance and respect for all religions and their value systems. Taking into consideration that tolerance and respect underlie mutual recognition, literature dedicated to different religions has been published in Armenia.^[5]

99. 66 different religious organisations are registered in the Republic of Armenia also including the following religious organisations of the national minorities:

101. Two Molokan communities operate without state registration in Fioletovo and Lermontovo villages of Lori Marz. The Georgian church operates in Yerevan as well, which was provided with a territory by the Armenian Apostolic Church to perform acts of worship.

102. In connection with the concern raised by the Committee in the Concluding Observations (point 282) according to which restrictions are created to all the religious organisations but the Armenian Apostolic Church (the title of the legal entity is [Hayastanyats Arakelakan Yekeghetsi]) for carrying out charitable works and construction of places of worship, it is worth mentioning that the Department for Ethnic Minorities and Religious Affairs of the Government of the Republic of Armenia has not received any warning messages concerning issues relating to construction of places of worship. Numerous religious organisations have built their new places of worship and practise their religion without hindrance.

103. Moreover, the Department for Loans and Humanitarian Assistance Programmes of the Government of the Republic of Armenia performs the functions of the Staff of the Government Committee on Coordination and Monitoring of Loans and Humanitarian Aid. The mentioned Committee considers the applications on VAT exemption of various programmes including those of religious and charitable organisations. As a result, many programmes of religious, religious and charitable organisations, as well as non-governmental organisations of the national minorities are exempt from this tax.

104. For example, in the second half of 2008 the Armenian Evangelical Union submitted eight programmes to the Programmes Coordination Commission of the Government of the Republic of Armenia, granted with a positive conclusion on VAT exemption.

105. The Republic of Armenia has taken all historical and architectural, cultural, and religious structures located within the territory of the Republic of Armenia under state protection irrespective of their ethnic or religious belonging. According to the data presented by the Ministry of Culture’s Agency for Preserving Historical and Cultural Monuments, besides the Armenian Apostolic Church and historical monuments (for example: a pagan temple, Chalcedonian churches, etc.) among the historical places of worship of religious and ethnic communities currently existing and non-existent in the territory of the Republic of Armenia, the following monuments are protected by the state:

106. Armenia is involved in the “All Different, All Equal” campaign of the Council of Europe, local initiatives conducted within its framework highlight the promotion of religious and cultural tolerance.

107. The following can be mentioned among other practical measures implemented in the reporting period:

108. Bishop Abraham Mkrtchyan, the Primate of the Syunik Diocese of the Armenian Apostolic Holy Church discovered the cemetery and undertook the initial safeguarding of the monument:

109. Among other laws and legal acts of the Republic of Armenia on freedom of conscience, religion, and belief, as well as on the activity of religious organisations, the Law of the Republic of Armenia “On Alternative Service” is of importance. Taking into consideration that in terms of thought, conscience, religion and belief the issue of substitution — on grounds of religion or convictions — of the compulsory military service with an alternative service is also of importance, in 2003, based on the relevant constitutional norm of the Republic of Armenia and the provision of Article 19 of the Law of the Republic of Armenia “On Freedom of Conscience and on Religious Organisations”, the Law of the Republic of Armenia “On Alternative Service” was adopted, according to which, “Alternative service shall be a special national service carried out by nationals of the Republic of Armenia which does not entail carrying, keeping, maintaining and using arms, and shall be of two types:

110. A conscript citizen shall have the right to assume an alternative service, if carrying out a compulsory military service in military units, as well as carrying, keeping, maintaining and using arms is in conflict with his religious beliefs or convictions”.

111. The developed legal framework ensures the realisation of these rights in the Republic of Armenia. The Labour Code of the Republic of Armenia lays down the key principles of the labour legislation, among which is the equality of the parties to labour relations irrespective of their gender, race, national origin, language, birth, nationality, social status, religion, marital and family status, age, beliefs or opinions, membership to political parties, trade unions or non-governmental organisations, and other circumstances not relating to business qualities of an employee.

112. The capacity of having labour rights and bearing responsibilities (labour legal capacity) shall be recognised equally for all nationals of the Republic of Armenia. Foreign nationals, stateless persons shall have the same labour legal capacity in the Republic of Armenia as nationals of the Republic of Armenia, unless otherwise provided for by law.^[6] According to Article 114 of the Labour Code of the Republic of Armenia, gender, race, national origin, language, birth, nationality, social status, religion, marital and family status, beliefs or opinions, membership in political parties or non-governmental organisations may not serve as a legitimate reason for rescinding a labour contract.

113. Article 7(6) of the Law of the Republic of Armenia “On Remuneration of Labour” prohibits wage discrimination based on national origin, nationality, race, gender, age, language, religion, political or other views, social origin, property or other status. The requirement that men and women receive equal pay for equal or equivalent work is prescribed in Article 178 of the Labour Code of the Republic of Armenia. Pursuant to Article 180 of the Code, while applying labour qualification system, the same standards shall apply with regard to both men and women, and this system should be developed in a way so as to exclude any gender discrimination. It also provides for the requirement of creating appropriate, safe and healthy conditions at work for each employee, as prescribed by law.^[7]

114. The State Labour Inspectorate of the Republic of Armenia operating within the system of the Ministry of Labour and Social Affairs of the Republic of Armenia, which was established in 2004 and has 11 territorial units, has a significant role in ensuring the realisation of the mentioned rights. The main tasks of the Inspectorate include:

115. According to Article 21 of the Labour Code of the Republic of Armenia, employers and employees may, at their will, freely unite in a manner prescribed by law by forming trade unions and employers’ associations for the protection and representation of their rights and interests. At the same time, the Code prohibits hampering the formation of trade unions by employees.

116. Pursuant to Article 35 of the Labour Code of the Republic of Armenia, the non-state supervision over the compliance of an employer with the labour legislation, other legal acts containing norms of labour law and of collective bargaining agreements is conducted by trade unions, whereas non-state supervision over the compliance of employees with the labour legislation, other legal acts containing norms of labour law and of collective bargaining agreements is conducted by employers (representative of employers).

117. The national minorities of the Republic of Armenia are free to choose their place of residence, and the obstacles faced in the course of full exercise of this right are common for all nationals of the Republic of Armenia, irrespective of their national origin, and are conditioned with the existing socio-economic issues. The majority of national minorities of the Republic of Armenia reside in a dispersed manner, in different marzes and towns of the Republic of Armenia.^[8] They are not isolated and reside side by side with representatives of other nationalities.

The right to public health, medical care, social security and social services

118. No racial discrimination was observed in providing medical care and services to the population of the Republic of Armenia. Medical care and services are accessible to all without any discrimination. First of all, this is laid down in the legislation of the Republic of Armenia.

119. In particular, according to Article 38 of the Constitution of the Republic of Armenia, “Everyone shall have the right to benefit from medical care and services under the conditions prescribed by law. Everyone shall have the right to benefit from basic medical services free of charge”.

120. Article 4 of the Law of the Republic of Armenia “On Medical Care and Services to the Population”, in its turn, lays down that “everyone shall have the right to medical care and services in the Republic of Armenia irrespective of their national origin, race, gender, language, religion, age, health condition, political or other views, social origin, property or other status”.

121. The healthcare sector of the Republic of Armenia is also regulated by a number of other laws, such as Law “On Psychiatric Care”, Law “On Reproductive Health and Reproductive Rights of Humans”, Law “On Transplantation of Organs and/or Tissues to Humans”, etc., government decisions and other legal acts, which do not make any distinction based on race, national origin or other features in laying down the rights and obligations of the persons.

122. With regard to the implementation of the legislation and current actual situation, it should be mentioned that no medical document filled in or maintained by medical establishments specifies racial, national or ethnic origin or other similar characteristics of a person. While providing medical care and services to the population, medical establishments do not make any distinction as to the racial, national or other characteristics, since it is not possible to identify the racial or other belonging of a person who applied to the medical establishment through existing documents.

123. Statistical data prove that there is absolutely no discrimination on the basis of national belonging among students at all educational levels, and this practice is conditioned, inter alia, by the effective legal framework regulating the sector.

124. Thus, according to Article 6(1) of the Law of the Republic of Armenia “On Education”, the Republic of Armenia ensures the right to education irrespective of national origin, race, gender, religion, political or other views, social origin, property status or other factors.

125. Article 35 of the Constitution of the Republic of Armenia in its turn lays down the right of each citizen to education; secondary education in state educational institutions is free of charge. Every citizen has a right to get higher and other professional education free of charge on competitive basis in state educational institutions.

126. Every year the Ministry of Education and Science of the Republic of Armenia approves curricula of general education schools of national minorities, where teaching hours are provided for study of native language, literature, history and culture of national minorities.

127. The Ministry of Education and Science of the Republic of Armenia has developed a programme for educational development of national minorities and its schedule, according to which each year textbooks for studying the language, literature, and culture of national minorities of the Republic of Armenia are published.

129. Activities directed at social protection of students are also being implemented. They are also carried out by some international organisations (GRS, World Vision, UNWFP). These programmes include provision of food, clothing, and school supplies.

130. The state provides free textbooks to the children of primary grades of general education secondary schools (for three years). Children of schools of national minorities are also provided with textbooks.

131. In response to paragraph 280 of the Concluding Observations, it should be mentioned that according to the Education Act of 1999, which guarantees the right to education without discrimination for all national minorities, the authorities of the Republic of Armenia ensure the education of children of national minorities in their native language in practice.

132. Thus, on 21 December 2007 the Minister of Education and Science of the Republic of Armenia adopted an Order on amending the Order of the Minister of Education and Science of the Republic of Armenia No. 619-N of 25 August 2003 “On Approving the admission procedure of students of state general education and special general institutions of the Republic of Armenia”, and it was prescribed that admission of children of a citizen belonging to a national minority to general education school is organised in a way that the children are admitted to a school (class) with the national (native) language of instruction, or where the respective language is taught, and in case these are not available, the choice of the language of instruction is made by the parents of the children (their legal representatives).

133. The Law of the Republic of Armenia “On General Education” was adopted on 10 July 2009, where Article 4 prescribes that general education of national minorities of the Republic of Armenia may be organised in their native or national language with mandatory teaching of Armenian.

134. Russians, Yezidi, Kurds, Assyrians applied to the Ministry of Education and Science with a request of conducting teaching in their national languages.

135. According to the European Charter for Regional or Minority Languages, programmes with regards to the secondary and preschool education that have already been implemented and are currently in the process of implementation by the Ministry of Education and Science of the Republic of Armenia and the National Institute of Education are presented in Annex 2.

136. Cultural issues of national minorities residing in the Republic of Armenia are included in the legal framework of the culture sphere. Thus, Article 9 of the Law of the Republic of Armenia “On Fundamentals of Cultural Legislation” stipulates that “participation in the cultural life of the society and carrying out cultural activities in the territory of the Republic of Armenia is an integral right of each person irrespective of the national origin, race, gender, language, religion, belief, social origin, property or other status”.

137. According to Article 8 of the same Law, i.e. “Treatment of the cultures of national minorities”, the Republic of Armenia assists to the preservation and development of the cultural identity of national minorities residing in its territory, and through implementation of state programmes contributes to creation of conditions for preservation, dissemination and development of their religion, traditions, language, cultural heritage, and culture.

138. Having regard to the aforementioned, the authorities of the Republic of Armenia make allocations from the State Budget for the implementation of relevant activities and programmes. Since 2000, AMD 10 million annually in grants are allocated from the State Budget of the Republic of Armenia to address cultural and educational issues of national minorities, which is used by non-governmental organisations of national minorities, e.g. for organisation of their national holidays, needs of Sunday schools and other activities. The issues relating to the preservation of historical, spiritual, cultural values and ethnic identity of national minorities residing in the territory of the Republic of Armenia are also included in the programmes of the culture sector of the National Security Strategy.

139. Associations of national minorities are involved in various cultural activities of national and local significance. The Department for Ethnic Minorities and Religious Affairs under the Government of the Republic of Armenia, which closely collaborates with the communities of national minorities of the Republic of Armenia, largely contributes to preservation, dissemination and development of the cultural heritage of national minorities.

140. The following activities are regularly conducted for national minorities only:

141. AMD 2,300.0 thousand is allocated in the State Budget in 2009 for the implementation of the aforementioned projects compared to AMD 1,800.0 thousand in 2008:

142. In 2008, the Children’s Protection Day was celebrated in the A. Babajanyan Concert Hall, where children of national minorities demonstrated their art, singing and dance.

143. The Council also organised the presentation of the book titled “Свадьбу сыграли дважды” [The wedding was celebrated twice] by Amarike Sardar, President of “Council of Kurdish Intelligentsia” non-governmental organisation, which was published in 2005.

144. About 450 books in Greek, 686 books in Kurdish and thousands of books in Russian — books in the languages of the national minorities — are kept and used in the National Library of Armenia. There is also a large number of books in these languages in other libraries of the Republic; books in Russian are available in school libraries as well. There is also a significant number of books in the aforementioned, as well as in other minority languages (including in languages of the national minorities of the Republic of Armenia: Georgian, Ukrainian, Belarusian, German, and Polish) in the libraries of the National Academy of Sciences of the Republic of Armenia, as well as of relevant scientific research institutions.

145. In 2008, literature in the languages of national minorities was also published within the framework of the “Government-Sponsored Literature” Programme. The tables below show the list of the published literature:

146. In the Republic of Armenia there are no restrictions on the freedom of movement. The representatives of the national minorities who are nationals and inhabitants of the Republic of Armenia enjoy all the rights and freedoms enshrined in the Constitution of the Republic of Armenia and in the legislation.

147. Non-governmental organisations of the national minorities arrange activities in any cultural establishment and in any place of their choice intended for use by the general public in the Republic of Armenia. They have never faced any discrimination or obstacles in organising activities in public places. The national minorities of the Republic of Armenia organise various activities in parks, schools, cultural establishments and places intended for use by the general public; it is impossible to enumerate all of them. However, some recent events should be mentioned.

148. In 2007, the Russian community of the Republic of Armenia organised the first republican conference on “Issues of Russian Compatriots Residing in Armenia” in one of the hotels in Tsakhadzor.

149. In 2008 the Polish Community celebrated the New Year in “Voske Patarakakh” restaurant.

150. In 2008 the Jews celebrated their traditional Purim holiday in “Marriott” hotel of Yerevan. In fact, non–governmental organisations of the national minorities of the Republic of Armenia celebrate the New Year and Christmas holidays in restaurants.

151. In 2008 the Ukrainian community celebrated the Independence Day of Ukraine in Arno Babajanyan Concert Hall. In the same year, the Jewish community celebrated the Independence Day of Israel in the same hall. Music festivals and other various activities of the national minorities are held in Arno Babajanyan Concert Hall.

152. “Rainbow of the Nationalities of Armenia” youth festival was held in Aram Khachatryan Concert Hall in February 2009.

153. In March 2009, the Alley for Friendship between Armenia and Israel was opened in the Victory Park of Yerevan in honour of the 60^th anniversary of the State of Israel.

155. In May 2009, the Polish community celebrated the Independence Day of Poland in Arno Babajanyan Concert Hall.

156. In 27–28 April 2009, the second conference of organisations of Russian Compatriots of South Caucasus countries was held in “Metropol” hotel of Yerevan, which was organised by the Fund for Aid and Assistance to Russian Compatriots of the Republic of Armenia and under the auspices of the Embassy of the Russian Federation in the Republic of Armenia.

157. In 2009, in response to the request of the Assyrian community, a plot was allocated in the “Oghakadzev” Park of Yerevan — in accordance with the ordinance of the Mayor of Yerevan — for the monument to the Armenian and Assyrian victims of the Genocide in the Ottoman Turkey.

158. The requirements of this Article are mostly met by the Constitution of the Republic of Armenia and the Judicial Code of the Republic of Armenia. Particularly, Article 90 of the Judicial Code of the Republic of Armenia provides for the Code of Judicial Conduct, “When acting in his official capacity, a judge must abstain from displaying bias through words or actions, as well as from leaving such an impression”. Such bias includes both bias towards some persons and bias based on race, gender, belief, national belonging, physical defects, age, social status and other similar characteristics. This point does not prevent the court from addressing race, gender, religion, national belonging, physical defects, age, social status and other similar characteristics, in case the latter are subject of judicial examination”.

159. With regards to this Article, it is worth mentioning Article 15 of the Criminal Procedure Code of the Republic of Armenia, which provides an opportunity to each person, other than a body conducting the criminal proceedings, to act in a language they have command of. This provision may have utmost significance in the protection of interests of representatives of national minorities in legal proceedings. Moreover, this Article also states that “upon the decision of the body conducting criminal proceedings, persons participating in criminal proceedings, who do not have a command of the language of the criminal proceedings, shall be provided with the possibility of exercising their rights prescribed by this Code through an interpreter at the expense of state resources”.

160. Article 20 of the Constitution of the Republic of Armenia lays down everyone’s right to legal assistance, and in cases prescribed by law, the legal assistance is provided at the expense of state resources. This constitutional provision is laid down in Article 10 of the Criminal Procedure Code of the Republic of Armenia as well.

161. Among human rights mechanisms, the role of the ombudsman institution should be highlighted as well. The Law of the Republic of Armenia “On Human Rights Defender” also guarantees effective protection of rights and reinstatement of violated rights, including in case of any act of racial discrimination. Any individual may apply to the Defender irrespective of their national origin, nationality, place of residence, gender, race, age, political and other views and legal capacity.

162. Pursuant to the requirements of this Article, at the initiative of the Department for Ethnic Minorities and Religious Affairs under the Government of the Republic of Armenia, the fundamental conventions and accompanying instruments pertaining to this sector and ratified by the Republic of Armenia are placed on the website of the Government of the Republic of Armenia (www.gov.am), in particular:

163. In 2004, the aforementioned Department published books titled “National Minorities in Armenia: Obligations, Opportunities”, and “Freedom of Conscience, Religion and Belief: Rights, Opportunities, Obligations”.

164. The employees of the Department also pay regular visits to the communities of the national minorities, local self-government bodies, educational and cultural establishments, where rights and opportunities of national minorities as full citizens of the Republic of Armenia are discussed and explained.

165. “Civic Education” is continued to be taught in general education schools, including subjects “Human Rights” (9th grade), “Civic Education” (10th grade) and “State and Law” (11th grade). Schoolteachers underwent training courses. The main objective of these subjects is the enhancement of respect for democratic principles among children, as well as their upbringing as full and active citizens of the Republic of Armenia.

166. The middle school curriculum of the subject “Social Science” includes thematic units “Rights of National Minorities” and “Tolerance”, and the content of “World History” in the high school includes materials on the rights of national minorities.

167. Gender knowledge is being taught in several general education schools based on “Gender Knowledge Lessons” educational manual. The results show that the positive perception of gender equality among students is being improved year by year; democratic values such as respect to civic position of women and their right to participate in the socio-political life are established.

168. The subject curriculum of “Social Science” subject in the high school was reviewed, where standards pertaining to gender equality and women’s rights were also included.

169. Since 2004, the Ministry of Education and Science of the Republic of Armenia jointly with the “Save the Children” international organisation participates in “Children’s Tolerance Education Programme”, which teaches tolerance, cooperation, promotes conflict resolution, etc. among children aged 5–11.

170. At the same time, since 2008 the “Tolerance” project is being implemented in the general education sector within the framework of the cooperation with the UNDP Armenia Country Office. Subject syllabi are reviewed and elements of teaching tolerance are integrated in the curricula for 1–12^th grades.

171. As it has already been mentioned, a number of institutions which are actively involved in issues relating to combat against racial discrimination, elimination of prejudice leading to discrimination, and promotion of tolerance are operating in the Republic of Armenia. For example, a number of measures implemented by the aforementioned Council of Nationalities are presented below:

172. In the field of press and radio, the following activities were carried out:

173. The activities of the Union of Nationalities have always been highly appreciated by the Government of the Republic of Armenia. On numerous occasions the Ministry of Culture of the Republic of Armenia awarded the Union with various awards and certificates of honour.

174. In accordance with Paragraph 281 of the Concluding Observations, where the Committee calls on the Government of the Republic of Armenia to promote publications and telecommunication in the languages of the national minorities, within the framework of the “State Support to the Private Press” 2009 budgetary programme, AMD 11,668.0 thousand was allocated for the publication of the press in the languages of the national minorities, which is a 17.5% increase compared to 2008. Publication of another newspaper, “Iberia” newspaper of the Georgian community, was launched in 2009. The amount of the state support to the published press is determined based on the frequency and circulation of each newspaper, which is included in the applications submitted by the publishers.

175. The 2008–2009 allocations for the press published in the languages of the national minorities within the framework of the “State Support to the Private Press” budgetary programme are presented in the table below:

Press published in the languages of the national minorities (2008)		*Total AMD (thousand drams)* *9 627.1*
including:	“Yezdikhana” [Voice of Yezidis]	1 000.0
“National Union of Yezidis” NGO	“Lalish”	1 000.0
“National Committee of Yezidis” NGO	Ria Taza” [New Way]	1 000.0
“‘Ria Taza’ [New Way] newspaper Editorial Office” LLC	“Palitra”	500.0
“‘Dialogue of Cultures’ Information Centre” LLC	“Golos Armenii”	500.0
“Golos” LLC	“Novoye Vremya”	500.0
“Novoye Vremya” daily Editorial Office” LLC	“Byzantine Heritage”	500.0
“Patrida” NGO	“Dnipro-Slavutich”	2 627.1
“Ukraine” Federation of Ukrainians of Armenia” NGO
“Litera” LLC	“Literaturnaya Armenia”	2 000.0

Press published in the languages of the national minorities (2009)		*Total AMD (thousand drams)* *12 168.0*
Newspapers
“National Union of Yezidis” NGO	“Yezdikhana” [Voice of Yezidis]	1 000.0
“National Committee of Yezidis” NGO	“Lalish”	1 000.0
“‘Ria Taza’ [New Way] newspaper Editorial Office” LLC	Ria Taza” [New Way]	1 000.0
“Golos” LLC	“Golos Armenii”	500.0
“Ukraine” Federation of Ukrainians of Armenia” NGO	“Dnipro-Slavutich”	2 668.0
“Kurdish National Council of Armenia” NGO	“Zagros”	1 000.0
Jewish Community of Armenia	“Magen David”	500.0
“Iberia” Georgian Charitable Community” NGO	“Iberia”	500.0
“Novoye Vremya” daily Editorial Office” LLC	“Novoye Vremya”	500.0
Journals
“Armenian Society of Cultural Connections” NGO	“Palitra”	500.0
“Patrida” NGO	“Byzantine Heritage”	500.0
“Litera” LLC	“Literaturnaya Armenia”	2 500.0

176. Pursuant to Article 28 of the Law of the Republic of Armenia “On Television and Radio”, Public Television and Radio Company “may provide airtime for special programmes and broadcasts in the languages of the national minorities of the Republic of Armenia”. Among the obligations of the Public Television and Radio Company, the same Law specifies that the interests of the national minorities of Armenia should be taken into consideration while broadcasting programmes and television series.

177. It is worth mentioning that in 2008 this Law was amended, according to which the second sentence of part 7 of Article 28, which applied restriction on the possibility to broadcast special programmes in the languages of the national minorities of the Republic of Armenia, imposing a quota of up to one hour per week on television, and one hour per day on radio, was removed.

178. Numerous Russian-language television and radio programmes are broadcast in the country, which meet the demands of the Russian community and all Russian-speaking communities of Armenia.

179. Yezidi, Assyrian, Kurdish, and Georgian communities have programmes in their native languages on the Public Radio.

180. “Armen-Akob” private television company has a television series titled “The National Minorities of Armenia” that is broadcast once a week. The author and anchor of the programme is Honorary Journalist of the Republic of Armenia H. Tamoyan, Yezidi by national origin, who also anchors radio programmes in Yezidi language, and is a member of the Expert Council under the Human Rights Defender of the Republic of Armenia. “Avetis” television company also regularly addresses the issues of the national minorities.

181. The national minorities which do not have the means for organising television or radio programmes use satellite systems, which are provided through the embassies of Greece, Israel, Poland, Germany, and Ukraine.

Distribution of the population of the marzes of the Republic of Armenia according to national origin, urban/rural distribution (Based on the results of 2001 census in the Republic of Armenia)

		Armenian	Assyrian	Yezidi	Greek	Russian	Ukrainian	Kurdish	Other
Armenia	3 213 011	3 145 354	3 409	40 620	1 176	14 660	1 633	1 519	4 640
Urban	2 066 153	2 041 622	524	7 413	853	10 489	1 386	315	3551
Rural	1 146 858	1 103 732	2 885	33 207	323	4 171	247	1 204	1 089
Yerevan	1 103 488	1 088 389	239	4 733	308	6 684	876	92	2 167
Aragatsotn	138 301	130 678	6	6 405	3	179	24	846	160
Urban	32 864	32 666	2	70	2	74	11	0	39
Rural	105 437	98 012	4	6 335	1	105	13	846	121
Ararat	272 016	263 357	1 926	5 940	11	418	70	32	262
Urban	79 885	79 178	94	279	7	195	30	21	81
Rural	192 131	184 179	1 832	5 661	4	223	40	11	181
Armavir	276 233	257 362	242	17 665	15	480	74	128	267
Urban	98 292	96 864	60	966	10	234	32	16	110
Rural	177 941	160 498	182	16 699	5	246	42	112	157
Gegharkunik	237 650	236 804	7	8	16	430	56	116	213
Urban	78 957	78 552	1	4	15	261	21	26	77
Rural	158 693	158 252	6	4	1	169	35	90	136
Lori	286 408	280 471	11	793	655	3 882	138	9	449
Urban	169 953	167 465	9	639	398	1 013	110	4	315
Rural	116 455	113 006	2	154	257	2 869	28	5	134
Kotayk	272 469	266 023	950	4 097	53	684	85	229	348
Urban	153 981	152 488	95	461	35	501	60	102	239
Rural	118 488	113 535	855	3 636	18	183	25	127	109
Shirak	283 389	280 594	9	974	56	1 048	222	7	479
Urban	174 260	172 535	9	258	50	868	182	0	358
Rural	109 129	108 059	0	716	6	180	40	7	121
Syunik	152 684	152 212	10	4	9	253	41	0	155
Urban	104 147	103 777	9	2	9	202	33	0	115
Rural	48 537	48 435	1	2	0	51	8	0	40
Vayots Dzor	55 997	55 877	4	0	1	71	16	1	27
Urban	19 605	19 533	3	0	1	39	12	0	17
Rural	36 392	36 344	1	0	0	32	4	1	10
Tavush	134 376	133 587	5	1	49	531	31	59	113
Urban	50 721	50 175	3	1	18	418	19	54	33
Rural	83 655	83 412	2	0	31	113	12	5	80

Mechanical movement of the population of the Republic of Armenia in 2002–2008[*]

(person)

Year	Incoming							*Total*	Outgoing							*Total*
Year	Assyrian	Yezidi	Armenian	Greek	Russian	Ukrainian	Other	*Total*	Assyrian	Yezidi	Armenian	Greek	Russian	Ukrainian	Other	*Total*
Total
RA
2002	11	95	9 155	10	87	6	18	9 382	22	247	10 286	2	293	33	44	10 927
2003	8	84	9 605	2	100	10	18	9 827	16	276	9 003	1	194	27	31	9 548
2004	8	68	9 503	0	57	12	14	9 662	12	263	8 719	2	176	26	29	9 227
2005	8	76	10 291	0	55	6	5	10 441	10	223	8 903	3	127	8	29	9 303
2006	7	71	8 986	0	48	8	6	9 126	5	126	7 787	1	102	15	17	8 053
2007	2	104	9 645	2	34	3	5	9 795	8	126	7 206	0	92	7	22	7 461
2008	6	141	10 217	0	28	3	4	10 399	3	75	6 603	0	53	5	8	6 747
Town
2002	3	14	5 372	4	60	2	8	5 463	6	80	7 519	2	228	29	39	7 903
2003	0	17	5 606	2	64	3	18	5 710	5	100	6 557	1	158	24	24	6 869
2004	4	9	5 552	0	36	8	11	5 620	3	92	6 160	2	145	21	21	6 444
2005	1	7	5 729	0	24	6	2	5 769	2	87	6 266	3	101	8	25	6 492
2006	3	10	5 081	0	28	4	2	5 128	2	44	5 585	1	86	14	14	5 746
2007	0	20	5 334	1	25	2	4	5 386	4	32	5 070	0	78	7	15	5 206
2008	2	17	5 052	0	14	3	2	5 090	1	17	4 517	0	41	4	5	4 585
Village
2002	8	81	3 783	6	27	4	10	3 919	16	167	2 767	0	65	4	5	3 024
2003	8	67	3 999	0	36	7	0	4 117	11	176	2 446	0	36	3	7	2 679
2004	4	59	3 951	0	21	4	3	4 042	9	171	2 559	0	31	5	8	2 783
2005	7	69	4 562	0	31	0	3	4 672	8	136	2 637	0	26	0	4	2 811
2006	4	61	3 905	0	20	4	4	3 998	3	82	2 202	0	16	1	3	2 307
2007	2	84	4 311	1	9	1	1	4 409	4	94	2 136	0	14	0	7	2 255
2008	4	124	5 165	0	14	0	2	5 309	2	58	2 086	0	12	1	3	2 162

Persons born alive in the Republic of Armenia, according to national belonging, 2002–2008[*]

Year	Assyrian	Belarusian	Yezidi	Armenian	Jewish	Greek	Russian	Georgian	Ukrainian	Kurdish	Other nationalities	Nationality not mentioned	*Total*
Total
2002	36	2	375	31 670	6	5	101	3	12	5	14	0	32 229
2003	32	0	324	35 288	1	11	97	6	14	3	17	0	35 793
2004	31	0	362	36 967	2	10	100	2	19	7	20	0	37 520
2005	31	1	435	36 882	3	6	101	5	9	4	22	0	37 499
2006	30	0	497	36 993	0	10	75	3	6	4	7	14	37 639
2007	23	3	605	39 336	1	6	86	4	5	3	8	25	40 105
2008	30	1	635	40 366	3	9	97	1	4	8	9	22	41 185
Female
2002	18	2	154	14 708	3	1	44	1	10	2	6		14 949
2003	15	0	155	16 276	1	6	50	2	9	0	2	0	16 516
2004	13	0	153	16 948	0	3	51	2	6	4	12	0	17 192
2005	14	0	174	17 123	3	5	47	2	5	2	8	0	17 383
2006	14	0	222	17 318	0	6	37	1	2	3	4	7	17 614
2007	14	2	241	18 319	1	4	46		1	1	6	10	18 645
2008	11	0	280	18 730	1	5	56	0	2	4	6	9	19 104
Male
2002	18	0	221	16 962	3	4	57	2	2	3	8	0	17 280
2003	17	0	169	19 012	0	5	47	4	5	3	15	0	19 277
2004	18	0	209	20 019	2	7	49	0	13	3	8	0	20 328
2005	17	1	261	19 759	0	1	54	3	4	2	14	0	20 116
2006	16	0	275	19 675	0	4	38	2	4	1	3	7	20 025
2007	9	1	364	21 017	0	2	40	4	4	2	2	15	21 460
2008	19	1	355	21 636	2	4	41	1	2	4	3	13	22 081

(person)

Year	Assyrian	Belarusian	Yezidi	Armenian	Jewish	Greek	Russian	Georgian	Ukrainian	Kurdish	German	Other nationalities	Nationality not mentioned	*Total*
Total
2002	19	8	162	24 923	5	26	311	9	48	20	4	19	0	25 554
2003	18	2	166	25 581	1	27	179	6	16	2	4	12	0	26 014
2004	27	2	149	25 269	1	25	161	5	20	6	3	11	0	25 679
2005	13	2	73	26 174	1	12	82	3	11	2	1	5	0	26 379
2006	7	0	52	27 043	0	7	64	5	6	4	0	6	8	27 202
2007	4	0	67	26 658	0	14	64	2	4	5	0	3	9	26 830
2008	12	1	116	27 163	0	7	88	2	1	3	0	4	15	27 412
Female
2002	13	7	86	12 023	4	20	243	7	40	1	3	14	0	12 461
2003	9	2	85	12 354	1	19	134	5	14	2	3	8	0	12 636
2004	13	2	65	12 188	0	15	114	5	16	1	3	9	0	12 431
2005	7	2	38	12 491	1	8	63	3	9	1	1	3	0	12 627
2006	3	0	22	12 993	0	4	39	3	4	1	0	4	4	13 077
2007	2	0	27	12 826	0	7	39	0	4	3	0	1	5	12 914
2008	6	1	49	12 965	0	3	59	2	1	1	0	2	9	13 098
Male
2002	6	1	76	12 900	1	6	68	2	8	19	1	5	0	13 093
2003	9	0	81	13 227	0	8	45	1	2	0	1	4	0	13 378
2004	14	0	84	13 081	1	10	47	0	4	5	0	2	0	13 248
2005	6	0	35	13 683	0	4	19	0	2	1	0	2	0	13 752
2006	4	0	30	14 050	0	3	25	2	2	3	0	2	4	14 125
2007	2	0	40	13 832	0	7	25	2	0	2	0	2	4	13 916
2008	6	0	67	14 198	0	4	29	0	0	2	0	2	6	14 314

Programmes relating to pre-school and secondary education implemented and currently under implementation by the Ministry of Education and Science of the Republic of Armenia and National Institute of Education.

Pre-school educational institutions or groups in settlements of the Republic of Armenia with population comprising the national minorities are presented below:

In the Order of the Minister of Education and Science of the Republic of Armenia No. 29-N of 26 January 2007 on “Approving the model staff list, group capacity, and normatives for state and community based pre-school educational institutions of the Republic of Armenia”, a special provision in the annex on the capacity of children’s groups covers the issue of the possibility of launching groups comprising children of the national minorities where the total number of children may be incomplete; this will promote the inclusion of such children in the pre-school educational institutions.

For example, while the indicators of the completeness of kindergarten groups of pre-school educational institutions are set at 25–30, groups with children of the national minorities may be launched in case 8–10 children are available.

In the school of Verin Dvin in Ararat Marz there are classes where the language of instruction is Assyrian; there is no Assyrian kindergarten; however, currently the Assyrian community has initiated the repair of the tumbledown building of the kindergarten for the purpose of making it an educational and cultural centre with the involvement of pre-school groups.

A pre-school group functioned in the form of “Pirea” LLC in Kentron community of Yerevan (director Mary Giozalyan, Greek by nationality); however, due to lack of demand, an Armenian group functions now. Various educational and cultural activities are organised in the kindergarten for the Greek community.

The director of Gyumri kindergarten No. 18 is Yezidi by nationality, and the director of the kindergarten No. 6 of Kentron Community of Yerevan, Ida Ivanova, is Russian by nationality. The directors of kindergartens under the authority of military garrisons are also Russian by nationality.

The director of kindergarten of Dimitrov village of Ararat Marz, Anna Shahbazova, is Assyrian by nationality.

Criteria for staffing of classes in general education schools of Armenia are uniform, regardless of the language of instruction.

Pursuant to the Decision of the Government of the Republic of Armenia No. 1392-N of 25 July 2002 and to secondary education criteria, the average capacity of classes of an institution is set at 25–30 students for primary and middle schools, and 20–25 students for high school.

However, in specific cases (in schools located in mountainous, highly mountainous, borderline rural areas, in urban and rural schools having classes in languages that are protected by Council of Europe European Charter for Regional or Minority Languages, and in other cases as well); classes with less capacity may be opened by the authorisation of the Ministry, following an agreement obtained from the Ministry of Finance of the Republic of Armenia, or on account of additional financing sources of the institution, upon the decision of the council.

On Yezidi children enrolled in general education schools of Armenia and on teaching of the Yezidi language

Location	School	Yezidi language is taught
Yerevan	Schools No. 95, 101, 107	Yezidi language will be taught in 2009–10 academic year
Kotayk Marz	Zovuni secondary school	is taught
Aragatsotn Marz	Avtona general education school Metsadzor	is taught
	Baysz general education school Otevan	is taught
	Baroj general education school Arevut	is taught
	Gyalto general education school Kanch	is taught
	Tulk general education school	is taught
	Hakko general education school Hako	is taught
	Ghabaghtapa general education school Ddmasar	is taught
	Sorik general education school	is taught

Yezidi children are enrolled in classes where the language of instruction is Armenian and study the Yezidi language at the account of the school component.

On Kurdish children enrolled in general schools of Armenia and on teaching of the Kurdish language

Location	School	Kurdish language is taught
Kotayk Marz	Zovuni secondary school	is taught
Aragatsotn Marz	Alagyaz secondary school	is taught
	Avshen basic school	is taught
	Amre-Taza general education school Sadunts	is taught
	Derek secondary school Tchartchakis	is taught
	Mirak general education school	is taught
	Shenkani basic school	is taught
	Jamshlu basic school	is taught
	Rya-Taza secondary school	is taught
	Sangyar secondary school Kanyashir	is taught
	Sipan secondary school	is taught
	Ortatchya basic school Mijnatun	is taught

Kurdish children are enrolled in classes where the language of instruction is Armenian and study Kurdish at the account of the school component.

On Greek children enrolled in general education schools of Armenia and on teaching of the Greek language

Location	School	Greek language is taught
Yerevan	School No. 74	is taught

Since 1996, with the assistance and funding from the Embassy of Greece in Armenia, the Greek language has been taught on voluntary basis in the 2^nd to 9^th grades at the secondary school No. 12 of Yerevan.

Since 1997, with the assistance of the Embassy of Greece in Armenia and upon the Order of the Minister of Education and Science of the Republic of Armenia, the Greek language has been taught as part of compulsory school subjects in the 2^nd to 8^th grades at the secondary school No. 74 of Yerevan.

Since 2007, with the assistance of the Embassy of Greece in Armenia, Greek has been taught at the secondary school No. 132 of Yerevan at the account of out-of-curriculum class hours.

On Assyrian children enrolled in general education schools of Armenia and on teaching of the Assyrian language

Assyrian children are, at their choice, mainly enrolled in classes where the language of instruction is Russian and which are guided by the curriculum of the general education school (class) of the national minorities.

Advanced teaching of the Assyrian language is carried out in school after A. Pushkin (No. 8) of Yerevan, where this subject is taught in classes where the language of instruction is Russian.

Aida Lazreva, the principal of school of Verin Dvin village in Ararat Marz, and Sofya Simonova, the principal of Arzni school of Kotayk Marz are Assyrians by nationality.

“Model curriculum of general education school (class) of the national minorities” has been elaborated and introduced, according to which 43 class hours per week have been assigned for 1^st to 10^th grades for teaching mother tongue and literature of the national minorities.

Workshops on contemporary teaching methods have been held for the English language teacher of the secondary school of Amre-taza village of Aragatsotn Marz of Armenia. Teachers were delivered English language literature, methodology materials and exemplary curricula.

In 2002, 74-hour training courses were held at the National Institute of Education for 22 teachers of the Assyrian language.

In 2004, the curriculum for 1^st to 10^th grades of “Yezidi language and literature” was elaborated, within the framework of which materials are presented on history and culture of the Yezidi people.

In 2004–2005, the curriculum for 1^st to 10^th grades of “Assyrian language and literature” was elaborated, where materials on history and culture of the Assyrian people were integrated.

In 2006 the National Institute of Education participated in the elaboration of “Yezidi language and literature” syllabus for 1st to 3rd grades.

In 2006, the Publishing Division of the National Institute of Education prepared for publication “Assyrian ABC” for primary grades.

At the National Institute of Education committees for subjects “Iranology” and “Semitology” function which carry out examination of education curricula, textbooks, and manuals in Yezidi and Assyrian languages.

At the mediation of the Yezidi community, a Yezidi by nationality specialist was admitted to work at the National Institute of Education to study and settle the educational needs of the national minorities.

In 2008, “Yezidi language” textbooks for 4^th and 5^th grades were published.

In 2009, textbooks for 6^th and 7^th grades will be published whereas the textbooks for 8^th and 9^th grades are envisaged for later years.

The National Institute of Education of the Ministry of Education and Science of the Republic of Armenia is preparing for publication Kurdish textbooks for people who consider themselves Kurds.

On Russian children enrolled in general education schools of Armenia and on teaching of the Russian language

No.	Location	School	Russian language is taught
1.	Yerevan	7	is taught
		8	is taught
		29	is taught
		35	is taught
		55	is taught
		69	is taught
		62	is taught
		77	is taught
		85	is taught
		109	is taught
		122	is taught
		124	is taught
		132	is taught
		164	is taught
		147	is taught
		176	is taught
2.	Kotayk Marz	Hrazdan school No. 10	is taught
		Abovyan school No. 4	is taught
		Nor Hachn school No. 2	is taught
		Arzni village school	is taught
		Charentsavan school No. 3	is taught
3.	Ghegharkunik Marz	Sevan school No. 3	is taught
4.	Shirak Marz	Gyumri school No. 2	is taught
		Gyumri school No. 7	is taught
		Gyumri school No. 23	is taught
5.	Lori Marz	Vanadzor school No. 4	is taught
		Vanadzor school No. 11	is taught
		Tashir School No. 1	is taught
		Fioletovo school	is taught
		Lermontovo school	is taught
6.	Armavir Marz	Armavir school No. 5	is taught
		Vagharshapat school No. 5	is taught
7.	Tavush Marz	Dilijan school No. 2	is taught
		Ijevan school No. 5	is taught
8.	Ararat Marz	Artashat school No. 4	is taught
		Verin Dvin village school	is taught
		Dimitrov village school	is taught

In the Republic of Armenia there are also six schools under the garrison of the Army of the Russian Federation, two of which are in Yerevan, the rest – in Artashat, Meghri, Armavir, and Gyumri.

Of 1410 secondary schools in the Republic, Russian is the language of instruction in one, whereas in 39 schools, two of which are private, there are grades from 1 to 11 where Russian is the language of instruction (certain grades do not exist in some schools). 16 out of 37 schools are in Yerevan, whereas the rest are in the marzes.

The number of students enrolled in these classes is about 10 thousand whose parents have Russian citizenship or are Russian by nationality. Students of the national minorities and those who came back from Russia also are enrolled in classes where the language of instruction is Russian, who are admitted to classes in which Russian is the language of instruction.

Currently, two private schools operate in Yerevan - “Slavyanskaya” (Russian is the language of instruction), and “Mashtots” (it has classes where Russian is the language of instruction). The parents of the students studying there have Russian citizenship or one of the parents is Russian by nationality.

Co-operation between the Government of the Republic of Armenia and the Government of the Russian Federation in the field of education and science is mainly implemented within the framework of the Agreement “On Co-operation between the Government of the Republic of Armenia and the Government of the Russian Federation in the Fields of Culture, Science, and Education” (November 1995). Based on the mentioned Agreement, the Ministry of Education and Science of the Republic of Armenia acts as a partner in the process of implementation of education and scientific programmes of the Russian Federation.

In 1999, the Concept Paper “Russian language in the educational system of the Republic of Armenia and in its cultural and public life” was approved by the decision of the Government of the Republic of Armenia.

In schools (classes) where Russian is the language of instruction, textbooks recommended by the Ministry of Education and Science of the Russian Federation are used together with programmes recommended and approved by the Ministry of Education and Science of the Republic of Armenia.

Starting from 2006, in educational and scientific institutions of Russia a number of events have been held on the occasion of the Year of Armenia in Russia, with the participation of scientists, renowned figures of education and science from Russia and Armenia.

In all general education Armenian schools of the Republic Russian language and literature are taught from the 2^nd to 11^th grades, and the teaching is carried out using textbooks developed in Armenia taking into account the peculiarities of teaching Russian language in national schools.

Upon the Decision of the Government of the Republic of Armenia adopted in 1999, schools with advanced teaching of Russian were opened (60 in total), where the subject is taught from the 1^st grade. Special textbooks and methodological manuals have been published for these schools.

The National Institute of Education under the Ministry of Education and Science of the Republic of Armenia and the Russian Language Development Centre of the Republic of Armenia regularly conduct training courses and seminar-consultations for teachers of the Russian language. Such courses are organised also in the Russian-Armenian (Slavonic) University. Every year several groups of teachers undergo training in Moscow.

Some schools in Armenia are named after Russian scholars, writers and poets: A. Sakharov, V. Mayakovski, A. Blok, A. Chekhov, V. Belinski, L. Tolstoy, and others. For a number of years schools after A. Pushkin (in Gyumri, Vanadzor, Stepanavan, and Yerevan) participate in conferences of schools of CIS and Baltic countries.

The list of subjects of school Olympiads held annually in the Republic includes Russian as well (school, district, town, regional, and republican rounds). Competitions and festivals are organised.

Armenian students participate in the distance Olympiad of the Russian language, and there are already three winners from Yerevan, Kapan, and Sisian.

Every year students attend summer education camps in the Russian Federation (international camp “Moscovia”).

Participation of officials of the education sector, as well as of principals and teachers of schools in seminar-conferences held in Moscow has already become a tradition.

29 teachers of Russian of the Republic of Armenia became Pushkin Prize winners in 2001–2008.

Every year teaching and methodological literature is imported into Armenia from the Russian Federation as humanitarian assistance.

“Russian Language in Armenia” journal is published in the Republic of Armenia for already 10 years and is provided to all schools free of charge.

The Ministry of Education and Science of the Republic of Armenia implements various educational programmes and projects together with different educational organisations and non-governmental organisations of the Russian Federation; the Ministry of Education and Science of the Republic of Armenia contributes to the promotion of Russian language in the Republic of Armenia, to its development and improved role as a medium for international communication.

[*] This document contains the fifth and sixth (joint) periodic reports of Armenia, due on 23 July 2004. For the third and fourth periodic reports and the summary records of the meetings at which the Committee considered those reports, see documents CERD/C/372/Add.3 and CERD/C/SR.1529 and 1530.

[**] In accordance with the information transmitted to States parties regarding the processing of their reports, the present document was not edited before being sent to the United Nations translation services.

^[1] 1. Constitution of the Republic of Armenia, which was adopted on 5 July 1995, and was amended on 27 November 2005 through a referendum.

2. Labour Code of the Republic of Armenia, which was adopted on 9 November 2004.

3. Law of the Republic of Armenia on Service in National Security Bodies, which was adopted on 11 April 2003.

4. Law of the Republic of Armenia on Judicial Service, which was adopted on 18 February 2006.

5. Law of the Republic of Armenia on the Judicial Acts Compulsory Enforcement Service, adopted on 18 February 2004.

6. Law of the Republic of Armenia on Remuneration of Civil Servants, adopted on 3 July 2002.

7. Criminal Procedure Code of the Republic of Armenia, which was adopted on 1 July 1998.

8. Law of the Republic of Armenia on Community Service, which was adopted on 14 December 2004.

9. Law of the Republic of Armenia on Civil Service, which was adopted on 4 December 2001.

10. Law of the Republic of Armenia on Rescue Service of Armenia, adopted on 24 March 2005.

11. Law of the Republic of Armenia on State Labour Inspectorate, adopted on 24 March 2005.

12. Law of the Republic of Armenia on Law on Employment and Social Protection in Case of Unemployment, which was adopted on 24 October 2005.

13. Law of the Republic of Armenia on Education, which was adopted on 14 April 1999.

14. Law of the Republic of Armenia on Remuneration of Labour, which was adopted on 11 September 2001.

17. Law of the Republic of Armenia on Medical Assistance and Services of Population, adopted on 24 March 2005.

18. Law of the Republic of Armenia on Penitentiary Service, adopted on 8 July 2005.

19. Law of the Republic of Armenia on Human Rights Defender, adopted on 21 October 2003.

20. Law of the Republic of Armenia on Foreign Citizens, which was adopted on 25 December 2005.

21. Law of the Republic of Armenia on Social Protection of Disabled People in the Republic of Armenia, which was adopted on 14 April 1993.

“The Republic of Armenia assists in the preservation and development of cultural identity of the national minorities residing in its territory, contributes to creation of conditions favourable to preservation, spread and development of religion, traditions, language, cultural heritage, culture through implementation of state programmes”. Article 9 reads as follows: “Participation in cultural life of the society in the territory of the Republic of Armenia and implementation of cultural activities shall be an inalienable right of each person irrespective of their nationality, race, gender, language, religion, social origin, property or other status.”

The same Chapter also provides for the right of every person to creative activity, access to cultural values, artistic education, export of creative production and establishment of cultural organisations.

^[3] According to Article 69 of the former Criminal Code, “Propaganda or agitation for inciting racial or national hostility and discord, as well as direct or indirect limitation of rights or direct or indirect provision of preferences on the grounds of racial or national belonging is punished by 6 months to 3 years of imprisonment or by 2–5 years of exile”.

^[4] Thus, according to Article 1 of the Law of the Republic of Armenia “On Freedom of Conscience and Religious Organisations”, freedom of conscience and religious beliefs is guaranteed. Each citizen decides freely his position toward religion, has the right to profess a desired religion or not to profess any religion, to engage in religious rites individually or together with other citizens. According to the Law of the Republic of Armenia “On Preservation and utilisation of immovable monuments of history and culture and of historical environment”, political, ideological, religious, racial, and national discrimination is prohibited in the sphere of preservation and utilisation of monuments.

Article 2 of the Law of the Republic of Armenia “On Political Parties”, in its turn, sets forth that the right to join political parties is exercised freely in accordance with convictions through establishing parties on voluntary basis, membership therein conditioned by accepting their programmes and charters, participating in the activities thereof in line with programme objectives of parties and in the manner prescribed by the charter, as well as by freely withdrawing from parties.

Article 29 of the Constitution of the Republic of Armenia guarantees the right to peaceful and unarmed meetings, assemblies, rallies, and demonstrations, and Article 1 of the Law of the Republic of Armenia “On Conducting Meetings, Assemblies, Rallies and Demonstrations” sets forth necessary conditions for the exercise of the right to peaceful and unarmed meetings, assemblies, rallies, and demonstrations by the citizens of the Republic of Armenia, foreign citizens, stateless persons and legal entities.

The Law of the Republic of Armenia “On Television and Radio” prohibits the use of television and radio programmes for inciting and promoting national, racial and religious hostility or violence. Public Television and Radio Company is obliged to provide the audience with such types and series of programmes in which special interests of various regions, national minorities, various strata of the society and social groups of Armenia are taken into account.

^[5] A book of A. Avdal on “Believes of Yezidi Kurds» was published by the Institute of Archaeology and Ethnography of the National Academy of Sciences of the Republic of Armenia.

An almanac of Yezidi religious scripts — edited by G. Asatryan — was published.

In 2006, the Qur’an was translated into Armenian and published (Translated by Edward Hakhverdyan).

^[6] The aforementioned principles of the labour legislation are implemented in practice with regard to labour relationships both by public authorities and private and public sectors. For example, according to Article 11 of the Law of the Republic of Armenia “On Police Service”, nationals of the Republic of Armenia under the age of 30, who completed the compulsory military service (with the exception of female nationals and cases provided for by Article 14(9) of this Law), having a good command of Armenian, having practical, personal and moral qualities, education, health condition and physical fitness enabling them to perform duties of a police officer may take service in the Police irrespective of national origin, race, gender, social origin, property or other status. There are 23 Yezidi, 7 Russian, 6 Assyrian, 3 Ukrainian, 2 Kurd, 2 Georgian, 1 German, 1 Greek, and 1 Romanian police officers in the Police of the Republic of Armenia (as of 10 February 2008). There is one Yezidi participant studying at the Police Academy of the Republic of Armenia.

^[7] There is also a number of other legislative acts in force which govern labour relations, and which prohibit violation of labour rights based on gender, race, national origin, language, birth, nationality, social status, religion, or other grounds, as, for example, the Law of the Republic of Armenia “On Employment and Social Protection in Case of Unemployment”, Law of the Republic of Armenia “On Social Assistance”, etc.

^[8] Urban and rural distribution of the nationalities of the Republic of Armenia is presented in Annex 1 of the Report.

[*] According to the data obtained as a result of statistical processing of the information provided by the territorial Passport Divisions of the Police of the Republic of Armenia adjunct to the Government of the Republic of Armenia.

[*] According to the data obtained as a result of statistical processing of the information provided by the territorial divisions of the Civil Status Acts Registration Agency under the Ministry of Justice of the Republic of Armenia.

			Volume (print media)	Circulation (copy)	Unit price (Armenian drams)	Amount (thousand drams)
1.	Amarike Sardar	“Our Village”, stories (in Kurdish)	7.0	500.0	1.000	500.0
2.	Shamoyan Smo	Selection of works	10.0	500.0	900	450.0
Total			17.0	1.000.0		950.0

			Volume (print media)	Circulation (copy)	Unit price (Armenian drams)	Amount (thousand drams)
1.	Ahmade Khani (translation from Kurdish by Ch. Rash Mstoyan)	“Mam and Zin”	10.0	300.0	1 000	300.0
2.	Samand Sima	Stories in Kurdish	8.0	300.0	800.0	240.0
Total			18.0	600.0		540.0

	United Nations	CERD/C/ARM/5-6
	International Convention on the Elimination of All Forms of Racial Discrimination		Distr.: General 20 July 2010 Original: English

Location	School	Assyrian language is taught
Yerevan
Kentron	No. 8	is taught
Ararat Marz
	Verin Dvin	is taught
	Dimitrov	is taught
Kotayk Marz	Arzni	is taught

United Nations Committee on the Elimination of Racial Discrimination - States Parties Reports

Armenia - Fifth and Sixth Periodic Reports due in 2004 - Reports submitted by States Parties under Article 9 of the Convention [2010] UNCERDSPR 7; CERD/C/ARM/5-6 (20 July 2010)

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