GEORGIA: Persistent violations of children's rights

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Summary: The violations highlighted are those issues raised with the State by more than one international mechanism. This is done with the intention of identifying children's rights which have been repeatedly violated, as well as gaps in the issues covered by NGOs in their alternative reports to the various human rights monitoring bodies. These violations are listed in no particular order.

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Trafficking of children

UN Committee on the Rights of the Child (Concluding Observations, June 2008)

While welcoming the various measures taken to address the problem of trafficking in persons, including the adoption of a new anti-trafficking law in April 2006, the National Action Plan regarding the Fight against Trafficking in Persons in Georgia (2007-2008) and the establishment of an inter-agency Anti-trafficking Council, the Committee remains concerned that insufficient legal guarantees exist to ensure that child victims of trafficking are not penalised, and that insufficient attention has been paid to the particular vulnerabilities of orphans, children working and living in the street and internally displaced children to trafficking and other forms of exploitation.

The Committee recommends the State party to continue and strengthen its efforts to prevent and combat child trafficking. In this regard, the Committee encourages the State party to:

a) Improve the system of monitoring and evaluation of policies, programmes and projects, with particular attention to vulnerable groups of children;

b) Ensure that all trafficking cases are investigated and that perpetrators are charged and punished;

c) Ensure that child victims of trafficking are protected and not criminalised and that they are provided with adequate recovery and social reintegration services and programmes;

d) Seek to establish further bilateral agreements and subregional multilateral agreements with countries concerned, including neighbouring countries, to prevent the sale, trafficking and abduction of children; and

e) Continue its cooperation with, inter alia, UNICEF and IOM. (Paragraphs 68 and 69)

UN Committee on the Elimination of Discrimination against Women
Last reported: 29 October 2013
Concluding Observations issued: 24 July 2014

While noting the establishment of mobile trafficking inspection groups in 2013, the Committee remains concerned at the:
    (a)    Decreasing number of prosecutions and punishment of traffickers in recent years;
    (b)    Lack of effective mechanisms to identify women and girls who are victims of trafficking, especially among foreign women in prostitution, and of information on witness protection programmes for them;
    (c)    Lack of support and rehabilitation programmes for victims of trafficking, including in partnership with civil society;
    (d)    Impunity enjoyed by many traffickers owing to corruption and the requalification of the crime of trafficking under other provisions of the Criminal Code, such as the crime of forced prostitution, with less severe sanctions.
                  
The Committee recommends that the State party:
    (a)    Ensure that all reports of trafficking in women and girls are promptly and effectively investigated and perpetrators prosecuted and adequately punished;
    (b)    Establish effective permanent mechanisms to identify victims of trafficking, especially among foreign women in prostitution, and allocate sufficient resources to rehabilitation and reintegration programmes for such victims, in addition to ensuring that victims have access to witness protection programmes;
    (c)    Provide financial and other forms of support to civil society organizations working with women who are victims of trafficking in order to facilitate their rehabilitation and reintegration;
    (d)    Combat impunity of perpetrators by investigating reported cases of corruption and ensuring that perpetrators of trafficking-related crimes are punished under the articles of the Criminal Code that match the seriousness of the offence of trafficking;
    (e)    Ensure that, during raids of brothels and individual establishments, victims of trafficking and forced prostitution are not treated as offenders. (Paragraphs 22 and 23)

Concluding Observations issued: 25 August 2006

While noting the legislative and other measures taken to combat human trafficking, including the Law on Combating Human Trafficking and the National Action Plan against Human Trafficking, the Committee remains concerned about the persistence of trafficking in women and girls in Georgia.

The Committee calls upon the State party to ensure that legislation on trafficking is fully enforced and that the national action plan and other measures to combat human trafficking are fully implemented. The Committee urges the State party to consider ratifying the United Nations Convention against Transnational Organised Crime and the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organised Crime, which it signed in 2000. The Committee urges the State party to collect and analyse data from the police and international sources, prosecute and punish traffickers, and ensure the protection of the human rights of trafficked women and girls. It also recommends that the State party address the root cause of trafficking by increasing its efforts to improve the economic situation of women, thereby eliminating their vulnerability to exploitation and traffickers, and take measures for the rehabilitation and social integration of women and girls who are victims of trafficking. (Paragraphs 21 and 22)

International Labour Organisation
CEACR: Direct Request concerning Worst Forms of Child Labour Convention, 1999 (No.182)
Published 2013

Article 5 and Part V of the report form. Monitoring mechanisms and application of the Convention in practice.
1. Police, district inspectors and public prosecutors. The Committee previously noted the Government’s information that the protection of minors from participating in the worst forms of child labour was one of the priorities of the Ministry of Internal Affairs (MIA) and that activities to this end were being implemented by the police and district inspectors.
The Committee notes the Government’s information that the provision of training to the respective professionals on matters relating to trafficking in persons is constantly high on the agenda of the Georgian authorities. In December 2011, 29 participants representing the Special Operations Department, Patrol Police Department, police academy and the Office of the Chief Prosecutor attended a training programme by the International Office for Migration (IOM) which demonstrated three separate modules on trafficking in persons, such as monitoring of the sex industry, investigation of child trafficking cases, and investigation of labour trafficking cases. In 2009–11, the Government of Georgia conducted several training courses for judges, prosecutors and police throughout Georgia with a specific focus on the laws dealing with trafficking in persons, mechanisms for the proactive identification of trafficking victims with special emphasis on child victims and special methods of investigation.

The Committee notes the Government’s information that it has introduced a new mandatory referral mechanism aimed at identifying and reporting cases of violence against children, including cases of trafficking in children. It also notes that according to the statistical data provided by the Government in 2009, 33 trafficking cases were initiated of which 40 persons were prosecuted, 37 convictions were made and 48 victims were identified out of which two were minors. In 2010, 11 trafficking cases were initiated, five persons were prosecuted, one conviction was made and 19 victims were identified out of which two were minors. In 2011, 16 trafficking cases were initiated, four persons were prosecuted, five convictions were made, and 18 victims were identified. The Committee also notes the Government’s statement that all convicted trafficking offenders were given adequate prison sentences.

Article 6. Programmes of action to eliminate the worst forms of child labour. National Action Plan on the Fight against Trafficking in Persons.

The Committee previously noted that the Government had adopted a National Action Plan on the Fight against Trafficking (NAP) 2009–10 which envisaged various important measures for the fight against trafficking in minors and which focused on principles of prevention of trafficking in persons, protection of the victims of trafficking and prosecution of the offenders. Following its previous comments, the Committee notes the detailed information provided by the Government with regard to the measures taken in order to achieve the objectives outlined in the NAP 2009–10 as well as in the new Action Plan 2011–12 which are as follows:

  • The Coordination Council together with the Georgian Public Broadcaster produced a short video clip describing the threat and nature of trafficking in persons, as well     as a number of programmes and news reports on trafficking and the need for prevention were produced.    
  • The Ministry of Education and Science with the participation of school pupils produced a short clip named “Don’t trade freedom for slavery” which is regularly being aired on Georgian TV channels.    
  • An educational film on trafficking was introduced in the school curriculum.
  • IOM and the State Fund for Protection and Support of Victims of Trafficking produced a TV ad on prevention and the fight against trafficking.
  • The nationwide TV station First Channel organizes in its weekly programme discussions on all aspects of trafficking, the need for prevention and the means and ways to fight against it.    
  • Printed informational pamphlets on how to fight trafficking in persons and other issues related to trafficking in persons were distributed in the offices of the     Civil Registry of the Ministry of Justice (received and distributed 20,000 pamphlets), consulates of Georgia, tourist and employment agencies, at border check points and potentially risky zones of trafficking in persons.
  • The Ministry of Education and the IOM developed and introduced a course on trafficking in the school curriculum namely “Georgian secondary education for the prevention     of trafficking”.        
  • A web page containing information on existing legislation, useful contact, description of the services provided to victims of trafficking and other information on combating trafficking was designed.
  • Two databases on trafficking in persons, such as the victim-centered database run by the State Fund and the trafficker-centered database run by the Ministry of Justice     was introduced.    
  • During 2010, 612 high school teachers and 120 public health providers were trained on issues relating to trafficking in persons.

In addition to the above measures, the Committee notes from the Government’s report that periodical analysis of the existing laws are conducted in order to ensure protection of trafficked persons and for the appropriate functioning of the support system for the victims of trafficking and enhancing activities of the shelters for victims of trafficking. It also notes the Government’s information that it has significantly increased its funding for assistance for victims of trafficking.

Article 7(2)(b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration.

Child victims of trafficking. Following its previous comments, the Committee notes the Government’s indication that based on the information provided by the State Fund, 14 persons were accommodated in the shelters including six children. Rehabilitation and reintegration assistance was provided to four victims, while one victim was returned to the country of origin. In 2010, 12 victims were accommodated and in 2011, 15 victims were accommodated, including two minors who were in fact not victims of trafficking but were accommodated along with their mothers who were victims of trafficking.
                  
Clauses (d) and (e). Identifying and reaching out to children at special risk and taking account of the special situation of girls. The Committee had previously noted the Government’s information that, during the reporting period, no cases of trafficking in minors for sexual exploitation was identified. However, the Committee noted that the CRC, in its concluding observations (CRC/C/GEO/CO/3 of 23 June 2008, paragraph 66) expressed concern at the absence of data on the extent and patterns of the sexual exploitation of children and the absence of protection, rehabilitation and social reintegration measures for child victims of sexual exploitation. Noting the absence of information in the Government’s report, the Committee once again requests the Government to take the necessary measures to ensure that child victims of commercial sexual exploitation are provided with programmes of rehabilitation and social integration, and to provide information in this regard, taking account of the special situation of girls.

Economic exploitation and child labour

UN Committee on the Rights of the Child (Concluding Observations, June 2008)

The Committee notes the State party’s position that child labour is not a problem in Georgia, however it is concerned that the Child Labour Survey conducted by the State Department for Statistics in 2004 indicated that over 21.5% of children in the State party were engaged in economic activities and that 10.56% of children were undertaking work in conditions that violate their rights and harm their development.

In line with article 32 of the Convention and the ILO Conventions No. 138 concerning minimum age for admission to employment and No. 182 concerning the prohibition and immediate action for the elimination of the worst forms of child labour to which Georgia is a party, the Committee recommends that the State party take steps to prevent child labour by, inter alia:

(a) Formulating, in a participatory manner, a strategy to prevent child labour and eliminate the worst forms of child labour and to safeguard the rights of children who are legally allowed to work;

(b) Strengthening the labour inspectorate to ensure the effective implementation of child labour laws, both in the formal and informal sectors; and

(c) Seeking assistance from ILO International Programme on the Elimination of Child Labour (IPEC) in this respect. (Paragraphs 62 and 63)

International Labour Organisation
CEACR: Direct request concerning the Minimum Age Convention, 1973 (No.138)
Published 2016
                  
Article 2(1). Scope of application.

The Committee previously noted that self-employment was not regulated by the legislation of Georgia. It also noted the comments made by the Georgian Trade Unions Confederation (GTUC) that the Labour Code applied only to hired labourers and, hence, children working on family farms or in the agricultural sector were not afforded the protection guaranteed under the Convention. The GTUC further indicated that, according to the data of the Department of Statistics, the number of self-employed minors was much higher than that of those employed in the formal sector and that child labour was widespread in various regions of Georgia during the crop period in the agriculture sector.
The Committee notes that, pursuant to sections 1 and 2 of the amendments to the Labour Code of 2013, the provisions of the Code apply to labour relations defined as the performance of work by an employee for an employer in exchange for remuneration under organized labour conditions. It therefore appears that children working in the informal economy, or working on an unpaid basis, as well as those working on their own account, are excluded from the application of the provisions of the Labour Code. In this regard, the Committee notes the Government’s information that it has taken concrete steps for the elaboration of a special mechanism in order to ensure inspection of working conditions at workplaces. The Committee notes from the Government’s report that a Labour Conditions Monitoring Programme (Monitoring Programme) was approved by the Government on 5 February 2015 under which labour inspectors inspect labour conditions in state and private enterprises. It also notes the Government’s indication that within the framework of the Monitoring Programme, 25 inspectors were provided training with the support of the ILO. Recalling that the Convention applies to all forms of work or employment, the Committee requests the Government to take the necessary measures to adapt and strengthen the capacity and reach of the labour inspection services so as to ensure oversight of child labour in the informal economy, and to guarantee the protection afforded by the Convention to children under the age of 15 years who are working in the informal economy, or on an unpaid basis as well as children working on their own account. The Committee requests the Government to provide information on the measures taken in this regard and on the results achieved.

Article 7(1) and (3). Light work and determination of light work.

In its previous comments, the Committee noted that, as per section 14 of the Labour Code, a working week shall not exceed 41 hours, which was also applicable to young workers. It also noted the comments made by the GTUC that it was important to restrict the working hours of young persons and to also include provisions for rest periods, breaks and holidays. Noting that the Labour Code, under section 4(2), allowed children between 14 and 16 years to perform light work, the Committee urged 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.
The Committee notes with interest that the 2013 amendments to the Labour Code contain provisions restricting the working hours of children. According to section 14(3) of the Labour Code of 2013, the duration of the working time of a minor between the ages of 14 and 16 shall not exceed 24 hours a week. In this regard, the Committee requests the Government to take the necessary measures to determine the light work activities permitted to children of 14 to 16 years.

Article 8. Artistic performances.

In its previous comments, the Committee noted that under section 4(3) of the Labour Code, a labour contract can be concluded with a child below 14 years only for work related to sport, art, cultural and advertising activities. Observing that there were no provisions under the Labour Code which limit the number of working hours or set maximum working hours or conditions for the employment of young persons who participate in artistic performances, the Committee 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 of hours during which, and the conditions in which, such employment or work is allowed.
The Committee notes that the Rules of Georgia Department of Labour, Chapter 300-7-1 lay down the conditions and requirements concerning the employment of children in entertainment. Rule 3 of this Chapter requires any person or entity which intends to employ or utilize the services of a minor in any film, video, stage or other live performance to notify the Department of Labour prior to the performance. The Department of Labour shall, after conducting a safety inspection, issue certificates for the employment of minors in such performances. Moreover, according to Rule 5, the working hours for a minor under 16 years for entertainment purposes shall not exceed ten hours a day, including two hours break for meals and for rest and recreation.

Article 9(1). Penalties and labour inspection.

In its previous comments, the Committee noted the comments made by the GTUC that with the abolition of the labour inspectorate, there existed no public authority to observe the implementation of labour legislation, including child labour provisions.
The Committee notes with interest that the Government established the Labour Conditions Inspection Department (LCID) by Resolution No. 81 of March 2015 which coordinates the Monitoring Programme. According to the Government’s report, the main duties of the LCID include the elaboration and improvement of the legal framework to ensure inspection of workplaces, the introduction of labour safety mechanisms and the review of complaints and appeals regarding safety and health at work. It also notes the Government’s indication that according to the data of June 2015, the labour inspectors visited 1,820 companies and detected two cases where an adolescent under 18 years was employed. It further notes that inspection reports and questionnaires are currently being drafted and recommendations are elaborated by the Labour Inspection Department. In addition, recommendations on issues related to occupational safety and health are issued to employers. The Committee requests the Government to continue to provide information on the functioning of the labour inspectorate, including information on the number and nature of violations detected involving children and young persons and penalties imposed.
 

CEACR: Individual Observation concerning Minimum Age Convention, 1973 (No. 138)
Published: 2011

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 organisations 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.

Universal Periodic Review (January 2011)

A - 105.44. Take steps to prevent child labour by formulating a strategy to eliminate the worst forms of child labour (Bulgaria); (accepted)

Children living and working on the streets

UN Committee on the Rights of the Child (Concluding Observations, June 2008)

While noting that a study on street children is currently underway, the Committee remains concerned by the absence of strategic measures addressing the situation of children who work or live in the street. The Committee is particularly concerned about the plight of these children in view of the risks to which these children are exposed, including trafficking.

The Committee recommends that the State party:

a) Provide street children with recovery and social reintegration services, taking into account their views in accordance with article 12 of the Convention, and provide them with adequate nutrition, housing, necessary healthcare and educational opportunities;

b) Carry out a comprehensive study to assess the scope, nature and root causes of the presence of street children in the country in order to develop a national policy for prevention;

c) Ensure that the availability of shelters is sufficient, in Tbilisi as well as in other parts of the country;

d) Develop a policy for family reunification where possible and in the best interests of the child;

e) Conduct public awareness campaigns to address the stigma attached to street children; and

f) Collaborate with NGOs and seek technical assistance from, inter alia, UNICEF. (Paragraphs 64 and 65)

UN Committee on Economic, Social and Cultural Rights
Last reported: 14 and 15 November 2002
Concluding Observations issued: 19 December 2002

The Committee is concerned about the high number of children living and/or working in the streets who are often victims of various forms of exploitation, including prostitution and pornography. (Paragraph 20).

The Committee calls upon the State party to undertake urgent and effective measures to address the problems faced by children living and/or working in the street, and to protect them against all forms of exploitation. (Paragraph 38)

UN Committee on the Elimination of Racial Discrimination
Last reported: 16 and 17 August 2011
Concluding Observations issued: 2 September 2011

The Committee is concerned that the Roma population of Georgia remains marginalised, continues to live in precarious economic and social conditions, has low representation in public life and that many of them do not possess identity documents. The Committee is also concerned at the low rate of enrolment of Roma children in schools and at reports that children, most of whom are of Roma origin, are living in the streets of Tbilisi. (art. 5)

In light of its general recommendation 27 (2000) on discrimination against Roma, the Committee recommends that the State party:

(a) Ensure the issuance of birth certificates and other documents to all members of the Roma minority;

(b) Enhance its efforts to improve the employment, social services, health and housing conditions of the Roma, alleviate their state of marginalisation and poverty and ensure their greater representation in public life;

(c) Make every effort to increase the rate of school enrolment of Roma children and take effective measures to protect Roma children living and working in the streets, including by ensuring shelters and providing them with recovery and social reintegration services. (Paragraph 17)

International Labour Organisation
CEACR: Direct Request concerning Worst Forms of Child Labour Convention, 1999 (No.182)
Published 2016

Article 7(2)(b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Street children.

The Committee previously noted the various measures taken by the Government to protect street children from the worst forms of child labour.
The Committee notes the Government’s information that within the framework of the Trafficking in Persons National Action Plan for 2015–16, preventive measures and awareness-raising campaigns are carried out on issues related to trafficking in persons, especially for children working and living on streets. The Government indicates that, since 2014, within the framework of the Social Rehabilitation and Child Care Programme, a subprogramme on providing shelter and psycho-social rehabilitation and integration for street children is being implemented. Currently, four care centres, two crisis intervention shelters, two transit centres as well as mobile group services providing 24-hour services to street and homeless children are operational within this subprogramme. The Committee notes from the Government’s report that 400 children working and living on the streets of Tbilisi and Kutaisi/Imereti region benefited from the above services.
The Committee further notes the Government’s information that the Ministry of Education and Science, in close cooperation with international organizations and other stakeholders of the education sector, initiated several measures to ensure accessibility of the education system for all children, especially for children belonging to marginalized groups and children from an ethnic minority background, including Roma. In this regard, the Social Model of Inclusive Education and the subprogramme on the “Second Opportunity to receive education for children outside of the learning process” is providing education to the most vulnerable groups of children, including children involved in child labour and victims of sexual exploitation. The Committee finally notes the Government’s indication that a special educational service for street children, especially those who are involved in prostitution and begging, will be implemented by the end of 2015. This service will provide an opportunity to children living and working on the street, who are not enrolled in school, or are enrolled but have learning and integration problems with their peers, to develop age-appropriate basic and vital academic skills in a specific environment.
The Committee requests the Government to continue to take effective and time-bound measures to protect children living and working on the streets, in particular Roma children, from the worst forms of child labour and to provide for their rehabilitation and social integration. It also requests the Government to continue providing information on the number of street children rehabilitated through the Social Rehabilitation and Child Care Sub-Programme. It further requests the Government to provide information on the number of children who have benefited from the inclusive education programmes and the special educational service for street children and other vulnerable groups of children.

CEACR: Direct Request concerning Worst Forms of Child Labour Convention, 1999 (No.182)
Published 2013
                  
Article 7(2)(b).Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration.Street children.

The Committee previously noted the comments by the Georgian Trade Unions Confederation, dated 30 August 2006, that there were reports of children as young as 9 years working on the streets of Tbilisi, in markets and sometimes at night, carrying or loading wares and children as young as 5 years of age working as beggars. It also noted the Government’s statement that the majority of street children are of Roma origin. The Committee notes the Government’s information that various laws are in place which prohibit any kind of discrimination in the educational system, which apply to Roma children. The Committee notes, however, that the Committee on the Rights of the Child (CRC), in its concluding observations (CRC/C/GEO/CO/3 of 23 June 2008, paragraph 64) expressed concern at the absence of strategic measures to address the situation of children who live and work on the street and at the plight of these children in view of the risks to which these children are exposed, including trafficking.
The Committee notes the Government’s information that an Inter-agency Commission consisting of the relevant ministers and deputy ministers was created in order to ensure the well-being of street children. Moreover, the Government has introduced a voucher system for street children, enabling them to receive support. In addition, the Government finances crisis centres in Tbilisi with the aim of providing psychosocial rehabilitation for street children, including the provisions of vocational education. The Committee further notes the Government’s information that an Inter-agency Steering Committee (ISC) was established which includes representatives of the Ministry of Labour, Health and Social Assistance, Social Service Agency, Ministry of Internal Affairs, Ministry of Justice, Ministry of Education and Science, Ministry of Finance, Public Defender’s Office, Tbilisi Municipality, State Fund for Protection and Assistance of Victims of Human Trafficking, the EU delegation and UNICEF. The Committee notes from the Government’s report that the ISC elaborated a Project on Street Children which envisages the renovation of equipment of the three new crisis/drop-in and day-care centres, recruitment and training of four mobile teams to provide service primarily for street children, and enhancement of the technical capacity of Social Service Agency to manage, coordinate and monitor services for highly vulnerable children. The Committee requests the Government to continue to take effective and time-bound measures to protect children living and working on the streets, in particular Roma children, from the worst forms of child labour and to provide for their rehabilitation and social integration. It also requests the Government to provide information on the number of street children rehabilitated in the crisis centres as well as the number of children who have benefited through the Project on Street Children implemented by the ISC.

CEACR: Individual Observation concerning Minimum Age Convention (No. 138)
Published: 2011

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 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.

Universal Periodic Review (January 2011)

A - 105.45. Adopt specific measures to improve effectively the situation of children living in the streets of big cities and children with disabilities (Algeria) (accepted)

P - 106.37. Provide children who work or live in the streets with recovery and social reintegration services (Hungary) (pending)

Corporal punishment

UN Committee on the Rights of the Child (Concluding Observations, June 2008)

While noting the legal prohibition of corporal punishment in school as stipulated in Article 19 of the Law on General Education, the Committee notes with concern that corporal punishment in the home remains lawful. Furthermore the Committee concerned that corporal punishment continues to occur in the home as well as schools and institutions.

The Committee recommends that the State party adopt legislation explicitly prohibiting all forms of corporal punishment of children in all settings, including the home. The State party should also conduct awareness raising and public education campaigns against corporal punishment and promote positive, non-violent forms of discipline as an alternative to corporal punishment, while taking due account of the General Comment no. 8 of the Committee on the Right of the Child to Protection from Corporal Punishment and Other Cruel or Degrading Forms of Punishment (2006).

With reference to the United Nations Secretary-General’s Study on violence against children (A/61/299), the Committee recommends the State party to:

a) Take all necessary measures for the implementation of the recommendations contained in the report of the independent expert of the United Nations study on violence against children while taking into account the outcome and recommendations of the Regional Consultation for Europe and Central Asia held in Ljubljana from 5-7 July 2005. In particular, the Committee recommends that the State party pay particular attention to the following recommendations:

(i) Prohibit all violence against children

(ii) Strengthen national and local commitment and action

(iii) Prioritise prevention

(iv) Promote non-violent values and awareness-raising

(v) Provide recovery and social reintegration services

(vi) Ensure accountability and end impunity.

b) Use these recommendations as a tool for action in partnership with civil society and in particular with the involvement of children, to ensure that every child is protected from all forms of physical, sexual and mental violence and to gain momentum for concrete and, where appropriate, time-bound actions to prevent and respond to such violence and abuse; and

c) Seek technical assistance from UNICEF, the Office of the United Nations High Commissioner for Human Rights (OHCHR) and the World Health Organisation (WHO) for the above mentioned purposes. (Paragraphs 31 to 33)

UN Human Rights Committee
Last reported: 31 October 2012
Concluding Observations: 28 August 2014
                  
The Committee also notes with concern that corporal punishment, especially in the home, continues to be accepted and practised as a traditional form of discipline by parents and guardians (arts. 2, 3, 6, 7, 24 and 26). The State party should strengthen its efforts to prevent and combat all forms of domestic violence by ensuring the effective implementation of the existing relevant legal and policy frameworks, including by:
Taking practical steps, including through legislative measures where appropriate, to put an end to corporal punishment in all settings, encouraging non-violent forms of discipline as alternatives to corporal punishment, and conducting public information campaigns to raise awareness about its harmful effects. (Paragraph 9)

Universal Periodic Review (January 2011)

P - 106.36. Develop legislation to explicitly prohibit all forms of corporal punishment of children in all settings, in accordance with the recommendations of the Committee on the Rights of the Child (Mexico); (pending)

Discrimination against children from ethnic and religious minority backgrounds

UN Committee on the Rights of the Child (Concluding Observations, June 2008)

While recognising the State party’s efforts to ensure equal enjoyment of rights for children belonging to minority groups, including the establishment, in 2005, of the Council of National Minorities and the National Council on Civic Integration and Tolerance (NCCIT), the Committee remains concerned that children from minority populations experience discrimination in the enjoyment of their rights as stipulated in the Convention, in particular, concerning culture and language.

The Committee notes that after the “Rose Revolution”, the State party has been encouraging its population, through the enforcement of its language law, to use Georgian in all public spheres. However, the Committee is concerned that insufficient efforts have been made by the State party to facilitate learning by children belonging to minority groups in Georgia, both in Georgian and in their own language.

The Committee urges the State party to:

a) Recognise the rights of children belonging to minority groups to enjoy his or her own culture, to profess and practise his or her own religion, or to use his or her own language in line with article 30 of the Convention, and to consider adopting a comprehensive legal act providing protection of their rights;

b) Guarantee, in the context of the State Language Programme, the quality of instruction of the Georgian language to children belonging to minority groups so as to ensure that minority-language-speaking children can participate on a more equal level with Georgian-speaking children, in particular at higher education levels;

c) Take the necessary measures to ensure that access to higher education by pupils belonging to minority groups is not hindered by their inability to pass the Georgian language exams alone;

d) Implement the National Civic Integration Strategy and Action Plan in such a way that all the children of Georgia will be taught about the culture, history and identity of the various groups living in Georgia and that exchanges are organised between pupils of different schools in order to foster contacts, friendships and mutual respect among children from all groups of society;

e) Ensure that the rights of all children to use their own language is guaranteed in practice, through, inter alia, strengthened efforts to address linguistic needs of children belonging to minority groups; and

f) Strengthen its mechanisms for data collection on children belonging to minority groups so as to identify existing gaps and barriers to exercise their rights to their own culture, use of their own language and preservation and development of their own identity, with a view to developing legislation, policies and programmes to address such gaps and barriers. (Paragraphs 75to 77)

UN Human Rights Committee
Concluding Observations issued: 28 August 2014
                  
While noting the State party’s  efforts to integrate minorities into political and public life, the     Committee remains concerned that poor knowledge of the Georgian language continues to be the main barrier to their integration and a reason for their marginalization and limited representation in political life. It also remains concerned that local authorities are required to write replies to minority applicants in Georgian, even to those who cannot read this language. The mandatory use of Georgian may also exclude members of linguistic minorities from certain official functions at the local level. It is also concerned about the lack of specific programmes aimed at the social and economic integration of Roma (arts. 25-27).
The State party should strengthen its programmes for teaching the Georgian language to minorities, promote their representation in political and public bodies at all levels and consider the possibility of allowing the use of minority languages in local government and administration. It should also design and implement appropriate programmes and strategies to ensure the social and economic integration of Roma, including their access to employment, health care, education and social protection on an equal basis with others. (Paragraph 19)

Concluding Observations issued: 15 November 2007

The Committee remains concerned at the obstacles faced by minorities in the enjoyment of their cultural rights, as well as at the low level of political representation of minorities. While acknowledging that there is no prohibition of the use of minority languages in the private sphere, and minority languages are taught in schools, the Committee is concerned that lack of knowledge of the Georgian language could lead to marginalisation and under-representation of minorities in different public and private spheres (arts. 25 and 26). (Paragraph 17).

The State party should:

a) Consider the possibility of allowing minorities to use their own language at the level of local government and administration;

b) Take all appropriate measures to ensure adequate political representation and participation of minorities, in particular Armenian and Azeri communities, as well as to improve their knowledge of the Georgian language. The State party should take steps to eliminate language-based discriminatory practices;

c) promote the integration of minorities in the Georgian society. To this purpose, the State party should engage in a dialogue with the concerned groups and civil society working with minorities issues;

UN Committee on the Elimination of Racial Discrimination
Last reported: 16 and 17 August 2011
Concluding Observations issued: 2 September 2011

The Committee is concerned at reports of stereotyping, prejudice and misconceptions with regard to members of ethnic and religious minorities expressed through the media, by politicians and in school textbooks. It is also concerned at reports that after the 2008 armed conflict members of some minorities have been depicted as "enemies". (art. 5).

The Committee recommends that, in addition to legal and policy levels, the State party make every effort to build mutual confidence and reconciliation between the majority and minority populations and promote a peaceful and tolerant coexistence in inter-ethnic relations through political discourse, awareness-raising campaigns and by removing derogatory or insulting references to minorities in school textbooks. The Committee also recommends that the State party ratify the Council of Europe Convention on Cybercrime which it has signed as well as its Additional Protocol. (Paragraph 14)

While noting the efforts deployed in this field, including some special measures, the Committee is concerned by the low level of knowledge of Georgian as a second language among minorities and the obstacle which this represents to their integration into society, education, employment, and representation in state institutions and public administration. It is also concerned at the insufficient number of trained teachers of the Georgian language. (art. 5).

The Committee recommends that the level of knowledge of Georgian by minorities be further enhanced through the teaching of Georgian as a second language in educational institutions at all levels and that efforts be made to ensure greater political representation and participation of members of minority groups in public life, especially the Azeri and Armenian communities. The Committee invites the State party to engage in dialogue with these groups and civil society to facilitate their integration and to enhance the quality of training of teachers of the Georgian language at all levels as well as bilingual education in minority areas, increasing the number of Language Houses and improving the curriculum of the Zurab Zhvania school of civic administration for minorities. The Committee also recommends that the State party ratify the European Charter for Regional or Minority Languages. (Paragraph 15)

The Committee is concerned that the Roma population of Georgia remains marginalised, continues to live in precarious economic and social conditions, has low representation in public life and that many of them do not possess identity documents. The Committee is also concerned at the low rate of enrolment of Roma children in schools and at reports that children, most of whom are of Roma origin, are living in the streets of Tbilisi. (art. 5)

In light of its general recommendation 27 (2000) on discrimination against Roma, the Committee recommends that the State party:

(a) Ensure the issuance of birth certificates and other documents to all members of the Roma minority;

(b) Enhance its efforts to improve the employment, social services, health and housing conditions of the Roma, alleviate their state of marginalisation and poverty and ensure their greater representation in public life;

(c) Make every effort to increase the rate of school enrolment of Roma children and take effective measures to protect Roma children living and working in the streets, including by ensuring shelters and providing them with recovery and social reintegration services. (Paragraph 17)

The Committee is also concerned that a large number of children, in particular from minority groups in remote parts of the country, have not been registered at birth and do not have birth certificates. (art. 5).

The Committee recommends that after the 2012 census, the State party provide it with disaggregated information on the composition of society, including on persons belonging to numerically smaller minorities, the inhabitants of the Autonomous Republic of Ajara as well as IDPs and refugees, as well as information regarding their access to health and in particular on infant and maternal mortality among minorities, their level of income, their representation in important State jobs and disparities with regard to education. The Committee recommends that the State party take all the necessary measures to register the births of children, in particular those from minorities, born in remote parts of the country and provide them with birth certificates. (Paragraph 19)

UN Special Rapporteur on Freedom of Religion
Country visit: 31 August to 7 September 2003
Report published: 16 December 2003

The Special Rapporteur has been informed that many schoolchildren belonging to religious minorities, in particular Evangelists, Jehovah’s Witnesses and Baptists, have been threatened, insulted and physically assaulted at school because of their religion. Those responsible for such acts of intolerance are either other schoolchildren or teachers and principals at the schools concerned. (Paragraph 100)

Against this background, and following a press article in which Basil Mkalavishvili supposedly called on the Minister of Education to “get rid of” members of the teaching profession who were Jehovah’s Witnesses, the teachers in one district of T’bilisi are said to have responded that they would spare no effort to “inculcate” proper Orthodox values into their pupils, and were emphatic within their own circles that renouncing orthodoxy was tantamount to renouncing one’s nationality. (Paragraph 101)

It is also reported that many complaints of such religion-based persecution in schools have not only not been properly dealt with by the authorities but have even brought down additional reprisals upon the victims. (Paragraph 102)

More alarming are reports reaching the Special Rapporteur to the effect that in 2002 the Ministry of Education approved a primer for 16-year-old schoolchildren containing a chapter entitled “The dangers of religious sects”. The primer does not refer to any groups in particular, but describes certain: [s]ects whose activities are banned in other countries because their anti-State, anti-human, and anti-moral preachings have penetrated the country, taking advantage of the difficulties the young State has had establishing itself, the hard socio-economic situation of the population, and our seventy years of living without religion. (Paragraph 103)

Regarding religious intolerance and education, the Special Rapporteur has noted with much concern that intolerance and, sometimes, religious violence occur in schools. He refers again on this topic to the recommendations made at the beginning of this chapter and emphasises that in matters of the principle of freedom of religion or belief and minors, the competent authorities should not confine themselves to intervening when there is serious physical violence. A whole series of actions, prima facie benign or not immediately punishable under criminal law, may together amount to substantial encroachment on the exercise of freedom of religion or belief and should, as such, be taken seriously by the authorities. (Paragraph 121)

The Special Rapporteur also wishes to stress that religious tolerance can only be acquired if people learn from their earliest childhood about the existence and distinctive characteristics of other religious or faith-based communities. Most situations of religious intolerance, those in Georgia included, stem from ignorance. The Special Rapporteur refers the Georgian Government to the final document of the International Consultative Conference on School Education in relation to Freedom of Religion and Belief, Tolerance and Non-Discrimination held in Madrid from 23 to 25 November 2001, and urges it to put into practice all the recommendations given there. (Paragraph 123)

Universal Periodic Review (January 2011)

P - 106.23. Undertake effective measures to protect children, particularly those belonging to religious minorities (Ecuador) (pending)

Barriers to access to education and discrimination in the education system

UN Committee on the Rights of the Child (Concluding Observations, June 2008)

The Committee welcomes the enactment of the Law on General Education, in 2005, and notes with appreciation the increase in the allocation of state resources to education, particularly in the 2006 and 2007 budgets, as well as the progress of the programme to develop school infrastructure and the intensified teachers’ in- service training. Nevertheless, the Committee remains concerned about the general quality of education and about the poor infrastructure of many schools, as well as the growing disparity in educational standards between rural and urban areas. The Committee is concerned about the hidden costs of education which may hinder access for children from low-income families, and that drop-out rates are progressively higher in later stages of schooling, particularly in rural areas.

The Committee recommends that the State party:

a) Continue to increase budget allocations to the educational sector;

b) Focus on an overall improvement of the quality of education provided, particularly in rural and minority regions, by, inter alia, ensuring that teachers are fully qualified and trained;

c) Take further measures to facilitate the accessibility to education of children from all groups in society by, inter alia, improving material provisions in schools and eliminate additional costs of schooling so that no child is discriminated in their enjoyment of the right to education due to the financial circumstance of his/her parents;

d) Take measures to increase school attendance and reduce drop-out and repetition rates, including by providing assistance and counselling to children; and

e) Take measures to increase enrolment in early childhood development programmes and pre-school institutions, in particular with regard to children growing up under economic hardship and deprivation. (Paragraphs 65 and 57)

UN Committee on Economic, Social and Cultural Rights
Last reported: 12 and 15 November 2002
Concluding Observations issued: 19 December 2002

The Committee regrets the lack of detailed information on the situation of primary education in the information provided by the State party. The Committee is concerned that, although primary education should be provided free of charge, as stipulated by law and in article 14 of the Covenant, parents are faced with payments for various purposes. (Paragraph 26).

The Committee recommends that the State party undertake measures to ensure that access to free primary education is not impeded in reality by additional material costs and by informal fees. In addition, the Committee suggests that the State party continue its reform of the school system, which aims, inter alia, to reduce the number of dropouts. (Paragraph 45)

The Committee is further concerned about the high rate of school drop-outs, particularly in secondary education. (Paragraph 27).

The Committee requests that the State party include, in its next periodic report, detailed information on the quality of higher education. (Paragraph 46)

UN Committee on the Elimination of Racial Discrimination
Last reported: 16 and 17 August 2011
Concluding Observations: 2 September 2011

While noting the efforts deployed in this field, including some special measures, the Committee is concerned by the low level of knowledge of Georgian as a second language among minorities and the obstacle which this represents to their integration into society, education, employment, and representation in state institutions and public administration. It is also concerned at the insufficient number of trained teachers of the Georgian language. (art. 5).

The Committee recommends that the level of knowledge of Georgian by minorities be further enhanced through the teaching of Georgian as a second language in educational institutions at all levels and that efforts be made to ensure greater political representation and participation of members of minority groups in public life, especially the Azeri and Armenian communities. The Committee invites the State party to engage in dialogue with these groups and civil society to facilitate their integration and to enhance the quality of training of teachers of the Georgian language at all levels as well as bilingual education in minority areas, increasing the number of Language Houses and improving the curriculum of the Zurab Zhvania school of civic administration for minorities. The Committee also recommends that the State party ratify the European Charter for Regional or Minority Languages. (Paragraph 15)

UN Committee on the Elimination of Discrimination against Women
Last reported: 29 October 2014
Concluding Observations issued: 24 July 2014

While noting the overall high enrolment rate among girls in primary, secondary and tertiary education, the Committee remains concerned at the:
(a)Low level of school attendance among children belonging to disadvantaged and marginalized groups, such as street children, children with disabilities, children in foster care and children in correctional institutions;
(b)Significant rate at which girls are dropping out of secondary school, reportedly owing to child marriage, and the disproportionately low secondary school attendance rate among girls belonging to ethnic minorities;
(c)Exclusion from education after the ninth grade of girls and boys who do not possess Georgian citizenship or identity documents;
(d)Gender imbalance among teaching professionals, with most teachers being women owing to the low salaries paid, while senior school administration positions are predominantly held by men;
(e)Absence of age-appropriate sexual and reproductive health and rights education.
The Committee recommends that the State party:
(a) Ensure full-time school attendance at all levels by disadvantaged and marginalized children, in particular street children, children with disabilities, children in foster care and children in correctional institutions;
(b) Promote school attendance by girls belonging to ethnic minorities, in particular at the secondary level, and take measures to remove barriers to their access to education, such as child marriage;
(c) Abolish the requirement for Georgian citizenship or identity documents for gaining access to education beyond the ninth grade;
(d) Take measures to ensure gender balance among teaching professionals, both at the level of teachers and within the senior levels of school administration, by providing the necessary incentives, including career mobility;
(e) Introduce age-appropriate sexual and reproductive health and rights education, including on responsible sexual behaviour, at all levels. (Paragraphs 26 and 27)

Concluding Observations issued: 25 August 2006

While noting the efforts of the State party to eliminate gender stereotypes from school textbooks at the primary school level, the Committee continues to be concerned about the persistence of patriarchal attitudes and deep-rooted stereotypes regarding the roles and responsibilities of women and men in the family and in society in Georgia, which are reflected in women's educational choices, their situation in the labour market and their low level of participation in political and public life. It is concerned that girls and women in secondary schools and universities continue to choose study areas traditionally seen as "female areas".

The Committee encourages the State party to continue its efforts to eliminate gender stereotyping, and to strengthen the mainstreaming of gender perspectives in curricula and textbooks. It also requests the State party to enhance the training of teaching staff in regard to gender equality issues. The Committee urges the State party to disseminate information on the Convention in programmes in the educational system, including human rights education and gender training, with a view to changing existing stereotypical views on and attitudes towards women's and men's roles. It recommends that awareness-raising campaigns be addressed to both women and men and that the media be encouraged to project positive images of women and of the equal status and responsibilities of women and men in the private and public spheres. The Committee calls on the State party to further encourage diversification of the educational choices of boys and girls. It also urges the State party to encourage a public dialogue on the educational choices girls and women make and their subsequent opportunities and chances in the labour market. (Paragraphs 17 and 18)

Representative of the Secretary-General on Internally Displaced Persons
Country visit: 1 to 4 October 2008
Report published: 13 February 2009

Several treaty bodies have issued observations and recommendations to Georgia on the implementation of their obligations under the above treaties. With regard to the situation of the internally displaced, the treaty bodies have formulated a series of recommendations regarding IDPs living in protracted displacement. In November 2007, the Human Rights Committee expressed concern at the forced eviction of IDPs from collective centres in Tbilisi, Kutaisi and Adjara, without a court decision or agreement of persons concerned, and without proper compensation and support by governmental agencies, in violation of articles 12 and 26 of the ICCPR. The Human Rights Committee recommended that Georgia ensure proper regulation of the privatisation of collective centres, and take all necessary measures to prevent cases of forced evictions of IDPs in the future. It also asked that Georgia ensure that the plan of action for IDPs is fully in line with all provisions under the Covenant on Civil and Political Rights, in particular the principles of voluntariness of return and non-discrimination.11 In June 2008, the Committee on the Rights of the Child welcomed the adoption of the draft plan of action on IDPs but expressed its concern at the continued serious socio-economic deprivation of IDPs and their limited access to housing, health services and education as well as the physical and psychological impact of displacement on children. It was also concerned at the potential negative impact of segregated schools on internally displaced children. The Committee recommended that Georgia give the highest priority to the protection of the rights of internally displaced children and incorporate the Guiding Principles on Internal Displacement in the legislation and policies of the State party. (Paragraph 13)

During his discussion with IDPs, the Representative learned of several concerns regarding access of IDP children to schools, including fears that they would be segregated from other children. He received information that there was limited coordination in assigning new IDP children to local schools and that those in collective centres had not been accepted in local schools. Several IDPs he met in collective centres indicated an overall lack of textbooks and basic school equipment. The Representative welcomes the fact that the JNA includes provisions for the education sector to ensure that all internally displaced children and children directly or indirectly affected by the conflict enjoy full access to education. It similarly highlights the need for programmes to address the psychosocial needs of IDP children who suffer from the trauma of violence and separation from their homes. (Paragraph 38)

Country visit: 21 to 24 December 2005
Report published: 24 March 2006

The Representative was shocked by the miserable living conditions of many IDPs. While poverty is widespread and unemployment very high throughout Georgia, IDPs generally suffer disproportionately. They have limited access to land, housing and employment, and are therefore more susceptible to poverty than the rest of the population. Many have no income of their own and are dependent on the Government’s financial allowance of around US$ 6 per month, which is insufficient to afford the minimum monthly food basket or other basic necessities, buying just half a pound of bread per day. Studies maintain that the overall health status of IDPs is worse than that of the population at large, and that IDPs in rural areas have very limited, if any, access to the free-of-charge health services, as ensured to vulnerable categories of IDPs by the Law of Georgia on Forcibly Displaced Persons. Furthermore, IDP children are increasingly illiterate, and some of the remaining schools attended by displaced children only lack resources. (Paragraph 29)

Some 96,970 IDPs (43.76 per cent of all registered IDPs) are living in one of the more than 1,500 remaining collective accommodation centres. The abject poverty in these centres is, by contrast to the situation of IDPs living in host families, well-documented and familiar also to the Government. Around 70 per cent of these centres do not meet minimum standards, with inadequate access to clean water, unsafe electric systems, and insufficient insulation. The Representative visited some of these centres where IDPs have been living for over a decade, often without receiving any support from the Government or the international community. He was concerned about the absence of running water in some of the places he visited, the badly unhygienic conditions and the exposure of inhabitants to the cold, as no repairs to doors, windows and crumbling walls had been undertaken. The Representative hence concluded that these conditions were clearly not in accordance with the right to an adequate standard of living, including the right to adequate housing, as provided for by guiding principle 18. On top of that, some collective centres were located in relative isolation, forcing children to walk several kilometres to school and complicating access to health care particularly for the elderly. (Paragraph 31)

The Representative: (c) Calls on the Abkhaz de facto authorities to respect the right of returning

IDPs to use their own language, including in educational institutions, as enshrined in guiding principle 23 of the Guiding Principles on Internal Displacement. He further calls on the authorities concerned to avoid interruptions and disturbances of the education of IDP and returnee children, and make the necessary budget allocations; (Paragraph 49)

Country visit: 13 to 17 May 2000
Report published: 25 January 2001

In Georgia, the first nine grades of education are compulsory and free. For higher grades, fees of between 10 and 15 lari a month are required of about 70 per cent of students, while the remainder, selected on the basis of merit, are exempt from fees. As with public services, the extent to which internally displaced children and adolescents attend public schools versus those established by the Government in Exile appeared to vary, with most internally displaced persons queried replying that their children were not prevented from attending public schools. Where the opposite is true, UNICEF informed the delegation that it was working with the authorities to promote an inclusive education system enabling the integration of internally displaced children into the normal education system. (Paragraph 55)

However, lack of school supplies, proper clothing and shoes were cited as factors leading to internally displaced children and adolescents failing to attend school. According to a resident of one collective centre visited, these factors accounted for reportedly only half of the 400 internally displaced children living there attending school regularly. As education is so essential to a child’s, and indeed a country’s, development, support must be provided to ensure that children receive the basic supplies required to attend school. (Paragraph 56)

Absenteeism was also attributed to the fact that increasing numbers of internally displaced children have to resort to begging and even criminality in order to assist their families to survive. Supporting income-generating activities for their parents is thus also essential for ensuring education and enhanced future economic prospects for children. (Paragraph 57)

Principle 23 of the Guiding Principles on Internal Displacement affirms that the authorities concerned should ensure that internally displaced persons receive education which respects their cultural identity, language and religion. Furthermore, the Convention on the Rights of the Child recognises, in article 29.1 (c), that a child’s education shall be directed, inter alia, to the development of “his or her own cultural identity, language and values”. General reference was made to the content of these provisions when the Representative raised the issue of language of education policy with the de facto “President” of Abkhazia. The Secretary-General subsequently reported to the Security Council that there have been “signs that the Abkhaz authorities are taking a more pragmatic and flexible view on the use of the Georgian language in Gali district schools”, pointing out that “[s]uch issues, relating to the education of children, are significant for the decision-making by displaced families considering a return to their former homes”. (Paragraph 81)

UN Special Rapporteur on Freedom of Religion
Country visit: 31 August to 7 September 2003
Report published: 16 December 2003

The Special Rapporteur has been informed that many schoolchildren belonging to religious minorities, in particular Evangelists, Jehovah’s Witnesses and Baptists, have been threatened, insulted and physically assaulted at school because of their religion. Those responsible for such acts of intolerance are either other schoolchildren or teachers and principals at the schools concerned. (Paragraph 100)

Against this background, and following a press article in which Basil Mkalavishvili supposedly called on the Minister of Education to “get rid of” members of the teaching profession who were Jehovah’s Witnesses, the teachers in one district of T’bilisi are said to have responded that they would spare no effort to “inculcate” proper Orthodox values into their pupils, and were emphatic within their own circles that renouncing orthodoxy was tantamount to renouncing one’s nationality. (Paragraph 101)

It is also reported that many complaints of such religion-based persecution in schools have not only not been properly dealt with by the authorities but have even brought down additional reprisals upon the victims. (Paragraph 102)

More alarming are reports reaching the Special Rapporteur to the effect that in 2002 the Ministry of Education approved a primer for 16-year-old schoolchildren containing a chapter entitled “The dangers of religious sects”. The primer does not refer to any groups in particular, but describes certain: [s]ects whose activities are banned in other countries because their anti-State, anti-human, and anti-moral preachings have penetrated the country, taking advantage of the difficulties the young State has had establishing itself, the hard socio-economic situation of the population, and our seventy years of living without religion. (Paragraph 103)

Regarding religious intolerance and education, the Special Rapporteur has noted with much concern that intolerance and, sometimes, religious violence occur in schools. He refers again on this topic to the recommendations made at the beginning of this chapter and emphasises that in matters of the principle of freedom of religion or belief and minors, the competent authorities should not confine themselves to intervening when there is serious physical violence. A whole series of actions, prima facie benign or not immediately punishable under criminal law, may together amount to substantial encroachment on the exercise of freedom of religion or belief and should, as such, be taken seriously by the authorities. (Paragraph 121)

The Special Rapporteur also wishes to stress that religious tolerance can only be acquired if people learn from their earliest childhood about the existence and distinctive characteristics of other religious or faith-based communities. Most situations of religious intolerance, those in Georgia included, stem from ignorance. The Special Rapporteur refers the Georgian Government to the final document of the International Consultative Conference on School Education in relation to Freedom of Religion and Belief, Tolerance and Non-Discrimination held in Madrid from 23 to 25 November 2001, and urges it to put into practice all the recommendations given there. (Paragraph 123)

Discrimination against, and inadequate services for, children with disabilities

UN Committee on the Rights of the Child (Concluding Observations, June 2008)

The Committee, while welcoming the various measures aimed at promoting inclusive education for children with disabilities with a view to using the model in all schools, regrets the lack of a comprehensive government policy for children with disabilities which takes into account their overall developmental needs, including their right not to be discriminated against, the right to education and the right to health.

The Committee recommends that the State party, taking into account the General Comment No. 9 (2006) on the rights of children with disabilities (CRC/C/GC/9):

a) Consider ratifying the Convention on the Rights of Persons with Disabilities and its Optional Protocol;

b) Ensure implementation of the Standard Rules for Equalising the Possibilities for Persons with Disabilities, adopted by the United Nations General Assembly on 23 December 1993;

c) Pursue efforts to ensure that children with disabilities may exercise their right to education to the maximum extent possible;

d) Undertake awareness-raising campaigns to sensitise the public, and parents in particular, about the rights and special needs of children with disabilities, including those with mental health concerns; and

e) Undertake greater efforts to make available the necessary professional (i.e. disability specialists) and financial resources, especially at the local level and to promote and expand community- based rehabilitation programmes, including parent support groups. (Paragraphs 42 and 43)

Universal Periodic Review (January 2011)

A - 105.5. Consider ratifying the Convention on the Rights of Persons with Disabilities as well as the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict (India) (accepted)

A - 105.18. Increase the support to children with disabilities so that they can live in the community and avoid their institutionalisation (Canada) (accepted)

A - 105.18. Increase the support to children with disabilities so that they can live in the community and avoid their institutionalisation (Canada) (accepted)

A - 105.19. Increase support to children with disabilities to live in the community to avoid institutionalisation (Denmark) (accepted)

A - 105.20. Strengthen support to children with disabilities (Bangladesh) (accepted)

A - 105.45. Adopt specific measures to improve effectively the situation of children living in the streets of big cities and children with disabilities (Algeria) (accepted)

P - 106.1. Sign and ratify the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights, the International Convention for the Protection of All Persons from Enforced Disappearance and the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict, as well as intensify its efforts for the prompt ratification of the Convention on the Rights of Persons with Disabilities and its Optional Protocol (Spain) (pending)

Discrimination against, and barriers to access to services for, internally displaced children

UN Committee on the Rights of the Child (Concluding Observations, June 2008)

The Committee is concerned that, despite the Constitutional and other guarantees, the principle of non-discrimination is not fully respected in practice with certain groups of children, including, inter alia, for children belonging to minorities; children with disabilities; refugee and asylum-seeking children; children who are internally displaced; children of disadvantaged families; street children; children in juvenile justice system and children living in rural or remote areas. The Committee also notes with concern that girls in particular are disproportionately affected, due to gender-discrimination,

The Committee recommends that the State party increase its efforts to monitor and ensure implementation of existing laws guaranteeing the principle of non-discrimination and full compliance with article 2 of the Convention. It also recommends the collection of appropriate disaggregated data to enable monitoring of discrimination against children, including those belonging to the above-mentioned vulnerable groups, and in particular, girls, with a view to developing comprehensive strategies aimed at ending all forms of discrimination. (Paragraphs 21 and 22)

[T]he Committee is concerned that the State party’s efforts to promote the right to participation of those children who belong to vulnerable groups, including internally displaced children, have been insufficient, particularly in civil, judicial and administrative procedures. (Paragraph 25)

The Committee recommends that the State party take steps to improve the standard of living of children as a matter of priority, giving particular attention to housing, water and sanitation. In this regard, the State party is urged to allocate sufficient funds in order to counteract the persistent inequality and effectively reduce the disparities and improve the extremely low standard of living of inter alia, families with several children, refugee and internally displaced families, and families living in rural and remote areas. In particular, increased access to basic services including clean running water and sewerage disposal should be targeted as a priority. (Paragraph 54)

While welcoming the newly adopted draft action plan for the implementation of the national strategy on internally displaced persons adopted on 2 February 2007 with an increased focus on integration, the Committee remains concerned that internally displaced children in the State party continue to face serious socio- economic deprivation, especially their limited access to housing, health services and education, as well as the physical and psychological impact of displacement on children. The Committee is further concerned about the potential negative impact of segregated schools for internally displaced children.

The Committee recommends that the State party give the highest priority to the protection of the rights of internally displaced children. In this regard, the Committee recommends that the State party:

a) Continue to follow up the recommendations of the Special Representative of the Secretary-General on Internally Displaced Persons contained in the report on his mission to Georgia (see E/CN.4/2006/71/Add.7), in particular those relating to the incorporation of the Guiding Principles on Internal Displacement (E/CN.4/1998/53/Add.2) in the State party’s legislation and policies on internally displaced persons;

b) Integrate internally displaced children and families into the State social assistance schemes as a matter of priority and ensure that all public services and programmes are accessible and available to them;

c) Take measures to close segregated schools for internally displaced children, and integrate them in mainstream schools without delay; and

d) Ensure that appropriate alternative accommodation is made available to all residents, especially families with children, upon the closure of collective centres, while seeking long-term solutions. (Paragraphs 60 and 61)

Representative of the Secretary-General on Internally Displaced Persons
Country visit: 1 to 4 October 2008
Report published: 13 February 2009

Several treaty bodies have issued observations and recommendations to Georgia on the implementation of their obligations under the above treaties. With regard to the situation of the internally displaced, the treaty bodies have formulated a series of recommendations regarding IDPs living in protracted displacement. In November 2007, the Human Rights Committee expressed concern at the forced eviction of IDPs from collective centres in Tbilisi, Kutaisi and Adjara, without a court decision or agreement of persons concerned, and without proper compensation and support by governmental agencies, in violation of articles 12 and 26 of the ICCPR. The Human Rights Committee recommended that Georgia ensure proper regulation of the privatisation of collective centres, and take all necessary measures to prevent cases of forced evictions of IDPs in the future. It also asked that Georgia ensure that the plan of action for IDPs is fully in line with all provisions under the Covenant on Civil and Political Rights, in particular the principles of voluntariness of return and non-discrimination.11 In June 2008, the Committee on the Rights of the Child welcomed the adoption of the draft plan of action on IDPs but expressed its concern at the continued serious socio-economic deprivation of IDPs and their limited access to housing, health services and education as well as the physical and psychological impact of displacement on children. It was also concerned at the potential negative impact of segregated schools on internally displaced children. The Committee recommended that Georgia give the highest priority to the protection of the rights of internally displaced children and incorporate the Guiding Principles on Internal Displacement in the legislation and policies of the State party. (Paragraph 13)

The humanitarian response to the crisis in August focused on the provision of essential support to the new group of internally displaced persons across Georgia, including to some 36,600 IDPs in 382 collective centres in Tbilisi. Much of the initial concentration of the IDPs in Tbilisi was dispersed through a secondary movement from Tbilisi to the Shida Kartli region (the main town of which is Gori) where some 7,200 persons were accommodated in a tented camp, in collective shelters, and in host families. UNHCR played a prominent role in ensuring that the key protection and assistance needs of the IDPs were being addressed promptly and effectively, including prioritising physical safety at the beginning of the emergency and supporting the Government with prompt and accurate registration in order to develop an appropriate response. Throughout the initial period following the outbreak of hostilities and the movement of displaced persons, UNHCR acted as lead agency and, together with its partners, worked to ensure monitoring of protection concerns regarding population movements, living conditions in shelters and general needs, response to special needs, especially those of pregnant women, flight histories and traumatising experiences, security concerns, the voluntary character of returns, enrolment of IDP children in schools, and the conditions in return areas. (Paragraph 23)

The response in Georgia was rapidly organised through a Humanitarian Coordination Group, comprising United Nations agencies, international organisations, NGOs, Government and donor representatives. Using in-country stocks, relief supplies were delivered mainly to the affected populations in and around Tbilisi. UNHCR also set up and managed the tented camp in Gori where at its peak some 2,500 IDPs were accommodated. The Italian Red Cross provided a field kitchen. The Representative visited a kindergarten that accommodated IDPs in Gori, as well as the well-organised camp which provided the basic humanitarian requirements. In their discussions with the Representative the key concerns raised by IDPs living in the camp related to their uncertainties as to the possibilities of return, the state of their homes and security conditions for return once the Russian forces retreat from the buffer zone. Only a few weeks after the Representative’s visit, UNHCR reported on 17 October that the camp had been closed as a result of the return of a significant number of IDPs following the withdrawal of Russian troops. (Paragraph 24)

During his discussion with IDPs, the Representative learned of several concerns regarding access of IDP children to schools, including fears that they would be segregated from other children. He received information that there was limited coordination in assigning new IDP children to local schools and that those in collective centres had not been accepted in local schools. Several IDPs he met in collective centres indicated an overall lack of textbooks and basic school equipment. The Representative welcomes the fact that the JNA includes provisions for the education sector to ensure that all internally displaced children and children directly or indirectly affected by the conflict enjoy full access to education. It similarly highlights the need for programmes to address the psychosocial needs of IDP children who suffer from the trauma of violence and separation from their homes. (Paragraph 38)

The Representative urges the Government of Georgia to take all possible measures, without discrimination, to ensure protection of all human rights for the internally displaced population from or living inside the conflict-affected areas. He would like to recall that internally displaced persons, as citizens of Georgia, are entitled to the full protection of human rights available to the population of Georgia by virtue of the obligations Georgia has accepted under relevant human rights treaties, including the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights and the European Convention on Human Rights, and that Georgia should refrain from any measures that may negatively affect the enjoyment of the human rights of displaced persons and returnees as spelled out in the Guiding Principles on Internal Displacement in areas not under the control of the Georgian authorities. Also, as regards the question of the recognition of civil acts carried out by the de facto authorities, such as the issuance of birth, marriage or death certificates, the invalidation of such acts as provided for by the law would have a serious impact on the effective enjoyment of human rights by the population living in the conflict-affected areas, in violation of Georgia’s obligations under international human rights treaties, notably the Convention on the Rights of the Child. (Paragraph 56)

Country visit: 21 and 24 December 2005
Report published: 24 March 2006

The Representative was shocked by the miserable living conditions of many IDPs. While poverty is widespread and unemployment very high throughout Georgia, IDPs generally suffer disproportionately. They have limited access to land, housing and employment, and are therefore more susceptible to poverty than the rest of the population. Many have no income of their own and are dependent on the Government’s financial allowance of around US$ 6 per month, which is insufficient to afford the minimum monthly food basket or other basic necessities, buying just half a pound of bread per day. Studies maintain that the overall health status of IDPs is worse than that of the population at large, and that IDPs in rural areas have very limited, if any, access to the free-of-charge health services, as ensured to vulnerable categories of IDPs by the Law of Georgia on Forcibly Displaced Persons. Furthermore, IDP children are increasingly illiterate, and some of the remaining schools attended by displaced children only lack resources. (Paragraph 29)

Little information is available about the more than half of IDPs in Georgia who have been accommodated with host families since their flight. Civil society representatives informed the Representative that living space for IDPs and their children in host families has often been extremely overcrowded for many years, which has led to further impoverishment, interpersonal tensions, and negative effects on the psychosocial development of children. Since the 1998 fighting and destruction, no United Nations agency or other international organisation has provided shelter support to returnee families in Abkhazia. (Paragraph 30)

Some 96,970 IDPs (43.76 per cent of all registered IDPs) are living in one of the more than 1,500 remaining collective accommodation centres. The abject poverty in these centres is, by contrast to the situation of IDPs living in host families, well-documented and familiar also to the Government. Around 70 per cent of these centres do not meet minimum standards, with inadequate access to clean water, unsafe electric systems, and insufficient insulation. The Representative visited some of these centres where IDPs have been living for over a decade, often without receiving any support from the Government or the international community. He was concerned about the absence of running water in some of the places he visited, the badly unhygienic conditions and the exposure of inhabitants to the cold, as no repairs to doors, windows and crumbling walls had been undertaken. The Representative hence concluded that these conditions were clearly not in accordance with the right to an adequate standard of living, including the right to adequate housing, as provided for by guiding principle 18. On top of that, some collective centres were located in relative isolation, forcing children to walk several kilometres to school and complicating access to health care particularly for the elderly. (Paragraph 31)

The Representative: (c) Calls on the Abkhaz de facto authorities to respect the right of returning IDPs to use their own language, including in educational institutions, as enshrined in guiding principle 23 of the Guiding Principles on Internal Displacement. He further calls on the authorities concerned to avoid interruptions and disturbances of the education of IDP and returnee children, and make the necessary budget allocations; (Paragraph 49)

Country visit: 13 to 17 May 2000
Report published: 25 January 2001

Of the current internally displaced population in Georgia, an estimated 55 per cent are women, 36 per cent are children and 11.5 per cent are more than 63 years of age. (Paragraph 22)

In the area of health also, internally displaced persons, in common with the local population, face a number of problems in terms of ailments and of access to health services. Iodine deficiency disorders, for instance, are a common problem throughout Georgia and, indeed, much of the Commonwealth of Independent States (CIS). A 1996 survey of 30,000 schoolchildren, commissioned by UNICEF found iodine deficiency in 64 per cent of the surveyed population.25 Severe iodine deficiency in utero causes severe mental retardation or cretinism. Consumption of iodised salt is considered the most effective way of ensuring an adequate intake of iodine. Yet an IFRC survey found that most households, internally displaced and local alike, used salt that either was not iodised or contained an inadequate quantity of iodine. (Paragraph 49)

However, in addition to sharing many health problems common to the general population, internally displaced persons are also more susceptible to certain types of problems resulting from their displacement and the circumstances leading to it. Most notably, the Save the Children Fund Survey found that physical disability was more prevalent in internally displaced persons’ households than in the local population. Injuries suffered during conflict and flight provide a partial explanation for this discrepancy. But the survey also suggests that little or no access to health-care services during the conflict and soon afterward, low household income to pay for health care, medicines and treatment, and poor living conditions also are factors which have resulted in a higher rate of physical limitation among internally displaced children. (Paragraph 50)

Regarding nutritional status, a 1998 IFRC survey of internally displaced children in western Georgia found that, although the prevalence of acute malnutrition was low, there was a high rate of chronic malnutrition, manifested by stunted growth. A diet of poor quality, that is one particularly low in biological protein and micronutrients even though it may have an adequate energy content, accounts for these results. (Paragraph 51)

Improve the living conditions of displaced persons. The Government, the international community and civil society should work together to improve the current living conditions of the displaced, especially those in collective centres. In particular, efforts should be made to encourage the relocation of internally displaced persons, especially those living in hospitals and dilapidated hotels, so that their lives and those of their children can be improved. (Paragraph 130 v)

In Georgia, the first nine grades of education are compulsory and free. For higher grades, fees of between 10 and 15 lari a month are required of about 70 per cent of students, while the remainder, selected on the basis of merit, are exempt from fees. As with public services, the extent to which internally displaced children and adolescents attend public schools versus those established by the Government in Exile appeared to vary, with most internally displaced persons queried replying that their children were not prevented from attending public schools. Where the opposite is true, UNICEF informed the delegation that it was working with the authorities to promote an inclusive education system enabling the integration of internally displaced children into the normal education system. (Paragraph 55)

However, lack of school supplies, proper clothing and shoes were cited as factors leading to internally displaced children and adolescents failing to attend school. According to a resident of one collective centre visited, these factors accounted for reportedly only half of the 400 internally displaced children living there attending school regularly. As education is so essential to a child’s, and indeed a country’s, development, support must be provided to ensure that children receive the basic supplies required to attend school. (Paragraph 56)

Absenteeism was also attributed to the fact that increasing numbers of internally displaced children have to resort to begging and even criminality in order to assist their families to survive. Supporting income-generating activities for their parents is thus also essential for ensuring education and enhanced future economic prospects for children. (Paragraph 57)

Principle 23 of the Guiding Principles on Internal Displacement affirms that the authorities concerned should ensure that internally displaced persons receive education which respects their cultural identity, language and religion. Furthermore, the Convention on the Rights of the Child recognises, in article 29.1 (c), that a child’s education shall be directed, inter alia, to the development of “his or her own cultural identity, language and values”. General reference was made to the content of these provisions when the Representative raised the issue of language of education policy with the de facto “President” of Abkhazia. The Secretary-General subsequently reported to the Security Council that there have been “signs that the Abkhaz authorities are taking a more pragmatic and flexible view on the use of the Georgian language in Gali district schools”, pointing out that “[s]uch issues, relating to the education of children, are significant for the decision-making by displaced families considering a return to their former homes”. (Paragraph 81)

In the light of the conditions of the internally displaced, as briefly highlighted above, it is not surprising that mental health concerns also arise. Indeed, they are acute and thus deserve special attention. The traumatic experience of displacement and the conditions of conflict and serious human rights violations in which it occurred, the overcrowding in the collective centres, the dramatic change in lifestyle and living standards associated with displacement (especially for persons from Abkhazia, which was one of the most prosperous regions of Georgia), the sense of dependency created by limited ability to lead productive lives, the years on end of uncertainty concerning their future and their perception of themselves as second-class citizens pose tremendous challenges to the mental health of internally displaced persons. Local NGOs, who have the most direct contact with the displaced, often mentioned psychosocial needs as among their primary concerns regarding the internally displaced. The detrimental effect that the protracted displacement has had on children was noted as being of particular concern. (Paragraph 70)

The prevalence of mental health problems among the internally displaced and the impact that these have on the pursuit of possibilities to improve their living conditions and on the preservation of the family unit calls for comprehensive programmes addressing psychosocial needs. To be sure, a number of such initiatives already exist. For example, an important focus on addressing the psychosocial needs of internally displaced children is provided through the UNICEF programme for training professionals to address the psychosocial needs of children, as well as through the community-based programming run by the United Nations Volunteers (UNV) in cooperation with local NGOs. However, it was suggested that the number of programmes in place is still insufficient to address the magnitude of needs: additional such assistance is required. (Paragraph 73)

Support programmes to address psychosocial needs. The high incidence of mental health problems among the internally displaced and the impact that these have on the pursuit of possibilities to improve their living conditions and on the preservation of the family unit call for comprehensive programmes addressing psychosocial needs, and paying special attention to those of internally displaced children. (Paragraph 130 ix)

Inadequate birth registration

UN Committee on the Rights of the Child (Concluding Observations, June 2008)

The Committee welcomes the progress achieved with regard to birth registration rates due to the simplification of the birth registration procedure in 2003 and that birth registration is now free-of-charge. However, the Committee remains concerned that large numbers of children belonging to minority groups, as well as internally displaced and refugee children are still not registered at birth.

The Committee recommends that the State party continue and strengthen its ongoing efforts to establish institutional structures, for example through the use of mobile registration centres, in order to ensure full birth registration throughout the country. The Committee recommends, in addition, that information campaigns be used to inform the population of birth registration requirements. (Paragraphs 27 and 28)

UN Committee on the Elimination of Racial Discrimination
Last reported: 16 and 17 August 2011
Concluding Observations: 2 September 2011

The Committee is also concerned that a large number of children, in particular from minority groups in remote parts of the country, have not been registered at birth and do not have birth certificates. (art. 5).

The Committee recommends that after the 2012 census, the State party provide it with disaggregated information on the composition of society, including on persons belonging to numerically smaller minorities, the inhabitants of the Autonomous Republic of Ajara as well as IDPs and refugees, as well as information regarding their access to health and in particular on infant and maternal mortality among minorities, their level of income, their representation in important State jobs and disparities with regard to education. The Committee recommends that the State party take all the necessary measures to register the births of children, in particular those from minorities, born in remote parts of the country and provide them with birth certificates. (Paragraph 19)

Inadequate funding, regulation and monitoring of alternative care institutions

UN Committee on the Rights of the Child (Concluding Observations, June 2008)

While welcoming the progress achieved under the 2005-2008 National Plan of Action on the Protection of Children and De-institutionalisation, the Committee remains concerned about the current state of institutional care and the pace of reunification of children with families. Furthermore, the Committee, while noting the adoption in 2006 of the national standards of childcare for alternative care institutions, remains concerned at the number of children in institutions which are neither state funded nor regulated. The Committee is also concerned about the absence of any state mechanism monitoring and providing follow-up assistance for those leaving institutional care.

The Committee recommends that the State party expedite the de-institutionalisation programme, including reunification with families and the recruitment of foster parents. At the same time, the Committee recommends that the conditions in existing institutions be improved in the areas of nutrition, sanitation, training of staff, monitoring and visitation, complaint mechanism and periodic review of placement, in conformity with article 25 of the Convention. The Committee also recommends that all institutions providing alternative care to children be regulated by the State and requests that the State party specifically report on its efforts to regulate all institutions and the number of children in their care. The Committee further recommends the State party to consider introducing measures to ensure and provide for follow-up and after-care to young persons leaving care centres. (Paragraphs 36 and 37)

Universal Periodic Review (January 2011)

P - 106.22. Ensure the rights of the child, with attention to the Guidelines for the Alternative Care of Children (Brazil) (pending)

Early marriage and sex selective abortions

UN Human Rights Committee
Concluding observations issued: 28 August 2014
                  
While welcoming the steps taken by     the State party to promote gender equality, including the adoption  of the Law on Gender Equality (2010) and of the National Action Plan  for Gender Equality for 2014-2016, the Committee remains concerned  about  the number of cases of early marriage and the practice of sex-selective abortions of female foetuses (arts. 2, 3, 23, and 26).                    
The State party should step up its measures aimed at ensuring gender equality, including by:
                  
Combating early marriage, including by pursuing community awareness-raising strategies focusing on its negative consequences. Combat the practice of sex-selective abortions, including by monitoring the scale of this phenomenon, addressing its root causes and long-term implications for the society, expanding and improving family planning services and carrying out awareness-raising activities on the detrimental impact of sex selection and on the equal value of girls and boys. (Paragraph 7)

UN Committee on the Elimination of Discrimination against Women
Concluding observations issued: 24 July 2014

While noting the new State programme on universal health care that provides health insurance to all citizens free of charge, the Committee remains concerned about the high number of sex-selective abortions, as reflected by the sex ratio of newborn children. (Paragraph 30)
                  
While acknowledging that, under the Civil Code, the marriage of a person below 18 years of age is void, the Committee notes with concern:
    (a)    That article 1108 of the Civil Code, which allows for the marriage of a person at 16 years of age in exceptional circumstances with the consent of the parents or other statutory representatives or by decision of a court if there are legitimate reasons, provides room for forced child marriage;
    (b)    The continuing practice of unregistered marriage, including by the Orthodox Church, which leaves women in such marriages in a vulnerable economic situation and may also result in impunity for sexual intercourse with a person below 16 years of age.
The Committee urges the State party:
    (a)    To amend the Civil Code to allow marriages between 16 and 18 years of age only by judicial authorization in exceptional circumstances and to ensure that such court decisions are made only upon expressed consent by a child in person before the court so that this does not result in forced marriage;
    (b)    To prevent the practice of unregistered marriage and, if such marriages occur, to ensure that they are not used to sexually abuse girls below 16 years of age. Furthermore, the State party should take all legislative measures necessary to safeguard the economic rights of women in such marriages. (Paragraphs 36 and 37)
 

Articles: 
Article 3: Best interests of the child
Article 19: Protection from abuse and neglect
Article 20: Protection of a child without family
Article 22: Refugee children
Article 23: Children with disabilities
Article 24: Health and health services
Article 25: Periodic review of placement
Article 26: Social security
Article 27: Standard of living
Article 28: Education
Article 29: Aims of education
Article 30: Children of minorities or of indigenous peoples
Article 32: Child labour
Article 35: Sale, trafficking and abduction
Organisation: 
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