Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

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

The Committee notes the Government’s information and the comments of the Georgian Trade Unions Confederation (GTUC) dated 30 August 2006. It requests the Government to provide further information on the following points.

Article 3 of the Convention. Worst forms of child labour. Clause (a) 1. Sale and trafficking of children. The Committee had previously noted 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 had requested the Government to indicate the meaning of the term “minor”. The Committee notes the Government’s statement that the Criminal Code does not define under age differently from general legislation. By virtue of the legislation in force under-age persons means persons under the age of 18 years. The Committee requests the Government to supply a copy of the legislation that defines under-age persons as persons under the age of 18 years.

Clause (b). 2. Use, procuring or offering a child for the production of pornography or for pornographic performances. Following its previous comments, the Committee notes the Government’s information that, pursuant to the amendments made to the Criminal Code on 3 June 2006, section 255 of the Criminal Code now prohibits the production and keeping of, also offering, distribution, sale, advertising or otherwise making public of pornographic material containing portrayal of under-age persons on penalty of fine or correctional labour of three years or confinement for the same period of time. Section 2551 of the Criminal Code as amended on 28 April 2006 prohibits the engagement of under-age persons in the production, distribution, advertisement and trade in pornographic production or other items of pornographic nature on penalty of confinement from two to five years. The Committee takes due note of this information and requests the Government to supply a copy of the amendments made to the Criminal Code in 2006.

Clause (c). Use, procuring or offering of a child for illicit activities. With reference to its previous comments, the Committee notes the Government’s indication that section 171, Part 2, of the Criminal Code has been amended on 28 April 2006. By virtue of the amendment, engagement of under-age persons in non-medicinal use of soporific and pharmaceutical substances is prohibited on penalty of confinement of three years. The Committee also notes that section 4(4) of the new Labour Code of 2006, prohibits under-age persons from entering into a contract for the performance of work related to the production of pharmaceutical and toxic substances, conveyance and realisztion. The Committee requests the Government to supply a copy of section 171 of the Criminal Code as amended in 2006.

Article 3, clause (d). Hazardous work. The Committee notes that, by virtue of section 4(5) of the new Labour Code (entered into force on 4 July 2006), it is prohibited to conclude a contract with under-age persons for hard, unhealthy and hazardous work. Section 4, subsection (4), of the Labour Code prohibits under-age persons from entering into a contract for work related to the gambling business, night entertainment institutions, pornography production, and production of pharmaceutical substances, conveyance and realization. The Committee also notes that section 18 of the Labour Code prohibits the employment of minors for night work (from 10 p.m. to 6 a.m.). The Committee also takes note of the Government’s information that the employers’ and employees’ representative organizations collaborated in discussions of the current edition of the Labour Code.

Article 4, paragraph 1. Determination of hazardous work. The Committee notes the Government’s information that, under the new Labour Code, a draft list of hard, harmful and hazardous work has been elaborated. The project is currently passing through in-state procedures, upon completion of which it should be ratified. As part of in-state procedures the list has been sent to employees’ and employers’ organizations for approval. The Committee hopes that the elaborated version of the list of the types of hazardous work will be adopted promptly and requests the Government to send a copy of the list once it has been adopted.

Article 5. Monitoring mechanisms. The Committee notes the Government’s statement that an inspectorate has been established on 17 May 2006, so information on specific activities undertaken will be provided in the next government report. With reference to its earlier comment, the Committee notes the Government’s information that, following the reform of the Ministry of Internal Affairs, an Under-age Affairs Inspectorate has replaced the Anti-underage and Student Crime Department. The inspector is obliged to know the number and composition of the under-18 population of the district, location of educational, cultural and sports institutions as well as the location of industries and organizations and other peculiarities of the district of which the inspector is in charge. The inspector is obliged to take measures against children’s participation in criminal activities. The Committee requests the Government to provide information on the functioning of the inspectorate established on 17 May 2006, particularly with regard to the worst forms of child labour. The Committee also requests the Government to provide further information on the functioning and the concrete measures taken by the Underage Affairs Inspectorate in monitoring the implementation of the Convention, and the results achieved.

Article 6. Programmes of action to eliminate the worst forms of child labour. Action Plan against Trade in Human Beings. The Committee notes that, by virtue of the Presidential Decree No. 623 of 29 December 2004, an Action Plan against Trade in Human Beings (Trafficking) 2005-06 has been approved. The Committee requests the Government to provide more detailed information on the achievements and impacts of this programme on eliminating the worst forms of child labour.

Article 7, paragraph 1. Penalties. The Committee had previously requested the Government to indicate the provisions of the national legislation that provides penalties for the violations of the provisions of the Labour Code prohibiting hazardous work by persons under 18 years. The Committee notes the Government’s indication that, by virtue of section 42(4) of the Code of Administrative Offences of Georgia an employer who violates under-age employment requirements can be fined up to 200 times the minimum wage. The Committee requests the Government to provide a copy of the provisions of the Code of Administrative Offences which lays down penalties for the violation of the provisions of the Labour Code prohibiting hazardous work for persons under 18 years.

Article 7, paragraph 2, clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. 1. Street children. The Committee notes the comments by the Georgian Trade Unions Confederation, dated 30 August 2006, that there are reports of children as young as 9 years working on the streets of Tbilisi, in markets and sometimes at night, carrying or loading wares. Children as young as 5 years of age work as beggars. The number of beggars is especially high among homeless children. The Committee notes the Government’s information regarding the state programmes for street children in Tbilisi entitled “Street children social integration programme; Aid to uncared-for children programme, and the Training, supplementary education and trade teaching programme.” The former programme has as its goals: study of different aspects of street children including their mental and physical health, their psychic conditions, and their family affairs; elaboration of best strategy for children and adolescents’ health, life and development, and settlement of children and adolescents into the best environment. The latter two programmes aim at trade teaching and job placement for homeless children and children from socially exposed families. The Committee also notes the Government’s information that, with the support of the UN Children’s Fund and World Vision, the “Street children aid project” has been implemented in 2005-06. The project was intended to support the social integration of street children and children at risk, and covered the following topics: decision-making skills; prevention of especially harmful substance addiction; and prevention of sexually contracted diseases. Within the scope of the project, 150 trainers have been prepared, both from the governmental and non-governmental sectors. The Committee requests the Government to provide further information on the impact of the above measures on protecting street children from the worst forms of child labour, and providing for their rehabilitation and integration.

2. Child victims of trafficking. The Committee notes the comments by the Georgian Trade Unions Confederation that women are trafficked from the country to Turkey, Israel, the United Arab Emirates, the United States and Western Europe to work in bars, restaurants or as domestic help or prostitutes. There are unconfirmed reports of trafficking in children, with street children and children living in the orphanages being particularly vulnerable. The Committee notes that the Government of Georgia adopted a new law on combating human trafficking. The law provides for the protection of the rights of the victims of human trafficking; ensure protection, assistance rehabilitation and reintegration of the victims of human trafficking including professional training and other educational programmes; and ensure safe, decent and appropriate accommodation or dwelling for the victims of human trafficking. The child victims of human trafficking are subject to the protection mechanisms established by the United Nations Convention on the Rights of the Child as of 20 November 1989, the Council of Europe Convention on Action against Trafficking in Human Beings and guidelines adopted by international organizations in the field of protection of child victims of human trafficking. The law guarantees special protection to child victims of human trafficking (section 18). The Committee also notes the Government’s information that, the state-funded psychological and medical aid programme for trafficking victims provides for short and long-term plans of family and social reintegration. Within the scope of this programme, victims are granted residence in special refuges and are provided with free legal aid. The Committee requests the Government to provide further information on the impact of the above measures on protecting young women and children under 18 years from trafficking and on providing for their rehabilitation and social integration.

3. Statistical information. Following its previous comments, the Committee notes the Government’s statement that, no statistics are found on the number of children removed from the worst forms of child labour. UNICEF and Save the Children have initiated a programme intended to carry out research on the number of street children in the country, which should be followed by elaboration of a specific action plan. The Committee requests the Government to continue providing information on the programmes that are currently being implemented in the country, in particular with regard to the number of children withdrawn and rehabilitated pursuant to the state programmes on street children and child trafficking.

Clause (d). Identifying and reaching out to children at special risk. Child victims of commercial sexual exploitation. The Committee had previously noted 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 at 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 also noted that there have been reported incidents of the sale, trafficking and abduction of children, especially girls, for commercial exploitation. The Committee once again requests the Government to provide information on the time-bound measures adopted or envisaged to address the situation of these children.

Article 8. International cooperation and assistance. The Committee notes the Government’s information that, under the aegis of ILO/IPEC a seminar on child labour was held in April 2006, with the participation of the Ministry of Internal Affairs, Education and Science, and also representatives of employers’ and employees’ organizations and other stakeholders from both local and international organizations. The Committee notes that Georgia ratified the United Nations Convention against Transnational Organized Crime and Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, on 7 July 2006. The Committee also notes that the Government actively cooperates with UNICEF and Save the Children with regard to the worst forms of child labour-related issues.

Parts IV and V of the report form. The Committee requests the Government to continue providing information on the application of the Convention in practice and, in particular, to provide information on the situation of street children and the use of children in sexual exploitation. The Committee once again requests 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, convictions and penalties applied.