Solicitud directa (CEACR) - Adopción: 2023, Publicación: 112ª reunión CIT (2024)

Convenio sobre la discriminación (empleo y ocupación), 1958 (núm. 111) - Georgia (Ratificación : 1993)

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Article 1(2) of the Convention. Inherent requirements of the job. The Committee takes notes of the Government indication that section 4.9 of the Law on the Elimination of All Forms of Discrimination was not applied by the Courts and the Office of the Public Defender during the period under review. The Committee once again asks the Government: (i) to clarify the practical application and objective of section 4(9) of the Law on the Elimination of All Forms of Discrimination which provides that differential treatment and creation of different conditions and/or situations shall be permissible if there is “an overwhelming state interest and the necessity of state intervention in a democratic society; and (ii) to provide information on any cases brought before the Office of the Public Defender or the courts regarding the application of this provision.

Indirect discrimination. Objective circumstances. The Committee notes the Government statement that the Labour Inspectorate did not review any case of discrimination in respect of sections 6(12)(e) and 37(1)(n) of the Labour Code (now sections 12(3)(f) and 47(1)(n)) of the Labour Code), which according to the Georgian Trade Union Confederation (TUC) allow the conclusion of short-term contracts where there are “objective circumstances”, and is used in practice as a mean to discriminate on the basis of sex, trade union activities and political views. The Committeeasks the Government to provide information on cases where sections 12(3)(f) and 47(1)(n)) of the Labour Code have been successfully applied by employers.

Article 2. Equality of opportunity and treatment of ethnic minorities. The Government states that, one of the key instruments to achieve equality of opportunity and treatment for ethnic minorities is the State Strategy for Civic Equality and Integration 2021–30 (and its Action Plan) which aims to create equal opportunities for all citizens, regardless of their ethnicity, for full participation in all spheres of public life. The main inter-related priorities of the Strategy are: (1) State language for integration, (2) access to quality education, (3) equality, civic and political participation, (4) social and economic integration, and (5) intercultural dialogue - with a special focus on further empowerment of women and youth. The Committee notes the Government indication that language barrier is one of the main factors hindering access to education and social integration of ethnic minorities, hence the reason why it is implementing a very active policy on teaching state language as a mean to facilitate socialization, integration and competitiveness of non-Georgian speaking persons, including ethnic minorities. Nevertheless, ethnic minorities in Georgia have access in their native languages to all stages of education (preschool, general education, vocational, and higher. The Government also indicates that, in 2022, it has launched a Civil Servants Integration Program, intended for representatives of national minorities employed in the public sector, to raise their general and technical competences and strengthen cooperation with Georgian-speaking colleagues, which ensures their integration into the public space. The Committee welcomes the statistical information provided by the Government regarding participation in integration and vocational training programs but notes that no data is provided on the situation of members of the different ethnic minorities in employment in the public and private sectors. It notes the Government’s indication that disaggregated data collection is possible for statistics purposes through the national population census with voluntary self-identification of a person’s ethnic origin and his/her consent and that it cannot be ensured that the data obtained is complete, accurate or reliable. The Committee also notes the Government’s indication that the Labour Inspectorate has not considered cases related to discrimination based on ethnic and/or racial grounds, and that the Office of the Public Defender discussed seven cases related to ethnic/national and/or racial discrimination during 2019-2022. The Committee notes that none of the cases resulted in a finding of discrimination based on race or ethnicity (in that regard, see the 2012 General Survey on Fundamental Conventions, paragraphs 870 and 871). The Committee requests the Government to increase awareness of the relevant legislation, and enhance the capacity of the competent authorities, including judges, labour inspectors and other public officials, to identify and address cases of ethnic and racial discrimination. It further requests the Government to continue to provide information on any cases of ethnic or racial discrimination in the field of employment and occupation reported to the Labour Inspection Service, Office of the Public Defender or dealt with by the courts. If available, please provide statistical data on the situation of members of the different ethnic minorities in employment in the public and private sectors from the population census.

Article 3(e). Access to vocational education and training. The Committee notes the information provided by the Government regarding measures taken to promote equal opportunities for vulnerable groups in society, such as persons with disabilities or with special education needs, who are provided with special services such as Sign-language interpretation, assistants, specialists of inclusive education, transportation, adapted learning materials and guides, vouchers credited to the institution and used for such services, introduction in educational institutions of a coefficient in enrollment ranking for socially vulnerable people to create equal opportunities, a quota for persons with special educational needs under the vocational programs, and so on. The Committee asks the Government to provide information on the results of these measures on the situation of members of these vulnerable groups in the labour market.

Article 5. Special measures of protection. The Committee notes from the Government’s indication that the list of harmful works outlined in Order N01-20/N of 2020 was determined through consultations with social partners and was developed based on EEC Directive 92/85 of 19 October 1992 (on the introduction of measures to promote the safety and health at work of pregnant women and women who have recently given birth or are breastfeeding) taking into account the agents, processes and working conditions defined by Annexes I and II of the same directive. The Committee asks the Government to provide information on the application in practice of Order N01-20/N of 2020.

Enforcement and awareness-raising. The Committee notes that the 2020 amendments to the Labour Code created a legal entity under public law to ensure State supervision over labour legislation, and that a new “Law of Georgia on the Labour Inspection Service” defines the Labour Inspection Service’s basic principles, authority and power of inspection, rights and obligations, and ensures effective implementation of labour norms. It notes that the mandate applies to all labour rights determined by the Labour Code, the Law on Public Service, agreements reached through labour mediation, and Occupational Safety and Health norms as determined by the Law on Occupational Safety. The Committee notes that the Labour Inspection Service has been active as of 1 January 2021 and that under the Law on the Labour Inspection Service, administrative penalties can be used for violating labour provisions including a warning, fine, or suspension of the work process (Article 20). The Committee further notes that Labour code (Article 78) establishes sanctions (warnings or a fine) for violating the principle of prohibition of discrimination. It notes that during 2019–22, 13 trainings were conducted for labour inspectors on issues directly related to discrimination. The Committee notes that in 2022, the Labour Inspection Service produced guidelines for the prevention of discrimination during vacancy announcements, for private and public institutions, available in Georgian, English, Armenian and Azerbaijani. From the detailed information provided by the Government regarding cases of alleged discrimination dealt with by the Labour Inspection Service and the Office of the Public Defender, the Committee observes that the complaints were not pursued, inter alia, for lack of authority of the Labour Inspection Service or the Office of the Public Defender, as they can only make recommendations and impose administrative fine. In that regard, it recalls the Georgian Trade Union Confederation observation that workers, despite the costs incurred, tend to prefer to go directly to courts. The Committee asks the Government to examine whether the applicable substantive and procedural provisions allow claims of discrimination to be brought successfully in practice, and to keep it informed of any development in this regard. In the meantime, it asks the Government to continue to provide information on any relevant cases addressing discrimination concerning employment and occupation examined by the competent authorities. including the sanctions imposed and remedies provided.

Burden of proof in discrimination cases. The Committee notes that the new section 7 of the Labour Code, as amended in 2020 provides that in the event of a dispute alleging discrimination on a prohibited ground, which give rise to a reasonable belief that the employer has violated the prohibition against discrimination, the burden of proof shall rest with the employer. The Committee asks the Government to provide information on any case where the burden of proof has shifted from the employee to the employer, including its outcome.