Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

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 has previously noted the low representation of ethnic minorities in state institutions and the public administration, as well as their lack of sufficient knowledge of the Georgian language, which adversely affects their ability to enter the labour market. The Committee notes that several measures have been taken to improve ethnic minorities’ access to higher educational institutions, including the introduction in 2009 of a simplified examination system for ethnic minorities, allowing them to take the entrance exam in their native language; the setting of quotas in access to the institutions (2 per cent for Abkhazians and Ossetians, and 5 per cent for Armenians and Azeri), and providing educational grants to cover all tuition fees. The Government indicates that following these measures, the number of those belonging to ethnic minorities who received educational grants between 2005–10 increased by 321.8 per cent and their representation in higher educational institutions increased by 258.5 per cent since 2008. The Committee notes that the United Nations Committee on the Elimination of Racial Discrimination (CERD) expressed concern at the lack of sufficient knowledge of the Georgian language amongst ethnic minorities, despite the efforts deployed in this field, indicating that it is an obstacle to their integration into society, education, employment, and representation in state institutions and public administration (CERD/C/GEO/CO/4-5, 2 September 2011, paragraph 15). The Committee notes that several programmes were developed by the Ministry of Education and Science (MES) in order to improve ethnic minorities’ knowledge of the Georgian language, including: the Multilingual Teaching Supporting Programme, the Georgian Language Programme, and the establishment of Georgian Language Houses. Recalling its previous comments noting the establishment of the Zurab Jvania School of Public Administration, the Committee notes the Government’s indication that in 2010, 15 Azerbaijanian and 15 Armenian students were enrolled and that during 2006–08, 133 Azeri and 124 Armenian students undertook intensive courses in the Georgian language. No information was provided on any employment obtained or career advancement in the public sector achieved by graduates. The Government indicates once again that no statistical information regarding the national origin of citizens exists, and that this is aimed at reducing discrimination based on ethnic origin. The Committee recalls that data and statistics are crucial in determining the nature, extent and causes of discrimination, to set priorities and design appropriate measures, to monitor and evaluate the impact of such measures, and make any necessary adjustments. The Committee notes that CERD expressed concern in its concluding observations regarding the lack of disaggregated data on minorities, including with respect to numerically smaller groups such as the Kists, Kurds, Jews, Greeks, and Assyrians, and recommended that following the census in 2012, the Government be able to provide disaggregated statistical data on ethnic minorities (ibid., paragraph 19). The Committee asks the Government to continue to provide information on measures taken to promote the employment of members of ethnic minorities in the public and private sectors, and their impact, including under the national concept for tolerance and civil integration and its action plan. The Committee also asks the Government to provide more detailed information on the programmes developed by the Ministry of Education and Science to improve ethnic minorities’ knowledge of the Georgian language, and the results achieved, 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 that a census will be held in 2012, the Committee hopes the Government will be able to collect disaggregated statistical data on the representation of ethnic minorities in the public and private sector, 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.

Equality of opportunity and treatment of men and women. The Committee notes that the Law on Gender Equality of 26 March 2010 established the Council for Gender Equality (section 12). The Committee notes that, under this law, the competence of the Council for Gender Equality includes developing and monitoring the implementation of an action plan on gender equality, proposing legislative amendments, and conducting studies on gender equality. The Committee also notes the Government’s indication that it approved the Action Plan on Gender Equality for 2011–13 on 5 May 2011 which aims to, inter alia, integrate the gender equality principle in economic and employment policies, increase public awareness on gender equality issues and eliminate stereotypical views of men and women’s role in society. The Committee asks the Government to provide information on any studies or awareness raising activities conducted by the Council for Gender Equality. The Committee further asks the Government to provide information on the specific measures taken under the Action Plan on Gender Equality for 2011–13, and the impact they have had, including with regard to women’s access to employment. Please provide up-to-date statistical data on men and women’s distribution in the labour market.

Article 5. Protective measures. The Committee notes the Decree No. 147 of 3 May 2007 of the Minister of Labour, Health and Social Protection, containing a list of “hard, hazardous and dangerous jobs”. The Committee also notes the Government’s indication that employment contracts of women performing hard, hazardous or dangerous jobs cannot be terminated in cases of pregnancy. The Committee notes that the Labour Code prohibits employers from concluding contracts with a pregnant woman or a nursing woman in hard, hazardous and dangerous jobs, as listed in Decree No. 147. The Committee considers that the restriction on women’s work should only cover maternity protection and should not extend to the recruitment and selection phases, which can in practice, create discriminatory refusals for women in accessing employment opportunities. The Committee asks the Government to provide further information on the justification for the high number of occupations from which pregnant women and nursing women are barred in Decree No. 147. The Committee further asks the Government to consider revising the prohibition contained in the Labour Code in section 4(5) in order to make it less restrictive for pregnant women and nursing women.