GEORGIA: 2009 WORST FORMS OF CHILD LABOR REPORT

UNCLAS TBILISI 000201

DEPT FOR EUR/CARC, EEB, DOL/ILAB for TINA MCCARTER and DRL/ILCSR for
TU DANG

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E.O. 12958: N/A
TAGS: ELAB EIND ETRD PHUM SOCI USAID
SUBJECT: GEORGIA: 2009 WORST FORMS OF CHILD LABOR REPORT

REF 08 STATE 131997


1. Summary: Child labor is uncommon in Georgia because of societal
norms, legal prohibitions against it and high unemployment has
resulted in a large pool of adult workers willing to work for low
wages. There have been no reported cases of forced child labor or
exploitive child labor. While child labor is not considered a
problem, there is no official source of data on the extent of child
labor in Georgia. Georgia does not have a comprehensive policy
aimed at eliminating the worst forms of child labor, but has legal
prohibitions against exploitive labor practices and implements a
number of programs to improve educational opportunities for
disadvantaged youth and social programs to help street children.
Russia's August 2008 invasion of Georgia led to both internal and
external displacement of large numbers of people, including
children. Efforts of the Government of Georgia and international
donor organizations were directed towards reducing the negative
effect of the war on children, especially Internally Displaced
Persons (IDP). End Summary.


Prevalence and Sectoral Distribution of Exploitive
Child Labor: Street Children



2. In general, the employment of minors under the age of 16 is not
considered a problem in Georgia given the high rate of unemployment
and concurrent availability of an adult labor force willing to work
in low paying jobs. The most visible form of child labor is street
begging in Tbilisi. Many of these children are ethnic Roma.


3. The number of so-called street children is not considered to be
high and is decreasing year-by-year. According to a 1999 UNICEF
study, there were an estimated 2,500 children living and working in
the street. A 2007-2008 study by the NGO Save the Children
indicates that the number has decreased to around 1,500.


4. In May 2006, at the initiative of the Georgian Parliament, the
Street Children Working Group (SCWG) was established by Save the
Children, with the participation of government and non-governmental
organizations with the aim of studying social conditions that lead
to street children; collect more accurate data; and develop
recommendations and appropriate programs to reduce their numbers and
address their problems.


5. The study reveals that street children in Georgia are a
manifestation of numerous socio-economic problems vulnerable
children and their families encounter in the country, rather than a
stand alone phenomenon. In general, street children in urban areas
are primarily boys, 5 to 14 years of age, who mostly sustain
themselves by begging. They are on the street mainly during
daylight hours without an accompanying adult, although most of them
have at least one parent and other relative(s) with whom they live.
The majority of street children in Georgia are attempting to make
money to sustain themselves and their families. Most of them
utilize one or two major income generating strategies. The most
prevalent are begging, especially among younger children and girls,
and through menial tasks such as petty trade, carrying goods,
collecting glass or scrap metal, and car washing. Cases of
commercial sex work are rarely reported.


6. School enrollment rate in general is very high in Georgia.
According to Ministry of Education and Science, it was 95 percent
for primary/basic and 76 percent for secondary schooling in 2007.
However, around one-half of the street children in Georgia are
illiterate. Begging typically excludes the possibility to go to
school, while 20 percent of working children still try to combine
Qschool, while 20 percent of working children still try to combine
school enrollment with economic activities.


7. Agricultural activities on family farms are common. Many minors
under the age of 16 work and perform chores on small family-owned
farms in rural areas, though this activity is not considered harmful
and is not governed by labor legislation. Currently, the GoG lacks
any mechanism that would allow reasonable assessment of numbers or
working conditions for these children.


8. In 2007 the Association of Employees of Georgia conducted a
survey of "Child Labor in the Agricultural Sector" to study the
effect of employment on the development of working children in
agriculture, namely, fruit growing. The survey interviewed 200
households; both parents and children. The main employment
practices included care of sister/brother and other family members,
cleaning/tidying up the yard, feeding domestic animals, chopping
wood, soil cultivation and gathering the harvest. Almost all such
children worked only in their own households. The study focused on
issues such as the effect of employment on children's health and
education. Only one in ten children said that employment hinders
them from studying. However, the study observed a negative impact
on children's health. Adolescents who are involved in agricultural

sector get sick more often than other children. The study did not
confirm a hypothesis that working children are less involved in
social activities.

Laws Proscribing Child Labor


9. Georgia does not have a separate set of laws governing child
labor. Provisions related to child labor are included in the
general Labor Code, which entered into force in June 2006 and no new
laws and regulations have been enacted since then.


10. Article 4 of the Labor Code specifies that the minimum age for
employment in Georgia is 16. This minimum age is consistent with
completion of mandatory educational requirements, as both primary
and basic education in Georgia are compulsory from age 6 or 7 to age

16. Minors under 16 are permitted to work only with the consent of
their parents or guardians and if the employment does not conflict
with the minor's interests; namely that it does not affect his
moral, physical, or mental development and does not limit his right
to mandatory education.


11. Under the Code, it is prohibited to employ a minor under 16 for
the performance of hard and hazardous work. It is also prohibited
to employ a minor under 16 for work related to gambling, night
entertainment institutions, or for the production, carriage or sale
of pornographic products, pharmaceutical or toxic substances.
Employment of children under 14 is allowed only with regard to
sports, arts and cultural activities, as well as for advertising
purposes.


12. According to Article 35 of the Code, an employer is required to
provide all employees with working conditions that are safe for the
employee's life and health. To meet the requirements of ILO
Convention 182, the Healthcare and Social Security Ministry of
Georgia issued a regulation in May 2007 defining "hard, hazardous
and worst" forms of labor. The regulation also contains a
classification of labor conditions by industry factors and hazardous
effects. ILO experts, based on a complaint from Georgia's Trade
Unions, note a discrepancy between Georgian law and ILO Convention

138. The ILO convention mandates that hard, unhealthy and hazardous
work be prohibited for children below the age of 18, while the Trade
Unions assert that Georgian law bans it only for children under
16.The Georgian government's official position is that according to
the Article 4, paragraph 1, children are able to work at the age
16,; however, the same article prohibits employment of a minor in
hard, hazardous, and worst forms of labor. The article when read in
conjunction with another Georgian article which defines minors as
individuals under age 18 effectively prohibits such employment.



13. In Article 18 of the Code, employment of a minor during night
hours, defined as from 10:00 pm to 6:00 am, is prohibited.
According to Article 39 of the Code, a parent or guardian of a minor
or a legally authorized state body may demand the termination of a
labor contract concluded with a minor if continuation of the work
might damage the life, health and other vital interests of the
minor.

Regulations for Implementation and Enforcement of Proscriptions
against Child Labor



14. Article 171 of the Criminal Code of Georgia imposes punishment
for involving a minor in the following activities:

-- Persuading a minor into begging or any other anti-public activity
is punishable by community service or by imprisonment for up to two
years in length.

-- Involving a minor in prostitution without violence, threat of
violence or deception is punishable by imprisonment from two to five
years in length.

-- involving a minor in abuse of an intoxicant or any other medical
Q-- involving a minor in abuse of an intoxicant or any other medical
substance is punishable by probation for up to three years, or by
imprisonment for up to three years.


15. The criminal code prohibits the employmnt of a minor in
prostitution, production of pornographic material or presentation.
Also, according to Article 255 of the Criminal Code, the production,
sale, distribution or promotion of a pornographic work containing an
image of a minor is punishable by fine, by community service for up
to three years, or by imprisonment for up to three years. Article
255 also imposes a prison term from 2 to 5 years for involving a
minor in the production of pornographic material. If any of the
above violations are committed by a business or organization, the
punishment includes fines and removal of operating permits.


16. A legislative initiative that was supposed to be passed by
Parliament in 2009, was drafted in 2007, by a group composed of
representatives of international donor organizations, Georgia's
largest internet providers, the prosecutor's office, parliamentary
staff, the Georgia National Communication Commission, foreign
experts and UNICEF. The legislation is designed to improve the
ability of the Ministry of Internal Affairs and Prosecutor's office
to combat child pornography. The law would complement existing
legislation and criminalize the possession, distribution, production
and advertising of child pornography. It would also provide
protection for the identity of the victims, witnesses and the
accused, and would impose punishment on media sources for disclosing
such information. The draft provides for removal of the child from
a harmful situation and his or her placement in the best possible
environment. The draft law was submitted for Parliament's approval
early in 2008; however, because of the Georgia-Russia war of August
2008 and related political and economic crisis, the hearing of the
draft law was postponed and remains pending.

Laws Proscribing Trafficking of Minors



17. Article 1432 imposes punishment for trafficking minors.
Purchase or sale of or conducting an illegal transaction in relation
to a minor as well as winning over, carriage, concealment, hiring,
transportation, handover, providing shelter or receipt of such minor
for exploitation shall be punishable by imprisonment from eight to
twelve years in length, with deprivation of the right to hold office
or engage in a particular activity for the term of one year. The
same action committed by abusing one's official position, or against
the one being in a helpless condition or the one being dependent on
the criminal materially or otherwise, knowingly by the criminal
shall be punishable by imprisonment from eleven to fifteen years in
length, with deprivation of the right to hold office or engage in a
particular activity for the term of two years.
The same action committed a) repeatedly, b) by coercion, blackmail
or deception, c) against two or more minors, d) by taking the victim
abroad, e) under violence dangerous for life or health or under
threat of such violence - shall be punishable by imprisonment
ranging from fourteen to seventeen years in length, with deprivation
of the right to hold office or engage in a particular activity for
the term of three years. The sentence increases to twenty years
imprisonment if the crime is committed by an organized group.


18. Although Georgian legislation is in compliance with
international anti-trafficking standards, the Government of Georgia
continues to adopt further regulations for the effective
implementation of the existing laws. Decree of the President of
Georgia N46 of January 20, 2009, adopted the "2009-2010 Action Plan"
on the Fight against Trafficking. The Action Plan underlines the
necessity of prevention and prosecution of the given crime and
protection of witnesses. It envisages a clear monitoring system,
where each state agency is obliged to report (once in 3 months) to
the Permanent Interagency Coordination Council on the measures
undertaken for the implementation of action plan. The Action Plan
envisages various important measures to be taken for the fight
against trafficking in minors and prevention of the crime. In
particular:

--Awareness of minors regarding the risk of trafficking though
educational programs in public schools.

--If necessary, research on trafficking in minors, particularly
looking at the reasons of trafficking.

Q
--Training law-enforcement officials on trafficking in minors;

--Training lawyers/attorneys on the protection of victims of
trafficking in minor.


19. In 2006, Georgia has ratified the Protocol to Prevent, Suppress
and Punish Trafficking in Persons, Especially Women and Children
Supplementing the UN Convention against Transnational Organized
Crime (Palermo Protocol). On November 24, 2006, the Georgian
Parliament ratified the Council of Europe Convention on Fight
against Trafficking in Human Beings. Georgia was the 5th state to
ratify the Convention.

Institutions and Mechanisms for Enforcement

A) Hazardous Child Labor / Forced Child Labor


20. The Office of Labor Inspection within the Ministry of Labor,
Health and Social Security, which was previously charged with
identifying labor violations, receiving complaints and determining
compliance with labor laws and regulations, was disbanded in 2006.
In its place, a Labor Department was created at the Ministry to deal
with labor violations and define state policy in that regard. In
2008 the Labor Department was also eliminated as a consequence of
restructuring process at the Ministry, as well as Georgian
government's decision to minimize labor regulations. There is now a
Department for Social Protection under the same ministry, which
includes the sub-department for Child Protection and Social
Programs, which employs 12 specialists. The latter is mainly
concerned with such policy issues as child adoption, foster care,
rights of children, etc, including child labor. The given
sub-department reports that it has not received child-employment
related complaints in 2009. The policies that are developed by the
sub-department are implemented by the Social Service Agency under
the same ministry through the mechanism of social workers. In the
event a violation of child labor laws is found to have occurred,
Article 42 of the Administrative Violations Code empowers the courts
to impose sanctions on the employer.


21. At the Ministry of Health and Social Affairs, one deputy
minister focuses on labor issues; there is also a special advisor to
the Minister for labor issues. The Ministry monitors adherence to
accepted labor standards and drafts proposals for changes it deems
necessary. The Parliamentary Committee of Health and Social
Security has general oversight over labor policy and considers labor
related proposals submitted by the Ministry.


22. According to the Georgia's Prosecutor's office, there were no
cases initiated under the articles governing child labor.

Institutions and Mechanisms for Effective Enforcement -
Child trafficking



23. The State Fund for Protection and Assistance of (Statutory)
Victims of Human Trafficking (VoT) was under the Ministry of Labor,
Health and Social Protection is intended to protect, assist and
rehabilitate the victims of human trafficking, including children.
The State Fund employs 27 persons and receives information on
trafficking cases from law-enforcement agencies, as well as the
NGOs, the Public Defender's office and other sources. The Fund has
two shelters for VoT. The first shelter started functioning in
summer of 2006 in the region of Ajara. A second shelter was
established in September 2007 in Tbilisi.


24. The Shelter provides the following services:
--A secure place of residence with decent living conditions;
--Food and clothes;
--Medical assistance;
--Psychological counseling;
--Legal assistance and court representation (including filing
complaints, appearing in court proceedings as a witness, requesting
asylum, obtaining documents for returning to the country of
origin).
--Providing information in the language the victim understands;
--Participation in the long-term and short-term programs of
rehabilitation and reintegration.


25. Each shelter has a social worker that provides relevant services
to victims of trafficking.


26. According to the Georgian Prosecutor's Office, there was one
case registered in September 2009 initiated by the Special Operative
Department of the Ministry of Internal Affairs of Georgian under
article 143a of the criminal Code of Georgia on child trafficking.
The investigation is ongoing and therefore no prosecution has been
initiated. The State fund confirms that there was only one case of
child trafficking reported in 2009 (17-year old girl, victim of
forced labor). The victim has been placed and still remains in a
designated shelter while the investigation proceeds.



27. Coordination of anti-trafficking activities, including child
trafficking, is implemented by different agencies and is ensured by
the Interagency Coordination Council which was established based on
a statutory mandate as a result of the2006 law on Combating Human
Qa statutory mandate as a result of the2006 law on Combating Human
Trafficking. Apart from the representatives from state agencies,
the Coordination Council consists of representatives from
not-for-profit legal entities and international organizations
working in the field, representatives from mass media and relevant
specialists and scientists.


28. The Ministry of Justice of Georgia, including the Office of the
Chief Prosecutor maintains a hotline for reporting on any human
rights abuses including trafficking cases. Information on the hot
line and a downloadable anti-trafficking banner is available on the
website of the Ministry of Justice of Georgia:
(http://www.psg.gov.ge). In 2009, two trafficking cases have been
reported to the Office of the Chief Prosecutor of Georgia through
the hot line.



29. The State Fund for Protection of and Assistance to (Statutory)
Victims of Trafficking in Persons retains the A-TIP hotline and a
website (http://www.atipfund.gov.ge/). Information in relation to
the hotline is also publicly available via public posters and social
advertisements on TV. In addition, the information regarding the
A-TIP hotline as well as the assistance provided by the fund is also
easily accessible on the website of the Ministry of Interior
(http://www.police.ge/index.php?m=426)
Law enforcement authorities are trained in human rights related
issues on a regular basis. The fight against trafficking represents
one of the main priorities in law enforcement and anti-trafficking
training which includes training on trafficking in minors, is
carried out on yearly basis.


30. On March 19-20, 2009, a training session was held at the Chief
Prosecutor's Office, concerning the investigation and prosecution of
the crime of trafficking. The training session was organized by the
Council of Europe and was attended by thirty prosecutors and
investigators. On April 7-8, 2009, a seminar was held on
inter-agency cooperation among law-enforcement agencies regarding
the trafficking of human beings. The training was organized with
the support of the International Labor Organization (ILO).
Twenty-four representatives of law enforcement agencies attended the
seminar.


31. Police officers of the Ministry of Iternal Affairs are trained
at the Police Academy and all officers undergo intensive training
and/or retraining courses at the Police Academy. The Basic
Preparation Course for Patrol Police includes training on
anti-trafficking activity, which covers general information on the
given crime, Georgian legislation in the field, information
regarding the victims of trafficking and measures of protection,
etc. Furthermore, the Ministry's officials and representatives
regularly participate in other trafficking related trainings and
seminars. In 2009 three such trainings and seminars were conducted
for the employees of the ministry under the umbrella of IOM, BSEC
(Black Sea Economic Cooperation Organization),UNODC and the Swedish
Institute.

Government Policies on Child Labor


32. The GoG relies on donor organizations to raise public awareness
and provide training activities on child labor-related issues. In
2005 and 2006, UNICEF sponsored a project, implemented by the NGO
World Vision, to support integration of street children into
society. A series of training sessions were provided to both NGOs
and government authorities and a public-awareness campaign was
conducted.


33. ILO does not have a national representative in Georgia, but it
opened a small office to coordinate its projects that focus on
anti-trafficking in persons (TIP) activities. The GoG has agreed
with the ILO to undertake an assessment of child labor. A Joint
Rapid Assessment issued by ILO, Save the Children and UNICEF focused
on conflict-affected (August war) children rather than on general
child population and their issues.


34. Between 2004 and 2009, Government funding for alternative child
care services increased almost 12 fold, from USD 480 thousand to USD
5.6 million. Since 2004, the number of state social workers
providing family support, reintegration and foster care services
increased from 51 to 193 (including 15 senior social workers),and
the number of children in state child care institutions decreased by
73.6 percent (from 5200 to 1370). Boarding schools have been
reorganized to give children the opportunity to integrate and study
at the public schools. The Government set national minimum
standards for family support and adopted family substitute services.
Qstandards for family support and adopted family substitute services.
The Government also provided Higher Education Grant programs for
children who have been deprived of care (full coverage of Tuition
and a stipend) and provided emergency assistance to families
(medical or other).



35. In 2009 the GoG continued implementing the following programs:

-- A program to support orphans and children deprived of parental
care that has six subprograms aimed at providing higher and
professional education to children who are graduates of child care
institutions, to assist with their socialization and integration
into society; assisting local government bodies with implementing
foster care; cash assistance to vulnerable families to prevent
abandonment of children; and improving equipment at children's homes
and boarding schools.

-- A Family Support Program aimed at consultation and psychological
service for socially vulnerable families and their children, and for
teaching handicrafts to 14-16 year olds;

-- Children's Village and Day Care Centers aimed at improvement of
conditions, educational opportunities and health care provisions for
abandoned and disabled children;

-- Reorganization of residential institutions in Tbilisi;


-- Government support for USAID, UNICEF and Save the Children's
Rebuilding Lives Project for street children, to use it for
designing an appropriate strategy to respond to problems of this
vulnerable group.

Social Programs to Prevent Involving
Children in the Worst Forms of Child Labor


36. There are several NGOs that provide social services to street
children. NGO - "Child and Environment" specifically focuses on
creating opportunities for removing these children from the street
(www.childandenvironment.org.ge). The NGO was set up in 1994 with
the assistance of donor funding has provided invaluable support
during the 15-year of its existence. Since 2004 "Child and
Environment" has received funding from the USAID, enabling it to
open and maintain one Night Shelter and three Day Centers (in
Tbilisi, Rustavi and Chiatura),which offer not only nutrition,
clothing and shelter to street children, but healthcare, educational
and arts programs, vocational training and psychological services.
In total, the NGO has been providing support to 350 street children
per day countrywide and can boast of multiple success stories of
relieving such children from begging and other inappropriate labor
and reintegrating back into a normal life. Other NGOs operating in
the same area are Beliki and Children of Georgia. World Vision and
Every Child fund several additional NGOs that also work in this
area. The GoG has recently introduced a voucher system through
which the street children will receive support from the NGOs;
however, there is a small percentage of street children whose
unclear legal status or lack of documentation has resulted in them
not receiving vouchers. USAID funding and technical assistance
focuses on working with the GoG and NGOs to fix this gap in voucher
program.


37. The GoG, through the Ministry of Education and Science, has made
education reform a priority and has significantly increased
expenditures for education over the past few years from 13.2 million
USD in 2003 to 305 million USD budgeted for 2010. In 2009, 187
million USD were allocated to support primary and secondary schools
(compared to 104 million in 2006) and around 210 USD is budgeted for
2010 for the same purpose. Reforms in the education sector have
focused on improving the quality of education, and te creation of
vocational-professional education opportunities. The GoG in 2006
provided funds for the construction of 34 new schools and complete
rehabilitation of 57 schools, thus improving learning conditions for
300,000 children. These programs further continued in 2007, 2008,
and 2009. Another GoG program focused on the computerization of
schools throughout the country, benefiting over 600 schools. USAID
has renovated 15 schools in Shida Kartli and is about to launch the
renovation of another 50 schools in ethnic minority areas in 2010.
However, hundreds of schools remain in need of repair.


38. Georgian legislation mandates compulsory primary and secondary
education (nine academic years in total) and provides this school
for free. Through various initiatives and programs the GoG has
started providing free books for new school entrants, as well as
free transportation for children in rural areas. However, the high
price of school books still remains a serious concern. In 2010 the
government has earmarked around 5 million USD for providing free
textbooks to the children of vulnerable families below the poverty
threshold.


39. In 2006, the Ministry of Education announced it was making
Q39. In 2006, the Ministry of Education announced it was making
vocational education a priority. Twelve centers of vocational
education were set up in different areas. Starting in 2006,
rehabilitation of vocational educational institutions began within
the framework of a presidential program. In 2008, the GoG allocated
5.2 million USD for financing operations vocational schools, in 2009
increased it to USD 5.8 million and plans to maintain the same level
in 2010. Another USD 1.4 million has been earmarked for
rehabilitating the existing vocational schools in 2010. The
vocational schools program aims at attracting students by providing
a quality education that corresponds to labor market requirements.
Industry interest and response to this new program has been very
positive. In the aftermath of the recent conflict with Russia, more
than $1.2 billion in reconstruction projects have been pledged by
the GoG and international donors. In July 2008, USAID launched a
$2.4 million vocational training program to link two vocational
centers in Tbilisi to employers in the tourism and light
construction sectors. USAID has increased the funding of its
current vocational 2-year training program to $4.1 million to train
approximately 5,000 Georgian workers in five vocational training
centers located in the three largest cities in Georgia. This will
help to fill job opportunities created by post-conflict
reconstruction projects as well as secondary support industries
through rapid, intensive courses that directly meet the needs of
employers. These training courses are open to adults and youths
above the age of 16 years.


40. As the lead coordination agency in the field of education,
UNICEF spearheaded an initiative to ensure that all children had
access to school at the start of the new academic year. This has
been done through coordination and oversight of activities in the
areas of rehabilitation and supplies for schools; registration of
internally displaced children in local schools; assistance to the
Ministry of Education and Science in providing alternative schooling
arrangements for communities where schools are being used as
collective centers; the provision of Mine Risk Education in schools
in conflict-affected areas; training and support for teachers and
staff from Educational Resource Centers and general support to the
Ministry of Education and Science. UNICEF and its partner
organizations are working with schools and municipal authorities to
ensure that the lack of documentation and undefined status do not
act as barriers to education for displaced children. UNICEF is also
working with the Ministry of Education and Science to deliver day
care activities and identify alternative preschool facilities where
local kindergartens are still occupied by IDPs.

BASS