Abolition of Forced Labour Convention, 1957 (No. 105) - Georgia (Ratification: 1996)

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

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Article 1(a) of the Convention. Sanctions involving compulsory labour as a punishment for expressing political views. The Committee notes the information provided by the Government, in its report, that two persons were sentenced to a year and 6 months’ imprisonment under section 226 of the Criminal Code (organization of group actions violating public order and participation in such actions). The Government also indicates that there is another pending case under section 226 of the Criminal Code. As regards section 347 of the Criminal Code (violation of the procedure for holding an assembly or demonstration), no cases have been reviewed by the courts.

The Committee notes that the United Nations Human Rights Committee, in its 2022 concluding observations, expressed deep concern about increased reports of violations of freedom of expression and, in particular, the initiation of criminal proceedings against media outlets and workers (CCPR/C/GEO/CO/5,). The Committee further notes that in its Resolution on violations of media freedoms and the safety of journalists in Georgia of 9 June 2022, the European Parliament expressed concern over the significant deterioration of the media situation in Georgia in recent years and condemned an increasing number of the persecution of journalists and criminal investigations into media workers and owners.

The Committee recalls that Article 1(a) of the Convention protects persons who hold or express political views or views ideologically opposed to the established political, social, or economic system by prohibiting their punishment with penalties which involve compulsory labour, including sentences of imprisonment that entail compulsory labour or correctional work. In this respect, the Committee recalls that in Georgia, the penalty of imprisonment involves compulsory prison labour pursuant to section 110(2) of the Imprisonment Code of 2010.

The Committee requests the Government to ensure that, both in law and practice, no one who, in a peaceful manner, expresses political views or opposes the established political, social or economic system, can be sentenced to penalties under which compulsory labour is imposed. The Committee requests the Government to continue to provide information on the number of prosecutions and convictions handed down under sections 226 and 347 of the Criminal Code with an indication of the penalties applied as well as a description of the facts and the legal reasoning behind the convictions.

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

Article 1(a) of the Convention. Sanctions involving compulsory labour as a punishment for expressing political views. Following its previous comments, the Committee notes the information provided by the Government regarding the application in practice of sections 226 (concerning organization of group actions violating public order and participation in such actions) and 347 (violation of procedures related to the organization of meetings and manifestations, if the violation entails grave consequences caused by negligence) of the Criminal Code. According to this information, no cases under section 347 have been reviewed by the courts while with regard to the only case which was initiated under section 226 in 2013–15, the legal process is still ongoing in the Tbilisi court. The Committee requests the Government to provide information on the final decision made by the court with regard to the pending case under section 226, as well as any other decisions made in relation to sections 226 and 347 of the Criminal Code.

Article 1(d). Penal sanctions involving compulsory labour for participating in strikes. The Committee previously noted that section 348 of the Criminal Code provides for sanctions of correctional work or limitation of freedom as a punishment for the violation of strike procedures by the organizers of strikes, if the violation entails grave consequences caused by negligence. It noted the Government’s repeated indication that the above section is applicable to cases of abuse of the right to strike, if such abuse has caused “serious damage”, which means any situation in which human life and health, natural environment or property are damaged. The Government also indicated that this section implicitly states that it cannot be applied to a peaceful strike.

The Committee once again notes the Government’s indication in its report that no court has ever discussed any case related to the application of section 348 of the Criminal Code.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Article 1(a) of the Convention. Sanctions involving compulsory labour as a punishment for expressing political views. Following its previous comments, the Committee notes the information provided by the Government on the application in practice of sections 226 (concerning organization of group actions violating public order and participation in such actions) and 347 (violation of procedures related to the organization of meetings and manifestations, if the violation entails grave consequences caused by negligence) of the Criminal Code. According to this information, no cases under section 347 have been reviewed by the courts during the reporting period (2013–15) while one case was reviewed under section 226 for which no final decision has been made. The Committee requests the Government to provide information on the final decision made by the court with regard to the pending case under section 226, as well as other decisions made in relation to sections 226 and 347 of the Criminal Code.

Article 1(d). Penal sanctions involving compulsory labour for participating in strikes. The Committee previously noted that section 348 of the Criminal Code provides for sanctions of correctional work or limitation of freedom as a punishment for the violation of strike procedures by the organizers of strikes, if the violation entails grave consequences caused by negligence. It noted the Government’s repeated indication that the above section is applicable to cases of abuse of the right to strike, if such abuse has caused “serious damage”, which means any situation in which human life and health, natural environment or property are damaged. The Government also indicated that this section implicitly states that it cannot be applied to a peaceful strike.

The Committee notes the Government’s indication in its report that no cases have been reviewed under this provision during the reporting period. The Committee requests the Government to continue to provide information on the application in practice of section 348 of the Criminal Code, as soon as such information becomes available, supplying copies of the relevant court decisions and indicating the penalties imposed.

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

Article 1(a) of the Convention. Sanctions involving compulsory labour as a punishment for expressing political views. The Committee notes the information on the application in practice of section 226 of the Criminal Code concerning organization of group actions violating public order and participation in such actions provided by the Government, including a copy of the court decision annexed to the Government’s report. The Committee requests the Government to continue to provide, in its future reports, information on the application of section 226 in practice, supplying copies of the relevant court decisions.

The Committee previously noted that penal sanctions of correctional work or limitation of freedom may be imposed under section 347 of the Criminal Code for the violation of procedures related to the organization of meetings and manifestations by the organizers of such actions, if the violation entails grave consequences caused by negligence. While noting the Government’s indication that no court decisions have been recorded under the above penal provision during the reporting period, the Committee again requests the Government to provide information on the application of section 347 in practice, as soon as such information becomes available, supplying copies of the court decisions defining or illustrating its scope.

Article 1(d). Penal sanctions involving compulsory labour for participating in strikes. The Committee previously noted that section 348 of the Criminal Code provides for sanctions of correctional work or limitation of freedom as a punishment for the violation of strike procedures by the organizers of strikes, if the violation entails grave consequences caused by negligence. The Committee duly notes the Government’s repeated indication that the above section is applicable to cases of abuse of the right to strike, if such abuse has caused “serious damage”, which means any situation in which human life and health, natural environment or property are damaged. The Government adds that this section “implicitly states” that it cannot be applied to a peaceful strike. It also reiterates that no court decisions have been recorded under this penal provision during the reporting period. The Committee observes, however, that the provision of section 348 is worded in terms broad enough to raise questions of its conformity with the Convention.

Referring to the explanations contained in paragraphs 313–315 of its 2012 General Survey on the fundamental Conventions concerning rights at work, the Committee reiterates its hope that measures will be taken with a view to amending section 348 of the Criminal Code, so as to ensure, both in legislation and in practice, that no penalties involving compulsory labour can be imposed for the mere fact of organizing or peacefully participating in strikes, in order to bring legislation into conformity with Article 1(d) of the Convention. Pending the adoption of such measures, the Committee again requests the Government to provide information on the application of section 348 in practice, as soon as such information becomes available, supplying copies of the relevant court decisions and indicating the penalties imposed.

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

Communication of texts. The Committee notes the Law on Public Service, 1997 (No. 45), communicated by the Government with its report. The Committee again requests the Government to supply, with its next report, a copy of any laws or regulations governing labour discipline in merchant shipping.

Article 1(a) of the Convention. Sanctions involving compulsory labour as a punishment for expressing political views. The Committee previously noted that, under section 226 of the Criminal Code, organization of group actions violating public order and participation in such actions is punishable with socially useful work or correctional work or deprivation of freedom for a term of up to three years (which involves compulsory prison labour). It has also noted that penal sanctions of correctional work or limitation of freedom may be imposed under section 347 of the Criminal Code for the violation of procedures related to the organization of meetings and manifestations by the organizers of such actions, if the violation entails grave consequences caused by negligence. While noting the Government’s indication in the report that no court decisions have been recorded under the above penal provisions during the reporting period, the Committee again requests the Government to provide information on the application of sections 226 and 347 in practice, as soon as such information becomes available, supplying sample copies of the court decisions defining or illustrating their scope, in order to enable the Committee to assess their conformity with the Convention.

Article 1(c). Penal sanctions applicable to public officials. The Committee notes the information on the application in practice of section 342(1) of the Criminal Code (“the non-performance or improper performance by public officials of their duties as a result of a negligent attitude”), including copies of the court decisions annexed to the Government’s report.

Article 1(d). Penal sanctions involving compulsory labour for participating in strikes. The Committee previously noted that section 348 of the Criminal Code provides for sanctions of correctional work or limitation of freedom as a punishment for the violation of strike procedures by the organizers of strikes, if the violation entails grave consequences caused by negligence. The Committee notes the Government’s indication in the report that the above section is applicable to cases of abuse of the right to strike, if such abuse has caused “serious damage”, which means the situation when human life or health are endangered. The Government also indicates that no court decisions have been recorded under this penal provision during the reporting period.

While duly noting these indications, the Committee hopes that measures will be taken with a view to amending section 348 of the Criminal Code, so as to ensure that no penalties involving compulsory labour can be imposed for having participated in peaceful strikes, in order to bring legislation into conformity with Article 1(d) of the Convention. Pending the adoption of such measures, the Committee requests the Government to provide information on the application of section 348 in practice, as soon as such information becomes available, supplying sample copies of the relevant court decisions and indicating the penalties imposed.

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

Article 1(a) of the Convention. Sanctions involving compulsory labour as a punishment for expressing political views. 1. Referring to its earlier comments, the Committee has noted the Government’s indication in its 2006 report that, in
2004–06, there were no legal proceedings related to the prohibition of political associations under the Law on Suspension and Prohibition of the Activities of Voluntary Associations, 1997.

2. The Committee has noted that, under section 226 of the Criminal Code, the organization of group actions violating public order and participation in such actions is punishable with socially useful work or correctional work or deprivation of freedom for a term of up to three years (which involves compulsory prison labour, in accordance with section 27(1)(c) of the Law on Imprisonment, of 22 July 1999). It has also noted that penal sanctions of correctional work or limitation of freedom may be imposed under section 347 of the Criminal Code for the violation of procedures related to the organization of meetings and manifestations by the organizers of such actions, if the violation entails grave consequences caused by negligence. The Committee requests the Government to provide information on the application of sections 226 and 347 in practice, supplying sample copies of the court decisions defining or illustrating their scope, in order to enable the Committee to assess their conformity with the Convention.

Article 1(c). Penal sanctions applicable to public officials. The Committee has noted that, under section 342(1) of the Criminal Code, the non-performance or improper performance by public officials of their duties as a result of a negligent attitude, which substantially violates legitimate rights and interests of persons or organizations, or the state interests, is punishable by arrest or by deprivation of freedom for a term of up to two years (which involves compulsory prison labour, as explained above). The Committee requests the Government to provide, in its next report, information on the court decisions passed under section 342(1) of the Criminal Code, which could define or illustrate its scope, including sample copies of such decisions, in order to enable the Committee to ascertain whether this provision is not used as a means of labour discipline within the meaning of the Convention.

Article 1(d). Penal sanctions involving compulsory labour for participating in strikes. The Committee has noted that section 348 of the Criminal Code provides for sanctions of correctional work or limitation of freedom as a punishment for the violation of strike procedures by the organizers of strikes, if the violation entails grave consequences caused by negligence. Referring to its comments made under Convention No. 87, likewise ratified by Georgia, the Committee requests the Government to provide, in its next report, information on measures taken or envisaged in order to amend section 348 of the Criminal Code, so as to ensure that no penalties involving compulsory labour can be imposed for having participated in strikes. Pending the adoption of such measures, the Committee requests the Government to provide information on the application of section 348 in practice, supplying sample copies of the relevant court decisions and indicating the penalties imposed.

Communication of texts. The Committee again requests the Government to supply, with its next report, a copy of the Public Service Act, as well as copies of any laws or regulations governing labour discipline in merchant shipping.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

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:

1. The Committee would be grateful if the Government would supply, with its next report, copies of the following legislation: the Criminal Code, 1999; the Law on Imprisonment, 1999; the Law concerning Meetings and Manifestations, 1997; the Law concerning the Political Unions of Citizens, 1997; the Public Service Act, as well as any laws or regulations governing labour discipline in merchant shipping.

2. The Committee has noted that article 26(3) of the Constitution of Georgia prohibits the creation and functioning of political associations aimed at overthrowing or changing the constitutional order by force, or violating the independence or territorial integrity of the country, or advocating war and violence, or attempting to induce ethnic, racial, social and religious conflicts. It has also noted that such associations shall be prohibited by a court decision, in accordance with section 4 of the Law on Suspension and Prohibition of the Activities of Voluntary Associations, 1997. The Committee requests the Government to provide information on the application of section 4 of this Law in practice, supplying copies of the court decisions defining or illustrating its scope and indicating what penal sanctions are applicable in case of dissolution of such associations.

3. The Committee has noted that, under section 18 of the Law on the Procedure of Settlement of Collective Labour Disputes, 1998, those who participate in strikes declared illegal in accordance with section 15 of the same Law, shall be held liable in accordance with legislation in force. The Committee requests the Government to clarify the scope of such liability, indicating, in particular, the sanctions applicable to participants in illegal strikes and supplying copies of relevant texts.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

1. 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, with its next report, copies of the following legislation: the Criminal Code, 1999; the Law on Imprisonment, 1999; the Law concerning Meetings and Manifestations, 1997; the Law concerning the Political Unions of Citizens, 1997; the Public Service Act, as well as any laws or regulations governing labour discipline in merchant shipping.

2. The Committee has noted that article 26(3) of the Constitution of Georgia prohibits the creation and functioning of political associations aimed at overthrowing or changing the constitutional order by force, or violating the independence or territorial integrity of the country, or advocating war and violence, or attempting to induce ethnic, racial, social and religious conflicts. It has also noted that such associations shall be prohibited by a court decision, in accordance with section 4 of the Law on Suspension and Prohibition of the Activities of Voluntary Associations, 1997. The Committee requests the Government to provide information on the application of section 4 of this Law in practice, supplying copies of the court decisions defining or illustrating its scope and indicating what penal sanctions are applicable in case of dissolution of such associations.

3. The Committee has noted that, under section 18 of the Law on the Procedure of Settlement of Collective Labour Disputes, 1998, those who participate in strikes declared illegal in accordance with section 15 of the same Law, shall be held liable in accordance with legislation in force. The Committee requests the Government to clarify the scope of such liability, indicating, in particular, the sanctions applicable to participants in illegal strikes and supplying copies of relevant texts.