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

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

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

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

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

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