Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

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

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. In its previous comments, the Committee noted that the Criminal Code (amendment of 2003) prohibits all forms of trafficking in persons and prescribes penalties of imprisonment ranging from five to 20 years (section 143-1). It also noted the adoption of the Law on Combating Human Trafficking, 2006 which defines the State policy on combating human trafficking, such as prevention, protection, assistance and rehabilitation of victims of trafficking (section 4); organizational, legal, educational and socio-economic mechanisms for prevention of human trafficking (section 5); as well as the competence of State Agencies in preventing and combating trafficking, including measures to identify, arrest, prosecute and punish perpetrators involved in trafficking of persons (sections 6 and 7).

The Committee notes from the document on the 2015–16 National Action Plan (NAP) on Combating Trafficking in persons that the strategic objective of this NAP includes: (i) raising public awareness on combating trafficking in persons through audio, video and printed media; (ii) providing temporary residence permits, ensuring the safe return and providing improved rehabilitation and reintegration facilities to victims of trafficking; (iii) updating, publishing and implementing the guidelines for the Law Enforcement on the Investigation and Prosecution of Trafficking cases and Treatment with victims; and (iv) providing training on identification and trends of trafficking in persons to prosecutors, judges, police and border security officers, members of the Task Force on Trafficking in Persons, staff of consulates and other relevant officers. In addition, the Committee notes that the Committee on the Elimination of Discrimination against Women (CEDAW), in its concluding observations of 24 July 2014 expressed concern at the decreasing number of prosecutions and punishment of trafficking in recent years; lack of effective mechanisms to identify women and girls who are victims of trafficking for sexual exploitation; lack of support and rehabilitation programmes for victims of trafficking; as well as the impunity enjoyed by many traffickers owing to corruption and the requalification of the crime of trafficking to other provisions with lesser sanctions under the Criminal Code (CEDAW/C/GEO/CO/4-5, paragraph 22). The Committee requests the Government to indicate the measures taken or envisaged to implement the strategic objectives of the 2015–16 National Action Plan on Combating Trafficking in Persons relating to prevention and raising awareness on trafficking in persons, prosecution (including the training activities of law enforcement bodies), protection and assistance of victims of trafficking, and the results achieved. It also requests the Government to provide information on the application in practice of section 143-1 of the Criminal Code, including the number of prosecutions, convictions and penalties applied in relation to trafficking in persons.

Articles 1(1) and 2(1). Vulnerable situation of migrant workers. Following its previous comments, the Committee notes from the Government’s report that according to the information provided by the Prosecutor’s Office of Georgia, the investigation process on the matter related to the trafficking of 150 Indian migrant workers employed at the Hercules Steel enterprise, has come to an end and a conclusion was reached that there had been no trafficking of persons.

Article 2(2)(c). Prison labour. In its previous comments, the Committee noted that under section 110(3) of the Imprisonment Code of 2010, convicted prisoners can be employed in public or private enterprises within the territory of a penitentiary institution. Moreover, 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 Committee also noted the Government’s indication that the work of convicts is carried out only with their voluntary consent. The Committee requested the Government to indicate 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.

The Committee notes the Government’s information that according to Decree No. 157 of 2014, the enrolment of a convict for the performance of economic activities for paid work shall be registered on the basis of a written application of the convict and by the order of the director of the institution (section A2(4)). Moreover, work of convicts in enterprises shall be performed following a labour agreement signed between the entrepreneur and the convict following a written application made by the convict requesting for such employment.

Article 25. Penal sanctions for the exaction of forced or compulsory labour. Following its previous comments, the Committee notes the Government’s indication that according to the information from the Tbilisi City Court, Court of Appeals and Supreme Court of Georgia, from 2013 to present, sections 143-1 (trafficking of persons) and 143-2 (trafficking of minors) of the Criminal Code were applied in two cases relating to the exaction of forced labour. The Committee requests the Government to continue providing information on the application of sections 143-1 and 143-2 of the Criminal Code for cases related to the exaction of forced labour.