A/HRC/41/41/Add.4
109. The Special Rapporteur is concerned about how little information is available on
how to access public funding and at the low budgetary allocations for NGOs. He reiterates
that access to public funding should not be perceived as undermining the independence of
civil society organizations but should rather sustain the actions of such organizations,
especially those working at the grass-roots level that can have an important impact on their
communities.
110. The Special Rapporteur reiterates that access to both national and foreign funding is
vital for the legitimate work of NGOs and their financial sustainability.
2.
Limitations to groups most at risk
111. Armenia has a positive obligation to maintain an enabling environment for
associations and protect them from abuse and interference. During his visit he became
aware of attacks, smear campaigns and cases of harassment directed at NGOs working on
sensitive issues, such as sexual orientation and gender identity, violence against women,
religious and national minorities and combating corruption, fraud and money-laundering.
112. In particular, the Special Rapporteur was dismayed to learn that the Forum of LGBT
Christians of Eastern Europe and Central Asia, due to take place in Yerevan from 15 to 18
November 2018, was cancelled because of concerns related to the safety of its participants,
incitement to hatred and death threats against the organizers.
113. The Special Rapporteur raised this incident with the authorities during his visit. He
urged the Government to take all necessary measures to avoid similar situations in the
future. He stresses that the State has responsibility for implementing adequate measures that
allow a normal functioning of all associations and their activities, especially when those
activities are carried out by the groups most at risk.
114. While in Yerevan, the Special Rapporteur had the opportunity to meet with groups
of women from other cities working on gender-related issues. He was positively impressed
to learn how these issues are being discussed in smaller villages, but also learned that
associations dealing with women’s rights continuously face difficulties in raising gendersensitive matters and their work can be perceived as having a detrimental effect on religious
beliefs and public morals.
115. The Special Rapporteur considers that it is fundamental that the Government
effectively combat hate speech and incitement to hatred towards those groups most at risk.
Furthermore, he emphasizes that the failure of States to take appropriate measures and
exercise due diligence to prevent, punish, investigate or redress the harm caused by nonState actors may constitute a violation of the right to freedom of association.
3.
The situation of trade unions
116. The Special Rapporteur learned that labour unions operate in a very precarious
labour environment, with a culture inherited from the post-Soviet era. Their ability to
safeguard workers’ rights is restricted by a number of circumstances that has significantly
weakened their effective action over time and limited their ability to exert an influence on
the formulation of public policies and legal reforms.
117. The Special Rapporteur observes that trade unions are extremely weak in Armenia
and that there is a lack of meaningful discussion between the trade unions, civil society
actors and political organizations.
118. Moreover, it became clear that there was an absence of understanding of the real role
of trade unions, even among their own members, because they are perceived as entities
expected to provide entertainment or material benefits, instead of openly engaging in
advocacy for labour rights and solving labour disputes.
119. The Special Rapporteur is concerned by the allegations of harassment and
intimidation against workers in the informal sector and encourages trade unions to establish
programmes and activities for those employed in that sector. The Armenian labour market
is insufficiently regulated, allowing for workers to be dismissed without sufficient
safeguards. The legal framework can inhibit the freedom of trade unions to form, organize
14
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