15 Years of Government Agencies Shuffling Responsibility Have Violated Pilots' Rights, Ombudsman States

The rights of disabled pilots have been violated due to a tug-of-war among government and judicial bodies for about 15 years, and they continue to remain infringed upon. This was reported by the Office of the Human Rights Defender of Armenia.

This is a classic example of how various government bodies have shirked responsibility, hiding behind judicial disputes and failing to establish legislative foundations for resolving the issue, resulting in people being deprived for years of their right to compensation for damages caused by workplace accidents and occupational diseases.

Disabled pilots have been forced to raise the issue of protecting their rights anew with every government, but in the end, they repeatedly receive only evasive responses that evoke unfounded fears, offering mere hopes to the people.

This case exemplifies how the bureaucracy of the executive power disrupts the idea of the rule of law and grossly violates the constitutional principle that acknowledges human beings as the highest value.

The case shows that the state does not practically ensure its responsibility towards individuals and their specific problems, nor respect their specific rights, regardless of the fact that governments have enshrined the ideas of human rights protection in strategic documents over the years.

Such bureaucratic tug-of-war devalues and nullifies these ideas in people's eyes, turning them into unreal 'thoughts' merely declared in manifestos.

The pilots' case was first registered in the Office of the Human Rights Defender in 2006, which means 15 years ago. During these years, human rights defenders have sent dozens of letters to the relevant state bodies with necessary legislative reviews and proposals for resolving the issue, and have organized or initiated discussions.

Several dozen meetings have taken place between the staff of the Human Rights Defender, the Ministry of Labor and Social Affairs, the Ministry of Justice, representatives of the Public Organization 'Disabled Pilots of Armenia', and other parties involved in resolving the issue.

The problem has been voiced in the reports and communications of the human rights defenders for years. The matter is that in 2004, the government abolished a provision which stated that in the event of the dissolution or restructuring of the organization leading to the cessation of activities, damages would be compensated by its successor, and in the absence of the latter, by the state budget.

As a result, the pilots have been deprived of monthly payments for damages caused to their life and health due to workplace accidents and occupational diseases.

From 2006 to 2020, the pilots, whose aim was to receive damages due to the final court act, awaited the conclusion of judicial processes regarding the dissolution of the organization.

For more than 7 years, the Ministry of Labor and Social Affairs has circulated a draft law that has yet to materialize, aiming to resolve the issues of compensating individuals affected by accidents and occupational diseases following the organization's dissolution.

Meanwhile, the unfounded delays in the adoption of the draft over the years prove that governments have not made and continue to not make consistent efforts to eliminate violations of human rights.

In 2017 and 2020, discussions with the government and the resulting work arrangements recorded certain positive shifts toward resolving the issue. Such a shift was the legislative initiative directed at resolving the issue.

However, in 2020, the Ministry of Justice halted the process following a negative conclusion regarding the adoption of the draft.

Afterwards, discussions involving the staff of the Human Rights Defender and disabled pilots within the Ministry of Labor and Social Affairs clearly revealed that no concrete steps have been presented to solve the problem until today.

As a result, a situation has developed where Armenia’s international obligations are also disregarded. It turns out that although none of the respective authorities deny the existence of a problem, this issue remains unresolved. The right of the person has not been restored.

The age and health conditions of disabled pilots, and their life expectancy which should have contributed to an urgent and favorable resolution to their issues, have been ignored, leaving them in unacceptable oblivion for years, rather than being prioritized in discussions.

We will continue to utilize all available measures within the jurisdiction of the Human Rights Defender to restore the violated rights of the pilots.