Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Georgia (Ratification: 1993)

The Committee notes the observations of the Georgian Trade Unions Confederation (GTUC) dated 26 September 2014, 2 March 2015 and 3 October 2016 which address similar issues related to the application of the Convention, as well as the responses from the Government dated 20 November 2015, 16 December 2016 and 8 November 2017.

Article 1 of the Convention. Discrimination in the recruitment stage. The Committee recalls its previous comments in which it noted that the Labour Code prohibited any kind of discrimination based on a number of grounds in employment relations (section 2(3)) but did not explicitly cover discrimination at the recruitment or selection stage nor did it define discrimination. The Committee notes that following amendments to section 2(3) of the Labour Code in 2013, discrimination is now prohibited in “pre-contractual relations” (Organic Law No. 729-IIs of 12 June 2013 to amend the Labour Code). The Committee notes however, that according to the GTUC, discrimination in the context of pre contractual relations, including job advertisements, is still common in practice and cases are often not reported. Pregnancy and marital status, in particular, operate as impediments to recruitment. The GTUC also reiterates that under section 5(8) of the Labour Code an employer is not required to give reasons for a decision not to hire a candidate, which may bar candidates from successfully bringing discrimination cases. The Committee further notes from the Government’s report that the Office of the Public Defender found that gender stereotypes regarding the type of jobs for women and men are reflected in discriminatory job advertisements, and that a study of the most widely used job advertisement website (www.jobs.ge) revealed that 10 per cent of the online job advertisements specifically targeted female candidates and 24 per cent male candidates. To address this situation, the Office of the Public Defender has recommended that the Ministry of Labour, Health and Social Affairs develops guidelines to prevent discrimination in the recruitment stage. The Committee asks the Government to take the necessary steps to eliminate discriminatory practices at the recruitment stage, including in job advertisements, and to provide information on the number and nature of cases handled by the courts or the Office of the Public Defender regarding discrimination in “pre-contractual relations”, including sanctions imposed and remedies provided.

Discrimination based on sex. Sexual harassment. The Committee recalls that section 6(1)(b) of the Law on Gender Equality of 2010 prohibits “any type of unwanted verbal, non-verbal or physical act of a sexual nature that is aimed at or induces impairment of a person’s dignity or creates humiliating, hostile or abusive conditions for him/her”, and that section 2(4) of the Labour Code only prohibits harassment more generally as a form of discrimination. The Committee notes that the Law on the Elimination of All Forms of Discrimination, adopted in 2014, prohibits discrimination but does not expressly define and prohibit sexual harassment. The Committee notes the observations by the GTUC that sexual harassment is one of the least reported forms of discrimination and that the regular mechanism for administrative complaints is not adequate to address cases of sexual harassment due to the lack of confidentiality. The Committee further notes from the information provided by the Office of the Public Defender that no active steps have been taken towards the prevention of sexual harassment in the workplace, and that the Office of the Public Defender has recommended that the Ministry of Justice establishes a system of adequate sanctions. Regarding the enforcement of section 6(1)(b) of the Law on Gender Equality, the Government refers to the authority of the Gender Equality Council “to examine statements, documents and other information on violations of gender equality”. The Government also refers to the mandate of the Office of the Public Defender to monitor the observance of the principle of non-discrimination in general, on the basis of complaints or ex officio, but it is not clear whether that also covers the provisions of the Law on Gender Equality. The Committee asks the Government to take steps, together with workers’ and employers’ organizations, to prevent sexual harassment in the workplace, including the development of workplace policies and awareness raising among workers and employers, and to report on the progress made in this regard. It also asks the Government to take the necessary steps to ensure that section 6(1)(b) of the Law on Gender Equality is effectively enforced, and to provide information on any cases of sexual harassment dealt with by the courts or any other competent authorities, including information on sanctions and remedies provided. Noting that the reform of the Labour Code is still ongoing, the Committee also asks the Government to consider including a provision explicitly defining and prohibiting sexual harassment in the workplace similar to section 6(1)(b) of the Law on Gender Equality.

Article 2. Equality of opportunity and treatment between men and women. The Committee notes from the Government’s report on the Equal Remuneration Convention, 1951 (No. 100), that women’s economic activity and employment rates, while having increased respectively to 58.9 per cent and 52.9 per cent in 2015, remain low compared to men’s economic activity and employment rates, respectively 78.1 per cent and 67.6 per cent. In this regard, the Committee notes that, in its observations, the GTUC emphasizes the linkages between women’s low economic activity rate, the feminization of poverty and the high rate of violence against women. It also refers to persisting stereotypes and prejudices about women’s role in the family and in decision-making, and to women’s difficulties in combining work and family responsibilities. The GTUC further states that occupational gender segregation (the “glass ceiling”) is one of the most common forms of discrimination and, despite positive steps towards regulation, the promotion of women and their equal participation in economic development remain problematic. The Committee notes the adoption of the 2014–16 National Action Plan on Gender Equality and the Progress Report, published in 2017, on its implementation. The Committee notes from the Progress Report that training and awareness activities, including media campaigns, have continued to address traditional views and current stereotypes that hinder gender equality. The Progress Report also provides information on the increased number of women’s beneficiaries in projects to promote entrepreneurship, agricultural production and cooperatives, and in data collection on gender equality. However, the Committee also notes that according to the Report, progress has been slow and various factors hinder the realization of gender equality and the promotion of women’s rights, including societal attitudes and gender stereotypes, lack of institutional understanding about the importance of gender equality, lack of an effective legal framework and insufficient human and financial resources. The Committee asks the Government to step up its efforts to promote gender equality specifically in the field of employment and occupation, including through addressing stereotypes regarding women’s professional aspirations, preferences and capabilities, and their role in the family. The Committee also urges the Government to take steps to address the legal and practical barriers to women’s access to the broadest possible range of sectors and industries, at all levels of responsibility, and to promote a more equitable sharing of family responsibilities between men and women, and to report on the results achieved in this regard. Noting that the Progress Report recommended that the outstanding activities of the 2014–16 National Action Plan on Gender Equality should be implemented in the course of 2017, the Committee also asks the Government to provide information on the results thereof, as well as on any specific activities carried out by the Gender Equality Council in the field of employment and occupation. The Committee asks the Government to continue to provide statistics on the situation of men and women in different occupations, including at decision-making level, and in all sectors of the economy.

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