Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

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 255(1) of the Criminal Code, as amended. The Committee notes with interest from the Government’s report that amendments to the Criminal Code which introduced new offences relating to child pornography came into force on September 2010. According to the Criminal Code, as amended, sections 255(2) and (3) provides for an aggravated penalty of correctional work or imprisonment for up to five years for the offences related to production or sale of a pornographic work containing the image of a minor as well as for the acquisition, keeping, offering, distributing or transfer of pornographic images depicting a minor. Furthermore section 255(1) of the amended act makes it an offence to involve a minor in the illegal production or dissemination of pornographic material.

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 from the Government’s report that, according to section 171 of the Criminal Code as amended in 2006, persuading a minor to beg or any other anti-public activity, or involving a minor into abusing of toxic or any other medical substances shall be punishable with corrective work or imprisonment for up to three years.

Article 5 and Part V of the report form. Monitoring mechanisms and application of the Convention in practice. 1. Police, district inspectors and public prosecutors. The Committee previously noted the Government’s information that the protection of minors from participating in the worst forms of child labour was one of the priorities of the Ministry of Internal Affairs (MIA) and that activities to this end were being implemented by the police and district inspectors.

The Committee notes the Government’s information that the provision of training to the respective professionals on matters relating to trafficking in persons is constantly high on the agenda of the Georgian authorities. In December 2011, 29 participants representing the Special Operations Department, Patrol Police Department, police academy and the Office of the Chief Prosecutor attended a training programme by the International Office for Migration (IOM) which demonstrated three separate modules on trafficking in persons, such as monitoring of the sex industry, investigation of child trafficking cases, and investigation of labour trafficking cases. In 2009–11, the Government of Georgia conducted several training courses for judges, prosecutors and police throughout Georgia with a specific focus on the laws dealing with trafficking in persons, mechanisms for the proactive identification of trafficking victims with special emphasis on child victims and special methods of investigation.

The Committee notes the Government’s information that it has introduced a new mandatory referral mechanism aimed at identifying and reporting cases of violence against children, including cases of trafficking in children. It also notes that according to the statistical data provided by the Government in 2009, 33 trafficking cases were initiated of which 40 persons were prosecuted, 37 convictions were made and 48 victims were identified out of which two were minors. In 2010, 11 trafficking cases were initiated, five persons were prosecuted, one conviction was made and 19 victims were identified out of which two were minors. In 2011, 16 trafficking cases were initiated, four persons were prosecuted, five convictions were made, and 18 victims were identified. The Committee also notes the Government’s statement that all convicted trafficking offenders were given adequate prison sentences.

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 previously noted that the Government had adopted a National Action Plan on the Fight against Trafficking (NAP) 2009–10 which envisaged various important measures for the fight against trafficking in minors and which focused on principles of prevention of trafficking in persons, protection of the victims of trafficking and prosecution of the offenders. Following its previous comments, the Committee notes the detailed information provided by the Government with regard to the measures taken in order to achieve the objectives outlined in the NAP 2009–10 as well as in the new Action Plan 2011–12 which are as follows:

• -The Coordination Council together with the Georgian Public Broadcaster produced a short video clip describing the threat and nature of trafficking in persons, as well as a number of programmes and news reports on trafficking and the need for prevention were produced.
• -The Ministry of Education and Science with the participation of school pupils produced a short clip named “Don’t trade freedom for slavery” which is regularly being aired on Georgian TV channels.
• -An educational film on trafficking was introduced in the school curriculum.
• -IOM and the State Fund for Protection and Support of Victims of Trafficking produced a TV ad on prevention and the fight against trafficking.
• -The nationwide TV station First Channel organizes in its weekly programme discussions on all aspects of trafficking, the need for prevention and the means and ways to fight against it.
• -Printed informational pamphlets on how to fight trafficking in persons and other issues related to trafficking in persons were distributed in the offices of the Civil Registry of the Ministry of Justice (received and distributed 20,000 pamphlets), consulates of Georgia, tourist and employment agencies, at border check points and potentially risky zones of trafficking in persons.
• -The Ministry of Education and the IOM developed and introduced a course on trafficking in the school curriculum namely “Georgian secondary education for the prevention of trafficking”.
• -A web page containing information on existing legislation, useful contact, description of the services provided to victims of trafficking and other information on combating trafficking was designed.
• -Two databases on trafficking in persons, such as the victim-centered database run by the State Fund and the trafficker-centered database run by the Ministry of Justice was introduced.
• -During 2010, 612 high school teachers and 120 public health providers were trained on issues relating to trafficking in persons.

In addition to the above measures, the Committee notes from the Government’s report that periodical analysis of the existing laws are conducted in order to ensure protection of trafficked persons and for the appropriate functioning of the support system for the victims of trafficking and enhancing activities of the shelters for victims of trafficking. It also notes the Government’s information that it has significantly increased its funding for assistance for victims of trafficking.

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. Following its previous comments, the Committee notes the Government’s indication that based on the information provided by the State Fund, 14 persons were accommodated in the shelters including six children. Rehabilitation and reintegration assistance was provided to four victims, while one victim was returned to the country of origin. In 2010, 12 victims were accommodated and in 2011, 15 victims were accommodated, including two minors who were in fact not victims of trafficking but were accommodated along with their mothers who were victims of trafficking.

2. Street children. The Committee 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. It 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.

The Committee notes the Government’s information that an Inter-agency Commission consisting of the relevant ministers and deputy ministers was created in order to ensure the well-being of street children. Moreover, the Government has introduced a voucher system for street children, enabling them to receive support. In addition, the Government finances crisis centres in Tbilisi with the aim of providing psychosocial rehabilitation for street children, including the provisions of vocational education. The Committee further notes the Government’s information that an Inter-agency Steering Committee (ISC) was established which includes representatives of the Ministry of Labour, Health and Social Assistance, Social Service Agency, Ministry of Internal Affairs, Ministry of Justice, Ministry of Education and Science, Ministry of Finance, Public Defender’s Office, Tbilisi Municipality, State Fund for Protection and Assistance of Victims of Human Trafficking, the EU delegation and UNICEF. The Committee notes from the Government’s report that the ISC elaborated a Project on Street Children which envisages the renovation of equipment of the three new crisis/drop-in and day-care centres, recruitment and training of four mobile teams to provide service primarily for street children, and enhancement of the technical capacity of Social Service Agency to manage, coordinate and monitor services for highly vulnerable children. The Committee requests the Government to continue to take effective and time-bound measures to protect children living and working on the streets, in particular Roma children, from the worst forms of child labour and to provide for their rehabilitation and social integration. It also requests the Government to provide information on the number of street children rehabilitated in the crisis centres as well as the number of children who have benefited through the Project on Street Children implemented by the ISC.

Clauses (d) and (e). Identifying and reaching out to children at special risk and taking account of the special situation of girls. The Committee had previously noted the Government’s information that, during the reporting period, no cases of trafficking in minors for sexual exploitation was identified. However, the Committee noted 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. Noting the absence of information in the Government’s report, the Committee once again 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, taking account of the special situation of girls.