Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

Worst Forms of Child Labour Convention, 1999 (No. 182) - Georgia (Ratification: 2002)

The Committee notes the Government’s first report and requests it to provide further information on the following points.

Article 3 of the Convention. The worst forms of child labour. Clause (a). 1.  Sale and trafficking of children. The Committee notes that section 172 of the Criminal Code of Georgia prohibits "the purchase and sale of a minor or carrying out any illegal deal in respect thereof" and provides for a higher penalty for the purchase and sale of a minor in order to illegally take the minor abroad (paragraph (e)), or to involve one in criminal or other anti-public activities (paragraph (f)), or to transplant or otherwise use a member, part of member or tissue of the victim (paragraph (g)). The Committee requests the Government to inform it as to the meaning of the term "minor" for the purposes of these provisions of the Criminal Code.

2. Slavery, bondage, serfdom and forced or compulsory labour. The Committee notes that, according to article 18 of the Constitution of Georgia, liberty of an individual is inviolable and deprivation of liberty or other restriction of personal liberty without a court decision is impermissible. Article 30 of the Constitution states that labour shall be free. The Committee also notes that section 2 of the Labour Code provides that "every worker has the right to that labour activity which he/she chooses independently or which he/she agrees on" and "forced labour is prohibited".

3. Forced or compulsory recruitment of children for use in armed conflict. The Committee notes that, pursuant to article 101 of the Constitution, defence of the country and discharge of military service is the duty of every able citizen. It also notes that, according to the Government’s initial report to the Committee on the Rights of the Child (CRC/C/41/Add.4 of 26 May 1997, paragraph 18), after reaching 18 years of age all Georgian men are subject to military service and the law does not permit military service at a lower age. According to the information available at the Office, the Law on Military Service of 1992, as amended in 1996, states that all men at the age of 18 are liable for two years of military service.

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee notes that section 171 of the Criminal Code prohibits the involvement of minors in prostitution or "other sexual perversion" or the persuasion of minors to participate in any "other anti-public action". It also notes that section 253 of the Criminal Code provides for penalties for engaging someone in prostitution, by threatening to use violence or destroy property, by blackmail or by deception. Section 254 of the Criminal Code punishes anyone who sets up or maintains a brothel.

2. Use, procuring or offering a child for the production of pornography or for pornographic performances. The Committee notes that section 255 of the Criminal Code punishes the illicit production, distribution or promotion of pornographic material. It notes however that while this provision of the Criminal Code prohibits acts relating to pornography in general, there appear to be no provisions that prohibit the use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee reminds the Government that, under Article 3(b) of the Convention, the use, procuring or offering of children under the age of 18 for the production of pornography or for pornographic performances constitutes one of the worst forms of child labour and that, under the terms of Article 1 of the Convention, each member State which ratifies this Convention must take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. It accordingly requests the Government to indicate the measures taken or envisaged to prohibit the use, procuring or offering of children under 18 years of age for the production of pornography or for pornographic performances, as well as the sanctions envisaged.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee notes that section 145 of the Criminal Code prohibits persuading others to commit a crime. It also notes that section 171 prohibits the involvement of minors in anti-public activity. The Committee further notes that Chapter XXXIII of the Criminal Code deals with a range of drug-related offences, including the preparation, production, purchase, keeping, shipment, transfer or sale of narcotics or psychotropic substances (sections 260 and 261), illegal import or export of narcotics (sections 262 and 263) and the illicit sowing, growing or cultivating of plants containing narcotics (section 265). The Committee requests the Government to indicate whether sections 145 and 171 of the Criminal Code prohibit the use, procuring or offering of a child under the age of 18 for the production and trafficking of drugs as required by Article 3(c).

Article 3, clause (d), and Article 4, paragraph 1. Determination of hazardous work. The Committee notes that section 169 of the Labour Code prohibits arduous work, hazardous occupations, as well as underground work for persons under the age of 18. Minors are prohibited from displacing and moving heavy loads that exceed the established limits. Section 169 further states that a list of the types of arduous work and hazardous occupations in respect of which the labour of persons under 18 is prohibited, shall be approved by the laws of Georgia. Section 171 of the Labour Code prohibits the employment of workers and employees under 18 for night work and overtime work. The Committee further notes the Government’s information that the list of the types of work, to which persons under the age of 18 shall not be admitted, was established by the Interdepartmental Order of 27 April 1988. It prohibits work in heavy, harmful and hazardous conditions and underground work, as well as work in engineering and metalworking sectors; work as a welder and metalworker; work in shipbuilding and ship repair yards; work related to construction and repair of aircrafts; electric, radio and electronic engineering work; production of building materials, pottery, porcelain, faience, glass and glassware; paper production, as well as in light industry and knitted goods production. The Committee therefore requests the Government to provide a copy of Interdepartmental Order of 27 April 1988 and other relevant legislation.

Article 4, paragraph 2. Identification of hazardous work. The Committee notes the absence of information from the Government on this matter. It draws the Government’s attention to Article 4, paragraph 2, of the Convention according to which the competent authority, after consultation with the organizations of employers and workers concerned, shall identify where the types of work determined as hazardous exist. The Committee requests the Government to provide information on the measures taken to identify where the types of hazardous work exist.

Article 4, paragraph 3. Periodic examination and revision of the list of hazardous work. The Committee notes the Government’s information that the elaboration of a new version of the Labour Code is under way in the country, which would reflect in full the requirements of the Convention. In particular, under the new Labour Code, it shall not be admissible to engage persons under 18 years of age in gambling houses, night clubs and cabarets, in the manufacturing, production and transportation of narcotics and toxic agents and other work which would damage the health and morality of such persons. After the adoption of the Code the list of types of work, to which the persons under the age of 18 years shall not be admitted, shall be adjusted. The Committee requests the Government to continue providing information on progress made in the revision of the list of types of hazardous work expected after the adoption of the new Labour Code. It also asks the Government to supply information on the consultations held with organizations of employers and workers concerned.

Article 5. Monitoring mechanisms. 1. Labour inspection. The Committee notes that, according to section 237 of the Labour Code, the labour inspectorate under the Ministry of Labour, Health and Social Protection carries out the state supervision of the observance of the labour law, provisions of other acts related to labour protection in all enterprises, institutions, organizations, regardless of their property and organizational and legal form. It notes, however, the Government’s statement that the labour inspectorate does not have at its disposal any information about the violations of the working conditions of children. The Committee also notes the Government’s indication that the studies of child labour are not carried out in a systematic way that would give a real picture of the situation and make information more precise. It further notes that the Committee on Economic, Cultural and Social Rights in its concluding Observations (E/C.12/1/Add.83 of 19 December 2002, paragraph 34) has urged the Government to improve the legislation concerning labour inspections, in particular with regard to the private sector, and to provide more resources to the labour inspectorate. The Committee asks the Government to indicate the measures taken or envisaged to provide labour inspectors with adequate human and financial resources in order to monitor the effective implementation of the national provisions giving effect to the Convention. The Committee also requests the Government to provide further information on the activities of labour inspectors, including the number of workplaces investigated per year, and on the findings.

2. Department on the Affairs of Minors of the Ministry of Internal Affairs. The Committee notes the Government’s indication that the Department on the Affairs of Minors of the Ministry of Internal Affairs of Georgia exercises state control over the observance of the requirements of the Convention. It therefore requests the Government to provide further information on the concrete measures taken by the Department on the Affairs of Minors in monitoring the implementation of the Convention, and the results achieved.

3. Georgian Children’s Federation. The Committee notes that, according to the Government’s second periodic report to the Committee on the Rights of the Child (CRC/C/104/Add.1 of 28 April 2003, paragraph 43), the Georgian Children’s Federation was set up in April 1999 by a Presidential Decree. Its tasks include yearly monitoring of the situation of children and young people in Georgia and providing care for socially deprived children. The Committee requests the Government to provide information on the activities of the Georgian Children’s Federation concerning the elimination of the worst forms of child labour.

Article 6. Programmes of action to eliminate the worst forms of child labour. 1. National Programme of Action for the Welfare of Children and Unified National Programme of Action to Provide Assistance to Children of Georgia. The Committee notes that, according to the Government’s second periodic report to the Committee on the Rights of the Child (CRC/C/104/Add.1 of 28 April 2003, paragraphs 21 and 22), the Georgian President, in March 2001, issued resolution No. 189 on the establishment of a state commission to develop a central National Programme of Action for the Welfare of Children. The state commission is responsible for developing and submitting a central National Programme of Action for the Welfare of Children for the period 2002-07, and for ensuring that Georgian legislation relevant to the welfare of children is gradually brought in line, in the prescribed manner, with international Conventions and other agreements. It also notes the Government’s information that the Ministry of Internal Affairs developed the state programme, which is fully reflected in the Unified National Programme of Action to Provide Assistance to Children of Georgia, adopted in 2003 and envisaged for implementation in 2003-07. The Committee requests the Government to provide more detailed information on the achievements and impact of these programmes on eliminating the worst forms of child labour.

2. State programme for the protection, development and social rehabilitation of minors. The Committee notes that, according to the Government’s second periodic report to the Committee on the Rights of the Child (CRC/C/104/Add.1 of 28 April 2003, paragraph 60), the President of Georgia in 2000 issued the State programme for the protection, development and social rehabilitation of minors, deprived of parental care and prone to anti-social behaviour, as well as homeless (street) children. The programme has as its primary goals: formation of a legal and regulatory framework to uphold the rights of children in the above category; study of different aspects of the problem of street children and efforts to promote their vocational guidance and social rehabilitation; creation of rehabilitation centres and specialized schools, and the development and introduction of specially tailored programmes for the education and upbringing of children; and tackling the problem of the further integration and welfare of street children. The Committee requests the Government to supply a copy of the abovementioned state programme and to provide information on its impact on protecting street children from the worst forms of child labour.

3. Plan of action to combat violence against women. The Committee notes that, according to the Government’s second periodic report to the Committee on the Rights of the Child (CRC/C/104/Add.1 of 28 April 2003, paragraph 288), the plan of action to combat violence against women for the period 2000-2002 was ratified by Presidential Decree in February 2000. The plan has as one of its objectives the prevention and elimination of trafficking in women for the purpose of sexual exploitation. The executors of this plan are both legislative and executive bodies, as well as trade unions, NGOs and mass media. The Committee requests the Government to supply a copy of this plan of action and to provide information on its impact on eliminating the trafficking of women under the age of 18 for the purpose of sexual exploitation.

Article 7, paragraph 1. Penalties. The Committee notes that sections 143, 145, 169, 171 and 172 of the Criminal Code establish sufficiently effective and dissuasive penalties of imprisonment for breach of the provisions prohibiting: illegal imprisonment, provocation of a crime, violation of labour legislation, involving minors in anti-public activity, including prostitution and trafficking of minors. The Committee requests the Government to indicate which provisions of the national legislation contain penalties for violation of the provisions of the Labour Code prohibiting hazardous work for persons under 18.

Article 7, paragraph 2. Effective and time-bound measures. The Committee notes that the Government has provided no information on Article 7, paragraph 2(c) and (e), of the Convention. It accordingly requests the Government to provide detailed information on effective and time-bound measures to: (c) ensure access to free basic education, and, whenever possible and appropriate, vocational training, for all children removed from the worst forms of child labour; and (e) take account of the special situation of girls.

Clause (a). Prevent the engagement of children in the worst forms of child labour. The Committee notes that, according to article 35 of the Constitution, primary education is compulsory and the State provides basic education at its own expense. Citizens have the right to receive free secondary, professional and higher education at state educational institutions. According to the Law on Education of 1997, primary education is compulsory and lasts six years. Children are admitted to primary education at the age of 6. Basic secondary education (three years’ duration, normally up to the age of 15) is provided free of charge. The State provides for free vocational training to persons up to the age of 18. The Committee also notes that, according to the Government’s second periodic report to the Committee on the Rights of the Child (CRC/C/104/Add.1 of 28 April 2003, paragraphs 54 and 55), in order to implement the constitutional requirement to ensure the development of Georgia’s high mountain regions, the Mountain and High Mountain Districts of Georgia (Social, Economic and Cultural Development) Act has been adopted. Under this Act, the State provides full secondary education free of charge for children from high mountain villages. To ensure that education is available to all children in high mountain districts, schools have been permitted to open classes for as few as three or four children, while the standard class size elsewhere in the country is 25.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. The Committee notes that, according to the Government’s second periodic report to the Committee on the Rights of the Child (CRC/C/104/Add.1 of 28 April 2003, paragraphs 157-159), the Ndoba ("Trust") social and psychological assistance centre deals with issues of rehabilitation and social integration of children. The centre has the following permanent services: hotline, by which specialist staff can provide psychological support to children and adolescents (in 2002 more than 800 children received assistance of this kind); social and psychological consultation services (some 400 children received such assistance); and children’s and teenagers’ readaptation club (more than 300 children received psychological and social assistance through the club). The Committee requests the Government to provide information on the measures taken to ensure the rehabilitation and social integration of the children removed form the worst forms of child labour. It also requests the Government to provide statistical data on the number of children who are, in practice, removed from work.

Clause (d). Identifying and reaching out to children at special risk. 1. Street children. The Committee notes that, according to the Government’s second periodic report to the Committee on the Rights of the Child (CRC/C/104/Add.1 of 28 April 2003, paragraphs 221-222), a non-governmental organization Children and the Environment carried out a project on street children in Tbilisi designed to provide psychological and social rehabilitation for these children. Under this project a shelter was created in 1997 for street children, accommodating 50 children by day and 20 by night. Since January 2000, the UNICEF office in Georgia has been funding a special programme for street children, which is also being implemented by Children and the Environment. Under this programme, cultural and educational activities are conducted by teachers, psychologists and sociologists with the children on the streets. However, the Committee notes that the Committee on the Rights of the Child in its concluding Observations (CRC/C/15/Add.222 of 27 October 2003, paragraph 64) expressed concern regarding the high number of street children who are often victims of trafficking networks and various other forms of exploitation. The Committee on the Rights of the Child recommended to the Government to undertake a study to assess the scope and causes of the phenomenon and to consider establishing a comprehensive strategy to address the increasing number of street children. The Committee considers that children living in the streets are particularly exposed to the worst forms of child labour. It therefore requests the Government to provide information on the effective and time-bound measures taken to protect young persons under 18 years of age living in the streets from the worst forms of child labour and to provide for their rehabilitation and social integration.

2. Child victims of commercial sexual exploitation. The Committee notes that the Committee on the Rights of the Child in its concluding Observations (CRC/C/15/Add.124 of 28 June 2000, paragraph 66) expressed concern about the increasing number of child victims of commercial sexual exploitation, including prostitution and pornography, and the insufficient programmes for the physical and psychological recovery and social reintegration of child victims of such abuse and exploitation. It noted that there have been reported incidents of sale, trafficking and abduction of children, especially girls, for commercial sexual exploitation. It recommended that the Government undertake studies with a view to designing and implementing appropriate legislation, policies and measures, including care and rehabilitation, to prevent and combat the sexual exploitation of children, as well as the sale, trafficking and abduction of children for commercial sexual exploitation. The Committee requests the Government to provide information on the effective and time-bound measures taken to address the situation of these children.

Article 8. International cooperation and assistance. The Committee notes that Georgia is a member of Interpol, which helps cooperation between countries in the different regions especially in the fight against trafficking of children. It also observes that Georgia ratified the Convention on the Rights of the Child in 1994. It further notes that Georgia is a party to the following international drugs Conventions: Single Convention on Narcotic Drugs of 1961 as amended by the 1972 Protocol, Convention on Psychotropic Substances of 1971, and United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of 1988. The Committee also notes that Georgia signed in 2000, but has not yet ratified the United Nations Convention against Transnational Organized Crime as well as its Protocol against human trafficking. It further notes that Georgia signed in 1999 a cooperation programme with the ILO for the period 1999-2001. The Committee asks the Government to provide information on any steps taken to assist other member States or on assistance received giving effect to the provisions of the Convention through enhanced international cooperation and/or assistance including support for social and economic development, poverty eradication programmes and universal education, in conformity with the requirements of the Convention.

Part III of the report form. The Committee notes the Government’s indication that, according to the information of the Ministry of Internal Affairs, during the year of 2003, 11 cases of unlawful possession of arms and two cases of arms trafficking were reported among persons under age of 18. In accordance with the information of the Supreme Court of Georgia, the courts examined 24 cases concerning the unlawful possession, trafficking and distribution of narcotics by persons under age, including five young persons of 14-15 years and 19 minors of 16-17 years. It also notes that, according to the information provided by the Ministry of Internal Affairs for 2003, there is no data on the sexual exploitation of children and their use in pornography. The Committee encourages the Government to continue to supply information on courts decisions regarding the legislation relevant to the application of the Convention, even if the provisions of the Convention as such were not among the focus of the decisions.

Parts IV and V of the report form. The Committee notes that, according to the report on child labour in Georgia prepared in 2004 by the National Statistical Office with the assistance of ILO/IPEC, there are about 118,000 economically active children (21.5 per cent of all children) and about half of them are found in situations of child labour that needs to be eliminated (10.6 per cent of all children). However, it notes that this study does not generate statistics on the worst forms of child labour as such (except for those working for more than 43 hours per week, which could be regarded as hazardous work due to excessive hours). The Committee requests the Government to continue providing information on the application of the Convention in practice and on any practical difficulties encountered in the application of the Convention, in particular, concerning such issues as child trafficking and the use of children in sexual exploitation. The Committee also asks the Government to supply copies or extracts from official documents including inspection reports, studies and inquiries and where such statistics exist, information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penalties applied.