Demande directe (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

The Committee has noted the information provided by the Government in reply to its earlier comments. It has also noted a communication dated 30 August 2006, received from the Georgian Trade Union Confederation (GTUC), which contains observations concerning the application of the Convention by Georgia, as well as the Government’s reply to these observations. The Committee also notes a new communication from the GTUC, dated 27 August 2008, and the Government’s response received on 7 November 2008.

Articles 1(1) and 2(1) of the Convention. Freedom of career members of the armed forces to leave their service. In its previous direct request, the Committee asked the Government to indicate the provisions applicable to professional military officers and other career servicemen as regards their right to leave the service, in time of peace, at their own request, either at fixed intervals or by means of notice of reasonable length. The Committee has noted from the Government’s 2006 report that, under section 21 of the Law on Status of Servicemen, of 25 June 1998, and Presidential Decree No. 609 on Statute of Military Service, of 26 October 1998, professional military servicemen serving on a contract basis and regular military servicemen may resign by filing an application, if they have good reasons (e.g. a difficult family situation, changing permanent residence or transfer to governmental bodies), or by mutual agreement of the parties. The Committee requests the Government to describe, in its next report, the resignation procedure, indicating in particular whether the application to resign may be refused, and to provide copies of section 21 of the Law on Status of Servicemen and Presidential Decree No. 609 referred to above.

Article 2(2)(a). Use of conscripts for non-military purposes. The Committee has noted the Government’s statement in its report that the legislation in force does not contain provisions prohibiting the use of military personnel for non-military purposes. Recalling that under Article 2(2)(a), compulsory military service may be exempted from the scope of the Convention only if used for purely military ends, the Committee requests the Government to provide information on measures taken or envisaged to ensure that services exacted for military purposes are used for purely military ends, in order to give effect to this Article of the Convention.

Article 2(2)(c). Prison labour. The Committee has noted the Government’s indications in its 2006 report concerning prison labour, as well as the provisions of the Law on Imprisonment, of 22 July 1999, supplied by the Government with its report. The Committee notes in particular that, as a rule, convicted prisoners are assigned labour tasks within the territory of a penitentiary institution (section 53(2) of the Law on Imprisonment), but in exceptional circumstances (natural calamities, technological breakdowns or industrial accidents), as well as for the betterment of the territory and buildings of the penitentiary institution, they may work outside the institution, with their consent (section 54(4) of the Law on Imprisonment). Conditions of work of convicted prisoners, as well as their wages (subject to certain deductions), are governed by the labour legislation (sections 55 and 56 of the Law on Imprisonment). Noting the Government’s statement in the report that the legislation in force does not contain express prohibition for prisoners to be hired to or placed at the disposal of private individuals, companies or associations, the Committee requests the Government to indicate in its next report whether, in practice, prisoners may work for private enterprises. Please also communicate a copy of the Code of Administrative Offences, which the Government indicated as enclosed with the report, but which has not been received by the ILO.

Articles 1(1), 2(1) and 25. 1. Trafficking in persons. The Committee has noted with interest comprehensive information provided by the Government concerning measures taken to prevent, suppress and punish trafficking in persons for the purpose of exploitation. It has noted, in particular, the adoption of the Law on Combating Trafficking in Human Beings, of 28 April 2006, the amendment of the Criminal Code provisions concerning trafficking (insertion of the new sections 143¹ (trafficking in persons) and 143² (trafficking in minors)), as well as the adoption of the Government’s two year National Action Plan on the Fight against Human Trafficking for 2007–08. The Committee has also noted statistical information concerning the offences of human trafficking, as well as other information on the law enforcement provided in the report. Referring also to its comments addressed to the Government under the Worst Forms of Child Labour Convention, 1999 (No. 182), likewise ratified by Georgia, the Committee would appreciate it if the Government would continue to provide information on the application in practice of section 143¹ of the Criminal Code, supplying sample copies of the relevant court decisions and indicating the penalties imposed on perpetrators.

2. Penal sanctions for the illegal exaction of forced or compulsory labour. The Committee previously requested the Government to indicate provisions under which the illegal exaction of forced or compulsory labour is punishable as a penal offence, as required by Article 25 of the Convention. It has noted the observations made by the Georgian Trade Union Confederation in a communication referred to above, according to which Georgian legislation contains general provisions concerning the protection of fundamental rights and freedoms at work, but there is no provision expressly prohibiting the exaction of forced labour. In its reply, the Government refers in this connection to sections 143¹ and 143² of the Criminal Code concerning trafficking in persons. While noting these indications, the Committee hopes that the Government will provide, in its next report, information on measures taken or envisaged to ensure that adequate penal sanctions are applied in all cases of the illegal exaction of forced or compulsory labour, including also cases which are not connected with the crime of trafficking in persons, as defined in sections 143¹ and 143² referred to above, in order to give full effect to Article 25 of the Convention.