Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

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

Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering a child for the production of pornography or for pornographic performances. The Committee had previously requested the Government to supply a copy of sections 255 and 255¹ of the Criminal Code, as amended. The Committee notes that, according to the information provided by the Government, section 255 criminalizes the offences related to the production or keeping, offering, transferring, disseminating, selling or making available a pornographic work, including visual or audio material, depicting a minor. Section 255¹ further makes it an offence to involve a minor in the illegal production of pornographic material and dissemination, promotion or sale of such material. The Committee once again requests the Government to supply a copy of sections 255 and 255¹ of the Criminal Code as amended, along with its next report.

Clause (c). Use, procuring or offering of a child for illicit activities. In its previous comments, the Committee had requested the Government to supply a copy of section 171 of the Criminal Code as amended in 2006. The Committee notes the Government’s indication that, according to section 171 of the Criminal Code as amended in 2006, persuading a minor into begging or any other anti-public activity, or involving a minor into abuse of toxic or any other medical substances shall be punishable. The Committee once again requests the Government to supply a copy of section 171 of the Criminal Code as amended, along with its next report.

Article 5. Monitoring mechanisms. 1. Police and district inspectors. Following its previous comments, the Committee notes the Government’s information that the protection of minors from participating in the worst forms of child labour is one of the priorities of the Ministry of Internal Affairs (MIA) and that the activities to this end are being implemented by the police and district inspectors. It notes the Government’s information that the MIA has a systematic approach in dealing with child protection and has implemented measures to improve the ability of the police in dealing with minors. It also notes the Government’s indication that, to date, 957 policemen were trained and specialized in dealing with minors. Similarly, district inspectors carry out regular conversations with children, increasing their awareness about the adverse consequences of harmful habits and constantly controlling their attendance at school. The Committee further notes the Government’s indication that, in March 2009, 48 workers of the MIA undertook training on the topic, Minors and the Law, and Minors and Harmful Habits and, in April, conducted 520 lectures in 186 schools on these topics.

Furthermore, the Committee notes the Government’s indication that the MIA signed a Memorandum of Cooperation with the NGO, World Vision International, to cooperate within the framework of the project entitled “Protection of the Rights of Child Victims of Trafficking in Georgia”. Within the framework of this project, the MIA conducted training courses on child trafficking for the workers of the division dealing with combating trafficking and illegal migration. To date, 15 workers of the MIA undertook this training. The Committee requests the Government to provide information on the impact of the activities undertaken by the MIA within the framework of the project, Protection of the Rights of Child Victims of Trafficking in combating child trafficking.

2. Interagency Coordination Council for carrying out measures against Trafficking in persons (Coordination Council). Following its previous comments, the Committee notes the Government’s information that the Coordination Council coordinates a wide range of activities and programmes throughout the country dedicated to the protection and rehabilitation of victims of trafficking. The activities implemented by the Coordination Council include:

–      creation of an appropriate legal basis, such as introducing amendments to the criminal legislation, as well as the adoption of the Law on Combating Trafficking in Persons, and drafting of the National Plan of Action to fight trafficking in persons;

–      advancement of institutional capacity, such as the creation of the State Fund for Protection and Assistance to Victims of Trafficking in Persons and establishment of shelters for victims of trafficking;

–      provision of protection of victims of trafficking (TIP victim protection), such as the enactment of the system provided by law via the National Referral Mechanism, elaboration of programmes of assistance and reintegration of victims of trafficking, granting compensation as well as safe return to them; and

–      arranging for wide public-awareness activities, including training courses, establishment of hotlines, elaboration of special curriculum, broadcasting of TV and radio programmes.

3. Public prosecutors. The Committee had previously noted the role of public prosecutors in the fight against trafficking in persons. Following its previous comments, the Committee notes the Government’s information that, in the first half of 2010, four cases of trafficking in persons were investigated, of which none of them involved minors. In 2009, out of 33 cases investigated, 40 persons were prosecuted and 37 persons were convicted with imprisonment for an average of 21 years. Out of the 33 cases investigated in 2009, 24 cases were in relation to trafficking in minors, and court decisions were taken in 21 cases against 33 persons. In 2008, 14 cases of trafficking in persons were initiated, out of which two cases were related to trafficking in minors, ten cases resulted in convictions with a sentence of 14–15 years’ imprisonment. The Committee requests the Government to continue providing information on the number of violations detected, investigations, prosecutions, convictions and penal sanctions applied 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 the Government’s indication that a new Action Plan on the Fight against Trafficking 2009–10 was adopted at the beginning of 2009. The Committee notes that this new National Action Plan envisages various important measures to be taken for the fight against trafficking in minors, such as:

–      raising awareness of minors regarding the risk of trafficking through educational programmes;

–      conducting studies and research on trafficking in minors, particularly looking at the reasons of trafficking;

–      training law-enforcement officials on trafficking in minors; and

–      training lawyers/attorneys on the protection of victims of trafficking in minors.

The Committee also notes that this National Action Plan also pays special attention to the principles of prevention of trafficking in persons, protection of the victims of trafficking and prosecution of the offenders and envisages a clear monitoring system whereby each state agency is obliged to report once in three months to the Coordination Council on the measures taken for the implementation of the action plan. The Committee further notes the Government’s indication that the Ministry of Labour, Health and Social Protection along with the Ministry of Education and Science are the main state institutions responsible for specific programmes aimed at protecting child victims of trafficking. The Committee requests the Government to provide information on the implementation of the National Action Plan 2009–10. It also requests the Government to provide information on the impact of the measures taken in combating the trafficking of children.

Article 7(1). Penalties. Following its previous comments, the Committee notes that according to section 42(4) of the Code of Administrative Offences, the violation of labour rights of a minor envisaged in the labour legislation by the employer shall be punishable by a penalty equal to 200 times the minimum daily salary.

Article 7(2)(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 had previously noted that a State Fund for the Protection of, and Assistance to Victims of Trafficking in Persons which provides for the payment of compensation (of 1,000 lari (GEL) per victim) to victims of trafficking and which finances their protection, assistance and rehabilitation measures, had been established in 2006. It had also noted that two shelters which provide services to victims of trafficking were also established in 2006 and 2007.

The Committee notes the Government’s detailed information on the process of rehabilitation and social reintegration of victims of trafficking carried out by the State Fund. With regard to child victims of trafficking, this process starts with an individual plan outlined by the State Fund and the concerned social worker based on the needs of the victim. During implementation, this plan may be amended according to the changes in the needs of the victim or availability of services as envisaged in the plan. However, the services needed to meet the minimum requirements for rehabilitation and reintegration are not subject to any changes. It also notes the Government’s indication that a child victim of trafficking referred to the State Fund shall receive the following services: shelter, free legal aid, free medical and psychological counselling and treatment, telephone hotline services, compensation, integration and rehabilitation services. In addition, the State Fund provides 24-hour security services and protection to the victims of trafficking placed in the shelters and the Ministry of Education ensures security services for all the institutions that serve child victims of trafficking or violence, or children at risk. The Committee further notes that the Strategy for Rehabilitation and Reintegration into Society of Victims of Trafficking in Persons, approved in 2007, serves as a general guide for the elaboration of the individual age-appropriate rehabilitation plan for each victim of trafficking and, as such, it will meet the concrete needs of the victims, including age-appropriate professional training and other educational programmes. It finally notes the Government’s information that, in 2007, two victims of trafficking received compensation from the State Fund, and a girl child of 17 years, who was identified as a victim of trafficking for labour exploitation, was placed in a shelter on 5 November 2009 and provided with psychological and legal assistance. The Committee requests the Government to continue providing information on the number of child victims of trafficking who have been placed in shelters or other service institutions 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 nine years working on the streets of Tbilisi, in markets and sometimes at night, carrying or loading wares and children as young as five years of age working as beggars. It had also noted the Government’s statement that the majority of street children are of Roma origin. The Committee notes the Government’s information that various laws are in place which prohibit any kind of discrimination in the educational system, which apply to Roma children. The Committee notes, however, that the Committee on the Rights of the Child (CRC), in its concluding observations (CRC/C/GEO/CO/3 of 23 June 2008, paragraph 64) expressed concern at the absence of strategic measures to address the situation of children who live and work on the street and at the plight of these children in view of the risks to which these children are exposed, including trafficking. It further notes the Government’s indication, in its report for the period 2007–08 under the Minimum Age Convention, 1973 (No. 138), that UNICEF had plans to conduct a study on street children which would possibly help the Government to evaluate the actual situation and to plan for specific measures. The Committee requests the Government to provide information on the findings of the UNICEF study on street children, including statistics on the number of children working and living in the streets. Recalling that street children are particularly exposed to the worst forms of child labour, the Committee urges the Government to take effective and time-bound measures to protect children living and working in the streets, in particular Roma children, from the worst forms of child labour and to provide for their rehabilitation and social integration. It asks the Government to provide information on the measures taken in this regard.

Clauses (d) and (e). Identifying and reaching out to children at special risk and taking account of the special situation of girls. Following its previous comments, the Committee notes the Government’s information that, during the reporting period, no cases of trafficking in minors for sexual exploitation was identified. However, the Committee notes that the CRC, in its concluding observations (CRC/C/GEO/CO/3 of 23 June 2008, paragraph 66) expressed concern at the absence of data on the extent and patterns of the sexual exploitation of children and the absence of protection, rehabilitation and social reintegration measures for child victims of sexual exploitation. The Committee requests the Government to take the necessary measures to ensure that child victims of commercial sexual exploitation are provided with programmes of rehabilitation and social integration, and to provide information in this regard, and taking account of the special situation of girls.