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

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. National Action Plan. Implementation and assessment. The Committee takes due note of the detailed information provided by the Government, in its report, concerning the measures taken to combat trafficking in persons and the activities of the Inter-Agency Council on Combatting Trafficking in Persons. It notes in particular that every two years a National Action Plan on Combatting Trafficking in Persons (NAP) is adopted; the majority of the activities provided in the NAP 2019–20 have been fully implemented; the Inter-Agency Council monitors the implementation process of the NAPs and publishes implementation reports and recommendations; the NAP on Combatting Trafficking in Persons for 2023–24 sets out new objectives and activities under the 4P principles (prevention, protection, prosecution and partnerships). The Committee requests the Government to provide information on the results achieved following the implementation of the NAP on Combatting Trafficking in Persons for 2023-24, the challenges identified and any new measures taken or envisaged in response.

2. Protection of victims. The Committee observes from the information provided by the Government that five crises centres and two shelters are available to presumed victims and victims of trafficking in Georgia. In total, six victims of trafficking in 2020 and eight in 2021 were identified and received various assistance services by the Agency of State Care and Assistance of (Statutory) Victims of Human Trafficking, such as accommodation, legal aid and consultation, medical and psychological assistance as well as compensation. The Government further indicates that as a result of the 2021 amendments to the Act on Combating Human Trafficking, 2006, a one-off state compensation is provided to victims of trafficking by the Agency of State Care and Assistance of (Statutory) Victims of Human Trafficking without the previous requirement to exhaust judicial remedies to obtain compensation from the offender.

The Committee requests the Government to continue to provide information on the measures taken to ensure that victims of trafficking in persons, for both sexual and labour exploitation, are provided with adequate protection and assistance. Please also indicate the number of victims who have benefited from the one-off compensation provided by the Agency of State Care and Assistance of (Statutory) Victims of Human Trafficking.

3. Prosecution and application of penal sanctions. The Government indicates that for the period 2018–21, 47 investigations were initiated, and eight persons were convicted under section 143-1 “trafficking in persons” of the Criminal Code. The penalties imposed ranged from 5 to 15 years’ imprisonment. The Government further indicates that the mobile groups and the task force operating under the Central Criminal Police Department of the Ministry of Internal Affairs (CCPD) regularly monitor and check places with a high risk of trafficking in persons. Both the mobile groups and the labour inspection services which carry out scheduled and unscheduled visits to companies and refer suspected cases of forced labour to the CCPD, use special guidelines and standard operational procedures for the effective identification of cases. The Government points out that since 2012, the number of investigations of trafficking in persons offences has doubled, whereas the number of prosecutions has increased five times due to proactive measures of the law enforcement bodies.

The Committee requests the Government to continue to provide information on the measures taken to ensure the effective identification of cases of trafficking in persons, for both labour and sexual exploitation, and proactive investigations and prosecutions. The Committee further requests the Government to continue to provide information on the number of investigations, prosecutions and convictions as well as the penalties applied under section 143-1 of the Criminal Code.

Article 2(2)(c). 1. Sentences of community service. The Committee observes that sections 40(1)(c) and 44 of the Criminal Code provide, among the penal sanctions that can be imposed by courts, the penalty of community service, which consists of an obligation to perform unpaid work during a period from 40 to 800 hours. The Committee further observes that according to section 29(1) of the Act on the Procedure for Enforcing Non-Custodial Sentences and Probation of 2007, as amended in 2020, the work performed under the penalty of community service may also be undertaken for a private entity. The Committee requests the Government to provide information on the nature of the institutions, including private entities, for which offenders may perform unpaid work, as well as examples of the types of work performed.

2. Sentences of correctional work. The Committee observes that, pursuant to sections 40(1)(d) and 45 of the Criminal Code, courts can impose on offenders a penal sanction of correctional work for a period from one month to two years. Correctional work is performed at the offender’s main place of work and up to 20 per cent of his/her earnings is collected for the State (section 45(2) of the Criminal Code). As per section 35(1) of the Act on the Procedure for Enforcing Non-Custodial Sentences and Probation of 2007, as amended in 2020, a convicted person sentenced to correctional work is prohibited to leave his/her employment without the written permission of the probation service. The Committee requests the Government to indicate the cases in which the permission to leave employment may be refused by the probation service. The Committee also requests the Government to indicate the manner in which the sentence of correctional work is executed when a convicted person is not employed or leaves his/her employment.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Legal framework and penalties. In its previous comments, the Committee noted that the Criminal Code prohibits all forms of trafficking in persons and prescribes penalties of imprisonment ranging from five to 20 years (section 143-1). The Committee requested the Government to provide information on the application in practice of section 143-1 of the Criminal Code.

The Committee notes that according to the Government’s information in its report, four persons in 2017 and two persons in 2018 were convicted with penalties of imprisonment and fines, under section 143-1 of the Criminal Code. The duration of the prison sentences varied from three to 12 years. The Committee requests the Government to continue providing information on the application in practice of section 143-1 of the Criminal Code, including the number of investigations, prosecutions and convictions, as well as the specific penalties applied.

2. Programme of action. Following its previous comments, the Committee notes the Government’s information that within the framework of the National Action Plan (NAP) on Combating Trafficking in Persons 2015–16, various information meetings on trafficking in persons (TIP) were organized with different target groups in Tbilisi and other big cities which were attended by about 4,000 participants. In addition, from 2015 to 2016, television and radio shows and advertisements devoted to TIP were broadcast frequently. Moreover, 20,000 brochures in five languages and a 500 one-lingual one pager on prevention and protection measures and assistance measures to victims of trafficking were produced by the State Fund for Protection and Assistance of Victims; 15,000 leaflets on TIP issues were produced by the Ministry of Internal Affairs; and 40,000 information flyers on TIP were issued and distributed by the Georgian national tourism administration. The Committee further notes the Government’s information that on 15 December 2016, the Interagency Council on Combating Trafficking in Persons adopted the 2017–18 Action Plan on Combating Trafficking in Persons, based on the principles of prevention, protection and assistance, prosecution (including training activities for the law enforcement bodies) and cooperation with local non-governmental and international organizations. The Committee finally notes the Government’s reference to the positive assessment made by the Group of Experts on Action against Trafficking in Human Beings (GRETA), in its second evaluation report of 3 June 2016 on Georgia’s counter-trafficking measures The Committee requests the Government to continue providing information on the implementation of the Action Plan on Combating Trafficking in persons 2017 and the results achieved.

3. Protection of victims. The Committee notes the Government’s information that since 2006, the State Fund for the Protection and Assistance for Victims of Trafficking provides shelter, legal aid, psychological and medical assistance, compensation, rehabilitation and reintegration measures to victims of trafficking. According to the Government’s report, the national referral mechanism ensures two possible ways of availing state run services based on the status of victims. The status as a victim of trafficking is granted within 48 hours, by a permanent group of TIP council consisting of five non-governmental organizations, based on the questionnaires of mobile groups of the State Fund, while the status as a statutory victim of trafficking is granted by law enforcement authorities in accordance with the Criminal Procedure Code. Both the victims and statutory victims enjoy the same rights as regards protection and assistance. The Government further indicates that since 2017, three crisis centers were installed under the State Fund which provide services and assistance to potential victims of trafficking. Moreover, the Government indicates that it ensures protection to TIP victims abroad through the consular units and to foreign victims in Georgia by providing temporary residence permits. The Committee encourages the Government to continue taking measures to ensure that victims of trafficking are provided with appropriate protection and services and to provide information on the number of persons benefiting from these services.

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

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.

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

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.

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

The Committee notes a communication dated 3 September 2010, received from the Georgian Trade Union Confederation (GTUC), which contains comments on the application of the Convention by Georgia. It notes that this communication was transmitted to the Government, on 30 September 2010, for any comments it may wish to make on the matters raised therein. The Committee hopes that the Government will provide such comments with its next report, so as to enable the Committee to examine them at its next session.

Articles 1(1) and 2(1) of the Convention. Freedom of career members of the armed forces to leave their service. The Committee notes the provisions of section 21 of the Law on Status of Servicemen of 25 June 1998, and Presidential Decree No.609 on Statute of Military Service of 26 October 1998, communicated by the Government with its report, as well as the Government’s explanations concerning the resignation of career military officers and other career military personnel.

Article 2(2)(a). Compulsory military service. The Committee notes the Government’s statement in its report that military personnel is used for a work which is of purely military character. The Committee requests the Government to indicate, in its next report, what guarantees are provided to ensure that services exacted for military purposes are used for purely military ends.

Article 2(2)(c). Prison labour. The Committee notes the Government’s indications in the report that the new Imprisonment Code was adopted on 9 March 2010 and the Law on Imprisonment of 1999 has been repealed. The Government indicates that, according to section 110(3) of the new Code, convicted prisoners can be employed in public or private enterprises within the territory of a penitentiary institution. The Committee also notes the Government’s indications concerning conditions of work of convicted prisoners (occupational safety, hours of work and overtime work) (section 112 of the Code), as well as their wages, which is governed by the labour legislation (section 110(5) of the Code).

The Committee recalls that Article 2(2)(c) of the Convention expressly prohibits that convicted prisoners are hired to or placed at the disposal of private individuals, companies or associations, in a sense that the exception from the scope of the Convention provided for in this Article for compulsory prison labour does not extend to work of prisoners for private employers, even under public supervision and control. In fact, under this provision of the Convention, work or service exacted from any person as a consequence of a conviction in a court of law is excluded from the scope of the Convention only if two conditions are met, namely: (i) that the said work or service is carried out under the supervision and control of a public authority; and (ii) that the said person is not hired to or placed at the disposal of private individuals, companies or associations. The Committee has always made it clear that the two conditions are applied cumulatively; that is the fact that the prisoner remains at all times under the supervision and control of a public authority does not in itself dispense the Government from fulfilling the second condition, namely that the person is not hired to or placed at the disposal of private individuals, companies or associations.

However, while Article 2(2)(c) of the Convention strictly prohibits that prisoners be hired to or placed at the disposal of private enterprises, the Committee has considered, as explained in paragraphs 59 and 60 of its General Survey of 2007 on the eradication of forced labour, that work for private enterprises can be compatible with Article 2(2)(c) only where prisoners voluntarily enter a normal employment relationship with private employers and perform work in conditions approximating a free employment relationship. This arrangement necessarily requires the informed, formal consent of the person concerned and, in the light of the circumstances of the consent, that is the basic obligation to perform prison labour, and other restrictions on the prisoner’s freedom to take up normal employment, there must be further guarantees and safeguards covering the essential elements of a labour relation, such as wages and social security. If the above conditions are complied with, the work of prisoners will be removed from the scope of Article 2(2)(c) of the Convention, since no compulsion is involved.

The Committee therefore hopes that, in the light of the above considerations, the Government will take the necessary measures in order to ensure that the work of prisoners for private enterprises, both inside and outside prison premises, is carried out only with their voluntary consent, such consent being free from the menace of any penalty, including the loss of rights or privileges. The Committee also requests the Government to supply a copy of the new Imprisonment Code referred to above, as well as sample copies of contracts concluded between private enterprises and penitentiary institutions concerning the work of convicted prisoners.

Articles 1(1), 2(1) and 25. Penal sanctions for the illegal exaction of forced or compulsory labour. Trafficking in persons. The Committee notes the information provided by the Government concerning the application in practice of sections 143¹ and 143² of the Criminal Code punishing human trafficking, including copies of the court decisions annexed to the Government’s report.

Referring to its earlier comments, the Committee notes the Government’s statement that, in accordance with Georgian legislation, all cases of the illegal exaction of forced or compulsory labour are considered as trafficking. The Government further states 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. While noting these indications, the Committee hopes that the Government will continue to provide, in its future reports, information on the application in practice of sections 143¹ and 143² referred to above, in relation to punishment of the illegal exaction of various forms of forced or compulsory labour, including those not necessarily connected with cross-border trafficking or with such means of coercion as restriction of the freedom of movement or retention of passports.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee has noted the information provided by the Government in reply to its earlier comments. It has also noted a communication dated 30 August 2006, received from the Georgian Trade Union Confederation (GTUC), which contains observations concerning the application of the Convention by Georgia, as well as the Government’s reply to these observations. The Committee also notes a new communication from the GTUC, dated 27 August 2008, and the Government’s response received on 7 November 2008.

Articles 1(1) and 2(1) of the Convention. Freedom of career members of the armed forces to leave their service. In its previous direct request, the Committee asked the Government to indicate the provisions applicable to professional military officers and other career servicemen as regards their right to leave the service, in time of peace, at their own request, either at fixed intervals or by means of notice of reasonable length. The Committee has noted from the Government’s 2006 report that, under section 21 of the Law on Status of Servicemen, of 25 June 1998, and Presidential Decree No. 609 on Statute of Military Service, of 26 October 1998, professional military servicemen serving on a contract basis and regular military servicemen may resign by filing an application, if they have good reasons (e.g. a difficult family situation, changing permanent residence or transfer to governmental bodies), or by mutual agreement of the parties. The Committee requests the Government to describe, in its next report, the resignation procedure, indicating in particular whether the application to resign may be refused, and to provide copies of section 21 of the Law on Status of Servicemen and Presidential Decree No. 609 referred to above.

Article 2(2)(a). Use of conscripts for non-military purposes. The Committee has noted the Government’s statement in its report that the legislation in force does not contain provisions prohibiting the use of military personnel for non-military purposes. Recalling that under Article 2(2)(a), compulsory military service may be exempted from the scope of the Convention only if used for purely military ends, the Committee requests the Government to provide information on measures taken or envisaged to ensure that services exacted for military purposes are used for purely military ends, in order to give effect to this Article of the Convention.

Article 2(2)(c). Prison labour. The Committee has noted the Government’s indications in its 2006 report concerning prison labour, as well as the provisions of the Law on Imprisonment, of 22 July 1999, supplied by the Government with its report. The Committee notes in particular that, as a rule, convicted prisoners are assigned labour tasks within the territory of a penitentiary institution (section 53(2) of the Law on Imprisonment), but in exceptional circumstances (natural calamities, technological breakdowns or industrial accidents), as well as for the betterment of the territory and buildings of the penitentiary institution, they may work outside the institution, with their consent (section 54(4) of the Law on Imprisonment). Conditions of work of convicted prisoners, as well as their wages (subject to certain deductions), are governed by the labour legislation (sections 55 and 56 of the Law on Imprisonment). Noting the Government’s statement in the report that the legislation in force does not contain express prohibition for prisoners to be hired to or placed at the disposal of private individuals, companies or associations, the Committee requests the Government to indicate in its next report whether, in practice, prisoners may work for private enterprises. Please also communicate a copy of the Code of Administrative Offences, which the Government indicated as enclosed with the report, but which has not been received by the ILO.

Articles 1(1), 2(1) and 25. 1. Trafficking in persons. The Committee has noted with interest comprehensive information provided by the Government concerning measures taken to prevent, suppress and punish trafficking in persons for the purpose of exploitation. It has noted, in particular, the adoption of the Law on Combating Trafficking in Human Beings, of 28 April 2006, the amendment of the Criminal Code provisions concerning trafficking (insertion of the new sections 143¹ (trafficking in persons) and 143² (trafficking in minors)), as well as the adoption of the Government’s two year National Action Plan on the Fight against Human Trafficking for 2007–08. The Committee has also noted statistical information concerning the offences of human trafficking, as well as other information on the law enforcement provided in the report. Referring also to its comments addressed to the Government under the Worst Forms of Child Labour Convention, 1999 (No. 182), likewise ratified by Georgia, the Committee would appreciate it if the Government would continue to provide information on the application in practice of section 143¹ of the Criminal Code, supplying sample copies of the relevant court decisions and indicating the penalties imposed on perpetrators.

2. Penal sanctions for the illegal exaction of forced or compulsory labour. The Committee previously requested the Government to indicate provisions under which the illegal exaction of forced or compulsory labour is punishable as a penal offence, as required by Article 25 of the Convention. It has noted the observations made by the Georgian Trade Union Confederation in a communication referred to above, according to which Georgian legislation contains general provisions concerning the protection of fundamental rights and freedoms at work, but there is no provision expressly prohibiting the exaction of forced labour. In its reply, the Government refers in this connection to sections 143¹ and 143² of the Criminal Code concerning trafficking in persons. While noting these indications, the Committee hopes that the Government will provide, in its next report, information on measures taken or envisaged to ensure that adequate penal sanctions are applied in all cases of the illegal exaction of forced or compulsory labour, including also cases which are not connected with the crime of trafficking in persons, as defined in sections 143¹ and 143² referred to above, in order to give full effect to Article 25 of the Convention.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes that the Government’s report contains no reply to previous comments. It hopes that the next report will include full information on the following matters raised in its previous direct request:

Article 1(1) and Article 2(1) and (2)(a) of the Convention. The Committee has noted the provisions of the Law on Defence of the Republic of Georgia, 1992, and the Law on Non-Military Alternative Service, 1997. As regards the compulsory military service, it requests the Government to indicate provisions prohibiting the exaction of work or service from military personnel for non-military purposes and to provide copies of relevant texts, such as e.g. legislation concerning the armed forces or compulsory military service. Please also indicate any provisions applicable to professional military officers and other career servicemen as regards their right to leave the service, in time of peace, at their own request, either at fixed intervals or by means of notice of reasonable length.

Article 2(2)(c). The Committee has noted the Government’s indications in the report concerning compulsory prison labour. The Government indicated that, as a rule, convicted prisoners are assigned labour tasks within the territory of a penitentiary institution, but in exceptional cases may work outside the institution. The Committee requests the Government to provide, in its next report, information on the organization of prison labour outside a penitentiary institution, as well as on guarantees provided to ensure that prisoners are not hired to or placed at the disposal of private individuals, companies or associations. Please provide copies of the Criminal Code, 1999, referred to in the report. Please also supply information on the administrative sanctions involving compulsory labour, including a copy of the Code of Administrative Offences.

Article 25. Please indicate provisions under which the illegal exaction of forced or compulsory labour is punishable as a penal offence, as required by this Article. Please also provide information on any legal proceedings which may have been instituted as a consequence of the illegal exaction of forced or compulsory labour and on any penalties imposed.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes with regret that no report has been received from the Government. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

Article 1(1) and Article 2(1) and (2)(a) of the Convention. The Committee has noted the provisions of the Law on Defence of the Republic of Georgia, 1992, and the Law on Non-Military Alternative Service, 1997. It requests the Government to indicate provisions prohibiting the exaction of work or service from military personnel for non-military purposes and to provide copies of relevant texts, such as e.g. legislation concerning the armed forces or compulsory military service. Please also indicate any provisions applicable to professional military officers and other career servicemen as regards their right to leave the service, in time of peace, at their own request, either at fixed intervals or by means of notice of reasonable length.

Article 2(2)(c). The Committee has noted the Government’s indications in the report concerning compulsory prison labour. The Government indicated that, as a rule, convicted prisoners are assigned labour tasks within the territory of a penitentiary institution, but in exceptional cases may work outside the institution. The Committee requests the Government to provide, in its next report, information on the organization of prison labour outside a penitentiary institution, as well as on guarantees provided to ensure that prisoners are not hired to or placed at the disposal of private individuals, companies or associations. Please provide copies of the Criminal Code, 1999, and the Law on Imprisonment, 1999, referred to in the report. Please also supply information on the administrative sanctions involving compulsory labour, including a copy of the Code of Administrative Offences.

Article 25. Please indicate provisions under which the illegal exaction of forced or compulsory labour is punishable as a penal offence, as required by this Article. Please also provide information on any legal proceedings which may have been instituted as a consequence of the illegal exaction of forced or compulsory labour and on any penalties imposed.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes that no report has been received from the Government. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

Article 1(1) and Article 2(1) and (2)(a) of the Convention. The Committee has noted the provisions of the Law on Defence of the Republic of Georgia, 1992, and the Law on Non-Military Alternative Service, 1997. It requests the Government to indicate provisions prohibiting the exaction of work or service from military personnel for non-military purposes and to provide copies of relevant texts, such as e.g. legislation concerning the armed forces or compulsory military service. Please also indicate any provisions applicable to professional military officers and other career servicemen as regards their right to leave the service, in time of peace, at their own request, either at fixed intervals or by means of notice of reasonable length.

Article 2(2)(c). The Committee has noted the Government’s indications in the report concerning compulsory prison labour. The Government indicates that, as a rule, convicted prisoners are assigned labour tasks within the territory of a penitentiary institution, but in exceptional cases may work outside the institution. The Committee requests the Government to provide, in its next report, information on the organization of prison labour outside a penitentiary institution, as well as on guarantees provided to ensure that prisoners are not hired to or placed at the disposal of private individuals, companies or associations. Please provide copies of the Criminal Code, 1999, and the Law on Imprisonment, 1999, referred to in the report. Please also supply information on the administrative sanctions involving compulsory labour, including a copy of the Code of Administrative Offences.

Article 25. Please indicate provisions under which the illegal exaction of forced or compulsory labour is punishable as a penal offence, as required by this Article. Please also provide information on any legal proceedings which may have been instituted as a consequence of the illegal exaction of forced or compulsory labour and on any penalties imposed.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee has noted with interest the information provided by the Government in its first report on the application of the Convention. It would be grateful if the Government would supply, in its next report, additional information on the following points.

Article 1(1) and Article 2(1) and (2)(a) of the Convention. The Committee has noted the provisions of the Law on Defence of the Republic of Georgia, 1992, and the Law on Non-Military Alternative Service, 1997. It requests the Government to indicate provisions prohibiting the exaction of work or service from military personnel for non-military purposes and to provide copies of relevant texts, such as e.g. legislation concerning the armed forces or compulsory military service. Please also indicate any provisions applicable to professional military officers and other career servicemen as regards their right to leave the service, in time of peace, at their own request, either at fixed intervals or by means of notice of reasonable length.

Article 2, paragraph 2(c). The Committee has noted the Government’s indications in the report concerning compulsory prison labour. The Government indicates that, as a rule, convicted prisoners are assigned labour tasks within the territory of a penitentiary institution, but in exceptional cases may work outside the institution. The Committee requests the Government to provide, in its next report, information on the organization of prison labour outside a penitentiary institution, as well as on guarantees provided to ensure that prisoners are not hired to or placed at the disposal of private individuals, companies or associations. Please provide copies of the Criminal Code, 1999, and the Law on Imprisonment, 1999, referred to in the report. Please also supply information on the administrative sanctions involving compulsory labour, including a copy of the Code of Administrative Offences.

Article 25. Please indicate provisions under which the illegal exaction of forced or compulsory labour is punishable as a penal offence, as required by this Article. Please also provide information on any legal proceedings which may have been instituted as a consequence of the illegal exaction of forced or compulsory labour and on any penalties imposed.