Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

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

Article 3 of the Convention. Worst forms of child labour. Clause (a). Sale and trafficking of children. The Committee had previously noted that section 172 of the Criminal Code prohibits “the purchase and sale of a minor or carrying out any illegal deal in respect thereof”. It had also noted the Government’s statement that a minor, for the purposes of the Criminal Code, means a person under the age of 18 years. It had requested the Government to supply a copy of the legislation providing the above definition. The Committee notes the Government’s statement that, according to section 12(2) of the Civil Code of Georgia, a minor is a person under the age of 18 years. The Committee further notes the Government’s statement, pursuant to the amendments made to the Criminal Code, the crime of trafficking in persons has now been brought in full compliance with the definition given in the Council of Europe Convention on Action against Trafficking in Human Beings ratified by Georgia on 24 November 2006. It notes that, according to section 143(2) of the Criminal Code, the selling or buying of minors, or recruiting, transporting, harbouring or taking them on for purposes of exploitation, or subjecting them to other illegal deals, shall be punishable by imprisonment from eight to 15 years. For the purposes of this section, “exploitation” includes using persons with the intention of engaging them in forced labour, criminal or other antisocial activities, or prostitution, or subjecting them to sexual exploitation or other services.

Clause (b). Use, procuring or offering a child for the production of pornography or for pornographic performances. The Committee had previously noted the Government’s information regarding the amendments made to sections 255 and 255(1) of the Criminal Code which criminalize the offences related to the production, sale and distribution or advertising of pornographic material containing under age persons. The Committee had requested the Government to supply a copy of the above amendments. Noting that the Government has not supplied a copy of these texts, the Committee once again requests the Government to supply a copy thereof with its next report.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee had previously noted the Government’s indication that section 171, Part 2, of the Criminal Code had 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 had requested the Government to supply a copy of section 171 of the Criminal Code as amended in 2006. Noting that the Government has not supplied a copy of this text, the Committee once again requests the Government to supply a copy of section 171 of the Criminal Code as amended in 2006, along with its next report.

Article 4, paragraph 1. Determination of hazardous work. The Committee had previously noted that, under the new Labour Code, a draft list of hard, harmful and hazardous work had been elaborated and sent to the employees’ and employers’ organizations for approval. The Committee notes with interest the Government’s information that the Minister of Labour, Health and Social Affairs adopted Order No. 147/N, 3 May 2007 which provides for a list of heavy, hazardous and harmful works. The Committee requests the Government to supply a copy of the above Order No. 147/N along with its next report.

Article 5. Monitoring mechanisms. 1. Under-age Affairs Inspectorate. The Committee had previously noted the Government’s statement that an Under-age Affairs Inspectorate was established within the Ministry of Internal Affairs with the aim of protecting vulnerable children from various forms of abuse as well as taking measures against children’s participation in criminal activities. The Committee notes the Government’s statement that a District Inspection Unit has been developed within the inspectorate which consists of district inspectors allocated to each district. The district inspectors are in day-to-day contact with the inhabitants of the district and they possess information on children vulnerable to crime and abuse and take preventive measures. They also visit schools and conduct discussions on specific topics as well as on crime related issues. In 2007, the Ministry of Internal Affairs carried out a project on “Life without Drugs” covering every school in Georgia and which involved interactive discussions on drug abuse. The Committee requests the Government to provide information on the impact of the activities of the Under-age Affairs Inspectorate on the prevention of the worst forms of child labour.

2. Interagency Coordination Council for Carrying out Measures against Trafficking in Persons. The Committee notes the Government’s statement that as envisaged in the newly adopted Law on Combating Trafficking in Persons, an Interagency Coordination Council for Carrying out Measures against Trafficking in Persons (Interagency Coordination Council) was established. The Interagency Coordination Council consists of the representatives from the Ministry of Labour, Health and Social Protection, Ministry of Internal Affairs, Ministry of Justice, Ministry of Education and Science, Ministry of Foreign Affairs and members from international organizations, such as the United States Agency for International Development (USAID), the United Nations Children’s Fund (UNICEF), the International Organization for Migration (IOM) and the European Commission with the Prosecutor General of Georgia appointed as its chairperson. It notes the Government’s statement that the Interagency Coordination Council serves as an overall coordinator of anti-trafficking measures undertaken by the Georgian state agencies. It also serves as an advisory organ preparing recommendations for the President of Georgia on the issue of trafficking in persons, and a body monitoring the anti-trafficking in persons activities in the country. The Committee further notes the Government’s statement that, pursuant to section 8 of the Law on Combating Trafficking in Persons, a unified information database was also created. The purpose of this database is to facilitate the process of identification of human traffickers, to promote effective cooperation, coordination and mobilization of the Government agencies for the fight against trafficking, to prevent trafficking on the basis of systematized data and to provide timely and effective aid and protection for victims of trafficking. The Committee requests the Government to provide information on the impact of the anti-trafficking measures undertaken within the framework of the Interagency Coordination Council in combating trafficking in children. It also requests the Government to provide information on the number of cases of trafficking in children identified and entered in the unified information database and on the measures taken to protect such children and the results achieved.

3. Police and public prosecutors. The Committee notes the Government’s statement that the fight against trafficking in persons is one of the topics included in the curriculum of the Police Academy and at the training centre of the Office of the Prosecutor General. In 2007, the Office of the Public Prosecutor General initiated public discussions and meetings directed towards raising public awareness on the issue of trafficking in persons. The Committee also notes the Government’s statement that there are specialized investigators and prosecutors working on trafficking cases. The law enforcement authorities regularly report on the prosecution of the cases of trafficking in persons before the Interagency Coordination Council. The Committee further notes the Government’s statement that, as a result of active cooperation between the Prosecutor General of Georgia, the Ministry of Foreign Affairs and the IOM, two Georgian nationals and an Uzbek national who were victims of trafficking were safely returned to their respective home countries in 2007. The perpetrator of the crime against one of these victims was sentenced to 11 years of imprisonment. The Committee requests the Government to continue providing information on the number of investigations carried out and violations detected with regard to the trafficking of children.

Article 6. Programmes of action to eliminate the worst forms of child labour. National Action Plan on the Fight against Trafficking in Persons. The Committee notes that the two year National Action Plan on the Fight against Trafficking in Persons 2005–06 was concluded and a new National Action Plan on the Fight against Trafficking in Persons for the year 2007–08 was adopted at the beginning of 2007. The 2007–08 National Action Plan attributes equal attention to the prevention of trafficking in persons, as well as the protection of the victims of trafficking and prosecution of the offenders. However, during 2007, special attention was paid to elaborate and effectively implement programmes directed towards reintegration of victims of trafficking in persons. The Committee also notes the Government’s information that this National Action Plan envisages a clear systematic monitoring mechanism of the activities of the relevant state agencies. Each agency is obliged to submit a progress report once in three months to the Interagency Coordination Council. The Committee requests the Government to provide information on the implementation of the National Action Plan 2007–08. It also requests the Government to provide information on the impact of the measures taken in providing assistance to child victims of trafficking and for their reintegration and to indicate the number of children withdrawn and rehabilitated pursuant to this National Action Plan.

Article 7, paragraph 1. Penalties. The Committee had previously requested 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. Noting that the Government has not supplied a copy of this text, the Committee once again requests it to supply a copy thereof with its next report.

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. Child victims of trafficking. The Committee notes the Government’s information that the Interagency Coordination Council approved the strategy for the rehabilitation and reintegration of the victims of trafficking on 19 July 2007. Pursuant to section 9 of the Law on Combating Trafficking in Persons, 2006, a State Fund for Protection of, and Assistance to, Victims of Trafficking in Persons, which provides the payment of compensation (of 1,000 Lari (GEL) per victim) to victims of trafficking and finances their protection, assistance and rehabilitation measures, was established in 2006. The Committee also notes the Government’s information that the first shelter, which provides services to the victims of trafficking, started functioning from 2006, and that the second shelter was planned to start functioning in the second half of 2007. According to the Government’s report, the shelter provides the following services: a secure place of residence with decent living conditions; food and clothes; medical assistance; psychological counselling; legal assistance; and participation in the rehabilitation and reintegration programmes. It notes that currently there are five victims placed in the shelter. The Committee requests the Government to provide information on the measures taken under the strategy for the rehabilitation and reintegration of the victims of trafficking, to rehabilitate and reintegrate child victims of trafficking and the results obtained. It also requests the Government to indicate the number of child victims of trafficking under the age of 18 years who have been received in the shelters and rehabilitated.

2. Street children. The Committee had previously noted the comments by the Georgian Trade Unions Confederation, dated 30 August 2006, that there were reports of children as young as 9 years working on the streets of Tbilisi, in markets and sometimes at night, carrying or loading wares and children as young as 5 years of age working as beggars. The Committee notes the Government’s statement that the source of the above information is not clear and that there exists no single document that would lead to such an assessment or conclusions. The Government further states that the majority of street children are of Roma origin. The Committee notes, however, that the Committee on the Rights of the Child, in its concluding observations (CRC/C/15/Add.222, 27 October 2003, paragraphs 64 and 65) expressed concern at the high number of street children who are often victims of trafficking networks and other forms of exploitation, indicating that the number of children living on the streets are increasing and that families are allowing children as young as 7 years to make a living on the streets. The Committee accordingly requests the Government to investigate the phenomenon and to take effective and time-bound measures for the protection and removal of street children and child beggars, in particular Roma children, from the worst forms of child labour.

Clause (d). Identifying and reaching out to children at special risk. 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 integration of child victims of such abuse and exploitation. It had also noted that there were reported incidents of the sale, trafficking and abduction of children, especially girls, for commercial sexual exploitation. The Committee once again requests the Government to indicate the 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 the Office of the Prosecutor General of Georgia works in close cooperation with the officials of Turkey for the prevention and suppression of trafficking in persons. On August 2006, the Office of the Prosecutor General hosted a bilateral meeting devoted to the implementation of an agreement between Georgia, Turkey and Azerbaijan on combating terrorism, organized crime and other grave offences, including issues related to the safe return of the victims of trafficking to their countries of origin and cooperation in the process of investigation of cases related to trafficking in persons.

Parts IV and V of the report form. The Committee notes the statistical information provided by the Government on the number of investigations initiated and penalties applied in relation to trafficking in persons. According to this data, in 2006, investigations were initiated in 28 cases of trafficking in persons involving nine women, two men and one girl for sexual exploitation and one boy for adoption. Out of the 28 cases, 14 cases against 16 persons were submitted to the court for trial, and judgements were rendered in 16 cases against 19 perpetrators. In 2007 (for the period from January to March), nine investigations were initiated, out of which four cases were submitted to the court. During this period five verdicts were delivered against seven perpetrators with an average sentence of imprisonment of 13 years. The Committee observes that no violations with regard to the other worst forms of child labour covered by this Convention, such as the commercial sexual exploitation of children and use of children for illicit activities have been reported. In this regard, the Committee requests the Government to provide information on the number of infringements reported, investigations, prosecutions, convictions and penal sanctions applied under the relevant provisions of the Criminal Code giving effect to this Convention.