Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

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

Articles 1 and 2 of the Convention. 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. The Committee notes the Government’s indication that the Zurab Jvania School of Public Administration was established in June 2005 in order to enhance the participation of ethnic minorities in the public sector. The Committee also notes the adoption by the Government of the national concept for tolerance and civic integration and its action plan on 8 May 2009. The action plan aims, inter alia, at ensuring effective protection from discrimination against ethnic minorities, supporting teaching of the state language, providing vocational training to ethnic minorities and encouraging their employment, including through the rehabilitation of vocational training centres in minority areas, as well as supporting involvement of members of minorities in the public sector. The Committee requests the Government to provide detailed information on the implementation of the measures to promote the employment of members of ethnic minorities in the public and the private sectors provided for under the national concept for tolerance and civic integration and its action plan. It also requests the Government to provide more detailed information on the Zurab Jvania School of Public Administration, including the number of graduates belonging to ethnic minorities and the extent to which they have obtained employment or advanced their career in the public service. Noting the Government’s indication that currently no statistical information regarding the national origin of citizens exists, the Committee stresses that with a view to assessing the progress made in promoting equality of opportunity in employment and occupation of men and women belonging to ethnic minorities, it is crucial that appropriate information and data on their position in the labour market is established and analysed, and requests the Government to provide information on the steps taken in this regard.

Equality of opportunity and treatment of men and women. The Committee notes that the Government has adopted a National Action Plan on Gender Equality for 2007–09. The Plan envisages the establishment of an inter-ministerial commission on gender equality, the creation of a legal framework for gender equality, awareness raising and public information, and measures to eliminate gender-related stereotypes. The Government also refers to the provisions of the Labour Code providing women with specific rights in relation to pregnancy and maternity. Among the 113,800 jobseekers that participated in the state programme “Vocational training and retraining” from December 2007 to April 2008, some 65 per cent were women. The Committee also notes the data provided concerning the percentage of women in “higher level positions” in nine public bodies, ranging from 65 per cent in the administration of the President and 22 per cent in the city hall of Tbilisi. The Committee requests the Government to provide information on the specific measures taken under the National Action Plan on Gender Equality and otherwise to promote gender equality in employment and occupation and the results achieved through such action, including with regard to strengthening the legal framework. The Committee also requests the Government to provide more detailed and updated statistical information on the participation of men and women in the labour market.

Sexual harassment. The Committee recalls that under the Convention, sexual harassment is considered to be a form of discrimination based on sex. It recalls that section 2(4) of the Labour Code provides as follows: “Direct or indirect oppression of a person, aimed at or causing creation of a harassing, hostile, humiliating, dignity harming or insulting environment, or creation of such conditions which directly or indirectly impair his/her state compared with other persons being in the analogous conditions shall be construed as discrimination”. The Committee notes that this provision does not explicitly address sexual harassment. The Committee also notes from the Government’s report that sections 137–141 of the Criminal Code deal with crimes such as rape, sexual abuse, coercion into sexual intercourse and other action of a sexual character, and similar crimes. The Committee considers that such provisions regarding crimes of a sexual nature are insufficient to address sexual harassment in the workplace, as sexual harassment includes a much broader range of behaviour or practices than those covered by the Penal Code. The Committee therefore requests the Government to amend the legislation to include provisions that more specifically define and prohibit sexual harassment in the workplace (both quid pro quo harassment and sexual harassment due to a hostile work environment), and to provide information on any progress made in this regard.

Article 5. Protective measures. The Committee recalls 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 asks the Government to clarify whether the employment contract of women performing hard, hazardous or dangerous work can be terminated in case of pregnancy. It also asks the Government to resend the translated version of Order 147/n of 3 May 2007, of the Minister of Labour, Health and Social Protection of Georgia, which contains a list of “hard, harmful and dangerous jobs”.