Demande directe (CEACR) - adoptée 2005, publiée 95ème session CIT (2006)

1. Discrimination in employment and occupation on grounds other than sex. The Committee notes from the concluding observations of the Committee on the Elimination of Racial Discrimination (CERD/C/GEO/CO/3, 1 November 2005) that the representation of the different ethnic communities of the population in state institutions and in the public administration is disproportionately low. It also notes from the same conclusions the lack of sufficient knowledge of the Georgian language by minority groups and an absence of measures to remedy this situation or to increase the use of ethnic minority languages in the public administration. In this context, and in the absence of any further details regarding this issue in the Government’s report, the Committee hopes the Government will provide information on the manner in which equality of opportunity and treatment in employment and occupation is promoted on the grounds of the Convention other than sex (race, colour, religion, political opinion, national extraction and social origin). Please also provide detailed information on the implementation and outcomes of the plan of action to strengthen protection of the rights and freedoms of various population groups of Georgia for 2003-05, along with statistics showing the number, occupation and rank of ethnic minorities working in the public and private sector.

2. Sexual harassment. Noting that the Government has not supplied any information related to its 2002 general observation on sexual harassment, the Committee hopes that the Government will include information on this matter along with its next report.

3. Article 3(e). Vocational training. The Committee notes from the Government’s report that there is a developed network of vocational training in Georgia that is equally accessible to nationals and non-nationals alike and which includes 78 primary, 141 intermediate and 180 advanced professional training institutions. The Committee asks the Government to provide statistics, disaggregated by sex, on the number of students enrolled in these various training programmes, as well as the placement rates of students in the labour market upon completion of their studies. Please also provide information on the policies of the National Employment Service aimed at encouraging equal opportunity in access to vocational training and how equality is promoted in practice in these institutions.

4. Legislative protection from discrimination in employment and occupation. The Committee recalls from previous comment that the Employment Act only protects the unemployed from discrimination (section 5(d)) and that the Labour Code only protects against discrimination with respect to conditions of work (section 17(2)), the Committee requests the Government to provide information on: (1) whether the Employment Act and the Labour Code apply in both the public and the private sector; (2) whether it is considering amending these statutes to explicitly define and prohibit direct and indirect discrimination in all aspects of employment in accordance with Article 1 of the Convention; and (3) to provide information on how protection against discrimination is ensured in practice with respect to access to employment and occupation and vocational training, including with respect to non-citizens and stateless persons.

5. Discrimination on the basis of sex. The Committee noted in earlier comments the creation of a State Commission on the Elaboration of the State Policy for Women in Development Issues, a National Action Plan for the Advancement of Women and a national employment programme that included measures related to female employment. However, it noted that neither the Action Plan nor the employment programme had been implemented due to unfavourable social and economic conditions in the country. The Committee hopes that the Government will be in a position to provide information in its next report on the implementation of these initiatives and on the manner in which they promote equality of opportunity and treatment between men and women in employment and occupation. Please also provide information on the measures taken to combat discrimination in the public sector on the basis of sex.

6. Article 4. Measures affecting individuals suspected of activities prejudicial to state security. Please provide full 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 affected by this provision. Further, the Committee asks that the Government supply information on all measures taken or contemplated to ensure that certain persons are not subjected to discrimination in their employment and occupation on the basis of political opinion.

7. Article 3(a). Cooperation with workers’ and employers’ organizations. With respect to the work of the Standing Tripartite Commission for the Regulation of Labour and Socio-economic Relations, the Committee requests that the Government provide information on the activities or measures carried out by this body or any other body to promote the application of a national policy of non-discrimination in all fields of public and private employment.

8. Article 5. Protective measures. The Committee previously noted the protective measures under sections 156 and 157 of the Labour Code forbidding the employment of women, with some exceptions, in hard and hazardous occupations, underground work as well as night work. The Committee asks the Government to provide information on the prohibited industries, sectors, jobs and occupations anticipated by these provisions and the criteria used in their determination. Recalling its previous comment, 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 in order to assess whether such restrictions on women’s employment are still necessary in view of the principle of equality, improvements in conditions of work and changing attitudes.

9. Parts III to V of the report form. The Committee requests the Government to provide information on the activities of the labour inspectorate and other bodies that are specifically entrusted with the supervision of the principle of equality of opportunity and treatment in employment and occupation. Please also include any other information that may enable the Committee to gain a general appreciation of the application of the Convention.