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

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Georgia (Ratification: 1993)

Equality of opportunity and treatment of ethnic minorities. The Committee recalls its previous comments concerning the low representation of ethnic minorities in state institutions and public administration, as well as their lack of sufficient knowledge of the Georgian language, which adversely affects their ability to enter into the labour market. It notes from the Government’s report that provisions relevant to the protection of national minorities are included in several legislative acts and that in 2005 the Government ratified the European Framework Convention for the Protection of National Minorities. The Committee also notes the Government’s indication that education, notably the study of the State’s language, will be among the priorities of its action towards national minorities. Nonetheless, the Government provided no information with respect to the concrete steps taken to promote and ensure equality of opportunity and treatment in employment and occupation of members of ethnic minorities. The Committee also notes that no details were supplied as regards the implementation and outcome of the action plan for 2003–05 aimed at strengthening protection of the rights and freedoms of various population groups of Georgia. According to the Government, statistical data on the number, occupation and rank of ethnic minorities working in the public and private sectors is not available. The Committee, therefore, requests the Government:

(a)   to supply detailed information on the specific measures taken to promote and ensure de facto equality of opportunity and treatment in employment and occupation of ethnic minorities;

(b)   to provide information on how the objective of improving the knowledge of the State’s language among members of national minorities is concretely pursued;

(c)   to take measures to assess the position of ethnic minorities in the private and public sectors, including through the collection and analysis of appropriate statistical data, and to supply information on the steps taken in this regard.

Gender equality in employment and occupation. The Committee notes from the Government’s report that during the period 2005–07 no programme aimed at promoting women’s employment was implemented. However, it also notes from the third periodic report submitted by the Government under the International Covenant on Civil and Political Rights to the Human Rights Committee in 2006 that a draft State Action Plan for Gender Equality was formulated, the aims of which included developing legislative tools promoting gender equality; introducing gender approaches in educational systems; and raising public awareness on gender issues (CCPR/C/GEO/3, 7 November 2006, paragraph 48). The Committee requests the Government to provide information on the adoption of the State Action Plan for Gender Equality and on any measures taken to promote gender equality in employment and occupation under the Plan. The Committee also requests the Government to provide full information on the specific measures taken to ensure equality of opportunity and treatment of women in the public service, as well as statistical information on their participation in higher level positions.

Protective measures. The Committee notes that section 4(5) of the new Labour Code prohibits the conclusion of employment agreements with pregnant or breastfeeding women when the work to be performed is deemed hard, hazardous and dangerous. The Committee also notes from the Government’s report that Order 147/n of 3 May 2007, of the Minister of Labour, Health and Social Protection of Georgia, contains a list of “hard, harmful and dangerous jobs”. It notes that the Order was elaborated in cooperation with trade unions and employers’ organizations. The Committee requests the Government to clarify the legal position of women employed in jobs considered to be hard, harmful and dangerous, in the event of pregnancy. The Committee also requests the Government to provide a copy of the Order 147/n of 3 May 2007 for the Committee’s review.

Sexual harassment. The Committee notes from the Government’s report that the legislation prohibits sexual violence and that, according to section 142 of the Criminal Code, any act infringing on people’s equality because sex is punishable by two years of imprisonment or one year of forced labour. Additionally, the Committee notes that under section 139 of the Criminal Code, “[c]oercion into sexual intercourse, homosexuality, lesbianism or other sexual contact under the threat of disclosing defamatory information or damaging property or by using one’s material, official or other dependency”, is similarly punished. The Committee further notes that under section 2(4) of the new Labour Code acts provoking a harassing, hostile, humiliating, dignity harming or insulting environment are to be deemed discriminatory. The Committee requests the Government to provide detailed information on the manner in which sections 139 and 142 of the Criminal Code are applied in practice, in particular whether they have been applied in cases involving sexual harassment in employment and occupation as defined in the 2002 general observation. Considering that criminal provisions concerning sexual offences may not cover all manifestations of sexual harassment at work, the Committee requests the Government to provide full information on the implementation of section 2(4) of the new Labour Code, including judicial decisions applying this provision with regard to sexual harassment in employment and occupation.

Vocational training and employment service. The Committee notes the adoption on 28 March 2007 of the Law on Vocational Education setting up the national vocational education system. According to section 7(1) of the Law, everyone has the right to receive education with a view to gaining the knowledge necessary to exercise a vocational activity. Additionally, under section 31, vocational centres are required to guarantee equal attitude towards students, irrespective of gender, ethnic and social belonging, origin, religious and political opinions, physical abilities and other grounds. The Committee notes that in 2006 11 vocational centres were created and the establishment of ten further centres was planned. The Committee further notes the Government’s indication that 58 per cent of the approximately 45,000 participants in the 2006 on-the-job vocational training programme were women. The Committee asks the Government to continue to supply information on the implementation of the Law on Vocational Education. The Committee also again asks the Government to provide information on the policies of the National Employment Service aimed at encouraging equal opportunity in access to vocational training and the outcomes of such policies. Further, the Committee reiterates its request to the Government to provide statistical information, disaggregated by sex and ethnic origin, on the number of students enrolled in these various training programmes, as well as the placement rates of students in the labour market upon completion of their training programmes.

Cooperation with workers’ and employers’ organizations. The Committee notes from the Government’s report that the Law on Vocational Education was elaborated in 2005 with the involvement of the “governmental commission of the social partners in the vocational educational sphere”. The Committee requests the Government to continue to provide information on any measures taken in cooperation with the workers’ and employers’ organizations with a view to promoting equality at work, including clarifications as to the status and relevant activities of the Standing Tripartite Commission for the Regulation of Labour and Socio-economic Relations.

Article 4 of the Convention. Measures affecting individuals suspected of activities prejudicial to state security. In the absence of a reply to the Committee’s previous comments, the Committee reiterates its request to the Government to supply information on the manner in which Article 4 of the Convention is applied, particularly information on the specific procedures establishing the right of appeal for the benefit of the persons excluded from employment and occupation on the basis of state security considerations.

Parts III–V of the report form. In the absence of any information provided, the Committee reiterates its request to the Government to provide information on the activities of the labour inspectorate and other bodies that are specifically entrusted with the supervision of the principle of equality of opportunity and treatment in employment and occupation. It also again asks the Government to include any other information that may enable the Committee to gain a general appreciation of the application of the Convention.