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

Minimum Age Convention, 1973 (No. 138) - Georgia (Ratification: 1996)

The Committee notes the Government’s report and the comments of the Georgian Trade Unions Confederation (GTUC) dated 21 September 2012.

Article 2(1) and (3) of the Convention and Part V of the report form. Minimum age for admission to employment, compulsory education and application of the Convention in practice. In its previous comments, the Committee had noted the comments made by the GTUC that according to UNICEF estimates, 30 per cent of children between the ages of 5–15 years worked in Georgia and that there were reports of children between the ages of 7–12 years working on the streets of Tbilisi, in markets, carrying or loading wares, selling goods in underground carriages, railway stations, etc. Moreover, based on the information provided by the Trade Union of Agricultural Workers, the GTUC alleged that child labour is widespread in the agricultural sector at harvest time in several regions of Georgia.

The Committee had noted the Government’s statement that allegations by the GTUC were based on unverified sources and that UNICEF was planning to conduct a study on street children which would help to assess the actual situation of child labour in the country. It had noted that the child labour estimates of the Multiple Indicator Cluster Survey (MICS), UNICEF 2005, indicated an important drop in the percentage of children involved in labour, from 30 per cent in 1999 to 18 per cent in 2005. The Committee had further noted the Government’s information that education was one of its priorities and that it had taken a number of steps to strengthen the educational system and the school attendance of children, through increasing expenditure on general education and renovating more than 300 public schools under the “Public Schools Rehabilitation Programme”. The Committee noted that as per the UNICEF statistics on education, in Georgia, the gross primary school enrolment rate in 2008 was 100 per cent for males and 98 per cent for females. The Committee had requested the Government to provide recent statistical information on the employment of children and young persons, in particular children working in the streets and in the agricultural sector.

The Committee notes the Government’s statement that Georgia has a strong tradition of education with almost universal primary school enrolment rates across the country. Hence the possibility of children being involved in child labour is very low. The Committee also notes the Government’s indication that in order to ensure the well-being of street children, an inter-agency commission was created which elaborated a new strategy to protect street children. Furthermore, the Government has implemented a voucher system for street children, enabling them to receive financial support. The Committee notes that according to the UNICEF report entitled “Georgia and the Convention on the Rights of the Child, 2011”, the primary net attendance ratio for 2010 was 93 per cent which indicates that 20,000 primary school-aged children were not enrolled in school while the net attendance ratio at the secondary level was 86 per cent. The Committee further notes that according to the UNICEF study report on street children of 2009, there was an average of 1,049 street children in the four cities of Tbilisi, Kutaisi, Rustavi and Batumi where the study was conducted, of which 66 per cent was children between the ages of 5–14 years. The Committee encourages the Government to pursue its efforts in the field of education by taking measures to enable children to attend and complete compulsory education and to ensure free basic education to all children, particularly street children. It requests the Government to provide information on the measures taken in this regard and the results achieved.

Article 2(1). Scope of application. The Committee had previously noted the Government’s indication that self-employment was not regulated by the legislation of Georgia. It had also noted that section 4(2) of the Labour Code permits the employment of children below 16 years, on the condition that such work is not against their interests, does not damage their moral, physical or mental development or limit their right and ability to obtain elementary, compulsory and basic education, and upon the consent from their legal representative, tutor or guardian.

The Committee had noted the comments made by the GTUC that the Labour Code applied only to hired labourers. As such, children working on family farms or in the agricultural sector are not afforded the protection guaranteed under the Convention. Furthermore, with the abolition of the labour inspectorate by the Labour Code of 2006, there exists no public authority to observe the implementation of labour legislation, including child labour provisions.

In this context, the Committee had noted the Government’s reference to Article 5(3) of the Convention which provides for the possibility of limiting the scope of application of the Convention to certain branches of economic activity, “excluding family and small-scale holdings producing for local consumption and not regularly employing hired workers”. The Government had further stated that children’s work in the agricultural sector is not hired work and therefore their activities cannot be considered as incompatible with the Convention, as it is excluded under Article 5(3) of the Convention. Observing that at the time of ratification, Georgia did not avail itself of this provision and therefore the provisions of the Convention apply to all branches of economic activity, including family undertakings and small-scale holdings, and cover all types of employment, whether hired or self-employed, the Committee had requested the Government to take the necessary measures to ensure that children working in the agricultural sector, whether paid or unpaid, as well as those working on their own account, are entitled to the protection afforded by the Convention.

The Committee notes the comments made by the GTUC that according to the data of the Department of Statistics, the number of self-employed minors is much higher than that of those employed in the formal sector. The GTUC further states that child labour is widespread in various regions of Georgia during the crop period in the agriculture sector.

The Committee notes the Government’s indication that in order to enhance the rights of a child, the Government is currently exploring the possibility to more precisely address the minimum age provisions as well as restrictions on working hours of children in Georgia’s labour laws. The Committee expresses the firm hope that the Government, in its attempt to address more precisely the minimum age provisions under the Labour Code, will take the necessary measures to ensure the application of the Convention to all branches of economic activity, including family undertakings and small-scale holdings and cover all types of employment, whether hired or self-employed, in order to bring the national legislation into conformity with the Convention. It requests the Government to provide information on any progress made in this regard.

Article 7(1) and (3). Light work and determination of light work. The Committee had previously noted the comments by the GTUC that the hours of work of young workers are not limited. It had noted that as per section 14 of the Labour Code, if parties do not agree otherwise, a working week shall not exceed 41 hours, which is also applicable to young workers. The Committee also noted the comments made by the GTUC that the regulation on the work of young persons under the Labour Code does not guarantee sufficient protection to minors in employment relations. The GTUC further added that it is important to restrict the working hours of young persons and to also include provisions for rest periods, breaks and holidays.

The Committee had noted that section 18 of the Labour Code which prohibits night work (10 p.m. to 6 a.m.) by young persons if read in conjunction with section 4(2) which lays down the condition that work by children below 16 years of age shall not limit their right and ability to obtain elementary, compulsory and basic education, implies that children may work for about eight hours per day, excluding school hours and night work. In this context, the Committee drew the Government’s attention to Paragraph 13(1)(b) of the Minimum Age Recommendation, 1973 (No. 146), that in giving effect to Article 7(3) of the Convention, special attention should be given to the strict limitation of the hours spent at work in a day and in a week, and the prohibition of overtime, so as to allow enough time for education and training (including the time needed for homework related thereto) for rest during the day and for leisure activities. Noting that the Labour Code allows children between 14 and 16 years to perform light work under the conditions specified under section 4(2) of the Labour Code, the Committee had urged the Government to take the necessary measures to determine light work activities permitted for children between 14 and 16 years of age and to prescribe the number of hours during which, and the conditions in which, light work may be undertaken by such persons.

The Committee notes the Government’s indication that it is attempting to review the Labour Code for further enhancement of the provisions regarding restrictions on working hours of children. The Committee expresses its concern that the national legislation allows children between the ages of 14 and 16 years to work for eight hours a day. The Committee therefore urges the Government to take the necessary measures in the near future to determine the light work activities that may be undertaken by children of 14 years and above and the number of hours during which, and the conditions in which, such work may be undertaken.

Article 8. Artistic performances. The Committee had previously noted the information contained in the Government’s report to the Committee on the Rights of the Child (CRC/C/41/Add.4, 1997, paragraph 13) that, under certain conditions, children under 15 years of age may be engaged in artistic activities, such as the circus or the cinema. It had also noted the Government’s statement that the working conditions of young persons in all spheres, including artistic performances, were well protected under the Labour Code and therefore no separate method of issuance of permits for artistic performances had been set up. The Committee had noted the provisions under section 4(3) of the Labour Code which states that a labour contract can be concluded with a child below 14 years only for work related to sport, art, cultural and advertising activities. Observing that there were no provisions under the Labour Code which limit the number of working hours or set maximum working hours or conditions for employment of young persons who participate in artistic performances, the Committee had requested the Government to indicate the measures taken or envisaged to ensure that approval for young persons below 15 years of age to take part in artistic activities is granted in individual cases, and that permits so granted shall prescribe the number and hours during which, and the conditions in which, such employment or work is allowed.

The Committee notes the Government’s reference to section 4(2) of the Labour Code which states that the labour capacity of a child below 16 years shall be concluded only with the consent of his/her legal representative, tutor or guardian, if it is not against his/her interests, does not damage his/her moral, physical or mental development and does not limit his/her right and ability to obtain elementary, compulsory and basic education. It further notes the Government’s statement that accordingly, the activities in which employment or work may be permitted for an under-age person and the number of hours of such work may be defined as per the consent of the child’s legal representative, tutor or guardian. The Committee once again recalls that Article 8 of the Convention allows exceptions to the specified minimum age of admission to employment or work for such purposes as artistic performances only by permits granted in individual cases by the competent authority and not just with the consent of the parent or legal guardian and that such permits so granted shall limit the number of hours during which, and prescribe the conditions in which, such employment or work is allowed. The Committee therefore requests the Government to indicate whether the labour contracts or certificates of consent concluded under section 4(2) and (3) of the Labour Code which allow children below the minimum age (15 years) to participate in sport, art, cultural and advertising activities and which lay down the conditions and the number of hours during which such activities may be undertaken, are granted by the competent authority. It also requests the Government to provide a copy of such labour contracts or certificates along with its next report.

Article 9(1) and Part III of the report form. Penalties and labour inspection. In its previous comments, the Committee had noted the Government’s statement that the labour inspectorate stands abolished according to the Labour Code of 2006. It had noted the comments made by the GTUC that with the abolition of the labour inspectorate, there exists no public authority to observe the implementation of labour legislation, including child labour provisions.

The Committee had noted the Government’s indication that the police are responsible for the monitoring of infringements related to child labour. While noting that the Government’s report contained information on the activities of the police with regard to crime prevention, child abuse and the protection of minors with unusual social behaviour, the Committee observed that these did not relate to infringements of the Labour Code related to child labour. It had observed with concern that there existed no public authority to monitor the implementation of the child labour-related provisions in the country and therefore urged the Government to take the necessary measures to ensure the effective monitoring and implementation of the provisions giving effect to the Convention.

The Committee notes the Government’s information that the competencies of the Patrol Police Department and district police units are divided according to regions/districts of Georgia. It notes the Government’s information that the district police inspectors who keep information about minors within the area of their coverage, visit families of minors to make them aware of their rights. Furthermore, the district police inspectors also conduct classes for school teachers on children’s rights and their infringement. The Government further states that the Ministry of Education and Science (MoES) is responsible for monitoring the security of school children and also to provide legal consultations to teachers, parents and children. The Committee also notes the Government’s information that the Department of Social Protection within the Ministry of Labour, Health and Social Assistance (MOLHSA) focuses on policy recommendations related to rights of children, including child labour. Furthermore, the Social Issues and Programmess Division within this department receives and forwards complaints of child labour violations to the Social Service Agency within MOLHSA and law enforcement agencies for further investigations. The Committee requests the Government to provide information on the number of violations detected by the district police inspectors as well as the number of complaints received by the Social Issues and Programmes Division related to child labour.

The Committee is raising other points in a request addressed directly to the Government.