CMNT_TITLE

The Committee notes the information provided by the Government in its first report.

1. The Committee notes that section 1 of the Employment Act establishes that "the state policy in the field of employment shall be based on the following principles: (a) the ensuring of equal opportunities for all citizens of the Republic of Georgia regardless of the race, nationality, sex, attitude to religion, political convictions and the property status in realizing the right to labour […]"; section 17(2) of the Labour Code provides that "upon employment any direct or indirect restriction of human rights or granting any priority on account of race, colour of skin, language, sex, religion, political or other views, national, ethnic and social belonging, origin, property and legal status and residence is prohibited"; and section 5(d) of the Employment Act requires the State to guarantee to an unemployed person "protection from any form of discrimination in access to any profession and work, professional training, employment and selection of labour conditions", and, under paragraph (a) of the same section, "the right to make use of free professional training, retraining as well as professional advice". The Committee would be grateful if the Government would indicate whether the Labour Code and the Employment Act apply to both the public and private sectors. Noting that the Labour Code protects against discrimination only in conditions of work and that the Employment Act protects only the unemployed, please indicate the manner in which discrimination is prohibited in access to employment and occupation and to vocational training.

2. The Committee also notes that neither the Labour Code nor the Employment Act contains a definition of what constitutes discrimination. The Committee hopes that the Government in future will consider amending these laws to contain a definition of discrimination that prohibits direct and indirect discrimination in accordance with Article 1 of the Convention. Please also provide information on the manner in which non-citizens or stateless persons are protected against discrimination.

3. The Committee notes the concerns of the Committee on the Elimination of All Forms of Discrimination Against Women (CEDAW) (A/54/38 of 1 July 1999, paragraphs 70-116) and the Committee on Economic, Social and Cultural Rights (E/C.12/1/Add.42 of 17 May 2000) over the number of women living in poverty, the increasing representation of women among the unemployed, the clustering of women in certain sectors of the labour market, the persistence of sex-role stereotypes in the labour market and the under-representation of women in the labour force, especially in the public service and in Parliament. The Committee notes that in February 1998 a State Commission on the Elaboration of the State Policy for Women in Development Issues was created with the purpose of "achieving gender equality in society" and of monitoring the implementation of the National Action Plan for the Advancement of Women 1998-2000, but by May 2000 the Action Plan had not been implemented. The Committee also notes that the Government had elaborated a national employment programme, which incorporated actions relating to female employment, but which, according to the Government, has not been implemented due to the unfavourable social and economic conditions in the country.

4. The Committee requests the Government to provide information on: (a) the current status of the National Action Plan for the Advancement of Women 1998-2000, including whether it has been implemented, and, if so, what results have been obtained in regard to employment and occupation; (b) the actions proposed in the national employment programme relating to the improvement of the situation of women in the labour market; and (c) the measures taken to combat direct and indirect discrimination and promote equal opportunity and treatment in the public sector.

5. Please provide information on the manner in which equality of opportunity and treatment in employment and occupation is promoted on grounds other than sex contained in the Convention (race, national extraction, colour, religion, social origin and political opinion).

6. The Committee notes the Government’s statement that the system of vocational training and guidance is completely paralysed at present owing to the budgetary and financial crisis in the country. The Committee hopes the Government will be in a position to provide information on the development of the vocational training and guidance systems in its next report, and on how equality is promoted in practice in these institutions.

7. Please provide information on the activities or measures that the Standing Tripartite Commission for the Regulation of Labour and Socio-economic Relations is carrying out in order to promote the acceptance and observance of the principle of the Convention. Please indicate also whether there are any other advisory committees composed of representatives of employers’ and workers’ organizations, and other interested bodies, established for the purpose of promoting the application of a national policy of non-discrimination in all fields of public and private employment.

8. The Committee notes that section 156 of the Labour Code prohibits employers from hiring women for hard and hazardous occupations as well as underground work, with some exceptions. It also provides for procedures to establish these occupations and to determine the limits of weight that may be displaced by women. The Committee requests the Government to indicate the prohibited industries, sectors, jobs and occupations referred to in this provision and the criteria used to determine these. The Committee also notes that section 157 of the Labour Code prohibits the use of female labour in night work except for those fields of the national economy where it is caused by extraordinary need and allowed as a temporary event. The Committee invites the Government to consider the possibility of reviewing these provisions, in consultation with the social partners and in particular with women workers, to decide if it is still necessary to prohibit access of women to certain occupations, in view of the current technology, working conditions and mental attitudes. In undertaking this assessment, it also draws the Government’s attention to the provisions in this respect contained in: (a) the Protocol, 1990, to the Night Work (Women) Convention (Revised), 1948 (No. 89); (b) the Night Work Convention, 1990 (No. 171), and the Safety and Health in Mines Convention, 1995 (No. 176); and (c) the 1985 ILO resolution on equal opportunities and equal treatment for men and women in employment.

9. The Committee requests the Government to provide information on the activities of the labour inspectorate or other bodies that are specifically entrusted with the supervision of the principle of equality of opportunity and treatment in employment and occupation, including the number of inspections conducted, the number of violations detected, and the action taken.

10. The Committee requests the Government to provide information on the manner in which Article 4 of the Convention is applied in practice and on the specific procedures establishing the right of appeal available to persons suspected of engaging in activities prejudicial to the security of the State.

11. Please include in the next report a copy of the Employment Act of 28 September 2001.