State Dept Report: Government of Armenia does not fully meet minimum standards for elimination of trafficking
ArmInfo.The Government of Armenia does not fully meet the minimum standards for the elimination
of trafficking but is making significant efforts to do so. The government demonstrated overall increasing efforts compared with the previous reporting period; therefore Armenia remained on Tier 2, the State Department's 2024 Trafficking in Persons (TIP) Report reads.
As the source notes, these efforts included investigating and
prosecuting more suspected traffickers and identifying more victims.
The government increased resources for victim protection, including
to the NGO-run shelter.
"The Ministry of Labor and Social Affairs (MOLSA) published a guide
for social workers to identify victims and developed leaflets to
inform victims on available state resources. The government increased
resources to prevention efforts and sought input from survivors on
the gaps in victim services. However, the government did not meet the
minimum standards in several key areas. First responders did not
consistently screen vulnerable populations for trafficking
indicators. Prosecutors dropped or reclassified cases due to a lack
of evidence or a high reliance on victim testimony without
corroborating evidence. Law enforcement officials did not always take
victim-centered approach in criminal proceedings, and the government
did not implement victim-centered policies and victim-witness
assistance measure. The government continued to fund victim
assistance reintegration programs, which, at times, was not
sufficient to fully meet victim needs," the Report notes. As
reported by the State Department,
Prioritized recommendations: Vigorously investigate and prosecute,
trafficking crimes and seek adequate penalties for convicted
traffickers, which should involve significant prison terms.
Increase proactive identification efforts, including implementing
SOPs for screening trafficking victims and training officials on
screening for trafficking among individuals in commercial sex,
migrants, refugees, and other at-risk populations. Provide advanced
training to investigators and prosecutors on trafficking
investigations and prosecutions, including evidence collection and
victim-centered approaches. Increase victim-witness assistance
during court proceedings, such as establishing victim-centered
policies to reduce re-traumatization and strengthening measure to
ensure confidentiality. Seek and implement recommendations from
civil society, NGOs, and members of the Victim Identification
Commission (VIC) on decrees standardizing victim protection.
Increase resources for reintegration services for victims.
Implement legal authorities for labor inspectors to conduct regular
inspections, including non-legal employers, and identify victims
through unannounced visits. License, regulate, and educate local
employment agencies and agents so they can help prevent the labor
trafficking of Armenians abroad, and take steps to eliminate
recruitment fees charged to workers. Establish and implement
preventative measures for labor violations and child labor and
potential child trafficking in state childcare institutions. Train
prosecutors and judges on issuing restitution in criminal cases,
establish procedures to seize assets from traffickers, and create
effective methods to allocate restitution in a timely manner.
Prosecution: The government increased law enforcement efforts.
Articles 188 and 189 of the criminal code criminalized sex
trafficking and labor trafficking and prescribed penalties of five to
eight years' imprisonment for crimes involving adult victims and
seven to 10 years' imprisonment for crimes involving child victims.
These penalties were sufficiently stringent and, with respect to sex
trafficking, commensurate with those prescribed for other grave
crimes, such as rape. The government adopted an amendment to the
Labor Code in October 2022, which included a definition of forced
labor. The government investigated 27 cases (four for sex trafficking
and 23 for labor trafficking), compared with eight cases in 2022. The
government continued to investigate three sex trafficking cases and
three labor trafficking cases from previous years. The government
prosecuted eight defendants (five for sex trafficking and three for
labor trafficking), compared with four defendants in 2022. The
government continued to prosecute two defendants for sex trafficking
and two for labor trafficking from previous years. Courts convicted
two labor traffickers in 2023, the same number as in 2022. Judges
sentenced one trafficker to 10 years' imprisonment and the other to a
suspended sentence of five years with three years of probation, which
did not serve to deter the crime or adequately reflect the nature of
the crime. The government did not report any investigations,
prosecutions, or convictions of government employees complicit in
human trafficking crimes, compared with two convictions of complicit
government employees in 2022. The Police of the Ministry of Internal
Affairs (MOIA) maintained an Anti-Trafficking Unit; however, the July
2022 criminal procedural code required police to transfer only
findings and reports to the Investigative Committee (IC), which was
responsible for starting an official investigation. Investigators in
the IC's General Department of Investigation of Particularly
Important Cases investigated trafficking cases, and the Office of the
Prosecutor General's (OPG) Department of Combating Crimes Against the
Person maintained several specialized prosecutors. Local police units
designated an officer as the main point of contact for trafficking
within their jurisdiction, but officers also investigated other
crimes, such as domestic violence and sex crimes. The IC and the OPG
continued to dismiss or reclassify trafficking cases referred by
local police because of a lack of evidence or a high reliance on
victim testimony without corroborating evidence. Additionally, GRETA
reported high turnover among law enforcement created obstacles in
maintaining specialized knowledge. The Educational Complex of MOIA
and Justice Academy maintained classes on trafficking for police,
prosecutors, and investigators. The Ministry of Defense trained
military police officers on anti-trafficking issues. The government
did not report information on international cooperation with foreign
law enforcement authorities.
Protection: The government increased protection efforts. The
government identified 25 victims, compared with six victims in 2022.
Of the 25 victims identified, traffickers exploited seven in sex
trafficking and 18 in labor trafficking; 10 were women, nine were
men, three were girls, and three were boys; three were persons with
disabilities; and all were Armenian. The 2014 Law on Identification
and Assistance to Victims of Human Trafficking and Exploitation
prescribed identification, referral, and assistance procedures for
relevant actors. Police reported inspecting businesses involved in
commercial sex, using checklists to screen individuals in commercial
sex, and training officers on trafficking indicators; the government
did not report the number of inspections. MOLSA published a guide for
social workers to identify victims, including screening indicators
when working with vulnerable populations, and also developed leaflets
in three languages to help inform victims on available state
resources. The Migration and Citizenship Service of MOIA continued
implement screening procedures to identify victims in migration
flows. Experts continued to report officials did not proactively
identify victims and instead relied on victims to self-identify.
First responders did not consistently screen vulnerable populations
for trafficking indicators, particularly individuals in commercial
sex and foreign migrant workers. Additionally, the July 2022 criminal
procedural amendments decreased the police's involvement in
investigations, contributing to the lack of proactive efforts to
identify victims. The government trained victim service providers on
victim identification and referral and government services available
to victims. The government provided temporary shelter, emergency
medical services, and psychological aid to potential trafficking
victims during the "pre-identification stage," a stage where the
government collected information on a potential victim within a
maximum of 10 days. The VIC, which consisted of representatives from
MOLSA, OPG, police, and NGOs, officially recognized victims based on
information collected during the "pre-identification stage;" the VIC
met eight times (three in 2022). The government issued a circular
with standardized indicators in October 2022 for the VIC to assess
potential victims. Experts reported establishing standardized
indicators was a positive step, but the government did not consult
VIC civil society members in the process, which resulted in some
unrealistic indicators. In 2022, the government also amended
procedures to allow all governmental organizations and NGOs to refer
potential victims to the VIC. Civil society reported the referral
procedures functioned well in 2023, and they had positive cooperation
with the government.
The government allocated approximately 34.7 million drams ($86,750)
for victim protection efforts, including operation costs for an
NGO-run shelter, compared with approximately 28 million drams
($70,000) in 2022. In 2022, the government issued a decree that
provided minimum standards for victim assistance but did not solicit
input from civil society on many of the standards. Experts reported
the standards were reasonable, but some were not always applicable to
trafficking victims. For example, minimum standards required a
mandatory medical evaluation for victims upon arrival at the shelter,
but some victims would not be ready to undergo such examinations. The
government and local NGOs jointly provided legal, medical, and
psycho-social support; housing; a one-time monetary compensation of
250,000 drams ($625); and access to social, educational, and
employment projects. The government allowed legal guardians of child
victims to receive the one-time monetary compensation. The government
maintained a cooperation agreement and fully funded one specialized
NGO-run shelter to provide services to victims. The government and
the partner NGO provided support to 23 victims, including
accommodation for 10 victims, psycho-social support for 13 victims,
food and clothes for 12 victims, and the one-time monetary
compensation for seven victims. The NGO-run shelter allowed victims
to leave the shelter at will but required victims to notify staff
when they left shelter unescorted. In addition, the NGO-run shelter
provided male victims with separate rooms or rented apartments. In
2023, three male victims stayed at the shelter. The government
provided assistance in job placement and vocational training classes
for victims. In addition, the government did not include trafficking
victims in the list of vulnerable people eligible for state housing.
The NGO-run shelter and childcare institutions had the capacity to
accommodate child victims. The government provided foreign victims
the same services as Armenian victims, and the law entitled foreign
victims to a 30- day reflection period in which victims could recover
before deciding whether to participate in criminal justice
proceedings. The law also entitled foreign victims to receive a
permanent residence permit.
According to experts, law enforcement officers in some remote areas
may have lacked information and training to inform victims of their
rights to protection or assistance. Observers continued to report
investigations did not incorporate gender- sensitive approaches, such
as the use of female medical professionals for forensics examinations
with female victims. Guidelines restricted interviews to four hours
for adults and restricted interviews for children to 90 minutes in
the presence of a psychologist. Observers reported victims hesitated
to participate in criminal justice proceedings due to an absence of
confidentiality in public testimonies, creating a fear of retaliation
from traffickers and stigmatization from their families and
communities. Authorities lacked victim-centered approaches during
court proceedings, and victims, including children, appeared in front
of the traffickers in court, which may have caused re-traumatization.
The government continued to lack a formal victim-witness assistance
program. The Criminal Procedure Code and a 2016 decree mandated some
victim-witness assistance measures, but none were used in 2023.
Prosecutors did not request restitution in criminal proceedings and
recommended victims file civil suits for compensation; one victim
filed a civil suit for compensation. In previous years, judges did
not issue compensation in civil suits, asserting victims did not
substantiate the financial damages they had suffered. The law allowed
investigators to place defendants' property in custody to fund
potential civil claims, but this rarely occurred in practice.
Preventetion: The government slightly increased prevention efforts.
The Anti-trafficking Ministerial Council and the Inter- Agency
Working Group against Trafficking in Persons (IWGTP) monitored and
carried out anti-trafficking efforts; the Ministerial Council did not
meet (once in 2022), and IWGTP held two meetings (six in 2022). In
January 2023, the government drafted and adopted the 2023-2025 NAP
and allocated 37 million drams ($92,500) for its implementation,
compared with 40 million drams ($100,000) for the previous NAP.
However, observers reported many of the goals and projects in the NAP
depended on funding from donors and international organizations,
which the government did not secure. The government allocated 600,000
drams ($1,500) for prevention efforts, compared with 450,000 drams
($1,125) in 2022. The government organized an awareness campaign
targeting the public, and MOLSA sought input from survivors on the
gaps of victim services to strengthen victim protection efforts. The
government funded a website to make information on trafficking trends
available to the public and hosted an annual awards ceremony for
journalists publishing trafficking stories. The government did not
regulate or monitor labor recruitment agencies or prohibit
worker-paid recruitment fees. The Health and Labor Inspection Body
conducted labor inspections but did not have jurisdiction to conduct
inspections of "non-legal" employers, such as small farms or illegal
businesses. MOLSA maintained a 24-hour hotline for social services,
including trafficking victim services, and the government funded an
NGO-run hotline for trafficking and sexual abuse; neither hotline
reported receiving any trafficking-related calls. The government did
not make efforts to reduce the demand for commercial sex acts.
Traffiking pofile: As reported over the past five years, human
traffickers exploit domestic and foreign victims in Armenia, and
traffickers exploit victims from Armenia abroad. Traffickers exploit
some Armenian migrants who seek employment in Russia often through
recruitment fraud and recruitment fee-related debt bondage by labor
brokers. Traffickers exploit Armenian women in sex and labor
trafficking, including forced begging, within the country.
Traffickers target Iranian and Indian migrants who willingly seek
employment in the informal sector for exploitation in forced labor
and force children to beg or sell items on the street, such as
tissues. Some children work in agriculture, construction, and service
provision within the country, where they are vulnerable to labor
trafficking. Men in rural areas with little education, children
staying in state childcare institutions, and persons with
disabilities remain highly vulnerable to labor trafficking.
Traffickers increasingly used social media to recruit victims. The
more than 100,000 displaced persons and refugees from Nagorno
Karabakh experiencing unemployment are vulnerable to trafficking.