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

Forced Labour Convention, 1930 (No. 29) - Georgia (Ratification: 1993)

Articles 1(1) and 2(1) of the Convention. Vulnerable situation of migrant workers. The Committee notes a communication dated 10 October 2011, received from the International Trade Union Confederation (ITUC), which contains allegations concerning the situation of Indian migrant workers, in relation to the application of the Convention by Georgia. According to the allegations, there are reports suggesting that approximately 150 Indian migrant workers employed at Hercules Steel enterprise may be victims of trafficking, since their passports have been confiscated by the management, workers are underpaid and reported to live in squalid conditions. Though the responsible manager has since been fired, the ITUC expects a full investigation of this matter. The Committee notes that this communication was transmitted to the Government, on 27 October 2011, for any comments it may wish to make on the matters raised therein and requests the Government to provide such comments with its next report.

Article 2(2)(a). Compulsory military service. In its earlier comments, the Committee requested the Government to indicate the guarantees provided to ensure that services exacted for military purposes are used for purely military ends. The Committee notes the Government’s statement in its report that a military commander does not have the right to give an order or instruction which is not linked to military purposes or is illegal. The Government refers in this regard to section 24(3) of the Law of Georgia on Status of Military Servant and to the Resolution of President No. 111, of 10 February 2006, on Charter of Military Internal Discipline of Military Forces of Georgia. The Committee requests the Government to communicate a copy of the above texts with its next report.

Article 2(2)(c). Prison labour. The Committee notes the Imprisonment Code of 9 March 2010 communicated by the Government. It notes that, under section 110(3) of the Code, convicted prisoners can be employed in public or private enterprises within the territory of a penitentiary institution. Under section 14(1)(a.a), convicts shall have a right to perform labour, and under section 30(2)(c), they shall work only at the workplace allotted by the administration, if they so wish. The Government indicates that it follows from the above provisions that the work of convicts is carried out only with their voluntary consent. The Committee also notes that conditions of work of convicted prisoners, including occupational safety and health, hours of work and rest periods, as well as their wages, are governed by the labour legislation of Georgia (sections 110(5) and 112 of the Code).

While noting this information with interest, the Committee requests the Government to indicate, in its next report, how the voluntary consent of the prisoners concerned to work for private workshops is guaranteed, so that it is free from the menace of any penalty, including the loss of rights or privileges, and whether prisoners concerned give their formal consent in writing.

Article 25. Penal sanctions for the exaction of forced or compulsory labour. The Committee notes court decisions punishing perpetrators of trafficking in persons under sections 1431 and 1432 of the Criminal Code, communicated by the Government with its report.

The Committee previously noted the Government’s statement in its report that, in accordance with Georgian legislation, all cases of the illegal exaction of forced or compulsory labour are considered as trafficking. The Government also stated that, consequently, penal sanctions provided for in sections 1431 and 1432 of the Criminal Code concerning trafficking in persons are applied for all cases of the illegal exaction of forced or compulsory labour. The Committee reiterates its hope that the Government will provide, in its next report, information on the application in practice of sections 1431 and 1432 referred to above, in relation to punishment of the exaction of various forms of forced or compulsory labour not necessarily connected with cross-border trafficking or with such means of coercion as restriction of the freedom of movement or retention of passports.