Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Georgia (Ratification: 1993)

Other comments on C111

Observation

Direct Request

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Article 1 of the Convention. Prohibition of discrimination. The Committee recalls that the Labour Code which prohibits any kind of discrimination based on a number of grounds in employment relations (section 2(3)) does not explicitly cover discrimination at the recruitment or selection stage nor does it define discrimination. The Committee understands that the process of revision of the Labour Code is ongoing. The Committee asks the Government to consider taking the opportunity of the process of reviewing and revising the Labour Code to clarify the existing non-discrimination provisions by including a specific definition and prohibition of direct and indirect discrimination at all stages of employment and occupation, including the recruitment and selection stages, and to provide information on the progress made in this regard.

Sexual harassment. With respect to sexual harassment, the Committee notes that the Law on Gender Equality of 2010 prohibits “any type of unwanted verbal, nonverbal or physical act of a sexual nature that is aimed at or induces impairment of a person’s dignity or creates humiliating, hostile or abusive conditions for him/her” (section 6(1)(b)). The Committee asks the Government to provide information on how, and by which authority, section 6(1)(b) of the Law on Gender Equality is enforced, including information on sanctions and remedies provided. Please also provide information on any cases of sexual harassment dealt with by the courts or any other competent authorities.

Articles 1 and 2. Equality of opportunity and treatment of ethnic minorities. In previous comments, the Committee had noted the low representation of ethnic minorities in state institutions and the public administration, as well as their lack of sufficient knowledge of the Georgian language, which adversely affected their ability to enter the labour market. The Committee notes the information provided by the Government on the measures taken to improve ethnic minorities’ knowledge of the Georgian language and on the scholarship programmes for Armenian and Azerbaijani students. While encouraging the Government to continue its efforts to improve access of ethnic minorities to education and their knowledge of the Georgian language, the Committee asks the Government to provide information on the impact of such measures on the employment of members of different ethnic minorities, including statistical information on their representation both in the public and the private sectors. The Committee also asks the Government to provide information on any steps taken to formulate and implement an equality policy, in cooperation with workers’ and employers’ organizations, to ensure equal opportunities and treatment of ethnic minorities and combat ethnic discrimination in employment and occupation. Please provide information on any cases of ethnic or racial discrimination in the field of employment reported to the public defender or dealt with by the courts.

Equality of opportunity and treatment of men and women. The Committee notes the Government’s indication that education and public awareness are priority objectives of the Action Plan on Gender Equality (2011–13), in order to address gender stereotypes. The Committee welcomes the detailed information on training activities conducted on gender equality. It notes that training on gender equality was provided to 575 teachers in 2011, and that media campaigns as well as seminars and conferences have been regularly organized. The Committee also notes the Government’s indication that the Ministry of Labour, Health and Social Affairs (MoLHSA) was actively involved in a seminar organized, inter alia, by the Gender Equality Council on “Gender Aspects of the Labour Law”. The Committee asks the Government to take steps to promote gender equality specifically in the field of employment and occupation, including addressing stereotypes regarding women’s professional aspirations, preferences and capabilities. Given the low economic activity and employment rates of women (respectively 57.4 per cent and 49.5 per cent in 2012, in comparison to 78.2 per cent and 65.6 per cent for men), the Committee asks the Government to take measures to address the legal and practical barriers to women’s access to the broadest possible range of sectors and industries, as well as at all levels of responsibility. Please continue to provide information on the implementation of the Action Plan on Gender Equality and the results thereof, as well as on activities of the Gender Equality Council in the field of employment, including information on the recommendations resulting from the seminar on “Gender Aspects of the Labour Law”.

Article 5. Protective measures. The Committee notes that further to the creation of the Labour and Employment Policy Department within the MoLHSA, the review of Decree No. 147 of 3 May 2007 which contains an extensive list of “hard, hazardous and dangerous jobs” for which pregnant or nursing women cannot be recruited (section 4(5) of the Labour Code) is envisaged. The Committee wishes to emphasize that maternity protection should be provided to enable women to fulfil their maternal role without being marginalized in the labour market. The Committee understands that certain jobs cannot be undertaken by pregnant or nursing women. However, protective measures applicable to women’s employment which are based on stereotypes regarding women’s professional abilities and role in society, violate the principle of equality of opportunity and treatment between men and women. Restrictions on the work that women are permitted to do should not extend to the recruitment and selection phase, and should only cover maternity protection. The Committee also recalls that provisions relating to the protection of persons working under hazardous or difficult conditions should be aimed at protecting the health and safety of both men and women at work, while taking account of gender differences with regard to specific risks to their health. The Committee asks the Government to ensure, when reviewing the extensive list of jobs under Decree No. 147 of 2007, that the limitations on the work that can be undertaken by pregnant or nursing women do not go beyond what is needed to protect maternity in the strict sense, and are not based on stereotyped perceptions regarding the capacity and the role of women in society. The Committee also asks the Government to ensure that in practice such provisions do not limit the access of women to employment in general. Please provide information on any developments in this regard.

Enforcement. The Committee notes that the Office of the Public Defender monitors the observance of the principle of non-discrimination in general, on the basis of complaints or ex officio. However, with respect to employment and occupation, the Committee notes with concern the Government’s indication that further to the abolition of the Labour Inspection Service in 2006, there is no longer a labour supervisory body. The Committee also understands from the Government’s report that the labour supervisory body to be established will be responsible for enforcing only occupational safety and health provisions. The Committee asks the Government to provide information on the manner in which it ensures effective enforcement of the anti-discrimination legislation in employment and occupation, and to indicate whether the future labour supervisory body will be entrusted with ensuring the application of such legislation. Please provide information on any discrimination cases concerning specifically employment and occupation examined by the Office of the Public Defender and the courts, including sanctions imposed and remedies provided.

Statistics. The Committee asks the Government to provide statistics on situation of men and women in employment, by sector of the economy, as well as statistics, disaggregated by sex, on the situation of members of different ethnic minorities in employment in the public and the private sectors.