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