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This report summarises individual observations and direct requests issued by the ILO Committee of Experts related to child labour conventions. To view the full reports, go to the ILOLEX database (http://www.ilo.org/ilolex/english/) and click on 'display all documents related to a specific country'. CEACR: Individual Observation concerning Minimum Age Convention, 1973 (No. 138) Georgia (ratification: 1996) Published: 2011 The Committee notes the Government's report and the comments of the Georgian Trade Unions Confederation (GTUC) dated 13 September 2010. Article 2(1) of the Convention and Part V of the report form. Minimum age for admission to employment and application of the Convention in practice. In its previous comments, the Committee had noted the comments made by the GTUC that according to UNICEF estimates, 30 per cent of children between the ages of 5- 15 years worked in Georgia and that there were reports of children between the ages of 7-12 years working on the streets of Tbilisi, in markets, carrying or loading wares, selling goods in underground carriages, railway stations, etc. Moreover, based on the information provided by the Trade Union of Agricultural Workers, the GTUC alleged that child labour is widespread in the agricultural sector at harvest time in several regions of Georgia. The Committee had noted the Government's statement that allegations by the GTUC were based on unverified sources and that UNICEF was planning to conduct a study on street children which would help to assess the actual situation of child labour in the country. The Committee, further noting the child labour estimates from the Multiple Indicator Cluster Survey (MICS), UNICEF 2005, indicating an important drop in the percentage of children involved in labour, from 30 per cent in 1999 to 18 per cent in 2005, had requested the Government to pursue its efforts to ensure that no child under the age of 15 years performed child labour in any sector of economic activity. It had also requested the Government to provide recent statistical information on the employment of children and young persons, in particular children working on the streets and in the agricultural sector. The Committee notes the Government's information that education is one of its priorities and that it has taken a number of steps to strengthen the educational system and the school attendance of children. In 2008, the expenditure on general education had doubled from that of 2004, and in 2009 this expenditure increased by 23.1 per cent and by 20.9 per cent in primary education. The major state programmes in the educational sector aimed at the renovation and rehabilitation of the education infrastructure. It notes the Government's indication that in 2009, under the "Public Schools Rehabilitation Programme", more than 300 public schools were renovated. The Committee further notes the Government's information that in order to make primary education accessible for children from the families living below the poverty line, the Government developed the "State Assistance Programme for the First Year Pupils from the Families below Poverty Line". Under this programme, in 2009-10, one- time assistance to cover the costs related to schooling was provided for children from poor families. The Committee notes that according to the UNICEF statistics on education, in Georgia, the gross primary school enrolment rate in 2008, was 100 per cent for males and 98 per cent for females. The Committee requests the Government to provide recent statistical information on the employment of children and young persons, in particular children working in the streets and in the agricultural sector. Scope of application. The Committee had previously noted the Government's indication that self-employment was not regulated by the legislation of Georgia. It had also noted section 4(2) of the Labour Code, which permits the employment of children below 16 years on the condition that such work is not against his/her interests, does not damage his/her moral, physical or mental development or limit their right and ability to obtain elementary, compulsory and basic education and upon the consent from his/her legal representative, tutor or guardian. The Committee had further noted the Government's reference to the data provided by the Department of Statistics of Georgia, that 95 per cent of employees in agriculture were engaged in small-scale farms and household cultivated lands, which did not use hired labour. The Committee reminded the Government that, by virtue of the minimum age specified by it, children under 15 years of age shall not be permitted to work, regardless of the type of work performed, and whether it is paid or not, with the exception of light work, which can only be carried out under the conditions laid down in Article 7 of the Convention. The Committee notes the comments made by the GTUC that the Labour Code applies only to hired labourers. As such children working on family farms, or in the agricultural sector are not afforded the protection guaranteed under the Convention. Furthermore, with the abolition of the labour inspectorate by the Labour Code of 2006, there exists no public authority to observe the implementation of labour legislation, including child labour provisions. The Committee notes that the Government refers to Article 5(3) of the Convention which provides for the possibility of limiting the scope of application of the Convention to certain branches of economic activity, "excluding family and small-scale holdings producing for local consumption and not regularly employing hired workers". The Government further states that children's work in the agricultural sector is not hired work and therefore their activities cannot be considered as incompatible with the Convention, as it is excluded under Article 5(3) of the Convention. The Committee reminds the Government that by virtue of Article 5(1) and (2) of the Convention, a Member whose economy and administrative facilities are insufficiently developed may, after consultation with the organizations of employers and workers concerned, initially limit the scope of application of this Convention, and each Member which avails of this provision shall specify in a declaration appended to its ratification, the branches of economic activity or type of undertakings to which it will apply the provisions of the Convention. The Committee observes that at the time of ratification, Georgia did not avail itself of this provision and therefore the provisions of the Convention apply to all branches of economic activity, including family undertakings and small-scale holdings, and cover all types of employment, whether hired or self-employed. The Committee therefore once again requests the Government to take the necessary measures to ensure that children working in the agricultural sector, whether paid or unpaid, as well as those working on their own account, are entitled to the protection afforded by the Convention. In this regard, it requests the Government to envisage the possibility of re-establishing the labour inspection services, including in the informal sector, in order to ensure the effective implementation of the provisions giving effect to the Convention. Article 7(1) and (3). Light work and determination of light work. The Committee had previously noted the comments by the GTUC that the hours of work of young workers are not limited. It had noted that as per section 14 of the Labour Code, if parties do not agree otherwise, a working week shall not exceed 41 hours, which is also applicable to young workers. The Committee had further noted section 18 of the Labour Code which prohibits night work (10 p.m. to 6 a.m.) by young persons and section 4(2) which lays down the conditions of employment of children between 14 and 16 years. Observing that the Labour Code does not contain provisions which prescribe the number of working hours during which young persons may work, the Committee had requested the Government to take the necessary measures to determine light work activities and to prescribe the number of hours during which light work may be undertaken by young persons of 14 years of age and above, in conformity with the Convention. The Committee notes the comments made by the GTUC that the regulation on the work of young persons under the Labour Code does not guarantee sufficient protection to minors in employment relations. The GTUC further added that it is important to restrict the working hours of young persons and to also include provisions for rest periods, breaks and holidays. The Committee, while once again noting the Government's reference to section 18 of the Labour Code, observes that this provision only prohibits night work, which makes it possible for young workers to work from 6 a.m. to 10 p.m. The Committee also observes that section 18, read with section 4(2) of the Labour Code which lays down the condition that work by children below 16 years of age shall not limit their right and ability to obtain elementary, compulsory and basic education, implies that children may work for about eight hours per day, excluding school hours and night work. In this context, the Committee draws the attention of the Government to Paragraph 13(1)(b) of the Minimum Age Recommendation, 1973 (No. 146), that in giving effect to Article 7(3) of the Convention, special attention should be given to the strict limitation of the hours spent at work in a day and in a week, and the prohibition of overtime, so as to allow enough time for education and training (including the time needed for homework related thereto) for rest during the day and for leisure activities. With regard to the determination of light work activities, the Committee notes the Government's reference to section 4(3) of the Labour Code that the employment contracts of persons under 14 years of age may be concluded only in the sphere of arts, sports, cultural or for advertisement activities. The Committee observes, however, that the Labour Code allows children between 14 and 16 years of age to perform light work under the conditions specified under section 4(2). In this context, the Committee urges the Government to take the necessary measures to determine light work activities permitted for children between 14 and 16 years of age and to prescribe the number of hours during which and the conditions in which light work may be undertaken by such persons. Article 8. Artistic performances. The Committee had previously noted information contained in the Government's report to the Committee on the Rights of the Child (CRC/C/41/Add.4, 1997, paragraph 13) that, under certain conditions, children under 15 years of age may be engaged in artistic activities, such as the circus or the cinema. It had also noted the Government's statement that the working conditions of young persons in all spheres, including artistic performances, are well protected under the Labour Code and therefore no separate method of issuance of permits for artistic performances has been set up. Noting the provisions under section 4(3) of the Labour Code which states that a labour contract can be concluded with a child below 14 years only for work related to sport, art, cultural and advertising activities, the Committee had requested the Government to indicate the measures taken or envisaged to ensure that approval for young persons below 15 years of age to take part in artistic activities is granted in individual cases, and that permits so granted shall prescribe the number and hours during which, and the conditions in which, such employment or work is allowed. While noting the Government's reference to section 18 of the Labour Code which prohibits the hiring of minors for night work (10 p.m. to 6 a.m.) and section 14 of the Labour Code which restricts the working hours to 41 hours per week, including for young workers, the Committee observes that these provisions do not limit the number of working hours or set maximum working hours or conditions for employment of young persons who participate in artistic performances. Recalling that Article 8 of the Convention allows exceptions to the specified minimum age of admission to employment or work for such purposes as artistic performances only by permits granted by the competent authority in individual cases and that such permits so granted shall limit the number of hours during which, and prescribe the conditions in which, such employment or work is allowed, the Committee once again requests the Government to take the necessary measures to ensure that children under 15 years of age who participate in artistic performances benefit from the protection laid down by this provision of the Convention. Article 9(1) and Part III of the report form. Penalties and labour inspection. In its previous comments, the Committee had noted the Government's statement that the labour inspectorate stands abolished according to the Labour Code of 2006 and had requested the Government to indicate the effective manner in which the provisions giving effect to the Convention are enforced. The Committee notes the comments made by the GTUC that with the abolition of the labour inspectorate, there exists no public authority to observe the implementation of labour legislation, including child labour provisions. The Committee notes the Government's indication that the police is responsible for the monitoring of infringements related to child labour. While noting that the Government's report contains information on the activities of the police with regard to crime prevention, child abuse and the protection of minors with unusual social behaviour, the Committee observes that these do not relate to infringements of the Labour Code related to child labour. The Committee observes with concern that there exists no public authority to monitor the implementation of the child labour related provisions in the country. In this regard, the Committee recalls that, by virtue of Article 9(1) of the Convention, all necessary measures shall be taken by the competent authority, including the provision of appropriate penalties, to ensure the effective enforcement of the provisions of the Convention. The Committee therefore urges the Government to take the necessary measures to ensure the effective monitoring and implementation of the provisions giving effect to the Convention. It also requests the Government to provide information on the types of violations detected by the competent authority with regard to child labour, the number of persons prosecuted and the penalties imposed. The Committee is raising other points in a request addressed directly to the Government.