Worst Forms of Child Labour Convention, 1999 (No. 182) - Georgia (Ratification: 2002)

Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request, and has no further matters to raise in this regard.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

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. Street children. The Committee previously noted the various measures taken by the Government to protect street children from the worst forms of child labour.

The Committee notes the Government’s information that within the framework of the Trafficking in Persons National Action Plan for 2015–16, preventive measures and awareness-raising campaigns are carried out on issues related to trafficking in persons, especially for children working and living on streets. The Government indicates that, since 2014, within the framework of the Social Rehabilitation and Child Care Programme, a subprogramme on providing shelter and psycho-social rehabilitation and integration for street children is being implemented. Currently, four care centres, two crisis intervention shelters, two transit centres as well as mobile group services providing 24-hour services to street and homeless children are operational within this subprogramme. The Committee notes from the Government’s report that 400 children working and living on the streets of Tbilisi and Kutaisi/Imereti region benefited from the above services.

The Committee further notes the Government’s information that the Ministry of Education and Science, in close cooperation with international organizations and other stakeholders of the education sector, initiated several measures to ensure accessibility of the education system for all children, especially for children belonging to marginalized groups and children from an ethnic minority background, including Roma. In this regard, the Social Model of Inclusive Education and the subprogramme on the “Second Opportunity to receive education for children outside of the learning process” is providing education to the most vulnerable groups of children, including children involved in child labour and victims of sexual exploitation. The Committee finally notes the Government’s indication that a special educational service for street children, especially those who are involved in prostitution and begging, will be implemented by the end of 2015. This service will provide an opportunity to children living and working on the street, who are not enrolled in school, or are enrolled but have learning and integration problems with their peers, to develop age-appropriate basic and vital academic skills in a specific environment. 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 continue providing information on the number of street children rehabilitated through the Social Rehabilitation and Child Care Sub-Programme. It further requests the Government to provide information on the number of children who have benefited from the inclusive education programmes and the special educational service for street children and other vulnerable groups of children.

Application in practice. The Committee notes the statistical data provided by the Government concerning the judicial proceedings undertaken for the offences related to trafficking of children. According to this data, from 2013 until August 2015, the police department started investigation of six cases related to trafficking of children, including four cases for sexual exploitation and two cases for forced labour. Of the three persons arrested for the above offences, two of them were sentenced to 14 years imprisonment and the other person was sentenced to imprisonment for 11 years and six months. With regard to offences related to the sexual exploitation of children, two cases were investigated in 2014, and one person who was arrested was sentenced to 14 years’ imprisonment.

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

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.

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

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 255¹ of the Criminal Code, as amended. The Committee notes that, according to the information provided by the Government, section 255 criminalizes the offences related to the production or keeping, offering, transferring, disseminating, selling or making available a pornographic work, including visual or audio material, depicting a minor. Section 255¹ further makes it an offence to involve a minor in the illegal production of pornographic material and dissemination, promotion or sale of such material. The Committee once again requests the Government to supply a copy of sections 255 and 255¹ of the Criminal Code as amended, along with its next report.

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 the Government’s indication that, according to section 171 of the Criminal Code as amended in 2006, persuading a minor into begging or any other anti-public activity, or involving a minor into abuse of toxic or any other medical substances shall be punishable. The Committee once again requests the Government to supply a copy of section 171 of the Criminal Code as amended, along with its next report.

Article 5. Monitoring mechanisms. 1. Police and district inspectors. Following its previous comments, the Committee notes the Government’s information that the protection of minors from participating in the worst forms of child labour is one of the priorities of the Ministry of Internal Affairs (MIA) and that the activities to this end are being implemented by the police and district inspectors. It notes the Government’s information that the MIA has a systematic approach in dealing with child protection and has implemented measures to improve the ability of the police in dealing with minors. It also notes the Government’s indication that, to date, 957 policemen were trained and specialized in dealing with minors. Similarly, district inspectors carry out regular conversations with children, increasing their awareness about the adverse consequences of harmful habits and constantly controlling their attendance at school. The Committee further notes the Government’s indication that, in March 2009, 48 workers of the MIA undertook training on the topic, Minors and the Law, and Minors and Harmful Habits and, in April, conducted 520 lectures in 186 schools on these topics.

Furthermore, the Committee notes the Government’s indication that the MIA signed a Memorandum of Cooperation with the NGO, World Vision International, to cooperate within the framework of the project entitled “Protection of the Rights of Child Victims of Trafficking in Georgia”. Within the framework of this project, the MIA conducted training courses on child trafficking for the workers of the division dealing with combating trafficking and illegal migration. To date, 15 workers of the MIA undertook this training. The Committee requests the Government to provide information on the impact of the activities undertaken by the MIA within the framework of the project, Protection of the Rights of Child Victims of Trafficking in combating child trafficking.

2. Interagency Coordination Council for carrying out measures against Trafficking in persons (Coordination Council). Following its previous comments, the Committee notes the Government’s information that the Coordination Council coordinates a wide range of activities and programmes throughout the country dedicated to the protection and rehabilitation of victims of trafficking. The activities implemented by the Coordination Council include:

–      creation of an appropriate legal basis, such as introducing amendments to the criminal legislation, as well as the adoption of the Law on Combating Trafficking in Persons, and drafting of the National Plan of Action to fight trafficking in persons;

–      advancement of institutional capacity, such as the creation of the State Fund for Protection and Assistance to Victims of Trafficking in Persons and establishment of shelters for victims of trafficking;

–      provision of protection of victims of trafficking (TIP victim protection), such as the enactment of the system provided by law via the National Referral Mechanism, elaboration of programmes of assistance and reintegration of victims of trafficking, granting compensation as well as safe return to them; and

–      arranging for wide public-awareness activities, including training courses, establishment of hotlines, elaboration of special curriculum, broadcasting of TV and radio programmes.

3. Public prosecutors. The Committee had previously noted the role of public prosecutors in the fight against trafficking in persons. Following its previous comments, the Committee notes the Government’s information that, in the first half of 2010, four cases of trafficking in persons were investigated, of which none of them involved minors. In 2009, out of 33 cases investigated, 40 persons were prosecuted and 37 persons were convicted with imprisonment for an average of 21 years. Out of the 33 cases investigated in 2009, 24 cases were in relation to trafficking in minors, and court decisions were taken in 21 cases against 33 persons. In 2008, 14 cases of trafficking in persons were initiated, out of which two cases were related to trafficking in minors, ten cases resulted in convictions with a sentence of 14–15 years’ imprisonment. The Committee requests the Government to continue providing information on the number of violations detected, investigations, prosecutions, convictions and penal sanctions applied with regard to the trafficking of children.

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 notes the Government’s indication that a new Action Plan on the Fight against Trafficking 2009–10 was adopted at the beginning of 2009. The Committee notes that this new National Action Plan envisages various important measures to be taken for the fight against trafficking in minors, such as:

–      raising awareness of minors regarding the risk of trafficking through educational programmes;

–      conducting studies and research on trafficking in minors, particularly looking at the reasons of trafficking;

–      training law-enforcement officials on trafficking in minors; and

–      training lawyers/attorneys on the protection of victims of trafficking in minors.

The Committee also notes that this National Action Plan also pays special attention to the principles of prevention of trafficking in persons, protection of the victims of trafficking and prosecution of the offenders and envisages a clear monitoring system whereby each state agency is obliged to report once in three months to the Coordination Council on the measures taken for the implementation of the action plan. The Committee further notes the Government’s indication that the Ministry of Labour, Health and Social Protection along with the Ministry of Education and Science are the main state institutions responsible for specific programmes aimed at protecting child victims of trafficking. The Committee requests the Government to provide information on the implementation of the National Action Plan 2009–10. It also requests the Government to provide information on the impact of the measures taken in combating the trafficking of children.

Article 7(1). Penalties. Following its previous comments, the Committee notes that according to section 42(4) of the Code of Administrative Offences, the violation of labour rights of a minor envisaged in the labour legislation by the employer shall be punishable by a penalty equal to 200 times the minimum daily salary.

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. The Committee had previously noted that a State Fund for the Protection of, and Assistance to Victims of Trafficking in Persons which provides for the payment of compensation (of 1,000 lari (GEL) per victim) to victims of trafficking and which finances their protection, assistance and rehabilitation measures, had been established in 2006. It had also noted that two shelters which provide services to victims of trafficking were also established in 2006 and 2007.

The Committee notes the Government’s detailed information on the process of rehabilitation and social reintegration of victims of trafficking carried out by the State Fund. With regard to child victims of trafficking, this process starts with an individual plan outlined by the State Fund and the concerned social worker based on the needs of the victim. During implementation, this plan may be amended according to the changes in the needs of the victim or availability of services as envisaged in the plan. However, the services needed to meet the minimum requirements for rehabilitation and reintegration are not subject to any changes. It also notes the Government’s indication that a child victim of trafficking referred to the State Fund shall receive the following services: shelter, free legal aid, free medical and psychological counselling and treatment, telephone hotline services, compensation, integration and rehabilitation services. In addition, the State Fund provides 24-hour security services and protection to the victims of trafficking placed in the shelters and the Ministry of Education ensures security services for all the institutions that serve child victims of trafficking or violence, or children at risk. The Committee further notes that the Strategy for Rehabilitation and Reintegration into Society of Victims of Trafficking in Persons, approved in 2007, serves as a general guide for the elaboration of the individual age-appropriate rehabilitation plan for each victim of trafficking and, as such, it will meet the concrete needs of the victims, including age-appropriate professional training and other educational programmes. It finally notes the Government’s information that, in 2007, two victims of trafficking received compensation from the State Fund, and a girl child of 17 years, who was identified as a victim of trafficking for labour exploitation, was placed in a shelter on 5 November 2009 and provided with psychological and legal assistance. The Committee requests the Government to continue providing information on the number of child victims of trafficking who have been placed in shelters or other service institutions and rehabilitated.

2. Street children. The Committee had previously noted the comments by the Georgian Trade Unions Confederation, dated 30 August 2006, that there were reports of children as young as nine years working on the streets of Tbilisi, in markets and sometimes at night, carrying or loading wares and children as young as five years of age working as beggars. It had 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. It further notes the Government’s indication, in its report for the period 2007–08 under the Minimum Age Convention, 1973 (No. 138), that UNICEF had plans to conduct a study on street children which would possibly help the Government to evaluate the actual situation and to plan for specific measures. The Committee requests the Government to provide information on the findings of the UNICEF study on street children, including statistics on the number of children working and living in the streets. Recalling that street children are particularly exposed to the worst forms of child labour, the Committee urges the Government to take effective and time-bound measures to protect children living and working in the streets, in particular Roma children, from the worst forms of child labour and to provide for their rehabilitation and social integration. It asks the Government to provide information on the measures taken in this regard.

Clauses (d) and (e). Identifying and reaching out to children at special risk and taking account of the special situation of girls. Following its previous comments, the Committee notes the Government’s information that, during the reporting period, no cases of trafficking in minors for sexual exploitation was identified. However, the Committee notes 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. The Committee 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, and taking account of the special situation of girls.

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

Article 3 of the Convention. Worst forms of child labour. Clause (a). Sale and trafficking of children. The Committee had previously noted that section 172 of the Criminal Code prohibits “the purchase and sale of a minor or carrying out any illegal deal in respect thereof”. It had also noted the Government’s statement that a minor, for the purposes of the Criminal Code, means a person under the age of 18 years. It had requested the Government to supply a copy of the legislation providing the above definition. The Committee notes the Government’s statement that, according to section 12(2) of the Civil Code of Georgia, a minor is a person under the age of 18 years. The Committee further notes the Government’s statement, pursuant to the amendments made to the Criminal Code, the crime of trafficking in persons has now been brought in full compliance with the definition given in the Council of Europe Convention on Action against Trafficking in Human Beings ratified by Georgia on 24 November 2006. It notes that, according to section 143(2) of the Criminal Code, the selling or buying of minors, or recruiting, transporting, harbouring or taking them on for purposes of exploitation, or subjecting them to other illegal deals, shall be punishable by imprisonment from eight to 15 years. For the purposes of this section, “exploitation” includes using persons with the intention of engaging them in forced labour, criminal or other antisocial activities, or prostitution, or subjecting them to sexual exploitation or other services.

Clause (b). Use, procuring or offering a child for the production of pornography or for pornographic performances. The Committee had previously noted the Government’s information regarding the amendments made to sections 255 and 255(1) of the Criminal Code which criminalize the offences related to the production, sale and distribution or advertising of pornographic material containing under age persons. The Committee had requested the Government to supply a copy of the above amendments. Noting that the Government has not supplied a copy of these texts, the Committee once again requests the Government to supply a copy thereof with its next report.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee had previously noted the Government’s indication that section 171, Part 2, of the Criminal Code had been amended on 28 April 2006. By virtue of the amendment, engagement of under age persons in non-medicinal use of soporific and pharmaceutical substances is prohibited on penalty of confinement of three years. The Committee had requested the Government to supply a copy of section 171 of the Criminal Code as amended in 2006. Noting that the Government has not supplied a copy of this text, the Committee once again requests the Government to supply a copy of section 171 of the Criminal Code as amended in 2006, along with its next report.

Article 4, paragraph 1. Determination of hazardous work. The Committee had previously noted that, under the new Labour Code, a draft list of hard, harmful and hazardous work had been elaborated and sent to the employees’ and employers’ organizations for approval. The Committee notes with interest the Government’s information that the Minister of Labour, Health and Social Affairs adopted Order No. 147/N, 3 May 2007 which provides for a list of heavy, hazardous and harmful works. The Committee requests the Government to supply a copy of the above Order No. 147/N along with its next report.

Article 5. Monitoring mechanisms. 1. Under-age Affairs Inspectorate. The Committee had previously noted the Government’s statement that an Under-age Affairs Inspectorate was established within the Ministry of Internal Affairs with the aim of protecting vulnerable children from various forms of abuse as well as taking measures against children’s participation in criminal activities. The Committee notes the Government’s statement that a District Inspection Unit has been developed within the inspectorate which consists of district inspectors allocated to each district. The district inspectors are in day-to-day contact with the inhabitants of the district and they possess information on children vulnerable to crime and abuse and take preventive measures. They also visit schools and conduct discussions on specific topics as well as on crime related issues. In 2007, the Ministry of Internal Affairs carried out a project on “Life without Drugs” covering every school in Georgia and which involved interactive discussions on drug abuse. The Committee requests the Government to provide information on the impact of the activities of the Under-age Affairs Inspectorate on the prevention of the worst forms of child labour.

2. Interagency Coordination Council for Carrying out Measures against Trafficking in Persons. The Committee notes the Government’s statement that as envisaged in the newly adopted Law on Combating Trafficking in Persons, an Interagency Coordination Council for Carrying out Measures against Trafficking in Persons (Interagency Coordination Council) was established. The Interagency Coordination Council consists of the representatives from the Ministry of Labour, Health and Social Protection, Ministry of Internal Affairs, Ministry of Justice, Ministry of Education and Science, Ministry of Foreign Affairs and members from international organizations, such as the United States Agency for International Development (USAID), the United Nations Children’s Fund (UNICEF), the International Organization for Migration (IOM) and the European Commission with the Prosecutor General of Georgia appointed as its chairperson. It notes the Government’s statement that the Interagency Coordination Council serves as an overall coordinator of anti-trafficking measures undertaken by the Georgian state agencies. It also serves as an advisory organ preparing recommendations for the President of Georgia on the issue of trafficking in persons, and a body monitoring the anti-trafficking in persons activities in the country. The Committee further notes the Government’s statement that, pursuant to section 8 of the Law on Combating Trafficking in Persons, a unified information database was also created. The purpose of this database is to facilitate the process of identification of human traffickers, to promote effective cooperation, coordination and mobilization of the Government agencies for the fight against trafficking, to prevent trafficking on the basis of systematized data and to provide timely and effective aid and protection for victims of trafficking. The Committee requests the Government to provide information on the impact of the anti-trafficking measures undertaken within the framework of the Interagency Coordination Council in combating trafficking in children. It also requests the Government to provide information on the number of cases of trafficking in children identified and entered in the unified information database and on the measures taken to protect such children and the results achieved.

3. Police and public prosecutors. The Committee notes the Government’s statement that the fight against trafficking in persons is one of the topics included in the curriculum of the Police Academy and at the training centre of the Office of the Prosecutor General. In 2007, the Office of the Public Prosecutor General initiated public discussions and meetings directed towards raising public awareness on the issue of trafficking in persons. The Committee also notes the Government’s statement that there are specialized investigators and prosecutors working on trafficking cases. The law enforcement authorities regularly report on the prosecution of the cases of trafficking in persons before the Interagency Coordination Council. The Committee further notes the Government’s statement that, as a result of active cooperation between the Prosecutor General of Georgia, the Ministry of Foreign Affairs and the IOM, two Georgian nationals and an Uzbek national who were victims of trafficking were safely returned to their respective home countries in 2007. The perpetrator of the crime against one of these victims was sentenced to 11 years of imprisonment. The Committee requests the Government to continue providing information on the number of investigations carried out and violations detected with regard to the trafficking of children.

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 notes that the two year National Action Plan on the Fight against Trafficking in Persons 2005–06 was concluded and a new National Action Plan on the Fight against Trafficking in Persons for the year 2007–08 was adopted at the beginning of 2007. The 2007–08 National Action Plan attributes equal attention to the prevention of trafficking in persons, as well as the protection of the victims of trafficking and prosecution of the offenders. However, during 2007, special attention was paid to elaborate and effectively implement programmes directed towards reintegration of victims of trafficking in persons. The Committee also notes the Government’s information that this National Action Plan envisages a clear systematic monitoring mechanism of the activities of the relevant state agencies. Each agency is obliged to submit a progress report once in three months to the Interagency Coordination Council. The Committee requests the Government to provide information on the implementation of the National Action Plan 2007–08. It also requests the Government to provide information on the impact of the measures taken in providing assistance to child victims of trafficking and for their reintegration and to indicate the number of children withdrawn and rehabilitated pursuant to this National Action Plan.

Article 7, paragraph 1. Penalties. The Committee had previously requested the Government to provide a copy of the provisions of the Code of Administrative Offences which lays down penalties for the violation of the provisions of the Labour Code prohibiting hazardous work for persons under 18 years. Noting that the Government has not supplied a copy of this text, the Committee once again requests it to supply a copy thereof with its next report.

Article 7, paragraph 2, clause (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. The Committee notes the Government’s information that the Interagency Coordination Council approved the strategy for the rehabilitation and reintegration of the victims of trafficking on 19 July 2007. Pursuant to section 9 of the Law on Combating Trafficking in Persons, 2006, a State Fund for Protection of, and Assistance to, Victims of Trafficking in Persons, which provides the payment of compensation (of 1,000 Lari (GEL) per victim) to victims of trafficking and finances their protection, assistance and rehabilitation measures, was established in 2006. The Committee also notes the Government’s information that the first shelter, which provides services to the victims of trafficking, started functioning from 2006, and that the second shelter was planned to start functioning in the second half of 2007. According to the Government’s report, the shelter provides the following services: a secure place of residence with decent living conditions; food and clothes; medical assistance; psychological counselling; legal assistance; and participation in the rehabilitation and reintegration programmes. It notes that currently there are five victims placed in the shelter. The Committee requests the Government to provide information on the measures taken under the strategy for the rehabilitation and reintegration of the victims of trafficking, to rehabilitate and reintegrate child victims of trafficking and the results obtained. It also requests the Government to indicate the number of child victims of trafficking under the age of 18 years who have been received in the shelters and rehabilitated.

2. Street children. The Committee had 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. The Committee notes the Government’s statement that the source of the above information is not clear and that there exists no single document that would lead to such an assessment or conclusions. The Government further states that the majority of street children are of Roma origin. The Committee notes, however, that the Committee on the Rights of the Child, in its concluding observations (CRC/C/15/Add.222, 27 October 2003, paragraphs 64 and 65) expressed concern at the high number of street children who are often victims of trafficking networks and other forms of exploitation, indicating that the number of children living on the streets are increasing and that families are allowing children as young as 7 years to make a living on the streets. The Committee accordingly requests the Government to investigate the phenomenon and to take effective and time-bound measures for the protection and removal of street children and child beggars, in particular Roma children, from the worst forms of child labour.

Clause (d). Identifying and reaching out to children at special risk. The Committee had previously noted that the Committee on the Rights of the Child in its concluding observations (CRC/C/15/Add.124 of 28 June 2000, paragraph 66) expressed concern at the increasing number of child victims of commercial sexual exploitation, including prostitution and pornography and the insufficient programmes for the physical and psychological recovery and social integration of child victims of such abuse and exploitation. It had also noted that there were reported incidents of the sale, trafficking and abduction of children, especially girls, for commercial sexual exploitation. The Committee once again requests the Government to indicate the measures adopted or envisaged to address the situation of these children.

Article 8. International cooperation and assistance. The Committee notes the Government’s information that the Office of the Prosecutor General of Georgia works in close cooperation with the officials of Turkey for the prevention and suppression of trafficking in persons. On August 2006, the Office of the Prosecutor General hosted a bilateral meeting devoted to the implementation of an agreement between Georgia, Turkey and Azerbaijan on combating terrorism, organized crime and other grave offences, including issues related to the safe return of the victims of trafficking to their countries of origin and cooperation in the process of investigation of cases related to trafficking in persons.

Parts IV and V of the report form. The Committee notes the statistical information provided by the Government on the number of investigations initiated and penalties applied in relation to trafficking in persons. According to this data, in 2006, investigations were initiated in 28 cases of trafficking in persons involving nine women, two men and one girl for sexual exploitation and one boy for adoption. Out of the 28 cases, 14 cases against 16 persons were submitted to the court for trial, and judgements were rendered in 16 cases against 19 perpetrators. In 2007 (for the period from January to March), nine investigations were initiated, out of which four cases were submitted to the court. During this period five verdicts were delivered against seven perpetrators with an average sentence of imprisonment of 13 years. The Committee observes that no violations with regard to the other worst forms of child labour covered by this Convention, such as the commercial sexual exploitation of children and use of children for illicit activities have been reported. In this regard, the Committee requests the Government to provide information on the number of infringements reported, investigations, prosecutions, convictions and penal sanctions applied under the relevant provisions of the Criminal Code giving effect to this Convention.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the Government’s information and the comments of the Georgian Trade Unions Confederation (GTUC) dated 30 August 2006. It requests the Government to provide further information on the following points.

Article 3 of the Convention. Worst forms of child labour. Clause (a) 1. Sale and trafficking of children. The Committee had previously noted that section 172 of the Criminal Code of Georgia prohibits “the purchase and sale of a minor or carrying out any illegal deal in respect thereof” and had requested the Government to indicate the meaning of the term “minor”. The Committee notes the Government’s statement that the Criminal Code does not define under age differently from general legislation. By virtue of the legislation in force under-age persons means persons under the age of 18 years. The Committee requests the Government to supply a copy of the legislation that defines under-age persons as persons under the age of 18 years.

Clause (b). 2. Use, procuring or offering a child for the production of pornography or for pornographic performances. Following its previous comments, the Committee notes the Government’s information that, pursuant to the amendments made to the Criminal Code on 3 June 2006, section 255 of the Criminal Code now prohibits the production and keeping of, also offering, distribution, sale, advertising or otherwise making public of pornographic material containing portrayal of under-age persons on penalty of fine or correctional labour of three years or confinement for the same period of time. Section 2551 of the Criminal Code as amended on 28 April 2006 prohibits the engagement of under-age persons in the production, distribution, advertisement and trade in pornographic production or other items of pornographic nature on penalty of confinement from two to five years. The Committee takes due note of this information and requests the Government to supply a copy of the amendments made to the Criminal Code in 2006.

Clause (c). Use, procuring or offering of a child for illicit activities. With reference to its previous comments, the Committee notes the Government’s indication that section 171, Part 2, of the Criminal Code has been amended on 28 April 2006. By virtue of the amendment, engagement of under-age persons in non-medicinal use of soporific and pharmaceutical substances is prohibited on penalty of confinement of three years. The Committee also notes that section 4(4) of the new Labour Code of 2006, prohibits under-age persons from entering into a contract for the performance of work related to the production of pharmaceutical and toxic substances, conveyance and realisztion. The Committee requests the Government to supply a copy of section 171 of the Criminal Code as amended in 2006.

Article 3, clause (d). Hazardous work. The Committee notes that, by virtue of section 4(5) of the new Labour Code (entered into force on 4 July 2006), it is prohibited to conclude a contract with under-age persons for hard, unhealthy and hazardous work. Section 4, subsection (4), of the Labour Code prohibits under-age persons from entering into a contract for work related to the gambling business, night entertainment institutions, pornography production, and production of pharmaceutical substances, conveyance and realization. The Committee also notes that section 18 of the Labour Code prohibits the employment of minors for night work (from 10 p.m. to 6 a.m.). The Committee also takes note of the Government’s information that the employers’ and employees’ representative organizations collaborated in discussions of the current edition of the Labour Code.

Article 4, paragraph 1. Determination of hazardous work. The Committee notes the Government’s information that, under the new Labour Code, a draft list of hard, harmful and hazardous work has been elaborated. The project is currently passing through in-state procedures, upon completion of which it should be ratified. As part of in-state procedures the list has been sent to employees’ and employers’ organizations for approval. The Committee hopes that the elaborated version of the list of the types of hazardous work will be adopted promptly and requests the Government to send a copy of the list once it has been adopted.

Article 5. Monitoring mechanisms. The Committee notes the Government’s statement that an inspectorate has been established on 17 May 2006, so information on specific activities undertaken will be provided in the next government report. With reference to its earlier comment, the Committee notes the Government’s information that, following the reform of the Ministry of Internal Affairs, an Under-age Affairs Inspectorate has replaced the Anti-underage and Student Crime Department. The inspector is obliged to know the number and composition of the under-18 population of the district, location of educational, cultural and sports institutions as well as the location of industries and organizations and other peculiarities of the district of which the inspector is in charge. The inspector is obliged to take measures against children’s participation in criminal activities. The Committee requests the Government to provide information on the functioning of the inspectorate established on 17 May 2006, particularly with regard to the worst forms of child labour. The Committee also requests the Government to provide further information on the functioning and the concrete measures taken by the Underage Affairs Inspectorate in monitoring the implementation of the Convention, and the results achieved.

Article 6. Programmes of action to eliminate the worst forms of child labour. Action Plan against Trade in Human Beings. The Committee notes that, by virtue of the Presidential Decree No. 623 of 29 December 2004, an Action Plan against Trade in Human Beings (Trafficking) 2005-06 has been approved. The Committee requests the Government to provide more detailed information on the achievements and impacts of this programme on eliminating the worst forms of child labour.

Article 7, paragraph 1. Penalties. The Committee had previously requested the Government to indicate the provisions of the national legislation that provides penalties for the violations of the provisions of the Labour Code prohibiting hazardous work by persons under 18 years. The Committee notes the Government’s indication that, by virtue of section 42(4) of the Code of Administrative Offences of Georgia an employer who violates under-age employment requirements can be fined up to 200 times the minimum wage. The Committee requests the Government to provide a copy of the provisions of the Code of Administrative Offences which lays down penalties for the violation of the provisions of the Labour Code prohibiting hazardous work for persons under 18 years.

Article 7, paragraph 2, clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. 1. Street children. The Committee notes the comments by the Georgian Trade Unions Confederation, dated 30 August 2006, that there are reports of children as young as 9 years working on the streets of Tbilisi, in markets and sometimes at night, carrying or loading wares. Children as young as 5 years of age work as beggars. The number of beggars is especially high among homeless children. The Committee notes the Government’s information regarding the state programmes for street children in Tbilisi entitled “Street children social integration programme; Aid to uncared-for children programme, and the Training, supplementary education and trade teaching programme.” The former programme has as its goals: study of different aspects of street children including their mental and physical health, their psychic conditions, and their family affairs; elaboration of best strategy for children and adolescents’ health, life and development, and settlement of children and adolescents into the best environment. The latter two programmes aim at trade teaching and job placement for homeless children and children from socially exposed families. The Committee also notes the Government’s information that, with the support of the UN Children’s Fund and World Vision, the “Street children aid project” has been implemented in 2005-06. The project was intended to support the social integration of street children and children at risk, and covered the following topics: decision-making skills; prevention of especially harmful substance addiction; and prevention of sexually contracted diseases. Within the scope of the project, 150 trainers have been prepared, both from the governmental and non-governmental sectors. The Committee requests the Government to provide further information on the impact of the above measures on protecting street children from the worst forms of child labour, and providing for their rehabilitation and integration.

2. Child victims of trafficking. The Committee notes the comments by the Georgian Trade Unions Confederation that women are trafficked from the country to Turkey, Israel, the United Arab Emirates, the United States and Western Europe to work in bars, restaurants or as domestic help or prostitutes. There are unconfirmed reports of trafficking in children, with street children and children living in the orphanages being particularly vulnerable. The Committee notes that the Government of Georgia adopted a new law on combating human trafficking. The law provides for the protection of the rights of the victims of human trafficking; ensure protection, assistance rehabilitation and reintegration of the victims of human trafficking including professional training and other educational programmes; and ensure safe, decent and appropriate accommodation or dwelling for the victims of human trafficking. The child victims of human trafficking are subject to the protection mechanisms established by the United Nations Convention on the Rights of the Child as of 20 November 1989, the Council of Europe Convention on Action against Trafficking in Human Beings and guidelines adopted by international organizations in the field of protection of child victims of human trafficking. The law guarantees special protection to child victims of human trafficking (section 18). The Committee also notes the Government’s information that, the state-funded psychological and medical aid programme for trafficking victims provides for short and long-term plans of family and social reintegration. Within the scope of this programme, victims are granted residence in special refuges and are provided with free legal aid. The Committee requests the Government to provide further information on the impact of the above measures on protecting young women and children under 18 years from trafficking and on providing for their rehabilitation and social integration.

3. Statistical information. Following its previous comments, the Committee notes the Government’s statement that, no statistics are found on the number of children removed from the worst forms of child labour. UNICEF and Save the Children have initiated a programme intended to carry out research on the number of street children in the country, which should be followed by elaboration of a specific action plan. The Committee requests the Government to continue providing information on the programmes that are currently being implemented in the country, in particular with regard to the number of children withdrawn and rehabilitated pursuant to the state programmes on street children and child trafficking.

Clause (d). Identifying and reaching out to children at special risk. Child victims of commercial sexual exploitation. The Committee had previously noted that the Committee on the Rights of the Child in its concluding observations (CRC/C/15/Add.124 of 28 June 2000, paragraph 66) expressed concern at the increasing number of child victims of commercial sexual exploitation, including prostitution and pornography, and the insufficient programmes for the physical and psychological recovery and social reintegration of child victims of such abuse and exploitation. It also noted that there have been reported incidents of the sale, trafficking and abduction of children, especially girls, for commercial exploitation. The Committee once again requests the Government to provide information on the time-bound measures adopted or envisaged to address the situation of these children.

Article 8. International cooperation and assistance. The Committee notes the Government’s information that, under the aegis of ILO/IPEC a seminar on child labour was held in April 2006, with the participation of the Ministry of Internal Affairs, Education and Science, and also representatives of employers’ and employees’ organizations and other stakeholders from both local and international organizations. The Committee notes that Georgia ratified the United Nations Convention against Transnational Organized Crime and Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, on 7 July 2006. The Committee also notes that the Government actively cooperates with UNICEF and Save the Children with regard to the worst forms of child labour-related issues.

Parts IV and V of the report form. The Committee requests the Government to continue providing information on the application of the Convention in practice and, in particular, to provide information on the situation of street children and the use of children in sexual exploitation. The Committee once again requests the Government to supply copies or extracts from official documents including inspection reports, studies and inquiries and where such statistics exist, information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, convictions and penalties applied.

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

The Committee notes the Government’s first report and requests it to provide further information on the following points.

Article 3 of the Convention. The worst forms of child labour. Clause (a). 1.  Sale and trafficking of children. The Committee notes that section 172 of the Criminal Code of Georgia prohibits "the purchase and sale of a minor or carrying out any illegal deal in respect thereof" and provides for a higher penalty for the purchase and sale of a minor in order to illegally take the minor abroad (paragraph (e)), or to involve one in criminal or other anti-public activities (paragraph (f)), or to transplant or otherwise use a member, part of member or tissue of the victim (paragraph (g)). The Committee requests the Government to inform it as to the meaning of the term "minor" for the purposes of these provisions of the Criminal Code.

2. Slavery, bondage, serfdom and forced or compulsory labour. The Committee notes that, according to article 18 of the Constitution of Georgia, liberty of an individual is inviolable and deprivation of liberty or other restriction of personal liberty without a court decision is impermissible. Article 30 of the Constitution states that labour shall be free. The Committee also notes that section 2 of the Labour Code provides that "every worker has the right to that labour activity which he/she chooses independently or which he/she agrees on" and "forced labour is prohibited".

3. Forced or compulsory recruitment of children for use in armed conflict. The Committee notes that, pursuant to article 101 of the Constitution, defence of the country and discharge of military service is the duty of every able citizen. It also notes that, according to the Government’s initial report to the Committee on the Rights of the Child (CRC/C/41/Add.4 of 26 May 1997, paragraph 18), after reaching 18 years of age all Georgian men are subject to military service and the law does not permit military service at a lower age. According to the information available at the Office, the Law on Military Service of 1992, as amended in 1996, states that all men at the age of 18 are liable for two years of military service.

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee notes that section 171 of the Criminal Code prohibits the involvement of minors in prostitution or "other sexual perversion" or the persuasion of minors to participate in any "other anti-public action". It also notes that section 253 of the Criminal Code provides for penalties for engaging someone in prostitution, by threatening to use violence or destroy property, by blackmail or by deception. Section 254 of the Criminal Code punishes anyone who sets up or maintains a brothel.

2. Use, procuring or offering a child for the production of pornography or for pornographic performances. The Committee notes that section 255 of the Criminal Code punishes the illicit production, distribution or promotion of pornographic material. It notes however that while this provision of the Criminal Code prohibits acts relating to pornography in general, there appear to be no provisions that prohibit the use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee reminds the Government that, under Article 3(b) of the Convention, the use, procuring or offering of children under the age of 18 for the production of pornography or for pornographic performances constitutes one of the worst forms of child labour and that, under the terms of Article 1 of the Convention, each member State which ratifies this Convention must take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. It accordingly requests the Government to indicate the measures taken or envisaged to prohibit the use, procuring or offering of children under 18 years of age for the production of pornography or for pornographic performances, as well as the sanctions envisaged.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee notes that section 145 of the Criminal Code prohibits persuading others to commit a crime. It also notes that section 171 prohibits the involvement of minors in anti-public activity. The Committee further notes that Chapter XXXIII of the Criminal Code deals with a range of drug-related offences, including the preparation, production, purchase, keeping, shipment, transfer or sale of narcotics or psychotropic substances (sections 260 and 261), illegal import or export of narcotics (sections 262 and 263) and the illicit sowing, growing or cultivating of plants containing narcotics (section 265). The Committee requests the Government to indicate whether sections 145 and 171 of the Criminal Code prohibit the use, procuring or offering of a child under the age of 18 for the production and trafficking of drugs as required by Article 3(c).

Article 3, clause (d), and Article 4, paragraph 1. Determination of hazardous work. The Committee notes that section 169 of the Labour Code prohibits arduous work, hazardous occupations, as well as underground work for persons under the age of 18. Minors are prohibited from displacing and moving heavy loads that exceed the established limits. Section 169 further states that a list of the types of arduous work and hazardous occupations in respect of which the labour of persons under 18 is prohibited, shall be approved by the laws of Georgia. Section 171 of the Labour Code prohibits the employment of workers and employees under 18 for night work and overtime work. The Committee further notes the Government’s information that the list of the types of work, to which persons under the age of 18 shall not be admitted, was established by the Interdepartmental Order of 27 April 1988. It prohibits work in heavy, harmful and hazardous conditions and underground work, as well as work in engineering and metalworking sectors; work as a welder and metalworker; work in shipbuilding and ship repair yards; work related to construction and repair of aircrafts; electric, radio and electronic engineering work; production of building materials, pottery, porcelain, faience, glass and glassware; paper production, as well as in light industry and knitted goods production. The Committee therefore requests the Government to provide a copy of Interdepartmental Order of 27 April 1988 and other relevant legislation.

Article 4, paragraph 2. Identification of hazardous work. The Committee notes the absence of information from the Government on this matter. It draws the Government’s attention to Article 4, paragraph 2, of the Convention according to which the competent authority, after consultation with the organizations of employers and workers concerned, shall identify where the types of work determined as hazardous exist. The Committee requests the Government to provide information on the measures taken to identify where the types of hazardous work exist.

Article 4, paragraph 3. Periodic examination and revision of the list of hazardous work. The Committee notes the Government’s information that the elaboration of a new version of the Labour Code is under way in the country, which would reflect in full the requirements of the Convention. In particular, under the new Labour Code, it shall not be admissible to engage persons under 18 years of age in gambling houses, night clubs and cabarets, in the manufacturing, production and transportation of narcotics and toxic agents and other work which would damage the health and morality of such persons. After the adoption of the Code the list of types of work, to which the persons under the age of 18 years shall not be admitted, shall be adjusted. The Committee requests the Government to continue providing information on progress made in the revision of the list of types of hazardous work expected after the adoption of the new Labour Code. It also asks the Government to supply information on the consultations held with organizations of employers and workers concerned.

Article 5. Monitoring mechanisms. 1. Labour inspection. The Committee notes that, according to section 237 of the Labour Code, the labour inspectorate under the Ministry of Labour, Health and Social Protection carries out the state supervision of the observance of the labour law, provisions of other acts related to labour protection in all enterprises, institutions, organizations, regardless of their property and organizational and legal form. It notes, however, the Government’s statement that the labour inspectorate does not have at its disposal any information about the violations of the working conditions of children. The Committee also notes the Government’s indication that the studies of child labour are not carried out in a systematic way that would give a real picture of the situation and make information more precise. It further notes that the Committee on Economic, Cultural and Social Rights in its concluding Observations (E/C.12/1/Add.83 of 19 December 2002, paragraph 34) has urged the Government to improve the legislation concerning labour inspections, in particular with regard to the private sector, and to provide more resources to the labour inspectorate. The Committee asks the Government to indicate the measures taken or envisaged to provide labour inspectors with adequate human and financial resources in order to monitor the effective implementation of the national provisions giving effect to the Convention. The Committee also requests the Government to provide further information on the activities of labour inspectors, including the number of workplaces investigated per year, and on the findings.

2. Department on the Affairs of Minors of the Ministry of Internal Affairs. The Committee notes the Government’s indication that the Department on the Affairs of Minors of the Ministry of Internal Affairs of Georgia exercises state control over the observance of the requirements of the Convention. It therefore requests the Government to provide further information on the concrete measures taken by the Department on the Affairs of Minors in monitoring the implementation of the Convention, and the results achieved.

3. Georgian Children’s Federation. The Committee notes that, according to the Government’s second periodic report to the Committee on the Rights of the Child (CRC/C/104/Add.1 of 28 April 2003, paragraph 43), the Georgian Children’s Federation was set up in April 1999 by a Presidential Decree. Its tasks include yearly monitoring of the situation of children and young people in Georgia and providing care for socially deprived children. The Committee requests the Government to provide information on the activities of the Georgian Children’s Federation concerning the elimination of the worst forms of child labour.

Article 6. Programmes of action to eliminate the worst forms of child labour. 1. National Programme of Action for the Welfare of Children and Unified National Programme of Action to Provide Assistance to Children of Georgia. The Committee notes that, according to the Government’s second periodic report to the Committee on the Rights of the Child (CRC/C/104/Add.1 of 28 April 2003, paragraphs 21 and 22), the Georgian President, in March 2001, issued resolution No. 189 on the establishment of a state commission to develop a central National Programme of Action for the Welfare of Children. The state commission is responsible for developing and submitting a central National Programme of Action for the Welfare of Children for the period 2002-07, and for ensuring that Georgian legislation relevant to the welfare of children is gradually brought in line, in the prescribed manner, with international Conventions and other agreements. It also notes the Government’s information that the Ministry of Internal Affairs developed the state programme, which is fully reflected in the Unified National Programme of Action to Provide Assistance to Children of Georgia, adopted in 2003 and envisaged for implementation in 2003-07. The Committee requests the Government to provide more detailed information on the achievements and impact of these programmes on eliminating the worst forms of child labour.

2. State programme for the protection, development and social rehabilitation of minors. The Committee notes that, according to the Government’s second periodic report to the Committee on the Rights of the Child (CRC/C/104/Add.1 of 28 April 2003, paragraph 60), the President of Georgia in 2000 issued the State programme for the protection, development and social rehabilitation of minors, deprived of parental care and prone to anti-social behaviour, as well as homeless (street) children. The programme has as its primary goals: formation of a legal and regulatory framework to uphold the rights of children in the above category; study of different aspects of the problem of street children and efforts to promote their vocational guidance and social rehabilitation; creation of rehabilitation centres and specialized schools, and the development and introduction of specially tailored programmes for the education and upbringing of children; and tackling the problem of the further integration and welfare of street children. The Committee requests the Government to supply a copy of the abovementioned state programme and to provide information on its impact on protecting street children from the worst forms of child labour.

3. Plan of action to combat violence against women. The Committee notes that, according to the Government’s second periodic report to the Committee on the Rights of the Child (CRC/C/104/Add.1 of 28 April 2003, paragraph 288), the plan of action to combat violence against women for the period 2000-2002 was ratified by Presidential Decree in February 2000. The plan has as one of its objectives the prevention and elimination of trafficking in women for the purpose of sexual exploitation. The executors of this plan are both legislative and executive bodies, as well as trade unions, NGOs and mass media. The Committee requests the Government to supply a copy of this plan of action and to provide information on its impact on eliminating the trafficking of women under the age of 18 for the purpose of sexual exploitation.

Article 7, paragraph 1. Penalties. The Committee notes that sections 143, 145, 169, 171 and 172 of the Criminal Code establish sufficiently effective and dissuasive penalties of imprisonment for breach of the provisions prohibiting: illegal imprisonment, provocation of a crime, violation of labour legislation, involving minors in anti-public activity, including prostitution and trafficking of minors. The Committee requests the Government to indicate which provisions of the national legislation contain penalties for violation of the provisions of the Labour Code prohibiting hazardous work for persons under 18.

Article 7, paragraph 2. Effective and time-bound measures. The Committee notes that the Government has provided no information on Article 7, paragraph 2(c) and (e), of the Convention. It accordingly requests the Government to provide detailed information on effective and time-bound measures to: (c) ensure access to free basic education, and, whenever possible and appropriate, vocational training, for all children removed from the worst forms of child labour; and (e) take account of the special situation of girls.

Clause (a). Prevent the engagement of children in the worst forms of child labour. The Committee notes that, according to article 35 of the Constitution, primary education is compulsory and the State provides basic education at its own expense. Citizens have the right to receive free secondary, professional and higher education at state educational institutions. According to the Law on Education of 1997, primary education is compulsory and lasts six years. Children are admitted to primary education at the age of 6. Basic secondary education (three years’ duration, normally up to the age of 15) is provided free of charge. The State provides for free vocational training to persons up to the age of 18. The Committee also notes that, according to the Government’s second periodic report to the Committee on the Rights of the Child (CRC/C/104/Add.1 of 28 April 2003, paragraphs 54 and 55), in order to implement the constitutional requirement to ensure the development of Georgia’s high mountain regions, the Mountain and High Mountain Districts of Georgia (Social, Economic and Cultural Development) Act has been adopted. Under this Act, the State provides full secondary education free of charge for children from high mountain villages. To ensure that education is available to all children in high mountain districts, schools have been permitted to open classes for as few as three or four children, while the standard class size elsewhere in the country is 25.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. The Committee notes that, according to the Government’s second periodic report to the Committee on the Rights of the Child (CRC/C/104/Add.1 of 28 April 2003, paragraphs 157-159), the Ndoba ("Trust") social and psychological assistance centre deals with issues of rehabilitation and social integration of children. The centre has the following permanent services: hotline, by which specialist staff can provide psychological support to children and adolescents (in 2002 more than 800 children received assistance of this kind); social and psychological consultation services (some 400 children received such assistance); and children’s and teenagers’ readaptation club (more than 300 children received psychological and social assistance through the club). The Committee requests the Government to provide information on the measures taken to ensure the rehabilitation and social integration of the children removed form the worst forms of child labour. It also requests the Government to provide statistical data on the number of children who are, in practice, removed from work.

Clause (d). Identifying and reaching out to children at special risk. 1. Street children. The Committee notes that, according to the Government’s second periodic report to the Committee on the Rights of the Child (CRC/C/104/Add.1 of 28 April 2003, paragraphs 221-222), a non-governmental organization Children and the Environment carried out a project on street children in Tbilisi designed to provide psychological and social rehabilitation for these children. Under this project a shelter was created in 1997 for street children, accommodating 50 children by day and 20 by night. Since January 2000, the UNICEF office in Georgia has been funding a special programme for street children, which is also being implemented by Children and the Environment. Under this programme, cultural and educational activities are conducted by teachers, psychologists and sociologists with the children on the streets. However, the Committee notes that the Committee on the Rights of the Child in its concluding Observations (CRC/C/15/Add.222 of 27 October 2003, paragraph 64) expressed concern regarding the high number of street children who are often victims of trafficking networks and various other forms of exploitation. The Committee on the Rights of the Child recommended to the Government to undertake a study to assess the scope and causes of the phenomenon and to consider establishing a comprehensive strategy to address the increasing number of street children. The Committee considers that children living in the streets are particularly exposed to the worst forms of child labour. It therefore requests the Government to provide information on the effective and time-bound measures taken to protect young persons under 18 years of age living in the streets from the worst forms of child labour and to provide for their rehabilitation and social integration.

2. Child victims of commercial sexual exploitation. The Committee notes that the Committee on the Rights of the Child in its concluding Observations (CRC/C/15/Add.124 of 28 June 2000, paragraph 66) expressed concern about the increasing number of child victims of commercial sexual exploitation, including prostitution and pornography, and the insufficient programmes for the physical and psychological recovery and social reintegration of child victims of such abuse and exploitation. It noted that there have been reported incidents of sale, trafficking and abduction of children, especially girls, for commercial sexual exploitation. It recommended that the Government undertake studies with a view to designing and implementing appropriate legislation, policies and measures, including care and rehabilitation, to prevent and combat the sexual exploitation of children, as well as the sale, trafficking and abduction of children for commercial sexual exploitation. The Committee requests the Government to provide information on the effective and time-bound measures taken to address the situation of these children.

Article 8. International cooperation and assistance. The Committee notes that Georgia is a member of Interpol, which helps cooperation between countries in the different regions especially in the fight against trafficking of children. It also observes that Georgia ratified the Convention on the Rights of the Child in 1994. It further notes that Georgia is a party to the following international drugs Conventions: Single Convention on Narcotic Drugs of 1961 as amended by the 1972 Protocol, Convention on Psychotropic Substances of 1971, and United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of 1988. The Committee also notes that Georgia signed in 2000, but has not yet ratified the United Nations Convention against Transnational Organized Crime as well as its Protocol against human trafficking. It further notes that Georgia signed in 1999 a cooperation programme with the ILO for the period 1999-2001. The Committee asks the Government to provide information on any steps taken to assist other member States or on assistance received giving effect to the provisions of the Convention through enhanced international cooperation and/or assistance including support for social and economic development, poverty eradication programmes and universal education, in conformity with the requirements of the Convention.

Part III of the report form. The Committee notes the Government’s indication that, according to the information of the Ministry of Internal Affairs, during the year of 2003, 11 cases of unlawful possession of arms and two cases of arms trafficking were reported among persons under age of 18. In accordance with the information of the Supreme Court of Georgia, the courts examined 24 cases concerning the unlawful possession, trafficking and distribution of narcotics by persons under age, including five young persons of 14-15 years and 19 minors of 16-17 years. It also notes that, according to the information provided by the Ministry of Internal Affairs for 2003, there is no data on the sexual exploitation of children and their use in pornography. The Committee encourages the Government to continue to supply information on courts decisions regarding the legislation relevant to the application of the Convention, even if the provisions of the Convention as such were not among the focus of the decisions.

Parts IV and V of the report form. The Committee notes that, according to the report on child labour in Georgia prepared in 2004 by the National Statistical Office with the assistance of ILO/IPEC, there are about 118,000 economically active children (21.5 per cent of all children) and about half of them are found in situations of child labour that needs to be eliminated (10.6 per cent of all children). However, it notes that this study does not generate statistics on the worst forms of child labour as such (except for those working for more than 43 hours per week, which could be regarded as hazardous work due to excessive hours). The Committee requests the Government to continue providing information on the application of the Convention in practice and on any practical difficulties encountered in the application of the Convention, in particular, concerning such issues as child trafficking and the use of children in sexual exploitation. The Committee also asks the Government to supply copies or extracts from official documents including inspection reports, studies and inquiries and where such statistics exist, information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penalties applied.