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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in the report that the new Imprisonment Code was adopted on 9 March 2010 and the Law on Imprisonment of 1999 has been repealed.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.
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.
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.
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.
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 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.
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 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.