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United Nations Committee on the Rights of the Child - States Parties Reports |
UNITED NATIONS |
|
CRC
|
|
Convention on the Rights of the Child |
Distr. GENERAL CRC/C/104/Add.1 28 April 2003 Original: ENGLISH |
COMMITTEE ON THE RIGHTS OF THE CHILD
CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES
UNDER
ARTICLE 44 OF THE CONVENTION
Second periodic reports of States parties due in 2001
GEORGIA[*]
[Original: Russian]
[29 June 2001]
CONTENTS
Paragraphs Page
Introduction 1 -
14 4
I. GENERAL MEASURES OF IMPLEMENTATION 15 - 44 6
II. DEFINITION OF
THE CHILD 45 - 49 11
III. GENERAL PRINCIPLES 50 -
79 12
A. Non-discrimination (art. 2) 50 - 63 12
B. Best
interests of the child (art. 3) 64 - 68 14
C. Right to life,
survival and development (art. 6) 69 - 70 15
D. Respect for the views of
the child (art. 12) 71 - 79 15
IV. CIVIL RIGHTS AND FREEDOMS 80 -
113 17
A. Name and nationality (art. 7) 80 -
81 17
B. Preservation of identity (art. 8) 82 -
84 17
C. Freedom of expression (art. 13) 85 - 87 18
D. Access
to appropriate information (art. 17) 88 - 91 18
E. Freedom of
thought, conscience and religion (art. 14) 92 - 98 18
F. Freedom of
association and of peaceful assembly (art. 15) 99 -
105 20
G. Inviolability of privacy (art. 16) 106 -
110 21
H. Right not to be subjected to torture or other cruel,
inhuman
or degrading treatment or punishment (art. 37.1) 111 -
113 22
V. FAMILY ENVIRONMENT AND ALTERNATIVE CARE 114 -
162 22
A. Parental guidance (art. 5) 114 - 115 22
B. Parental
responsibilities (art. 18.1-2) 116 - 119 22
C. Separation from
parents (art. 9) 120 - 122 23
D. Family reunification (art. 10)
123 - 125 23
E. Recovery of maintenance for the child (art. 27.4)
126 24
F. Children deprived of a family environment (art. 20) 127
- 138 24
G. Adoption (art. 21) 139 - 148 26
H. Illicit transfer
and non-return (art. 11) 149 - 150 28
I. Abuse and neglect
(art. 19), including physical and
psychological recovery and social
reintegration (art. 39) 151 - 159 28
J. Periodic review of placement
(art. 25) 160 - 162 30
CONTENTS (continued)
Paragraphs Page
VI. BASIC HEALTH AND
WELFARE 163 - 222 31
A. Survival and development (art. 6.2) 163 -
165 31
B. Disabled children (art. 23) 166 - 177 31
C. Health
and health care (art. 24) 178 - 195 33
D. Social security and
childcare services and facilities
(arts. 26 and 18.3) 196 -
201 40
E. Standard of living (art. 27.1-3) 202 -
222 41
VII. EDUCATION, LEISURE AND CULTURAL ACTIVITIES 223 -
250 45
A. Education, including vocational training and
guidance
(art. 28) 223 - 242 45
B. Aims of education (art. 29) 243 -
244 50
C. Leisure, recreation and cultural activities (art. 31) 245
- 250 50
VIII. SPECIAL PROTECTION MEASURES 251 - 299 51
A. Children
in situations of emergency 251 - 262 51
1. Refugee children
(art. 22) 251 - 258 51
2. Children in armed conflicts 259 -
262 54
B. Children in conflict with the law 263 -
275 55
1. Administration of juvenile justice (art. 40) 263 -
268 55
2. Children deprived of their liberty, including any
form of
detention, imprisonment or placement in
custodial settings (art. 37
(b)-(d)) 269 - 275 56
C. Children in situations of exploitation 276 -
293 57
1. Economic exploitation, including child
labour
(art. 32) 276 - 278 57
2. Drug abuse (art. 33) 279 -
284 58
3. Sexual exploitation and sexual abuse (art. 34) 285 -
292 60
4. Sale, traffic and abduction (art. 35)
293 61
D. Children belonging to minorities or an indigenous
group
(art. 30) 294 - 299 61
Annexes[*]
Introduction
1. The present document is Georgia’s
second periodic report, prepared pursuant to paragraphs 1 (c) and 3 of article
44 of the
Convention on the Rights of the Child (hereinunder “the
Convention”). The report covers the practical implementation
of the
provisions of the Convention by the State party over the period
1998-2000.
2. Georgia acceded to the Convention in June 1994 and in
January 1998 it submitted its initial report on compliance with the provisions
of the Convention, contained in document CRC/C/41/Add.4/Rev.1, to the Committee
on the Rights of the Child. As part of the process
of preparing and discussing
the report, in April 2000, Georgia submitted written replies to the list
of issues prepared by the Committee,
contained in document CRC/C/Q/GEO/1.
The initial report was discussed in May 2000 (see documents CRC/C/SR.619 and
620) and, following
that discussion, the Committee adopted its concluding
observations, contained in document CRC/C/15/Add.124, the text of which was
transmitted to the Government of Georgia.
3. In this second periodic
report under the Convention, efforts have been made to describe the steps taken
and the success achieved
by Georgia in giving effect to these concluding
observations.
4. At the same time, the Government of Georgia feels bound
to point out to the Committee that this second periodic report is being
submitted barely more than one year since the discussion of the initial report
and the adoption of the relevant concluding observations.
Given such a short
period, it would be unrealistic to expect any significant progress in
implementing the Committee’s recommendations,
particularly in respect of
any measures involving financial support.
5. Georgia’s second
periodic report under the Convention has been prepared by the Human Rights
Protection Service, headed by
the deputy secretary of the Georgian National
Security Council. The Human Rights Protection Service has been responsible,
since
January 2000, for the preparation of all the country’s official
reports on its implementation of international human rights
instruments and for
their submission to the appropriate treaty bodies.
6. The information
provided in the present report has been provided by the Ministry of Labour,
Health and Social Welfare; the Ministry
of Education; the Ministry of Internal
Affairs; the Ministry of Economics, Industry and Trade; the Ministry for Refugee
Affairs and
Resettlement; the Ministry of Justice; the Ministry of Internal
Affairs; and the State Statistics Office.
7. In compliance with the
Committee’s recommendations in paragraph 70 of its report, the Government
of Georgia has taken steps
to publicize the initial report and the
Committee’s concluding observations. The head of the Georgian delegation
participating
in the discussion of the initial report reported back to the
National Security Council, which is headed by the Georgian President.
Following
a discussion of the issues, the President decided that all materials relating to
the Convention and implementation of
its provisions in Georgia must be
published.
8. Given the current straitened situation of the Georgian
economy and the lack of central budget funds for such publications, the
Government appealed for assistance from the United Nations Children’s
Fund (UNICEF). With UNICEF support, in December 2000
a compilation was
published in the Georgian language on the implementation of the Convention
in Georgia, in a print-run of 1,000
copies. This compilation
comprises the following: the text of the Convention; Georgia’s initial
report under the Convention;
a parallel report prepared by Georgian
non-governmental organizations; the list of issues prepared by the Committee;
Georgia’s
written replies; the introductory statement made by the head of
the Georgian delegation at the time of the consideration of the report;
and the
concluding observations by the Committee. A copy of this compilation is
attached to the present report. We should also
point out that the first
official edition of the Convention in Georgian had already been prepared by
UNICEF, in cooperation with
the Government of Georgia, in
1999.
9. December 2000 saw the publication of yet another important
document, analysing the situation of women and children in Georgia.
This
publication demonstrates yet again the fruitful cooperation between UNICEF and
the Government. It undertakes to provide a
comprehensive analysis of trends in
the area of women’s and children’s health, survival and development
in Georgia.
The Convention was taken as the point of reference in assessing the
situation of children in our country. The analysis contained
in the document
provides a sound basis for the planning of measures to enhance the situation of
both women and children.
10. In January 2000, the United Nations
Secretary-General reminded all Member States of their obligation to assess the
progress made
in their countries since the World Summit for Children and to
report on the implementation of their relevant action plans. The reports
submitted by Member States would form the basis for a report by the
Secretary-General to the General Assembly at its special session
on children, to
follow up the World Summit for Children.
11. To assist the country in
meeting its international obligations in that regard, a preparatory committee
was set up in Georgia,
comprising four working groups on the main issues
addressed by the Convention, namely: the survival, development, protection and
participation of children. Each of these groups included representatives of the
various bodies involved with the problems of children
and
childhood.
12. In the preparation of the report, consultations were held
both with representatives of civil society and with children themselves.
A
significant contribution to the drafting of the text was made by UNICEF,
which was also represented on the preparatory committee.
In December 2000,
Georgia submitted its national report on follow-up to the World Summit for
Children to the United Nations. The
text of the report, which was drafted in
English, is attached to the present report. The information which it contains
will help
provide an additional source of information on the issues covered by
the Convention.
13. In April 1999, Georgia became a full member of the
Council of Europe, the first of the Caucasian States to do so and thereby
demonstrating
the Council’s recognition of the progress made by Georgia in
building a truly constitutional State. At the same time, Georgia
has taken an
increasingly responsible attitude to the recognition, upholding and
implementation of human rights. Georgia undertook,
within one year of its
admission to the Council, to accede to the Convention for the Protection of
Human Rights and Fundamental Freedoms,
which it signed on becoming a member of
the Council. Under the provisions of that Convention, Georgia recognized the
jurisdiction
of the European Human Rights Court.
14. During the period
under review, Georgia has acceded to yet another United Nations human rights
instrument - the International
Convention on the Elimination of All Forms of
Racial Discrimination - which it joined in June 1999. The country’s
initial
report on its compliance with the requirements of that instrument has
been submitted to the appropriate treaty body. The report
was considered by the
Committee on the Elimination of Racial Discrimination in March 2001. The
Committee has already conveyed its
concluding observations to the Government of
Georgia.
I. GENERAL MEASURES OF IMPLEMENTATION
15. In its concluding
observations (paras. 10 and 11), the Committee on the Rights of the Child
(hereinunder “the Committee”)
recommended that Georgia should
undertake a review of its legislation, with a view to bringing it closer into
line with the Convention
and to submitting proposals to Parliament on measures
to that end. It also suggested that the State party should consider the
possibility
of adopting a comprehensive code for children.
16. With
regard to these recommendations by the Committee, we may report that, in
December 2000, a document on harmonizing Georgian
legislation with the United
Nations Convention on the Rights of the Child was widely disseminated among the
public. This study was
conducted by an independent council of experts under the
Georgian Parliament. During this project, which was carried out with UNICEF
support, some 1,000 legal instruments applicable in Georgia were analysed for
their coherence with the provisions of the Convention.
The authors of the study
also suggested certain specific measures to bring Georgian legislation more
closely into line with the
Convention. The report on harmonizing Georgian
legislation with the Convention was circulated to the appropriate parliamentary
bodies,
including, in particular, the Subcommittee on the Protection of the
Mother and Child, as well as to other relevant governmental and
non-governmental
organizations.
17. Currently, the parliamentary Committee on Human
Rights, Petitions and the Development of Civil Society, assisted by independent
foreign experts, is working on the drafting of a legislative instrument on the
rights of the child. Although this process is still
in its early stages, it is
already clear that the new bill will be underpinned by the Convention. In fact,
the best interests of
the child are already protected under Georgian
legislation, as demonstrated by the country’s initial report. The
Government
is fully aware, however, that a great deal of work still remains to
be done and it is for that purpose that the new bill has been
prepared and
submitted for approval.
18. In addition, representatives of the official
Georgian bodies dealing with the welfare of children had further ample
opportunity
to explore the Convention’s provisions during a seminar on the
theme of implementation of the Convention in Georgia.
19. This seminar was held in November 2000 with the active involvement of
UNICEF, which invited Mr. Peter Newell, from the United
Kingdom, a leading
expert on the rights of the child, to conduct its work. During the seminar, a
wide range of problems relating
to the rights of children were discussed and the
participants agreed, among other things, on the need for an appropriate statute
to be developed in Georgia’s domestic law.
20. In its concluding
observations (paras. 12 and 13), the Committee recommended that the State party
should adopt a comprehensive
plan of action on the implementation of the
Convention, with particular emphasis on aspects of intersectoral cooperation and
coordination.
21. On 10 March 2001, the Georgian President issued
resolution No. 189, on the establishment of a State commission to develop a
central
national programme of action for the welfare of children. This
resolution states, in particular, that the need to develop such a
programme is
occasioned by certain shortcomings in the State’s approach to
children’s welfare work and also by the fact
that the responsibility for
children’s issues is shared among several different government
departments. For this reason, as
noted in the resolution, it is particularly
important to define an appropriate strategy for action to address
children’s problems.
22. This commission, to be headed in person by
the Georgian President, includes high-level officials from both the legislative
and
executive branches, representatives of non-governmental organizations,
clergymen and the representative of the UNICEF Caucasus area
office. As stated
in the resolution, the State commission is responsible for developing and
submitting, by the end of 2001, a central
national programme of action
for the welfare of children for the period 20022007, and for ensuring that
Georgian legislation relevant
to the welfare of children is gradually brought
into line, in the prescribed manner, with international conventions and other
agreements.
23. In its concluding observations (paras. 14 and 15), the
Committee recommended that the State party should step up its efforts to
establish a comprehensive data collection system, embracing all areas covered by
the Convention.
24. According to the Georgian State Statistics Office,
data on the situation of children in Georgia are, for the most part, collected
from population and household surveys and drawn from reports submitted by the
relevant departments, such as the Ministries of Labour,
Health and Social
Welfare, of Education and of Internal Affairs. Disaggregated information can be
obtained from the survey data
but not from the departmental reports. We should
also note that the collection and processing of population data and,
accordingly,
the objective analysis of the processes under way in this area are
considerably impeded by shortcomings in the country’s civil
registry
system and also by the fact that Georgia has not yet been able to conduct a
general population census.
25. In its concluding observations (paras. 16
and 17), the Committee recommended that the State party should take steps to
ensure
that its independent complaints mechanisms were accessible and friendly
to children. The Committee also recommended that the State
party should ensure
that there was adequate central budget funding for the ombudsman’s office.
In addition, it was recommended
that the ombudsman’s office should develop
a system of regional representatives.
26. As part of the current process of
reorganizing the Georgian ombudsman’s office, a children’s rights
centre is also
being set up with active financial support from UNICEF. The new
centre is planned to be up and running by June of this year. The
centre’s
functions will include an entire range of tasks relating to the implementation
of children’s rights, including
a public awareness-raising campaign; the
holding of seminars and training courses for officials involved with
children’s rights
and for teachers; sociological research to identify the
most serious problems affecting children, conducted with the involvement
of
competent specialists; and other measures. Among its functions, the centre will
also process complaints from individuals.
27. Under the planned
reorganization of the Georgian ombudsman’s office, a system of regional
representatives will be set in
place. These will have such duties as receiving
and processing complaints from local inhabitants and, where this is within the
regional
representative’s authority, independently investigating such
complaints. In this process, any decision by a regional representative
to
reject a complaint must be officially approved by the deputy ombudsman, who
serves as the head of the regional representative
system.
28. Information
on budgetary allocations for the ombudsman’s office may be found in the
ombudsman’s most recent report
on the human rights situation in Georgia
(for the period January-November 2000). In this report, the ombudsman points
out that the
office’s budget allocated by the Ministry of Finance for 2001
- some 119,000 lari - is manifestly inadequate for even the most
indispensable
outgoings. As a result, the ombudsman points out that there has been a drain of
qualified staff, leading to extremely
serious problems. In practical terms,
this has meant that, for the second year in a row, it would not have been
possible to acquire
the essential computer equipment and literature and to run
the scheduled seminars, training courses and other measures but for the
assistance provided by the United Nations Development Programme (UNDP)
under its support project for the Georgian ombudsman’s
office. The
ombudsman concludes with regret that a budgetary allocation of this kind shows
no evidence that the Georgian Government
and Parliament support his
institution.
29. In its concluding observations (paras. 18 and 19), the
Committee recommended that the State party should give priority attention
to
budgetary expenditure to uphold the economic, social and cultural rights of
children. The Committee also recommended that the
necessary steps should be
taken to improve the system of collecting taxes and to root out
corruption.
30. With reference to the Committee’s observations, it
should be pointed out that, in its written replies to the list of issues
relating to consideration of the country’s initial report under the
Convention, as mentioned above, Georgia has provided detailed
statistics of the
social assistance spending on children.
31. At the end of 1999, the
Ministry of State Income Tax was set up in Georgia, with a taxation department
and a customs department
as part of its structure. The Ministry’s primary
task is precisely to boost State revenue from taxation and to ensure that
a
balanced State policy is applied in this area. The country’s tax
collection system is still inadequate, however.
32. According to information provided by the Ministry of Economics, Industry
and Trade, social welfare continues to account for a
considerable - and growing
- proportion of State expenditure. Thus, in 1996, social expenditure (social
welfare, pensions, health
care, education, culture, sport and religion)
accounted for 7.6 per cent of the country’s gross domestic product (GDP)
and
it is expected to measure 7.9 per cent in 2000. Last year, State
expenditure in the social domain was as follows: 273.4 million
lari on social
security and welfare; 31.5 million lari on health care; 27.8 million lari on
education; and 19.1 million lari on culture,
sport and religion.
33. The
figures provided above are taken from the UNDP Human Development Report
2000 for Georgia. The sources cited for these figures are the Ministry of
Finance and the budget office of the Georgian Parliament.
If we compare these
figures with corresponding figures for 1999, we can see that - except for
expenditure on social protection and
welfare, where there has been a certain
increase - expenditure levels have declined in all areas.
34. The
Government has also taken a number of anticorruption measures. In June 2000,
the Georgian President issued a decree setting
up a working group to develop a
national anticorruption programme. The working group, headed by the president
of the Georgian Supreme
Court and comprising prominent public figures involved
in the anticorruption campaign, mapped out the general outlines of a national
anticorruption programme. A number of vital steps were still needed before the
programme could be fully implemented. To that end,
in March 2001, the President
issued another decree setting out priority measures to counter corruption. The
decree requires certain
ministries, departments and local authorities to take
specific steps against corruption and to report on their efforts to the Georgian
Minister of State.
35. In April 2001, by presidential decree, the
Georgian Anticorruption Coordinating Council was set up, under the personal
leadership
of the head of State. The Council’s statutes specify that its
membership, numbering 12, should include people of unimpeachable
reputation and
high standing, who enjoy the trust of the general public. The Council has the
status of a consultative body reporting
to the President of Georgia and its
tasks include developing a plan of action for a national anticorruption
programme and coordinating
implementation of the programme.
36. In its
concluding observations (paras. 20 and 21), the Committee recommended that the
State party should take measures to ensure
that the Georgian population, adults
and children alike, were fully informed about the Convention’s provisions
and principles.
37. In this connection, we draw attention once again to
the compilation published in Georgia on the implementation of the Convention,
prepared with the active support of UNICEF. A number of non-governmental
organizations are conducting projects among specially targeted
groups to raise
awareness of various aspects of children’s rights. Given the relatively
brief period that has elapsed between
the consideration of Georgia’s
initial report under the Convention and the submission of the present report, it
is still too
early to talk of any measurable results in the task of fully
incorporating the Convention into the syllabuses of educational establishments
at all levels.
38. Preliminary arrangements have been made with the
UNICEF regional office to have the text of the present report published as a
separate brochure, so that it is widely accessible to large numbers of people
involved with these issues.
39. In addition to the above information,
attention should also be drawn to a number of institutional reforms over the
period under
review which are of particular relevance to the task of upholding
the rights of children.
40. Following the parliamentary elections in
November 1999, there were significant changes in both the legislative and
executive branches.
The Subcommittee on the Protection of the Mother and Child
was set up as part of the parliamentary system, under the Health and
Social
Issues Committee. A division of population affairs, mother and child welfare
and family development was set up in the Social
Affairs Service of the Georgian
State Chancellery. This division is responsible for coordinating the work of
all governmental and
non-governmental organizations involved with women’s
and children’s rights, so as to ensure the proper protection of
women and
children throughout the country.
41. The former ministries responsible
for health and social welfare and employment have now been merged into the
single Ministry of
Labour, Health and Social Welfare, which combines the many
different functions of the various bodies described in Georgia’s
initial
report under the Convention.
42. Under the Children’s and Youth
Associations (State Support) Act, a children’s and youth development fund
has been
set up in the State Department for Youth Affairs, with the aim of
providing State support for non-governmental organizations covered
by this act.
Funding is provided for children’s and youth non-governmental
organizations from the central budget, on a project-by-project
basis. A council
made up of representatives of both government bodies and non-governmental
organizations has the task of deciding
which projects are to receive funding.
In 2000, 15,000 lari was allocated for project funding, but this amount was not
disbursed.
The amount available in 2000 is 30,000 lari and the selection of
successful projects will be made in the middle of the year.
43. In April
1999, the Georgian Children’s Federation, a legal entity under public law,
was set up by presidential decree, as
the legal successor of the
non-governmental organization with the same name. Under the statutes of the
Georgian Children’s
Federation, its primary tasks include:
− Yearly monitoring of the situation of children and young people in Georgia and the submission of relevant reports to the Georgian President (conducted in conjunction with the State Department for Youth Affairs);
− Organizing healthy leisure activities for children and young people and developing and implementing a presidential programme to that effect;
− Providing care for socially deprived children in various categories, etc.
The activities of the Georgian Children’s
Federation are overseen by a board of trustees, whose members include
representatives
of State bodies, prominent public figures, businessmen and
representatives of UNICEF and Save the Children.
44. Where the activities of non-governmental organizations are concerned,
attention should be drawn to the establishment in Georgia
of the Georgian NGO
Coordinating Council, which works both with and for children. The Council
represents some 35 different organizations,
most of which are to be found in
Tbilisi; non-governmental organizations are still not very active outside the
capital. Over the
reporting period, non-governmental organizations have
considerably stepped up their activities, particularly on various human rights
issues, but their potential in building civil society has still not been fully
tapped.
II. DEFINITION OF THE CHILD
45. In its concluding
observations (paras. 22 and 23), the Committee recommended that the State party
should enact relevant legislation
concerning the minimum legal ages for sexual
consent and medical treatment without parental consent.
46. With regard
to those observations, it should be noted that the relevant information on this
matter in Georgia’s initial
report under the Convention (paras. 27-33 and
36-55) continues to apply. With reference to paragraphs 34 and 35 of the
initial report,
we draw the Committee’s attention to the following
changes:
− Adoption in July 1999 of the new Criminal Code, the draft version of which was mentioned in the initial report and which has now entered into force;
− Inclusion, under the new Criminal Code, of the following as compulsory corrective measures: warnings; supervision orders; orders to pay compensation for harm caused; restrictions on movement; and placement in special educational or medical treatment establishments (art. 91, para. 1).
Articles 92-96 of the Code set clear parameters for the
compulsory corrective measures listed above.
47. In addition, the new
Criminal Code stipulates the criteria for determining whether or not an offence
is an exceptionally serious
crime of the type referred to in paragraph 33 of the
initial report. In the terms of article 12, paragraph (j), of the Code, the
category of exceptionally serious crime also extends to premeditated offences
punishable by terms of deprivation of liberty of more
than 10 years or by life
imprisonment.
48. Under article 88 of the Criminal Code, persons aged
between 16 and 18 committing exceptionally serious crimes may be sentenced
to
terms of deprivation of liberty of more than 10 years but not exceeding 15
years.
49. Under the new Criminal Code, the age of sexual consent has
been set at 16. As explained by the Ministry of Justice, this may
be inferred
from article 140 of the Code, under which sexual intercourse with a person under
the age of 16 is categorized as a criminal
offence. Accordingly, 16 may be
taken as the minimum age of consent for sexual relations. With regard to the
minimum age for medical
treatment without parental consent, the criterion of
civil legal capacity,
as established by the Civil Code, continues to apply. Under this criterion,
the age of majority
is 18. More detailed information on the concepts of
“passive legal capacity” and “active legal capacity”
in
Georgian civil law may be found in the country’s second periodic report
under the International Covenant on Civil and Political
Rights (paras. 394-396
and 520).
III. GENERAL PRINCIPLES
A. Non-discrimination (art. 2)
50. In
its concluding observations (paras. 24 and 25), the Committee recommended that
the State party should increase its efforts
to ensure implementation of existing
laws guaranteeing the principle of non-discrimination and their full conformity
with article
2 of the Convention, particularly in relation to vulnerable
groups.
51. As noted in the introduction to the present report, over the
period under review Georgia has acceded to yet another important
United Nations
human rights instrument - the International Convention on the Elimination of All
Forms of Racial Discrimination.
Alongside the Convention on the Elimination of
All Forms of Discrimination against Women, with its accession to this instrument
Georgia
has further strengthened the constitutional and legal safeguards
upholding the principle of equality and non-discrimination in the
State’s
exercise of justice. In this connection, the Committee’s attention is
drawn to paragraphs 9-16 and 18 of Georgia’s
initial report under the
International Convention on the Elimination of All Forms of Racial
Discrimination, providing detailed information
about the relevant constitutional
and legislative provisions.
52. Article 75 of the Criminal Code,
mentioned in paragraph 61 of the initial report, has now been replaced by
article 142 of the
new Criminal Code, on the infringement of people’s
equality, which states:
“1. Infringing people’s equality on the grounds of their race, skin colour, language, sex, attitude to religion, denomination, political or other views, national, ethnic, social or class affiliation, membership of voluntary associations, origin, place of residence or material status, and thereby harming their human rights, shall be punishable by a fine or by the compulsory deduction of earnings for periods of up to one year, or by deprivation of liberty for periods of up to two years.
“2. The same acts, involving the abuse of official position or resulting in serious consequences, shall be punishable by a fine or by deprivation of liberty for periods of up to three years.”
53. Over the period under review, a number of statutory instruments have
been adopted in Georgia designed to ensure, to the maximum
extent, protection of
the vital interests of children, including the most vulnerable categories of
children.
54. Paragraph 58 of the country’s initial report under the Convention
refers to the constitutional provision designed to ensure
the development of
Georgia’s high mountain regions. In order to implement this
constitutional requirement, the Mountain and
High Mountain Districts of Georgia
(Social, Economic and Cultural Development) Act has been adopted, which
establishes this task
as a priority for the country.
55. Under this act,
the State now provides full secondary education free of charge for children from
high mountain villages (as things
stand, in the country as a whole, only primary
education is fully State-funded). To ensure that education is available to all
children
in high mountain districts, schools have been permitted to open classes
for as few as three or four children, while the standard
class size elsewhere in
the country is 25.
56. In 1999, a number of important statutes relating
to children’s rights and interests were adopted by Parliament, including
acts on the procedure for the adoption of neglected and orphaned children; on
the placement of children in adoptive families; on
protecting and promoting
natural child-feeding, designed to protect children’s health by ensuring
that they receive safe and
adequate nourishment, whether natural or artificial;
and on the provision of State support for children’s and youth
associations.
57. The last act is of particular interest, since it grants
children’s and youth associations the entitlement to submit reports
on the
situation regarding the protection of the rights of children and young people to
the President of Georgia; to make suggestions
to those empowered to initiate
legislation, with a view to introducing amendments to statutes and other
regulatory acts which reflect
the interests of children and young people; and to
participate in the development, consideration and implementation of State
youth-oriented
programmes.
58. Over the period 1996-2000, a State
programme, endorsed by the President, was run on the issue of social protection,
vocational
training and crime prevention for minors, which had as its main
areas:
− Undertaking measures to identify minors with criminal tendencies and neglected children and carrying out preventive work with those children;
− Tackling problems relating to the vocational training and education and the social rehabilitation of minors, including orphans and abandoned children, and the children of internally displaced and homeless persons;
− Encouraging youngsters to take up creative activities and to play sport.
59. Programme implementation has been led by an
interdepartmental State commission headed by the Minister of Education. A range
of
activities have been held in all the above areas by the appropriate State
bodies, including with UNICEF support. These activities
have yielded certain
results and have also demonstrated the need for continued efforts.
60. Accordingly, in March 2000, the Georgian President ratified the State
programme for the protection, development and social rehabilitation
of minors,
designed to improve the organization of the social protection, development and
rehabilitation of minors deprived of parental
care and prone to antisocial
behaviour, as well as homeless children (so-called “street
children”). The programme has
as its primary goals:
− Formation of a legal and regulatory framework to uphold the rights of children in the above category;
− Study of different aspects of the problem of homeless children and efforts to promote their vocational guidance and social rehabilitation;
− Creation of rehabilitation centres and specialized schools, and the development and introduction of specially tailored programmes for the education and upbringing of children;
− Tackling the problem of the further integration and welfare of homeless children.
61. The programme budget for the period 2000-2003
is set at 3 million lari. Programme implementation is the responsibility of the
government Commission for Minors’ Affairs and Social Protection, headed by
the Minister of Education.
62. Since 2000, local authorities have
allocated a lump sum benefit of 100 lari ($1 = 2.04 lari) for
each child born to families of
internally displaced persons.
63. In
August 2000, the Georgian President issued a decree on social or family
assistance for the needy, pursuant to which continued
social assistance is to be
provided to families whose members include unemployed and incapacitated
pensioners and orphaned children.
Under the decree, each orphaned child that
has been placed in care shall receive a monthly benefit of 20 lari from the
central budget.
In 2000, more than 1,000 children received such benefits. The
access of children to medical care is ensured, on a non-discriminatory
basis,
under the centralized State insurance programme for children. Further details
about this programme and its beneficiaries
may be found in Georgia’s
second periodic report under the International Covenant on Civil and Political
Rights, paragraph
95.
B. Best interests of the child (art. 3)
64. In its concluding observations (paras. 26
and 27), the Committee recommended that the State party should take all
appropriate
measures to ensure that the general principle of the best interests
of the child was appropriately integrated in all legal provisions.
As
recommended by the Committee, this principle should also be reflected in the
adoption of judicial and administrative decisions
and in projects, programmes
and services which have an impact on children.
65. With regard to the above recommendations, the information on this matter
contained in the initial report (paras. 64-73) continues
to apply. Additional
information on legislative measures to ensure that, in mutual relations with
parents, priority is given to
the best interests of the child may be found in
Georgia’s second periodic report under the International Covenant on Civil
and Political Rights (paras. 508-510 and 513).
66. As noted in the report
on harmonizing Georgian legislation with the United Nations Convention on
the Rights of the Child, there
are a number of legislative provisions in
existence which establish liability for breaches of the rights of the child,
which are
recognized under
and guaranteed by law, and for encroachments on
the moral development of children. Thus,
the Criminal Code categorizes as
aggravating circumstances the commission of offence
against minors, the
enticement of minors to commit offences or the involvement of minors in
crime.
67. In addition, chapter 24 of the Criminal Code is devoted in its
entirety to offences against the family and minors (arts. 171-176).
The
provisions set out in this area of criminal law are designed to provide
effective protection for children from criminal encroachments
of various kinds,
in line with universally recognized international standards. Thus, such acts as
trafficking in minors, breaching
the adoption rules, substitution of children,
wilful refusal to pay alimony and others are categorized as criminal
offences.
68. More detailed information on practical measures to give
effect to the best interests of the child may be found in the appropriate
sections of the present report.
C. Right to life, survival and development (art.
6)
69. The information
provided in the country’s initial report under the Convention relating to
article 6 (paras. 74-76) remains
valid.
70. In addition, the
Committee’s attention should be drawn to Georgia’s second periodic
report under the International
Covenant on Civil and Political Rights, in
particular to the section concerning exercise of the right to life (paras.
79-81, 87-89,
98-101 and 103-109). Also of relevance in this part of the
above-mentioned report is the information on measures to uphold the right
to
life and survival of women and children (paras. 90-96) and to resolve the issue
of abortions (para. 102).
D. Respect for the views of the child (art. 12)
71. In its concluding observations (paras. 28
and 29), the Committee recommended that the State party should develop a
systematic
approach to increasing public awareness of the participatory rights
of children and encourage respect for the views of the child
within the family,
communities and care and other institutions.
72. With reference to these recommendations, the information contained in the
country’s initial report under the Convention
(paras. 77 and 78) remains
valid. The initial report also contains the following relevant information
on:
− The right to submit complaints to the courts or other administrative bodies, see paragraph 49;
− The participation of the child in the process of changing his or her personal data, see paragraph 50;
− Obtaining the consent of the child to adoption (see paragraphs 51 and 177).
73. The authors of the report on harmonizing Georgian
law with the United Nations Convention on the Rights of the Child point out
that
the legal arrangements for obtaining the consent of the child to placement in a
care establishment have not been finalized.
As for the issue of the
child’s consent to placement in an adoptive family, this is covered by the
Orphaned and Abandoned
Children (Adoption Procedure) Act. Under this act,
children aged 10 and above may only be placed in an adoptive family with their
consent.
74. Over the reporting period, a number of significant
developments have taken place with regard to upholding the participatory rights
of children and to raising public awareness of this issue.
75. In 2000,
the Georgian State Department for Youth Affairs, with support from UNICEF, took
steps to revive the country’s children’s
parliament. This
parliament was originally set up in 1998 on the personal initiative of the
President, but, owing to financial constraints,
it was only able to hold one
session.
76. Elections to the children’s parliament, which meets
annually, were held countrywide in April 2000. Children and young people
from
all regions took part in the elections. The term of office has been set at two
years and the parliament is to sit every six
months. In all, 146 young deputies
were elected in two age groups - 14-18 and 18-21, comprising 88 boys and 58
girls.
77. The main purpose of the children’s parliament is to
provide a forum in which children and young people can express their
views on
aspects of State administration. In addition, the young parliamentarians have
the opportunity to further their interests,
to develop the necessary
parliamentary skills, to gain familiarity with the parliamentary system and to
deepen their knowledge of
the Convention. At their sessions, which will be held
in the premises of the country’s “adult” Parliament, the
young
deputies will work on the drafting of decisions. These decisions will be of a
recommendatory nature for the members of the
Georgian Parliament, which will be
obliged to give them due consideration. The adult parliamentarians are very
happy to meet their
young colleagues and to share their experience with them.
Over the period under review, the children’s parliament has also
held one
session away from headquarters, in one of the country’s regions.
78. Another body of interest is the Children’s Forum, set up in the
Imereti region of Georgia, which has representatives from
11 different
districts. The Forum gives its members, all children, the opportunity to
express their views, to articulate the problems
of the younger generation to the
local authorities and to propose specific measures to improve educational and
leisure arrangements.
79. Since December 2000, the non-governmental
organization Children and the Environment, with support from UNICEF and the
European
Union, has been publishing a monthly review in Georgian, Russian and
English, entitled Rights of the Child in Georgia. The review not only
includes material provided by adult correspondents, but also gives extensive
space to the views expressed by
children themselves on a wide range of issues.
By being issued in several languages, the review is accessible to virtually all
groups
of the population.
IV. CIVIL RIGHTS AND FREEDOMS
A. Name and nationality (art. 7)
80. For information on
the provisions of article 7 of the Convention, reference is made to the
country’s initial report (paras.
80-85).
81. With regard to the
issue of children’s names, reference is made to Georgia’s second
periodic report under the International
Covenant on Civil and Political Rights
(paras. 531 and 533). Paragraph 532 of that report also contains
information on the procedure
for registering children, which is governed by the
Civil Registration Act, adopted during the period under review.
B. Preservation of identity (art. 8)
82. For information on the provisions of article
8 of the Convention, reference is made to the country’s initial report
(paras.
86-89). With the adoption of the new Criminal Code, some changes are
necessitated to the wording and numbering of the articles relevant
to the issue
under consideration.
83. Thus, under Georgian criminal law, unlawful
restriction of liberty, in particular when applied against a minor, is
punishable
by custodial sentences of between 5 and 12 years (art. 143).
The substitution of a child, whether for monetary gain or for other
nefarious
motives, shall be punishable by a fine or by privation of liberty for periods of
up to five years, which may or may not
be accompanied by forfeiture of the right
to hold certain offices or to engage in certain activities for periods of up to
three years
(art. 174). In addition, a new article 173 has been added to the
Criminal Code, stipulating various penalties for the offence of
breaching the
adoption rules in a way which involves serious consequences. Abuse of official
position is regarded as an aggravating
circumstance in this
offence.
84. Reference here should also be made to the provisions of the
Georgian Citizens and Resident Aliens (Identity and Registration Procedure)
Act.
The Committee’s attention is also drawn here to Georgia’s second
periodic report under the International Covenant
on Civil and Political Rights
(paras. 245 and 246).
C. Freedom of expression (art. 13)
85. With regard to the right to freedom of
expression, the information contained in the initial report remains valid
(paras. 91-96).
86. Comparable information on the exercise of the right
to freedom of expression, as enshrined in Georgian law, may be found in the
country’s second periodic report under the International Covenant on Civil
and Political Rights (paras. 441-467). That report
contains details, in
particular, regarding changes relevant to paragraphs 97 and 98 of the
country’s initial report under the
Convention (see, respectively,
paragraph 467 and 448-456 of the report under the International Covenant on
Civil and Political Rights).
87. It should be noted that the statutes
governing this area do not provide any legal guarantees of the freedom of
expression (in
the broad sense) for persons under the age of 18.
D. Access to appropriate information (art. 17)
88. In its concluding
observations (paras. 32 and 33), the Committee recommended that the State party
should strengthen its efforts
to protect children from harmful
information.
89. The information provided in the country’s initial
report under the Convention, regarding constitutional guarantees for the
development of culture (para. 99), remains valid. The assessments provided in
paragraphs 101, 103 and 105-107 continue, by and large,
to apply. Where the
publication of children’s books is concerned, there have recently been
substantial improvements in the
range and quality of such publications and their
numbers have increased. The accessibility of these publications to children
continues
to pose a problem, owing to their relatively high prices, by local
standards.
90. In addition to the above, reference may also be made to
the country’s second periodic report under the International Covenant
on
Civil and Political Rights. This discusses access to information (paras.
454-456) and the legal restrictions applicable in this
area
(paras. 460463).
91. Besides the legal restrictions designed to
protect children from harmful information, described in the above-mentioned
report
under the International Covenant on Civil and Political Rights, plans are
afoot in Georgia to adopt a special regulatory act on this
matter. We are
referring here to the bill on protecting minors from harmful influences, which
has already been under consideration
for some time by the appropriate
parliamentary bodies. The bill was drafted by the State Department for Youth
Affairs, in line with
the principle promulgated in the preamble to the
Convention: “the child, by reason of his physical and mental immaturity,
needs
special safeguards and care, including appropriate legal protection
...”.
E. Freedom of thought, conscience and religion (art. 14)
92. The Georgian Ministry of Education is
planning to develop an integrated textbook for schoolchildren, covering aspects
of the protection
of children from potentially harmful information and
materials.
93. Detailed information on the situation relating to the
freedom of thought, conscience and religion in Georgia may be found in the
country’s second periodic report under the International Covenant on Civil
and Political Rights. The report provides information
on both constitutional
and legislative guarantees (paras. 430-435), on practical aspects of upholding
the right to the freedom of
conscience (paras. 436-438) and on the issue of the
status of religious organizations (paras. 439 and 440).
94. Useful
information on the exercise of the freedom of thought, conscience and religion
may also be found in Georgia’s initial
report under the International
Convention on the Elimination of All Forms of Racial Discrimination (paras.
159-163).
95. A draft constitutional agreement between the State and the
Georgian Orthodox Church, designed to establish the legal basis for
relations
between these two parties, has been widely publicized and is currently under
discussion. In this connection, the Georgian
Parliament has adopted the
Constitution Amendment Act, revising and supplementing the Georgian
Constitution, which includes the following amendments:
− Addition of a new paragraph 2 to article 9 of the Constitution, reading as follows: “Relations between the Georgian State and the autocephalous Georgian Orthodox Church shall be determined by the Constitutional Agreement. The Constitutional Agreement shall be fully consistent with universally recognized principles and norms of international law, in particular in the field of human rights and fundamental freedoms”;
− Rewording of paragraph 2 of article 6 of the Constitution, placing the Constitutional Agreement in second position, after the Constitution itself, in the hierarchy of statutory instruments. As a result, it is not only the Constitution, but also the Constitutional Agreement, which may not be contradicted by Georgia’s international treaties and agreement;
− Rewording of paragraph 1 (a) of article 89 of the Constitution, to stipulate that, henceforth, the Georgian Constitutional Court shall be empowered to determine the extent to which laws and other regulatory acts are consistent not only with the Constitution but also with the Constitutional Agreement.
96. The Constitutional Amendment Act was adopted
by the Georgian Parliament on 30 March 2001. That same day,
Parliament also adopted
a resolution on manifestations of religious extremism,
in which the legislators expressed their disquiet at acts of violence carried
out by adherents of extremist religious movements and condemned all such
manifestations. Parliament has assigned its relevant committees
the task of
preparing legislative proposals designed to regulate the activity of various
religious denominations.
97. Following recent religiously inspired
clashes in Georgia, which have resulted in injuries to the members of a number
of traditional
religious groups, the Georgian President has expressed his
unequivocal condemnation of such activities. The Georgian Orthodox Church
and
more than 30 non-governmental human rights organizations have adopted a
joint declaration in which they condemn religious fanaticism
and extremism,
violence and bigotry.
98. In Georgian general education schools, in grades
3-6 and in grade 8, pupils study the history of religion and culture, through
which they acquire the necessary knowledge in this area and are able to deal
with the problem of freedom of conscience in an informed
manner.
F. Freedom of association and of peaceful assembly (art. 15)
99. In its concluding observations (paras. 30 and
31), the Committee recommended that the State party should amend its legislation
to ensure that young people were allowed to join political parties and that they
fully enjoyed their right to freedom of association.
100. Detailed
information on the exercise in Georgia of the rights covered by this article of
the Convention may be found in the country’s
second periodic report under
the International Covenant on Civil and Political Rights, in the following
paragraphs:
− On the freedom of peaceful assembly - paragraphs 473-479;
− On the activities of commercial and non-commercial legal entities - paragraphs 481486;
− On political parties - paragraphs 487-491;
− On trade unions - paragraphs 492-498.
101. Over the
period under review, there have been no amendments to the Citizens’
Political Associations Act, which stipulates that Georgian citizens who have the
right to vote also have the right to form and join parties (art.
8).
102. As for enabling young people to learn about the political
process (see paragraph 30 of the Committee’s observations), the
best
opportunity for this is provided by the children’s parliament, the
Children’s Forum and the Georgian Children’s
Federation, described
above.
103. In our replies to the list of issues prepared by the
Committee, we reported on the adoption in 1999 of the Children’s and
Youth
Associations (State Support) Act. The actual provisions of this act should
perhaps be described in more detail, since it extends
very wide powers to
children’s and youth organizations, while also ensuring that they receive
financial support from the State.
104. Under the act, children’s
and youth associations have the right:
(a) To submit reports on the
status quo in the area of the protection of children’s and young
people’s rights in Georgia
to the State President and appropriate
executive authorities;
(b) To submit suggestions to persons entitled to
initiate legislation, on amendments to acts and other regulatory instruments of
Georgia, with a view to protecting the interests of children and young
people;
(c) To participate in the drafting, consideration and
implementation of State programmes relating to youth policy (art.
5-2).
105. By enacting this law to accord the rights enumerated above to
children’s and youth associations, it is hoped that an essential
contribution will be made both to ensuring full exercise of the principle of the
freedom of association and to fostering future political
and social leaders for
the country.
G. Inviolability of privacy (art. 16)
106. The information contained in the
country’s initial report under the Convention relating to the issues
covered under this
article (paras. 123-125 and 127-129) remains valid. With
regard to the details included in that report on the criminal penalties
imposed
for breaches of privacy (paras. 126 and 128), certain amendments have been made
following the adoption of the new Criminal
Code.
107. Thus, under the
current Criminal Code, penalties are provided for violating the secrecy of
adoption without the authorization
of the adoptive parents, including where the
person responsible is under an obligation of professional secrecy (art. 175,
paras.
1 and 2).
108. In addition, the Code stipulates punishments of
varying degrees of severity for the commission of such offences as:
− Making defamatory accusations of the commission of an offence (art. 148);
− Breaching private or family confidentiality (art. 157);
− Breaching the confidentiality of a private conversation, through its unlawful recording or tapping by technical means (art. 158);
− Breaching the confidentiality of private correspondence, telephone conversations or other forms of communication (art. 159);
− Breaching the privacy of the home or other possessions (art. 160).
109. Georgia’s second periodic report under the
International Covenant on Civil and Political Rights describes in detail the
arrangements under the country’s criminal and procedural law to protect
people from intrusions into their privacy (paras. 400-413).
The same report
contains information on the procedure for lodging complaints about investigative
activities which entail invasions
of privacy (paras. 415 and
416).
110. In addition to the information contained in paragraph 129 of
the initial report, it should be noted that, during the period under
review, the
Georgian General Administrative Code was adopted. This Code fleshes out the
provisions of article 41 of the Constitution and covers such issues of relevance
to the present section as ensuring access to public information and protecting
the confidentiality
of personal information. Information on the manner in which
these issues are dealt with by the General Administrative Code may be
found in
the country’s second periodic report under the International Covenant on
Civil and Political Rights:
− On access to public information - paragraphs 457-459;
− On the protection of personal information - paragraphs 423-429.
H. Right not to be subjected to torture or other cruel,
inhuman
or degrading treatment or punishment (art. 37.1)
111. Where this article of the Convention is
concerned, the information contained in the country’s initial report
(paras. 130-134)
remains valid.
112. Detailed information on measures
adopted in Georgia to uphold the right not to be subjected to torture or other
cruel, inhuman
or degrading treatment or punishment may be found in
Georgia’s second periodic report under the International Covenant on Civil
and Political Rights (paras. 111-140). The Committee may wish to note that, as
well as containing information on safeguards against
the use of torture in
criminal legal process, the abovementioned report reviews the issues of the
prohibition of corporal punishment
(paras. 115117) and the conduct of
medical and biological research on human subjects (paras. 122125).
113. Over the period under review, Georgia has submitted its second
periodic report on compliance with the provisions of the Convention
against
Torture and Other Cruel, Inhuman
or Degrading Treatment or Punishment (see
document CAT/C/48/Add.1) to the relevant United Nations treaty body. The
report was considered
in May 2001 (see documents CAT/C/SR.458, 461 and 467)
and the Committee against Torture transmitted its
conclusions and
recommendations to the Government of Georgia (see document
CAT/C/XXVI/Concl.1/Rev.1).
V. FAMILY ENVIRONMENT AND ALTERNATIVE CARE
A. Parental guidance (art. 5)
114. For information
under this article, see the country’s initial report (paras.
135-140).
115. In addition to that information, we note that, pursuant to
the Health Protection Act (art. 136), all citizens have the right
independently to determine how many children they wish to have and when they
wish to have them. The Administrative Offences Code
stipulates that, in the
event of wilful failure to comply with their obligation to provide guidance and
education for their minor
children, parents or others responsible for the
children may receive a warning or be fined an amount ranging between one and two
minimum monthly salaries (art. 127).
B. Parental responsibilities (art. 18.1-2)
116. For information on how the law deals with
the issue of responsibility for the upbringing of children, see Georgia’s
initial
report under the Convention (paras. 142-146) and its second periodic
report under the International Covenant on Civil and Political
Rights (paras.
508, 510 and 513).
117. Under the new Criminal Code (art. 176), wilful
refusal to pay alimony ordered by a court decision shall be punishable by a fine
or by between 120 and 240 hours of social work, or by punitive deduction of
earnings for a period of up to one year.
118. In addition, attention is
drawn to the International Private Law Act, adopted during the period under
review, which stipulates
which legal procedure applies to specific aspects of
cases involving the law of another State. The act also contains provisions
on
the procedural norms to be applied in cases of this nature.
119. With
reference to this article of the Convention, the following articles of the
International Private Law Act are of particular
interest:
− Article 13, establishing the degree of international competence of the Georgian courts to consider cases involving personal relations between parents and children, the parentage of children and the establishment of paternity;
− Article 16, establishing the degree of competence of the Georgian courts in care and guardianship cases;
− Article 49, dealing with the issue of the application of the law of different countries in cases involving relations between parents and children.
C. Separation from parents (art. 9)
120. The comments in
Georgia’s initial report under the Convention, describing how this problem
is dealt with under Georgian
law (paras. 148-151) remain valid.
121. With
regard to paragraph 152 of the initial report, it should be noted that the
question of contacts between children and parents
serving custodial sentences is
covered by the Imprisonment Act, adopted during the period under
review.
122. Thus, article 39 of that act stipulates that, where
necessary, crèches may be set up in custodial facilities for women
bearing children while serving their sentences. On the application of mothers,
if the guardianship authorities so permit and the
custodial facility authorities
so decide, arrangements may be made for women serving sentences to live together
with their children
aged up to 3 years old. Under article 47, the custodial
facility authorities shall assist those serving sentences to maintain relations
with their families, relatives and close friends. In this connection, articles
48 and 49 of the Imprisonment Act stipulate the procedures
governing visits
received by convicted persons, both within and, in special circumstances,
outside the custodial facility, and the
duration of such visits.
D. Family reunification (art. 10)
123. Over the reporting period, there were no
changes to the law in this area, as described in the country’s initial
report
under the Convention (paras. 153-155 and 157).
124. With regard to
the comments in paragraph 156 of the initial report, we might note that the
general emigration trends in Georgia
have been maintained. According to figures
provided by the passport and visa office of the Ministry of Internal Affairs,
over the
period 1998-2000 the
number of people leaving the country to reside permanently abroad continued
to grow (from 962 in 1998 to 1,320 in 2000). In 80-90
per cent of cases, the
primary reason for such emigration was in fact family reunification. In
percentage terms, Jews accounted
for the bulk of such émigrés
(roughly half of all those leaving the country), followed by Georgians,
Russians, Armenians
and Greeks.
125. With regard to the right to freedom
of movement in general, reference is made to the country’s second periodic
report under
the International Covenant on Civil and Political Rights (paras.
254-267) and to its initial report under the International Convention
on the
Elimination of All Forms of Racial Discrimination (paras. 116-127).
E. Recovery of maintenance for the child (art. 27.4)
126. The information provided on this issue in
the country’s initial report (paras. 158-164) remains valid.
F. Children deprived of a family environment (art. 20)
127. In its concluding observations (paras. 34
and 35), the Committee recommended that the State party should establish a code
of
standards to ensure that children deprived of the family environment received
adequate care and protection. The Committee also recommended
that the State
party should reinforce its efforts to provide additional training for the staff
of institutions and ensure the periodic
review of placements in alternative care
institutions. In addition, the Committee recommended that the State party
should increase
the level of resources allocated for the protection and care of
children deprived of a family environment. Finally, the Committee
recommended
that the State party should increase its efforts to prevent
institutionalization, including by providing vulnerable families
with adequate
support services.
128. With reference to this article, attention is drawn
to the fairly detailed description of Georgia’s system of children’s
homes, contained in the section on family environment and alternative care in
the Government’s written replies to the Committee’s
list of issues
relating to consideration of the initial report. That same section contains
information on a project on the deinstitutionalization
of children being run by
the Georgian Ministry of Education.
129. According to figures provided by
the Ministry of Education, there are currently 36 such institutions under the
Ministry’s
jurisdiction, funded from the central budget. In all, these
are home to 3,929 children, 1,832 of them girls and 2,097 boys, from
all over
the country. The children’s ages range from 3 to 17. These
institutions may be subdivided into the following categories:
− There are 1,469 children aged between 3 and 17 in children’s homes and residential schools for orphaned and abandoned children. Of these, 681 are girls and 788 boys. The children placed in these establishments come from families in severe economic and social difficulty, from broken homes and, in some cases, from the families of internally displaced persons;
− There are 2,460 children aged between 7 and 18 in residential schools for children with mental and physical disabilities. Of these, 1,151 are girls and 1,309 boys. Children are placed in these residential schools not solely because of their disabilities but also, in some cases, because of the severe hardship in their homes.
130. According to information
from the Ministry of Education, the problem of orphans who have nowhere to go
when they reach the maximum
age for residence in children’s institutions
is becoming particularly acute. The local authorities responsible for
placing these children
in the homes or schools in question are unable to
provide them with accommodation or employment.
131. There are two
residential homes and one medical treatment centre for disabled children under
the jurisdiction of the Ministry
of Labour, Health and Social Welfare. In all,
157 children live in these establishments. Most of them are children with
mental
retardation or other mental disabilities, or with cerebral palsy. The
staff of these establishments are trained in the education
and raising of such
children and in occupational therapy.
132. As for infants’ homes,
the total capacity of these in Georgia is 155 places. Children aged up to 4 are
placed in such
homes and these for the most part are children who have been
rejected by their mothers in the maternity hospitals, the children of
single
mothers, dumped babies and others. These children are placed in the care of
child-raisers and medical staff. When they reach
the age of 3, healthy children
are placed in children’s homes, while those with disorders of the nervous
system or other congenital
disabilities are placed, on reaching the age of 4, in
residential homes for disabled children.
133. Particular mention should
be made of institutions for children in conflict with the law. Currently,
Georgia has two such institutions
for children in this
category:
(a) Special school, for young delinquents and offenders aged
between 11 and 15;
(b) Young persons’ rehabilitation centre, for
problem adolescents aged up to 18.
Both these institutions are under the
jurisdiction of the Ministry of Education.
134. Currently, there are 40
children in the above-mentioned special school and 75 teenagers in the
rehabilitation centre. In addition,
the Ministry of Education also runs five
rehabilitation centres for neglected children, capable of housing up to 250
children each.
Alongside these, a number of rehabilitation centres have been
opened by non-governmental organizations. There are five of these
in Tbilisi,
one in Zugdidi and another in Poti. The Poti municipality has taken on the
responsibility for funding the centre in
that town.
135. It is
particularly difficult to raise the necessary funds to maintain these
children’s institutional care facilities.
According to information
provided by the Ministry of Economics, Industry and Trade, over the period
1995-1998 children’s homes
and residential schools were funded from the
central budget. At that time, a mere 0.7 lari per day (as compared to a
standard
rate of 2.5 lari) was allocated for the maintenance of each child. The
resulting shortfall was made up, in the main, from humanitarian
assistance.
Since 1999, with a view to improving living conditions, all children’s
homes have been central budget-funded.
In practice, however, given the
country’s severe budget deficit, the Government is unable to allocate
sufficient funds for
the full maintenance and care of the children. Thus, in
1999, the total level of funding allocated for children’s homes measured
703,400 lari - 59.2 per cent of that earmarked in the budget. In 2000, central
budget funding of children’s homes dropped
by a further 18.6 per
cent.
136. Where State spending on the funding of residential schools is
concerned, in 1998, 1,873,800 lari was allocated from the central
budget for this purpose, representing 69.8 per cent of the earmarked
funding. In 1999, 3,113,000 lari - or 58 per cent of the earmarked
amount
- was allocated for the maintenance of residential schools.
137. The
Ministry of Economics, Industry and Trade points out that the situation of
children in institutions is further exacerbated
by the disrepair of most of the
buildings occupied by children’s homes and residential schools, while the
Government lacks
the funds for essential renovations. Added to this, the
average salaries paid to the staff in children’s homes are as low
as 30.3
lari per month and to those in residential schools - 40 lari.
138. These
institutions are regularly inspected by the appropriate services of the
responsible authorities. According to information
provided by the Ministry of
Education, non-governmental organizations are actively involved in the work of
institutional care establishments,
primarily in conducting various charitable
measures.
G. Adoption (art. 21)
139. In its concluding observations (paras. 38
and 39), the Committee recommended that the State party should introduce proper
monitoring
procedures with respect to both domestic and intercountry adoptions.
The Committee recommended that the State party should amend
its legislation to
ensure that information about the date and place of birth of adopted children
and their genetic parents was made
available to those children upon request. In
addition, the Committee encouraged the State party to consider the possibility
of acceding
to the Hague Convention on Protection of Children and Cooperation in
Respect of Intercountry Adoption of 1993.
140. It should be noted,
under this section, that the information in the country’s initial report
relating to legal adoption
procedures (paras. 173-179 and 181) remains valid.
With regard to paragraph 182 of the initial report, we should point out that
Georgia has now acceded to the Hague Convention, which entered into force for
Georgia on 1 August 1999.
141. The new Criminal Code retains an article
criminalizing breaches of the secrecy of adoption against the will of the
adoptive parent
(art. 175). This means that, in this area, the
Committee’s recommendation has not been followed: children are unable to
exercise
the right to obtain information about their own origins and biological
parents if their adoptive parents do not wish this.
142. Over the period
1998-2000, a total of 63 children were adopted by foreign citizens and left the
country. The geographical distribution
of such adoptions is as follows (there
are no figures for 1998):
− 1999: six children were adopted, two each by parents in Canada and the United States of America and one each by parents in Cyprus and the United Kingdom;
− 2000: 51 children were adopted, 32 by parents in Canada, 5 each by parents in Germany and the United States, 3 each by parents in Cyprus and Greece, 1 each by parents in France, Italy and Malta.
143. As pointed out by the Ministry of Education,
there are a number of obstacles to adoption both within the country and by
prospective
parents abroad. One of the main such obstacles is determining the
status of a child that has been put up for adoption. As an example,
we may cite
the case remarked on by the authors of the report on harmonizing Georgian law
with the United Nations Convention on the
Rights of the Child: for some
strange reason, the Adoption Act does not apply to orphans and abandoned
children. In addition, as
pointed out by the Ministry of Education, there are
numerous obstacles under Georgian law to the adoption of orphaned children and
children deprived of parental care, while the direct intercountry adoption of
Georgian children is becoming more frequent. Thus,
in 2000, of 51 children
adopted by parents abroad, only 5 came from children’s homes, while the
remainder were all handed over
for adoption by their own parents. This raises
the serious question as to how Georgian citizens are able, with the assistance
of
the same “intermediaries”, to establish contacts with citizens of
other countries. To address this situation, the Ministry
of Education is
preparing draft amendments to the relevant legislation.
144. In its
concluding observations (paras. 36 and 37), the Committee recommended that the
State party should provide adequate resources,
both financial and human, for
effective implementation of the new law on foster care; introduce programmes to
raise awareness and
promote foster care; and undertake measures to regulate
kinship fostering in order to ensure that the best interests of the children
concerned are taken into account.
145. As pointed out by the Georgian
delegation in its introductory statement at the time of the consideration of the
country’s
initial report, and as noted above in the present report, an
important piece of legislation adopted in 1999 was the Orphans and Neglected
Children (Adoption Procedure) Act. This act is based on the provisions of the
Constitution and on the World Declaration on the Survival, Protection and
Development of Children. The purpose of the act is to safeguard the
pre-eminent
right of the child to be raised in a family environment, to bring down the
levels of abandonment of children, to help
build the character of children and
to promote their socialization and adaptation to community
life.
146. Under this act, matters relating to the placement of children
in adoptive families are the responsibility of the Ministry of
Education,
working through specially trained staff with the requisite character
qualifications. An agreement must be drawn up between
the Government and
the adoptive family, under which the adoptive parents receive a designated
payment. In addition, the adoptive mother and father and
the child receive a
number of benefits, such as free travel on public transport throughout the
country and medical insurance at State
expense.
147. The Georgian
Ministry of Education is currently continuing work on the implementation of a
project begun in 1999 on the welfare
of children and families, designed to
promote alternative forms of childcare for abandoned or orphaned children. The
project has
as its priorities: first, support (returning the child to its
biological family); second, prevention (reducing the risk that the
child will be
placed in the children’s home); and, third, placement in a foster family.
The project was designed to cover
150 children and 72 of these have already been
returned to their family environment. The situation is monitored by 18 social
workers,
who have received special training under the supervision of a
consultant brought from the United Kingdom.
148. At the same time,
the Ministry of Labour, Health and Social Welfare points out that it is
extremely difficult to apply the Orphans
and Neglected Children (Adoption
Procedure) Act in practice. The State programme and subsidiary regulatory
instruments necessary
for its implementation and stipulated by the act have not
yet been elaborated. Nevertheless, pursuant to presidential decree No.
445
of 2 August 1999 on supplementary measures to ensure State support for orphaned
children resident in Georgia, the Ministry of
Labour, Health and Social Welfare
has allocated 12,000 lari to assist 25 adoptive families. At the time of the
presentation of this
report, only one such family has benefited from the scheme,
receiving a subsidy in the amount of 500 lari.
H. Illicit transfer and non-return (art. 11)
149. The new Criminal Code, in the chapter on
offences against the family and minors, contains an article, No. 172, on
trafficking
in minors, paragraphs 2 and 3 of which provide penalties for the
purchase or sale of minors or for the commission of any unlawful
transactions
involving minors, including for the purpose of their illicit transfer abroad.
The chapter on offences against human
rights and freedoms contains an article,
No. 143, on the unlawful deprivation of liberty, which provides penalties for
unlawfully
restricting a person’s liberty, including for the purpose of
transporting that person abroad. Pursuant to the provisions of
those articles,
if the elements of a crime include the transporting abroad of the victim, this
shall be deemed to be an aggravating
circumstance. According to information
provided by the Consular Department of the Ministry of Foreign Affairs, there
were no recorded
cases of the illicit transfer and non-return of children during
the period under review.
150. The Hague Convention on the Civil Aspects
of International Child Abduction entered into force for Georgia in October
1997.
I. Abuse and neglect (art. 19), including physical and
psychological
recovery and social reintegration (art. 39)
151. In its concluding observations (paras. 40
and 41), the Committee recommended that the State party should take certain
steps to
develop a policy for the prevention of domestic violence, ill-treatment
and abuse (including sexual abuse within the family). The
Committee also
recommended that all appropriate measures should be taken to introduce mandatory
reporting of such cases and to ensure
that the perpetrators were punished.
In addition, the Committee recommended that additional measures should be taken
to ensure the
physical and psychological recovery of child victims of violence.
The Committee encouraged the State party to allocate the necessary
funds to
implement the State programme for the protection, development and social
adaptation of minors and recommended that the State
party should seek technical
assistance from UNICEF.
152. We should note that the concept
of “domestic violence” is not encountered or used in Georgian
criminal law or criminal
procedural legislation. Any violence or other offences
are punished regardless of whether they were committed within or outside
the
family or by a person known or unknown to the victim. The Criminal Code
contains no provisions criminalizing incest.
153. With regard to
the issue of violence against girls, mention should be made here of presidential
decree No. 64 of 25 February 2000,
which ratified the plan of action to combat
violence against women for the period 2000-2002. Particular attention is given
in this
plan to measures to combat violence against girls and, in general, to
provide assistance and protection for the victims of violence.
The commission
set up to elaborate a State policy on women’s development is responsible
for systematically monitoring implementation
of the provisions of this plan of
action.
154. As noted above, the sum of 3 million lari has been
earmarked for the implementation over the period 2000-2003 of the State
programme
for the protection, development and social adaptation of minors.
Whether or not this targeted level of funding is achieved depends
very largely
on the revenues entering the State budget in the current and coming
years.
155. In its concluding observations (paras. 42 and 43), the
Committee recommended that the State party should take legislative measures
to
prohibit all forms of physical and mental violence, including corporal
punishment, within the family, schools and care institutions.
The Committee
further recommended that the State party should organize public awareness
campaigns to promote non-violent forms of
disciplining
children.
156. With regard to the above recommendations by the Committee,
reference is made to the country’s second periodic report under
the
International Covenant on Civil and Political Rights (paras. 115-117),
describing the Georgian approach to this issue. We should
stress once again
that corporal punishment, particularly of children, is totally unacceptable and
inadmissible.
157. In addition to the above, the Committee’s
attention is drawn to the fact that the Ndoba (“Trust”) social and
psychological assistance centre, described in paragraph 193 of the initial
report, is still in operation. In June 2000, the UNICEF
representative held
special training courses for staff from the centre. Familiarizing the staff
with other countries’ experience
in this area was of key importance in
teaching new approaches to psychological and social assistance and
rehabilitation. It is worth
noting that the trainees on these courses included
four volunteers - people who, in their time, had received assistance from the
Ndoba centre and were now eager to assist others.
158. In view of the
interest shown by the Committee in the Ndoba centre during the preparation and
consideration of the initial report,
further details about its activities are
provided below. The Ndoba centre has the following permanent services:
− Hotline, by which specialist staff can provide psychological support, in particular, to children and adolescents. During the previous year alone, more than 800 children received assistance of this kind;
− Social and psychological consultation service, which provides, among other things, remedial psychological, social and legal assistance tailored to specific households with difficulties. Some 400 children received such assistance over the previous year;
− Children’s and teenagers’ readaptation club, in which, using the centre’s own resources and creative initiatives, and with the application of group methods, efforts are made to promote the adaptation of children and teenagers. Over the previous year, more than 300 children and teenagers have received psychological and social assistance through the club.
159. Over the period 1999-2000, the Ndoba centre,
working together with a number of international organizations, carried out a
number
of projects to provide psychological assistance to the children of
internally displaced persons, to promote their psychological and
social
rehabilitation and to foster the development of teenagers, in the course of
which some 800 children and teenagers received
assistance.
J. Periodic review of placement (art. 25)
160. As noted above, in the section on children
deprived of a family environment, the institutions under the jurisdiction of the
relevant
ministries are also subject to regular departmental inspections.
Non-governmental organizations are also involved in studying the
situation in
children’s establishments.
161. As for the legislative framework
applicable to the periodic review of the care and treatment of children placed
in institutions,
as noted by the authors of the report on harmonizing Georgian
legislation with the United Nations Convention on the Rights of the
Child, such
arrangements have not yet been developed in Georgia.
162. In this
section, attention should be drawn to the Orphans and Neglected Children
(Adoption Procedure) Act, under which the care
and guardianship authorities are
responsible for monitoring the situation of adopted children, in terms of their
living conditions,
education and upbringing and health status (art. 16).
In addition, under this act, the local care and guardianship authorities are
obliged to check, every month, how well adoptive families are complying with
their responsibilities and what activities they are
undertaking
(art. 19).
VI. BASIC HEALTH AND WELFARE
A. Survival and development (art. 6.2)
163. The legislative
safeguards for the survival and development of children described in the
country’s initial report under
the Convention (para. 197) remain in
force. Over the reporting period, the Abortion Act was adopted, which is
entirely consistent
with Georgia’s international obligations in this area
of human rights, including the rights of the child. The new Criminal
Code
retains an article criminalizing the performance of illicit abortions (art.
133).
164. Aspects of social protection, welfare and health care are
explored in the relevant sections of the present report. Suffice it
to note
here that, at more or less the same time as the present report, Georgia has
submitted its second report on implementation
of the International Covenant on
Economic, Social and Cultural Rights to the relevant United Nations treaty
body. This report provides fairly detailed information on issues
relating to the right to survival and development. In this connection,
reference should be made to the corresponding sections of the second periodic
report under that Covenant, namely:
− With reference to article 9: on the right to social security and social insurance;
− With reference to article 12: on the right to the highest attainable standard of health.
165. More specific references will be
made below, in the corresponding sections, to the appropriate paragraphs of that
report.
B. Disabled children (art. 23)
166. In its concluding observations (paras. 48
and 49), the Committee recommended that the State party should develop early
identification
programmes to prevent disabilities, increase its efforts to
implement alternatives to the institutionalization of children with
disabilities,
establish special education programmes for children with
disabilities and, where possible, encourage their inclusion in the regular
school system and in society generally. The Committee also recommended that the
State party should allocate adequate resources for
the effective implementation
of programmes and services for children with disabilities and also for their
families. Furthermore,
the Committee recommended that the State party should
undertake a campaign to raise public awareness of the rights and special needs
of children with disabilities. The Committee recommended in addition that the
State party should seek technical assistance from
the World Health Organization
(WHO) for the training of special staff working with and for
children.
167. Both the country’s initial report under the
Convention (paras. 200-210) and its written replies to the list of issues
prepared
by the Committee (section on basic health and welfare) contain
extensive information on disabled children and measures to improve
their
situation.
168. In addition, relevant information on the social welfare
of the disabled and official policy in this area is contained in Georgia’s
initial report under the International Convention on the Elimination of All
Forms of Racial Discrimination (para. 244).
169. In addition to the above, we
provide further information below submitted by the Ministry of Education and the
Ministry of Labour,
Health and Social Welfare.
170. According to
information provided by the Ministry of Education, there are 20 special
residential schools for mentally and physically
disabled children under its
jurisdiction. These provide accommodation and education for children aged
between 7 and 18 from all
regions of the country, irrespective of their ethnic
background. Currently, the total number of children in such residential schools
is 2,460 (1,151 girls and 1,309 boys). These establishments are funded from the
central budget, as are the children’s boarding
and tuition costs. Funding
levels could still be higher, however (see the section above on children
deprived of a family environment).
171. In these residential schools,
alongside the usual school curriculum, children receive essential medical care,
learn certain vocational
skills and acquire trades. Training workshops and
school farms are attached to the schools. To the extent possible, physically
and mentally disabled children also take part in sports competition, arts and
crafts exhibitions and competitions.
172. There are two homes for
disabled children under the jurisdiction of the Ministry of Labour, Health and
Social Welfare, housing
a total of 157 children. Work with these children is
conducted in accordance with the social welfare programme for totally
incapacitated
disabled persons, under which full State care is provided for
persons in this category. In addition, the Tbilisi children’s
home has a
disabled children’s section, where children remain until the
age of 4.
173. To ensure the most effective use of budgetary
resources, the disabled children’s homes have been funded, since July
2000,
on the basis of the work which they actually carry out, rather than by a
priori allocation. Roughly 5.3 lari is allocated for each
bed day in each
children’s home. Over the period July-December 2000, the full cost of the
work performed by the homes was
funded by the State - 97,800 lari. The work
performed during the first quarter of the current year has also been fully
funded.
174. The Ministry of Labour, Health and Social Welfare points out
that, notwithstanding certain improvements in recent years in the
budget funding
of institutional establishments, this programme is still underfunded. It is
unable to provide full funding for rehabilitation
work, particularly that of a
social nature, which in turn seriously hampers the task of integrating disabled
children into society.
The material and technical infrastructure of these
institutions is also not up to modern standards and the teaching and nursing
staff are in serious need of further training.
175. A fee-based programme
to bring disabled children out of institutions has been developed in conjunction
with the non-governmental
organization First Step. The programme is targeted at
certain categories of children deprived of parental care and at the families
of
such children, and explores the possibility of returning such children to their
biological families.
176. The Ministry of Labour, Health and Social
Welfare has also prepared a programme for the countrywide reform of the system
of institutionalizing
disabled children. The programme makes provision not only
for the careful and professional preparation of families to which such
children
will be returned but also for measures to promote a more positive attitude among
the public to such children and to set
in place the necessary infrastructure for
them. This is a matter of utmost importance for disabled
children.
177. The reform programme has set itself the goal of developing
systems, based on international standards, capable of revitalizing
institutional
establishments, creating a network of multi-profile rehabilitation day centres,
making effective use of the available
human resources in this area, improving
the relevant legal and regulatory framework and other measures. In addition,
the programme
includes the creation of a system of home-based care for disabled
children. An intersectoral working group needs to be set up to
ensure that the
programme is effectively implemented. Ultimately, the programme aims to ensure
a substantial improvement in the
opportunities available to children in this
category for psychological, educational and social rehabilitation.
C. Health and health care (art. 24)
178. In its concluding observations (paras. 44
and 45), the Committee recommended that the State party should allocate
appropriate
resources for the implementation of the national health policy and,
where appropriate, develop additional policies and programmes
to improve the
health situation of children. The Committee also recommended measures to
facilitate greater access to and quality
of primary health services and to
ensure the availability of vaccines. In addition, the Committee recommended the
adoption of measures
to reduce the incidence of maternal and child mortality, to
prevent malnutrition and to increase access to safe drinking water and
sanitation. The Committee encouraged the State party to continue its
cooperation with respect to the initiative on the integrated
management of
childhood illnesses.
179. We should point out that the issues covered
under this article of the Convention are also addressed by several other United
Nations
human rights instruments. Last year and this year Georgia has submitted
initial and periodic reports under these instruments to
the relevant treaty
bodies. These contain information which is largely relevant to the
Committee’s recommendations and will
give an idea of the extent to which
they have been put in practice.
180. We reproduce here some of the
information of particular relevance contained in the country’s second
periodic report under
the International Covenant on Economic, Social and
Cultural Rights.
181. Presidential decree No. 179 of 7 May 2000, on
urgent measures to implement the conceptual underpinnings of social development
in Georgia, approved initiatives, first, on a national healthcare policy and,
second, on a strategic plan to develop health care
in Georgia over the period
2000-2009. The results of the first year of the strategic plan are currently
being evaluated. The plan
is based on the long-term macroeconomic forecast
drawn up by the Ministry of Economic Affairs in 1999, which has itself undergone
significant correction in the past year. The financial component of the
strategic plan is currently being reworked to bring it into
line with the
revised microeconomic indicators in the forecast.
182. The following table indicates the level of centralized funding for
healthcare programmes over the period 1997-2000.
Table 1
Planned indicator
(thousands of lari) |
Percentage executed
|
|
1997
|
49 313
|
56.5
|
1998
|
54 220
|
58.0
|
1999
|
52 800
|
55.3
|
2000
|
48 000
|
80.9
|
183. The following tables, taken from the Georgian Statistical
Yearbook for 2000, published by the State Statistics Office, provide the
principal public health indicators for Georgia.
Table 2
Death rates by age
|
|||||
1990
|
1996
|
1997
|
1998
|
1999
|
|
Total population
|
8.5
|
6.4
|
7.0
|
7.3
|
7.9
|
Of which aged:
|
|
|
|
|
|
0-4
|
4.1
|
3.5
|
3.5
|
3.1
|
3.2
|
5-9
|
0.3
|
0.2
|
0.2
|
0.2
|
0.2
|
10-14
|
0.3
|
0.1
|
0.1
|
0.2
|
0.2
|
15-19
|
0.6
|
0.3
|
0.3
|
0.4
|
0.4
|
20-24
|
1.0
|
0.6
|
0.6
|
0.7
|
0.6
|
25-29
|
1.3
|
0.9
|
0.9
|
0.9
|
0.9
|
30-34
|
1.6
|
1.2
|
1.3
|
1.2
|
1.2
|
35-39
|
2.2
|
1.7
|
1.9
|
1.8
|
1.8
|
40-44
|
3.2
|
2.6
|
2.5
|
2.6
|
2.6
|
45-49
|
5.0
|
3.4
|
3.4
|
3.5
|
3.6
|
50-54
|
7.4
|
5.5
|
4.9
|
5.2
|
5.3
|
55-59
|
11.0
|
7.9
|
7.6
|
7.3
|
7.1
|
60-64
|
17.1
|
11.7
|
13.1
|
12.8
|
13.7
|
65-69
|
24.6
|
17.9
|
19.5
|
20.9
|
22.0
|
70+
|
72.6
|
45.0
|
68.0
|
48.1
|
52.4
|
Table 3
Incidence of principal categories of disease
|
1996
|
1997
|
1998
|
1999
|
|
Incidence of disease (first-time diagnosis) (thousands of cases)
|
778.5
|
401.5
|
366.6
|
433.7
|
440.1
|
Of which:
|
|
|
|
|
|
Infectious and parasitic diseases
|
19.4
|
35.5
|
38.1
|
37.6
|
33.0
|
Neoplasms
|
3.2
|
3.8
|
4.2
|
5.6
|
6.2
|
Endocrine diseases, metabolic disorders
|
9.3
|
14.8
|
25.4
|
42.6
|
33.9
|
Diseases of the blood and blood-forming organs
|
3.5
|
5.0
|
4.8
|
6.0
|
6.7
|
Psychiatric disorders
|
2.9
|
3.1
|
4.2
|
6.9
|
6.5
|
Diseases of the nervous system and sensory organs
|
19.3
|
19.2
|
23.7
|
33.3
|
36.0
|
Diseases of the circulatory system
|
23.6
|
17.1
|
27.0
|
51.6
|
47.4
|
Diseases of the respiratory organs
|
172.5
|
160.3
|
122.7
|
130.4
|
151.8
|
Diseases of the digestive system
|
128.3
|
79.8
|
52.6
|
44.5
|
41.4
|
Diseases of the urogenital system
|
15.5
|
15.6
|
15.7
|
18.1
|
24.4
|
Complications during pregnancy, childbirth and the post-natal period
|
2.2
|
2.7
|
4.1
|
4.1
|
5.2
|
Diseases of the skin and hypodermic cellular tissue
|
27.5
|
15.6
|
14.4
|
18.8
|
15.1
|
Diseases of the musculoskeletal system and connective tissue
|
4.4
|
3.6
|
5.0
|
7.4
|
7.9
|
Birth defects
|
0.6
|
0.7
|
1.1
|
1.7
|
1.5
|
Specific perinatal conditions
|
0.2
|
0.7
|
1.4
|
2.6
|
3.1
|
Symptoms, signs and ill-defined conditions
|
0.7
|
1.1
|
0.4
|
1.7
|
1.3
|
Injuries, poisoning
|
45.4
|
22.9
|
21.8
|
20.8
|
19.1
|
Table 4
Incidence of principal categories of disease among
children aged 0-14
|
1996
|
1997
|
1998
|
1999
|
|
Incidence of disease (first-time diagnosis) (thousands of cases)
|
204.6
|
196.5
|
148.7
|
151.8
|
139.5
|
Of which:
|
|
|
|
|
|
Infectious and parasitic diseases
|
8.5
|
19.5
|
19.2
|
17.2
|
14.4
|
Neoplasms
|
0.1
|
0.0
|
0.8
|
0.2
|
0.1
|
Endocrine diseases, metabolic disorders
|
3.0
|
6.4
|
7.7
|
13.6
|
9.1
|
Diseases of the blood and blood-forming organs
|
2.6
|
3.3
|
3.1
|
3.1
|
2.8
|
Psychiatric disorders
|
0.2
|
0.2
|
0.3
|
0.6
|
0.6
|
Diseases of the nervous system and sensory organs
|
6.5
|
9.2
|
11.6
|
13.9
|
12.1
|
Diseases of the circulatory system
|
0.9
|
1.2
|
1.6
|
1.3
|
1.5
|
Diseases of the respiratory organs
|
100.9
|
97.4
|
79.8
|
72.5
|
73.9
|
Diseases of the digestive system
|
55.7
|
42.6
|
7.3
|
10.3
|
6.3
|
Diseases of the urogenital system
|
2.0
|
2.4
|
2.7
|
2.8
|
3.0
|
Diseases of the skin and hypodermic cellular tissue
|
7.2
|
5.0
|
5.2
|
5.7
|
5.0
|
Diseases of the musculoskeletal system and connective tissue
|
1.2
|
1.0
|
1.5
|
0.8
|
0.2
|
Birth defects (developmental disorders)
|
0.5
|
0.5
|
0.6
|
1.3
|
1.2
|
Specific perinatal conditions
|
0.3
|
0.2
|
0.5
|
2.6
|
3.0
|
Symptoms, signs and ill-defined conditions
|
1.1
|
0.6
|
0.6
|
1.4
|
1.1
|
Injuries, poisoning
|
13.9
|
7.0
|
6.2
|
4.5
|
4.2
|
Table 5
Infant mortality, under 1 year
Table 6
Infant mortality, under 5 years
Table 7
Breakdown of infant mortality (under 1 year) by region
1997
|
1998
|
1999
|
|
Tbilisi
|
26.0
|
29.4
|
42.9
|
Ajara
|
23.4
|
24.0
|
23.4
|
Guria
|
6.6
|
8.0
|
12.2
|
Racha-Lechkhumi and Kvemo Svaneti
|
14.1
|
8.2
|
7.2
|
Samegrelo and Zemo Svaneti
|
10.6
|
10.1
|
6.1
|
Mtskheta-Tianeti
|
5.7
|
3.7
|
17.1
|
Samtskhe-Djavakheti
|
12.4
|
9.2
|
12.6
|
Kvemo Kartli
|
10.0
|
6.0
|
9.9
|
Imereti
|
10.7
|
9.3
|
21.2
|
Kakheti
|
8.7
|
12.7
|
17.1
|
Shida Kartli
|
14.7
|
11.9
|
15.4
|
Georgia
|
15.3
|
15.2
|
17.5
|
Vaccine
|
1998
|
1999
|
||
Number immunized
|
Coverage
(per cent) |
Number immunized
|
Coverage
(per cent) |
|
Diphtheria, tetanus, pertussis
|
45 629
|
89.2
|
47 709
|
97.7
|
Rubella
|
53 098
|
95.5
|
54 029
|
97.0
|
Tuberculosis
|
48 199
|
73.9
|
44 581
|
95.2
|
Poliomyelitis
|
48 622
|
95.0
|
49 858
|
98.0
|
184. Figures provided by the Ministry of Labour, Health and Social
Welfare show that, in 1998, 1,247,275 children and teenagers aged
between 0
and 18 were registered with Georgian clinics and outpatient services. Of these,
1,017,678 were aged between 0 and 14,
and 49,891 of them under 1 year of
age. The corresponding figures for 1999 were 1,123,346 children and teenagers
aged between 0
and 18; 990,859 aged between 0 and 14; and 47,537 aged below
1.
185. In addition, the above-mentioned report under the International
Covenant on Economic, Social and Cultural Rights provides data
on the number of
women with access to professional medical assistance in childbirth and on
maternal mortality over the period 1998-1999
(para. 202). The same report
contains brief information on reducing stillbirths and infant mortality
(paras. 207 and 208). We also
refer to Georgia’s second periodic
report under the International Covenant on Civil and Political Rights, which
reviews issues
of mother and child health in the context of the exercise of the
right to life (paras. 90, 91 and 94-96).
186. In the report under the
International Covenant on Economic, Social and Cultural Rights, statistics are
provided about the number
of abortions performed over the period 1997-1999,
including early safe induced abortions (mini-abortions), disaggregated by age
group,
together with information on family planning
(para. 225).
187. The same report provides a detailed review of the
primary healthcare system (paras. 214217), and universal access to health
care
(para. 213). The latter issue is also covered in Georgia’s
initial report under the International Convention on the Elimination
of All
Forms of Racial Discrimination, which looks at legislative and practical aspects
of access to medical care on a non-discriminatory
basis
(paras. 234-237).
188. In addition, in its written replies to the
list of issues prepared by the Committee (section on basic health and welfare),
Georgia
provides information on the implementation of a number of government
healthcare programmes. The Ministry of Labour, Health and Social
Welfare
confirms that these programmes have continued to operate over the period from
mid-2000 to date.
189. With regard to public nutrition, reference is made
to Georgia’s second periodic report under the International Covenant
on
Economic, Social and Cultural Rights (paras. 148-162). The issue of access
to safe drinking water and sanitation is covered in
the same report, in
paragraphs 192-197. Attention may be drawn to the following salient
points:
− The overall level of food production in Georgia is very low, owing to a number of legal, financial and social factors;
− Imports of food into Georgia far outstrip its food exports, a constant imbalance over the period 1997-2000;
− Over the period 1997-1999, there was a net drop in food consumption levels, measured by all the main parameters;
− The public is, by and large, poorly informed about healthy eating habits, and very little has been done to raise awareness of this matter;
− The situation regarding the supply of safe and good quality drinking water may be categorized as inadequate;
− A large part of the country’s sewerage and water treatment facilities are run down, posing a serious risk of the spreading of diseases.
190. According to the Ministry of Economics,
Industry and Trade, there are no companies in Georgia specializing in the
production
of baby foods and imported foods are either of extremely low quality
or unaffordable for most of the population. The quantities
of baby foods
reaching the country in the form of humanitarian aid are insignificant and, in
any event, decreasing. In order to
resolve this problem, in January 2000, the
Georgian President issued a decree ratifying the blueprint for the development
of a baby
food production sector in Georgia and, in March 2000, a State
commission was set up to develop a government programme in this area.
191. In
its concluding observations (paras. 46 and 47), the Committee recommended that
the State party should increase its efforts
in promoting adolescent health
policies and childfriendly counselling services. The Committee also recommended
the strengthening
of reproductive health education, including the promotion of
acceptance by men of the use of contraceptives. In addition, the Committee
suggested that a comprehensive and multidisciplinary study should be undertaken
to ascertain the scope of adolescent health problems,
including children
infected with or vulnerable to HIV/AIDS and sexually transmitted diseases. The
Committee recommended that the
State party should take effective measures to
mobilize financial and human resources, to increase the number of social workers
and
psychologists and to develop youth-friendly care and rehabilitation
facilities for adolescents. It was further recommended that
the State party
should seek technical assistance from UNICEF and WHO, among
others.
192. With reference to the above recommendations, attention is
drawn, primarily, to the relevant information provided in the section
on basic
health and welfare in Georgia’s written replies to the Committee’s
list of issues.
193. With regard to the issue of counselling services,
reference is also made to paragraph 225 of Georgia’s second periodic
report under the International Covenant on Economic, Social and Cultural Rights
and to paragraph 81 of its second periodic report
under the Convention on the
Elimination of Discrimination against Women.
194. According to the
Ministry of Labour, Health and Social Welfare, over the last
three years there has been a steady increase in
the levels of venereal
disease among adolescents. According to information provided by
the State Statistics Office, the number of
patients with a firsttime
diagnosis of a venereal disease declined significantly over the
period 19981999. We believe that the country
is facing a critical
situation. With regard to the HIV/AIDS problem, according to UNICEF figures,
taken from official sources, as
of July 2000 there were more
than 130 registered cases of HIV infection in Georgia. According to
WHO experts, however, the actual
level of those infected with and suffering
from AIDS in Georgia is as high as 1,000. According to the
Ministry of Labour, Health
and Social Welfare, no cases of AIDS have been
identified among people aged under 18. Yet, at the end of last year, an
independent
broadcasting station in Georgia reported that a child had been born
with congenital AIDS.
195. In June 2000, a meeting was held in Odessa,
Ukraine, bringing together representatives of the three Caucasian States -
Armenia,
Azerbaijan and Georgia - to discuss the issue of elaborating national
policies to prevent HIV/AIDS. The meeting was attended by
government
delegations and representatives of non-governmental organizations and donor
bodies. The outcome of the meeting was a
road map for the development of
strategies in all three countries to prevent HIV/AIDS. At the next stage, it is
planned to amalgamate
detailed plans of action from each of the participating
countries into a centralized Transcaucasian strategy and to develop a common
plan of action for the prevention of HIV/AIDS in the region. UNICEF has taken
on itself the role of steering this process and, in
conjunction with the United
Nations joint programme on HIV/AIDS, will be responsible for raising funds for
its implementation.
D. Social security and childcare services and facilities (arts. 26 and 18.3)
196. With reference
to the issues covered by these articles of the Convention, attention is drawn to
the comments in the country’s
initial report, contained in paragraphs
237-239, which remain valid.
197. With regard to the information provided
in paragraph 239 of that report, we can add that, at the current time, the
State is providing
welfare payments of 14 lari per month for children
who have lost their breadwinner and for disabled children aged up to 16.
In addition,
the State provides social insurance for persons in the following
categories: first, children of internally displaced persons; second,
underage
single mothers; third, children receiving lossofbreadwinner welfare payments;
fourth, orphans; and, fifth, disabled children
aged up
to 16.
198. Paragraph 240 of the initial report describes the
introduction in Georgia of a new system of State support for certain socially
vulnerable population sectors - a form of family benefit. Over the period under
review, there have been changes to both the categories
of beneficiaries and the
levels of funding of this State programme. More detailed information on this
matter may be found in Georgia’s
second periodic report under the
International Covenant on Economic, Social and Cultural Rights, in paragraphs
122 and 123.
199. In this context, it may be useful to cite figures
provided by the Ministry of Economics, Industry and Trade, which show that
the
households in the worst economic situation are those with children aged below
15. Poverty levels in 1999 were substantially
higher for all types of family in
this category than in 1998. This applies in particular to families with three
and more children,
of which 71.6 per cent were below the poverty line,
representing an increase of 16.8 per cent. The highest poverty
levels among
families with large numbers of children are to be found in the
towns and cities, where 8 of every 10 large families live below the
poverty
line.
200. Paragraph 242 of the country’s initial report under the
Convention describes the system of children’s pre-school
establishments.
The number of such pre-school establishments has fluctuated during the period
under review, showing an overall decline.
This downward trend also applies to
the number of children attending such establishments, as evidenced by data
provided by the Georgian
State Statistics Office. The Ministry of Economics,
Industry and Trade attributes this trend to the steady decline in funding
provided
for State pre-school establishments since 1990. Currently, these
establishments are funded from local budgets and, in areas where
funding is
limited, many kindergartens have had to close or become self-financing. While
in 1990 there were 42,800 children aged
between 0 and 2 and 166,200 children
aged between 3 and 6 attending crèches and kindergartens, in 1999 these
figures had dropped,
respectively, to 10,500 and 63,400. The Ministry
identifies the following reasons for this decline: financial difficulties,
deterioration
in living conditions, unresolved problems with food and heating,
high unemployment levels among parents and their low income.
201. Among other measures designed to benefit children in particular,
attention should be drawn to the following (figures provided
by the Ministry of
Labour, Health and Social
Welfare):
− Over the period 2000-2001, 225 mothers of large families received benefits totalling some 46,300 lari under the lump-sum benefit programme;
− More than 190,000 needy households, most of them families with children, benefited from the winter-heating programme implemented with the support of the United States Agency for International Development;
− The Georgian office of the International Federation of Red Cross and Red Crescent Societies, with financial assistance from the German Red Cross, carried out a humanitarian food aid programme in four Georgian cities, Tbilisi, Rustavi, Kutaisi and Batumi. The programme’s beneficiaries were the following vulnerable groups: large families, single mothers with multiple children, and families with disabled children.
E. Standard of living (art. 27.1-3)
202. In its concluding observations (paras. 50
and 51), the Committee recommended that the State party should increase its
efforts
to provide material assistance and support to economically disadvantaged
families and guarantee the right of children to an adequate
standard of living.
In this context, the State party was urged to promote programmes to discourage
and prevent child begging. The
Committee encouraged the State party to proceed
with the programme, in cooperation with the World Bank, to eradicate poverty,
especially
among children.
203. The comments in the country’s
initial report relating to this matter (para. 243) continued to apply over the
period under
review. This is also true of the first two sentences of
paragraph 244 of that report: “The standard of living of children
is
a reflection of the standard of living of adults. At this level, our unsolved
problems outweigh the achievements.”
204. At more or less the same
time as the present report, Georgia submitted its second periodic report under
the International Covenant
on Economic, Social and Cultural Rights. This latter
report provides information on the standard of living in Georgia and on
measures,
both planned and under implementation, to improve the standard of
living. Accordingly, we provide below information from that report
of
particular relevance to implementation of the article under
consideration.
205. In December 2000, based on average prices, the
subsistence minimum in Georgian towns, calculated by standards valid for
that
period, was as follows: for men of an employable age - 104.5 lari, for the
average consumer - 100.4 lari, for the average family
- 199.2 lari. For
different types of family, the subsistence minimum, calculated on this basis,
has fluctuated as follows:
Table 8
One member
|
Two members
|
Three members
|
Four members
|
Five members
|
Six and more members
|
|
December 1999
|
96.7
|
154.8
|
174.1
|
193.5
|
217.6
|
301.8
|
2000
|
|
|
|
|
|
|
January
|
103.4
|
165.5
|
186.2
|
206.9
|
232.7
|
322.7
|
February
|
104.0
|
166.3
|
186.1
|
207.9
|
233.9
|
324.4
|
March
|
102.2
|
163.5
|
183.9
|
204.4
|
229.9
|
318.8
|
April
|
103.3
|
165.3
|
186.0
|
206.6
|
232.5
|
322.4
|
May
|
100.5
|
160.8
|
180.9
|
201.1
|
226.2
|
313.6
|
June
|
99.0
|
158.3
|
178.1
|
197.9
|
222.7
|
308.8
|
July
|
96.1
|
153.8
|
175.0
|
192.2
|
216.2
|
299.8
|
August
|
98.5
|
157.5
|
177.2
|
196.9
|
221.5
|
307.2
|
September
|
99.3
|
158.9
|
178.8
|
198.7
|
223.5
|
309.9
|
October
|
100.4
|
160.7
|
180.8
|
200.9
|
226.0
|
313.3
|
November
|
101.7
|
162.7
|
183.1
|
203.4
|
228.8
|
317.3
|
December
|
100.4
|
160.7
|
180.8
|
200.9
|
226.0
|
313.4
|
206. The subsistence minimum in the capital, Tbilisi, is 4 per cent
higher than the average level for the country as a whole.
207. The
standard minimum wage, in other words, the wage which, in the conditions which
have emerged over the recent past, would be
sufficient, alongside other income,
to ensure that a fourmember family could live within its budget at the
subsistence minimum level,
was calculated as 43.5 lari per person in
employment (December 2000). The minimum wage (20 lari) amounts to
43.9 per cent of that
standard wage.
208. The following table shows
income statistics for the period 1995-1999.
Table 9
Unit
|
1995
|
1996
|
1997
|
1998
|
1999
|
|
---|---|---|---|---|---|---|
Monetary income of
the population |
millions
of lari |
1 164.0
|
2 500.0
|
1 800.0
|
1 751.8
|
1 723.7
|
Monetary spending of
the population |
millions
of lari |
1 077.0
|
2 454.6
|
2 390.0
|
2 534.6
|
2 677.2
|
Average wage
|
Lari
|
13.6
|
29.0
|
42.5
|
127.6
|
114.4
|
Increase in actual
monthly earnings |
per cent
|
134.4
|
152.9
|
139.8
|
123.2
|
103.6
|
Minimum consumption
basket |
Lari
|
41.3
|
47.7
|
182.7
|
183.9
|
193.5
|
Minimum food basket
|
Lari
|
28.9
|
33.4
|
128.0
|
128.7
|
135.5
|
209. For a definition of the term “home” we refer to
Georgia’s second periodic report under the International Covenant
on Civil
and Political Rights, paragraph 419.
210. For information on legislative
safeguards of the right to housing, reference is made to Georgia’s initial
report under
the International Convention on the Elimination of All Forms of
Racial Discrimination, paragraphs 221-230. This report also contains
statistics
(para. 231) and a brief survey of the actual housing situation in Georgia (para.
232).
211. The Ministry of Town Planning and Construction and the
Ministry of Justice have provided additional information of relevance
to the
right to adequate housing, and this is reproduced below.
212. According
to current statistics, Georgia has 101.5 million m2 of housing stock.
Of this:
− 18.5 million m2 is owned by local authorities (municipal housing), of which 15 million m2 or 280,000 apartments have been privatized;
− 4.5 million m2 is owned by administrative or economic entities, with 2 million m2 or 34,000 apartments privatized;
− 4.5 million m2 belongs to building and loan associations, with 2.8 million m2 or 32,000 apartments privatized;
− 74 million m2 of housing is privately owned, 20 million m2 in the towns and 54 million m2 in the countryside.
213. Of the current housing stock, 24 million
m2 or 9,000 buildings are technically substandard and 1,200 buildings
have been condemned. The estimated cost of upgrading Georgia’s
housing
stock is 750 million lari.
214. In the period 1997-2000, 71,500
m2 of new housing was built with public funds and 490,000
m2 by private contractors.
215. The following statistics refer
to the provision of amenities in current housing stock:
− 97.5 per cent of homes have a water supply;
− 94.6 per cent have sewerage;
− 86.2 per cent have a bathroom;
− 55.5 per cent have running hot water;
− 98 per cent have central heating;
− 76 per cent have natural gas;
− 12 per cent have electric cooking facilities.
216. By way
of commentary to these statistics, it should be borne in mind that, owing to the
difficult economic climate in Georgia,
practically the entire national housing
stock lacks hot water and central heating at the present
time.
217. According to information available to the authorities, some
110,500 families or approximately 386,750 people are currently homeless.
Overall, 20.5 million m2 of housing stock or 20.2 per cent of
the total is dilapidated, unsafe, needing repair, or lacking amenities, yet is
home to 1,138,800
people.
218. Residential construction projects are
currently handled by public and private corporations or by individual
contractors. Provided
the necessary permit is obtained, no obstacles are placed
in their way. Construction projects are financed from various sources,
but
private construction companies are not publicly funded and commonly make use of
bank loans (unless they invest their own capital).
219. In the light of
the foregoing, it is clear that the provision of housing to socially
disadvantaged population groups is a very
serious problem. Pursuant to the
national programme to combat poverty and promote economic growth, the Ministry
of Town Planning
and Construction has drawn up a draft national housing
programme. As part of the World Bank’s technical assistance programme,
experts from that organization have been involved in drawing up a housing reform
programme. Implementation of this programme, however,
has stalled, for want of
funding.
220. The Ministry of Town Planning and Construction considers
the improvement of the legislative framework to be an essential step
in
addressing the problems which impede the realization of the right to housing and
the construction of living accommodation. To
this end, the Ministry has
prepared a bill on condominiums, which it has submitted to the Government for
its consideration. Other
bills on town planning and a draft enactment on
building regulations for Tbilisi have been prepared and are currently at the
consultation
stage.
221. With regard to the problem of so-called
“street children”, the following information is provided to the
Committee.
Over the period 1996-1998, the non-governmental organization
Children and the Environment carried out a project on street children
in Tbilisi
designed to provide psychological and social rehabilitation for children in this
category and to give them material support.
Under the project, in September
1997 a shelter was created for street children, accommodating 50 children
by day and 20 by night.
The project was funded by various international
organizations and foundations. In 1999, with assistance from a local
nongovernmental
organization and the British Embassy in Georgia, the Tbilisi
street children’s project was allocated a plot of land as a means
of
boosting the material situation of these children. The land has been developed
as a fruit and vegetable farm, the proceeds from
which are used for the benefit
of the children.
222. Since January 2000 the UNICEF office in Georgia has
been funding a special programme for street children, which is also being
implemented by Children and the Environment. Under the programme, cultural and
educational activities are conducted by teachers,
psychologists and
sociologists with the children on the streets. The children are given the materials that they need for their studies, toys and other materials. The task of discouraging and preventing child begging is closely interlinked with efforts to mitigate poverty in the country.
VII. EDUCATION, LEISURE AND CULTURAL ACTIVITIES
A. Education, including vocational training and guidance
(art. 28)
223. In
its concluding observations (paras. 52 and 53), the Committee recommended that
the State party should take all appropriate
measures, including the allocation
of adequate financial, human and technical resources, to improve the situation
of education and
ensure that all children enjoyed the right to education. The
Committee also recommended that the State party should seek to implement
additional measures to encourage children to stay in school, particularly during
the period of compulsory education, and to facilitate
pre-school education. The
Committee encouraged the State party to take all appropriate measures to improve
the quality of teaching,
to develop child-friendly schools and to facilitate the
introduction of traditional languages into the school curriculum. The State
party was recommended to seek to strengthen its educational system through
closer cooperation with UNICEF and the United Nations
Educational, Scientific
and Cultural Organization.
224. Below are statistics providing an
overview of the education sector in Georgia.
Table 10
Level of education of the population
|
1989
|
1999
|
|
---|---|---|---|
Total number of persons aged 10 and over with complete or incomplete higher
or secondary education (per 1,000 persons in this age
range)
|
698
|
798
|
871
|
Portion of this total with:
|
|
|
|
Higher education
|
103
|
137
|
201
|
Incomplete higher education
|
19
|
22
|
40
|
Specialized secondary education
|
100
|
169
|
174
|
General secondary education
|
292
|
328
|
330
|
Incomplete secondary education
|
184
|
142
|
125
|
Table 11
Educational establishments: Number of
students
and pupils (at beginning of academic year)
|
Number of students (pupils)
(in thousands) |
|||||
|
1997/98
|
1998/99
|
1999/2000
|
1997/98
|
1998/99
|
1999/2000
|
Pre-school
establishments |
1 224
|
1 241
|
1 229
|
74.9
|
74.2
|
74.0
|
State general education
schools |
3 223
|
3 237
|
3 201
|
721.8
|
722.5
|
714.4
|
Elementary vocational
and trade schools |
99
|
98
|
84
|
17.8
|
18.4
|
16.8
|
State secondary
specialized educational establishments |
81
|
83
|
85
|
30.7
|
32.4
|
29.9
|
Private (fee-paying)
secondary specialized educational establishments |
47
|
58
|
58
|
5.2
|
7.2
|
6.8
|
State higher
educational establishments |
23
|
24
|
24
|
87.3
|
90.1
|
95.0
|
Private (fee-paying)
higher educational establishments |
159
|
154
|
162
|
40.2
|
38.3
|
40.1
|
Postgraduate
institutions |
66
|
66
|
69
|
1.9
|
1.8
|
1.8
|
225. In recent years, the number of pupils attending secondary general
educational and specialized schools (expressed per 1,000 of
population) has
remained fairly stable, whereas the number of students attending higher
educational establishments has risen significantly.
Table 12
Breakdown of pupils at daytime general educational
schools,
by language of instruction
|
1998/99
|
1999/2000
|
|
Total number of pupils (in thousands)
|
714.6
|
715.8
|
707.6
|
Of which taught in:
|
|
|
|
Georgian
|
600.0
|
603.1
|
600.4
|
Russian
|
44.4
|
43.7
|
40.8
|
Azerbaijani
|
41.9
|
41.0
|
39.6
|
Armenian
|
28.0
|
27.8
|
26.7
|
Ossetian
|
0.2
|
0.2
|
0.2
|
226. During the reporting period there was a decline in the number of
educational institutions in this category, and also a decline
in the number of
students enrolling in or graduating from vocational schools. During the period
1997-1999 the number of educational
establishments in this category declined
from 99 to 84, and the number of students from 19,600 to 16,800. The annual
intake fell
from 11,100 to 7,100, and the number of those completing their
courses from 10,100 to 7,200.
227. During the reporting period, the
number of State secondary specialized educational establishments increased from
81 in 1997 to
85 in 1999. Meanwhile the number of students fell from 30,770 in
1997 to 29,900 in 1999, principally owing to the decline in the
number of
students taking distance-education courses. The number of privately run schools
in this category increased from 47 to
58, as did the number of enrolled students
(from 5,800 to 6,800). Feepaying courses are offered during the daytime
only.
228. Education for mentally and physically disabled children is
provided by 14 residential institutions catering for 2,460 children
(1,151 girls
and 1,309 boys) aged between 7 and 18. Analysis of recent data reveals that the
number of children in residential institutions
has steadily increased, from
1,551 in 1997 to 2,460 in 2000.
229. Information received from various
sources indicates that, over the reporting period, public expenditure on
education has declined
steadily. In 1999 budget appropriations for education
did not exceed 2.2 per cent of GDP. In absolute terms the sum involved was
just
less than 30 million lari. Against the backdrop of a chronically underfunded
education system, as noted in the UNDP Human Development Report 2000 for
Georgia, propitious circumstances have developed for an informal system of
payments whereby Georgian households fund much of
the budget of educational
institutions from their own resources. They contribute to so-called
“school funds” and provide
fuel to heat school buildings in
wintertime, etc. In addition, official fees are payable at private secondary
and higher educational
establishments.
230. As a result of negotiations
that have been going on since 1998, an agreement has been signed under which the
World Bank has undertaken
to lend US$ 60 million to the Georgian Ministry
of Education. This money will be spent exclusively on the secondary school
system.
The following priorities have been selected:
− Establishment of national standards and curricula; development and introduction of new textbooks complying with national standards and curricula, and provision of teaching support materials to schools;
− Enhancement of training and refresher courses for teachers in line with new standards;
− Modification of the assessment system in secondary schools; introduction of computerized administration systems; and formulation of administrative policy in the educational sphere;
− Optimization of a model for teachers’ salaries. It should be noted that in executing loan projects a mechanism exists to ensure public scrutiny of the targeted use of funds.
This kind of monitoring
can be performed by non-governmental organizations. When Georgia submits its
third periodic report, we may
be in a position to announce the results achieved
during the implementation of these projects.
231. We should point out
that, during the reporting period, the legislative framework governing the
education system, as described
in the country’s initial report under the
Convention (paras. 250 and 255-257) remains in place. We also draw the
Committee’s
attention to relevant information contained in the
country’s initial report under the International Convention on the
Elimination
of All Forms of Racial Discrimination (paras. 255-265), in which it
will find statistics on equal access to education at all levels
(paras. 266, 267
and 271) for ethnic minorities.
232. In addition, we provide information
below on the system of daytime general education schools during the 2000/01
school year,
on the introduction in Georgia of the so-called “active
teaching” method and on certain new initiatives relating to teaching
of
the Convention.
233. Ministry of Education figures show that, during the
current year, there were 3,157 daytime general education schools in
total,
three more than the year before. Of these, the number of primary
schools has increased from 791 to 800 and of full-cycle secondary
schools from
1,631 to 1,652, while that of basic secondary schools has dropped from 732
to 705.
234. During the current school year, the total number of
schoolchildren at all levels is 697,400, comprising 380,500 boys and 316,900
girls, representing a drop of 15,000 from the previous year’s totals.
This decline has been most pronounced in basic secondary
schools, where totals
have dropped from 94,400 to 85,100. One of the primary reasons for this has
been the declining birth rate
in the country in recent years: children entering
the school system in 2000/01 were born in 1993.
235. In 2000, 631 pupils
dropped out of school (182 girls and 449 boys). Of these, 527 were in the
cities and 194 in the countryside.
The vast majority of the children dropping
out of school were pupils in the Georgian-medium schools (617 children),
reflecting a
constant trend over the reporting period. At the same time, we
should note that the school dropout figures for 2000 are the lowest
for the last
four years.
236. There has been an increase in the relative number of
school-leavers completing the full school cycle: expressed as a proportion
of
the total number of schoolchildren this has climbed from 51.6 per cent in 1997
to 62.2 per cent in 2000. At the same time, the
absolute numbers of
school-leavers has substantially dropped - from 9,763 in 1997 to 7,256 in
2000.
237. There are 454 schools operating a hot-seating system: the
number of children attending classes in the second shift is 77,400.
The
majority of these are urban children. Three of these schools have a triple
shift system: 499 children attend classes in the
third shift, nearly all of
them in city schools.
238. In the 2000/01 school year, a substantial number of schoolchildren
exercised their right to education by following remote education
programmes. Of
these:
− 307 children (162 in towns and 145 in the countryside) sat the basic secondary school leaving exams as external candidates and received their school-leaving certificates;
− 943 children (777 in towns and 166 in the countryside) sat the full secondary school leaving exams as external candidates and received their school-leaving certificates;
− 2,775 children followed special home-based study programmes (930 in towns and 1,845 in the countryside).
239. In the current
school year, there are 187 Russian-medium, 168 Azerbaijani-medium and 155
Armenian-medium schools operating in
Georgia, attended by 38,102, 38,175 and
25,938 children, respectively. Particular attention is given in these schools
to the study
both of the children’s native language and literature and of
the Georgian language. Thus, in Russian schools 73 school periods
are
devoted to Russian language and literature and 70 school periods to Azerbaijani
and Armenian language and literature in the Azerbaijani
and Armenian schools.
At the same time, the number of periods devoted to Georgian, which is now taught
from the first grade, has
been substantially increased in ethnic minority
schools.
240. The principal problems faced by non-Georgian schools
include the disrepair of many of the school buildings, the shortage of textbooks
and other materials and the lack of qualified teachers for certain
subjects.
241. Since 2000, the Georgian Ministry of Education, with
support from UNICEF, has embarked on a project to promote the so-called
“active teaching” method in schools. Under this method, children
play a much more active part in the educational process
and are encouraged to
engage in discussion and to develop their creativity in class. Over the
reporting period, a series of basic
seminars was held to train a group of
specialists in the method. In the next stage, these specialists conducted
training courses
for the teachers themselves. Initially, the “active
teaching” method was introduced in six secondary schools in Tbilisi.
In
the current school year, this new teaching method is being followed in 10
schools, both in Tbilisi and in some of the country’s
district centres.
The programme is primarily aimed at teachers in the lower classes. It is hoped
that the “active teaching”
method will enable schoolchildren to
think more independently and to develop decision-making skills and the ability
to understand
other people, which will greatly assist them in their future
lives.
242. The Tbilisi International Human Rights School, a
non-governmental organization in Georgia, working with assistance from the
Georgian
office of the Organization for Security and Cooperation in Europe
(OSCE) and financial support from the Office for Democratic Institutions
and
Human Rights has prepared the translation into Georgian of a teaching manual on
human rights, entitled First Steps. The manual has been published in a
fairly large print run (2,000 copies), and distributed to schools in
Tbilisi, Kutaisi, Batumi,
Rustavi, Poti and Mtskheta, as well as to other areas
of the country. A cartoon film on the issue of human rights protection,
prepared
by the United Nations, has also been screened in Georgian.
B. Aims of education (art. 29)
243. The comments in the country’s
initial report under the Convention, contained in paragraphs 261 and 262, remain
valid.
With regard to the training of schoolteachers taking classes in human
rights (paragraph 262 of the initial report), there have been
certain positive
developments during the period under review. Detailed information about these
may be found in the section on education,
leisure and cultural activities in
Georgia’s written replies to the Committee’s list of
issues.
244. With reference to the issue of educational opportunities for
minors in custody, reference is made to the country’s second
periodic
report under the International Covenant on Economic, Social and Cultural Rights,
paragraphs 208-210.
C. Leisure, recreation and cultural activities (art.
31)
245. As noted in the
initial report under the Convention (para. 264), there are arrangements in
Georgia for children to spend their
leisure time in the constructive pursuit of
their interests. According to data provided by the Ministry of Education, more
than
75,000 schoolchildren are currently enrolled in such clubs and
associations. These include:
− Young technicians clubs, of which there are 309 in the country’s towns and cities (with a total membership of 5,052 children) and 412 in the countryside (6,088 members);
− Young naturalists clubs, of which there are 264 in the towns and cities (4,815 members) and 561 in the countryside (9,132 members);
− Hiking and local history clubs, of which there are 123 in the cities and towns (2,572 members) and 156 in the countryside (2,836 members);
− Arts and crafts clubs, of which there are 636 in the towns and cities (17,579 members) and 1,053 in the countryside (24,672 members);
− Clubs and associations of other kinds, of which there are 14 in the towns and cities (416 members) and 118 in the countryside (2,202 members).
As demonstrated by the above figures, children in
village schools are more extensively involved in such children’s clubs and
associations than their counterparts in the cities and
towns.
246. According to information provided by the Ministry of
Education, during the summer and winter school holidays special leisure
centres
are set up in Georgian resort areas for children deprived of parental care. At
these leisure centres - the summer one in
Ureki and the winter one in the
Borjomi gorge - children participate in a range of creative and learning
activities, as well as engaging
in sport and other exercise.
247. In Georgia’s initial report under the Convention, it was already
noted that the country has a widely developed cultural
infrastructure adequate
to meet the needs of children in this area (para. 266). It should be noted,
however, that the cultural establishments
concerned are encountering significant
problems in carrying out their activities, owing to funding
constraints.
248. With regard to exercise of the right to equal
participation in cultural activities, reference is made to the country’s
initial report under the International Convention on the Elimination of All
Forms of Racial Discrimination (paras. 272-279). Detailed
information on the
country’s existing cultural facilities, cultural activities and the
associated problems may be found in
Georgia’s second periodic report under
the International Covenant on Economic, Social and Cultural Rights (paras.
243-265).
249. With reference to this issue, attention should also be
drawn to Georgia’s written replies to the list of issues formulated
by the
Committee on Economic, Social and Cultural Rights in connection with its
consideration of Georgia’s initial report under
the International
Covenant, relating to question 50, which deals with measures to promote the
culture of Georgia’s ethnic minorities.
250. In addition to the
measures described above, another important cultural event which has
significantly helped publicize the Convention
in Georgia was the creative
competition on the theme of the Convention on the Rights of the Child, a joint
initiative of the Government
of Georgia and UNICEF held between August 2000 and
March 2001. Participants in the competition - writers, poets and painters -
submitted
a wide range of work in which they reflected various aspects and
provisions of the Convention in a form accessible to children.
The six
prize-winning pieces (three intended for children between 7 and 13 years old and
three for children between 13 and 18) will
be illustrated by the artists whose
entries won prizes in the competition and published as separate booklets. These
may be used
in schools in teaching about the Convention and will also have an
artistic value of their own.
VIII. SPECIAL PROTECTION MEASURES
A. Children in situations of emergency
1. Refugee children
(art. 22)
251. In
its concluding observations (paras. 54 and 55), the Committee recommended that
the State party should take all appropriate
measures to protect the rights of
refugee, asylum-seeking and unaccompanied children and facilitate their access
to adequate housing,
education, health and other social services. In that
regard, the State party was encouraged to consider the adoption of legislation
on asylum-seekers. In addition, the State party was recommended to take
measures to facilitate family reunification and to establish
an effective
refugee status determination procedure for unaccompanied minors. The Committee
also recommended that the State party
should undertake a study on refugee,
asylum-seeking and unaccompanied children to ascertain the extent to which they
were victims
of torture or other cruel, inhuman or degrading treatment and
punishment; economic exploitation, including forced labour; commercial
sexual
exploitation, sale, trafficking and abduction; and abandonment, abuse and
neglect.
252. Besides this, in its concluding observations (paras. 56 and
57) the Committee recommended that the State party should implement
the
so-called “New Approach” to internally displaced persons. This
involves improving their current conditions, while
continuing to support their
right to return voluntarily to their homes in safety and dignity.
253. In
response to these comments and recommendations by the Committee, reference
should be made, primarily, to Georgia’s written
replies relating to the
consideration of the country’s initial report under the Convention
(section on special protection measures).
This document both describes the
legislative provisions governing issues relating to the situation of refugees
and internally displaced
persons and provides a certain amount of statistical
information. All this information remains valid.
254. As confirmed by
the Ministry of Refugee Affairs and Resettlement, Georgia has no legislation
specially designed to protect refugee,
asylum-seeking or unaccompanied children.
There have been instances in Georgia where children from conflict areas have
been sought
by surviving members of their families, but Georgia has no special
bodies or arrangements to tackle problems of this
kind.
255. Responsibility for the distribution of international
humanitarian deliveries intended for internally displaced persons, including
children, rests with the coordinating bureau for international humanitarian aid,
together with, in the case of internally displaced
persons from Abkhazia, the
Council of Ministers of the Abkhaz Autonomous Republic.
256. To date no
study of the situation of refugee children and children and other categories, of
the type mentioned in paragraph 55
of the Committee’s concluding
observations, has been carried out in Georgia.
257. As for the right of
internally displaced persons to return to their homes in safety and dignity, as
recommended by the Committee
in paragraph 57 of its concluding observations, we
regret to have to report that there has been no progress in this regard. The
reasons for this are discussed in Georgia’s second periodic report under
the International Covenant on Civil and Political
Rights, the relevant portions
of which are quoted below.
258. Paragraphs 29-31 of that report
state:
“Throughout Georgia’s conflicts the international community has consistently supported and continues to support the principle of the country’s territorial integrity and sovereignty. In the case of Abkhazia, this support has been expressed in all resolutions of the United Nations Security Council since 1993. Indeed, in this context one must look closely at the wording used with regard to the need to determine ‘the political status of Abkhazia within the State of Georgia’ (Security Council resolution 1065 (1996) of 12 July 1996). Commitment to the permanence of Georgia’s sovereignty and territorial integrity is unequivocally reflected in the documents of the Budapest, Lisbon and Istanbul summits of OSCE (held in 1995, 1997 and 1999 respectively) and of the summit
meetings of the Commonwealth of Independent States. The United Nations
Security Council has called the efforts to legitimize the
separatist regime in
Abkhazia through the holding of self-styled elections and referendums on the
status of the region illegitimate
and unacceptable (resolution 1287 (2000) of 31
January 2000). Given that the majority of the population of Abkhazia has been
exiled
from their homes as a result of the ethnic cleansing and brutality
perpetrated by the separatists, this appraisal accurately reflects
the position
of the international community.
“A settlement of the conflict around Abkhazia can thus be obtained by
determining the region’s political status as part
of a united Georgia and
by repatriating the hundreds of thousands of displaced persons. Efforts to this
end are being made by the
Georgian side and the international community. In
addition to United Nations structures, the group of Friends of the
Secretary-General
on Georgia as well as Ukraine and other countries of the
southern Caucasian region are participating in the consultation process.
The
Russian Federation, too, has an important positive role to play in the
settlement of the conflict. As regards the status of
the region, Georgia has
proposed and continues to propose that Abkhazia should move up to a higher level
- from an autonomous region
to a constituent member of a federation
distinguished from other such constituent entities by virtue of its elevated
status - but
maintains that this should be achieved by a constitutional
settlement, rather than through an international treaty. This position
on the
part of the country’s political leaders is shared by the international
community. Unfortunately, the position taken
by the Abkhaz side, which is
prepared to ‘discuss only one question, that of possible relations between
two equal and sovereign
States, Abkhazia and Georgia’ (letter dated 14
February 2000 from the leader of Abkhazia, Mr. V. Ardzinba, addressed to the
Secretary-General), does nothing to promote a settlement of the conflict. The
prospects of the repatriation to Abkhazia of displaced
persons, most of whom are
Georgian, also seems very unlikely, at least in the foreseeable future. This is
due to the separatists’
setting of preconditions, consideration of which
lies outside the scope of this report, but also to the absence of guarantees of
security for the returnees.
“Emphasis is being placed on problems relating to the settlement of
the conflict around Abkhazia because that situation is
more complex than the
conflict in Tskhinvali region. During the time elapsed since the initial
report, talks between the Georgian
and Ossetian sides aimed at settling that
conflict have been more or less regular. Among the international organizations
involved
in this process, OSCE has played an active role, although UNDP has
played a significant role in terms of cooperation for the economic
rehabilitation of the region. And the fact that commercial and economic ties
between Tskhinvali region and the rest of Georgia have
been maintained and that
the region is less isolated is of considerable significance. In the assessment
of Georgia’s political
leadership, relations between Georgia and Ossetia
(specifically, the former South Ossetia) have entered the post-conflict
phase.
The groundwork for this has been laid by people-to-people diplomacy, the
most important factor in settling the conflict, which has
been quite successful.
Clearly, this type of conflict resolution cannot be achieved without the
goodwill of the population.”
2. Children in armed conflicts
259. In its concluding observations (paras. 58
and 59), the Committee recommended that the State party should take measures to
ensure
the protection and care of children affected by armed conflict, including
their physical and psychological recovery and social reintegration.
The
Committee strongly recommended the adoption of appropriate measures to locate
and clear the landmines in its territory, and
to promote awareness about the
potential dangers. The State party was recommended to undertake a study to
determine the impact of
landmines in its territory, particularly on children.
The Committee recommended that the State party should reinforce its efforts
to
accede to the Convention on the Prohibition of the Use, Production, Transfer and
Stockpiling of Anti-Personnel Landmines and on
Their Destruction. In addition,
the State party was encouraged to seek technical cooperation, in particular with
the United Nations
Mine Action Service.
260. In this context, attention
is drawn to the articles in Georgia’s new Criminal Code directly relevant
to the situation of
children in armed conflict. These may be found in the
chapter on offences against the peace and safety of humankind and against
international humanitarian law, in which, for the first time, the law
criminalizes such offences as:
− Deliberate breaches of international humanitarian law in times of armed conflict (art. 411);
− Violations of international humanitarian regulations applicable in times of armed conflict between or within States, in the form of deliberate threats to safety or health or the infliction of physical injury (art. 412);
− Other violations of international humanitarian norms (art. 413).
In this context, attention should also be drawn to the
new interdepartmental commission on the application of international
humanitarian
law which is currently in operation in Georgia and which has
responsibility for the entire range of issues in this area.
261. With
regard to the issue of landmines and their associated dangers, we note that the
information contained in Georgia’s
written replies to the
Committee’s list of issues, in the section on special protection measures,
remains valid. The study
referred to in the Committee’s recommendation in
paragraph 59 has still not been carried out in Georgia, nor has Georgia yet
acceded to the Convention on the Prohibition of the Use, Production, Transfer
and Stockpiling of Anti-Personnel Landmines and on
Their Destruction. We
are informed by the Ministry of Foreign Affairs that the domestic procedures for
accession to this Convention
have not been commenced.
262. The Ministry
for Refugee Affairs and Resettlement draws attention, among measures for the
rehabilitation of children affected
by armed conflict within the territory of
Georgia, to the organization of holidays for such children in summer camps.
Children in
this category are also
sent abroad with the aim of fostering their psychological rehabilitation.
Thus, several groups of children of internally displaced
persons have spent
holidays in Italy and Spain, with support from the Italy-Georgia and
Spain-Georgia friendship societies, where
they stayed with families and made
friends with local children.
B. Children in conflict with the law
1. Administration of juvenile justice (art. 40)
263. Under this
article of the Convention, we note that the various questions relating to the
rights of children suspected of, charged
with, confessing to or convicted of the
commission of offences, are reviewed in Georgia’s written answers to the
Committee’s
list of issues, in the section on special protection
measures.
264. In addition, the particular features of Georgian legal
process in cases involving juvenile offenders are reviewed in Georgia’s
second periodic report under the International Covenant on Civil and Political
Rights (paras. 352-357).
265. To supplement that information, we draw
attention to the section included in the new Criminal Code, the provisions of
which are
cited in the above-mentioned report under the International Covenant
on Civil and Political Rights, dealing specifically with the
criminal liability
of minors and with the exoneration of minors from criminal liability and
punishment (arts. 80-100).
266. Where the Code of Criminal Procedure is
concerned, attention is drawn to the chapter on criminal proceedings involving
minors
(arts. 639-659).
267. Generally speaking, the legal safeguards
protecting the rights of minors involved in the justice system, described in the
country’s
initial report (paras. 279-284), remain in force. As for the
compulsory re-education measures described in paragraph 286 of the
initial
report, the schedule of such measures has been amended. More detailed
information about this may be found in the chapter
in the present report on the
definition of the child, as well as in paragraph 357 of the country’s
second periodic report under
the International Covenant on Civil and Political
Rights.
268. In the light of the above, it is hard for us to accept the
conclusion by the Committee, in paragraph 68 (a), regarding the absence
of
adequate legislation on juvenile justice and the inconsistency of the juvenile
justice system with the Convention and other relevant
United Nations
standards. We stress that the Georgian Constitution stipulates that justice may
only be administered by the general courts and does not allow the creation of
special courts (art. 83,
paras. 2 and 4). Accordingly, the creation in
Georgia of a special juvenile court would contravene the country’s
Constitution,
the provisions of which prevail over those of the international
treaties and agreements concluded by Georgia.
2. Children deprived of their liberty, including any form of
detention,
imprisonment or placement in custodial settings (art. 37
(b)-(d))
269. In its concluding observations (paras. 68
and 69), the Committee recommended, in particular, that the State
party:
(a) Use deprivation of liberty only as a measure of last resort
and for the shortest possible period of time; protect the rights
of children
deprived of their liberty, including their right to privacy; and ensure that
children deprived of their liberty remain
in contact with their
families;
(b) Take all appropriate measures to improve the situation of
children in juvenile detention facilities, including their access to
adequate
food, clothing, heating, educational opportunities and leisure
activities;
(c) Introduce training programmes on relevant international
standards for all professionals involved with the administration of juvenile
justice.
270. In the context of this article of the Convention we should
draw attention, in particular, to the entry into force in January
2000 of the
Detention Act, pursuant to which the penitentiary system was transferred from
the jurisdiction of the Ministry of Internal
Affairs to that of the Ministry of
Justice. This is, without doubt, a mark of progress from the standpoint of
upholding the rights
and freedoms and ensuring the humane treatment of persons
in custodial facilities, including minors.
271. For a fuller picture of
the current situation in the Georgian penitentiary system, including the
problems that it faces and the
legislation governing its operation, attention is
drawn to the country’s second periodic report under the International
Covenant
on Civil and Political Rights, which describes, in particular:
− Legal foundations of the operation of the penitentiary system (paras. 193-195);
− State of the penitentiary system following its transfer to the Ministry of Justice (paras. 196-197);
− Human rights training for prison service personnel and the rights of convicted persons to appeal against breaches of their rights (paras. 198-200);
− Rules for the detention of persons charged with offences and convicted persons (paras. 201-202);
− Social rehabilitation of convicted persons (paras. 203-207);
− Education and vocational training for detainees (paras. 208-210);
− Regimes and conditions of detention for convicted persons, including minors (paras. 211219);
− Disciplinary system (para. 220);
− Remanding in custody of minors and their detention after sentencing (paras. 221224).
272. Among the figures cited in the
above report, describing the Georgian penitentiary system, we draw attention to
those relating
to the financing of the system (para. 227) and its physical
facilities (para. 226). Attention might also be drawn to the extensive
use of
pardons in the case of juvenile offenders, as described in paragraph 230 of the
report in question.
273. In addition to this, we note the rule that, in
juvenile reformatory facilities, the minimum living space must be not less than
3.5 m2 per person and, in medical facilities, not less than 3
m2. Under article 33 of the Detention Act, minors serving custodial
sentences must have improved accommodation and dietary conditions.
They are
also to be provided with clothes which are appropriate for the season and do not
demean the wearer.
274. Figures provided by the Ministry of Justice show
that, at the current time, there are 22 minors, all boys, serving
sentences
in the country’s juvenile reform institution. Of these, 12
are aged 17, eight 16 and two 15. These juveniles are serving
sentences for the
commission of the following offences: two each, for theft, assault with intent
to rob, and rape; and one each,
for carjacking and robbery. The remaining 10
juvenile offenders are serving sentences for persistent violations of the
compulsory
re-education measures applied against them. In other words,
deprivation of their liberty was selected as a measure of last resort,
when the
compulsory re-education measures failed to have the desired effect. The
custodial sentences served by juvenile offenders
range between two and eight
years.
275. During the period under review, UNICEF, working in
cooperation with the nongovernmental organization Foundation for the Protection
of Social Paediatrics, carried out a project on psychological, preventive
medical and rehabilitation measures for children in custodial
facilities. The
project’s tasks included studying and analysing the situation in such
facilities, carrying out medical and
psychological studies of the juvenile
detainees and conducting educational measures to instil in such juveniles
healthy living habits
and to promote their psychological and social
rehabilitation.
C. Children in situations of exploitation
1. Economic
exploitation, including child labour (art. 32)
276. In
its concluding observations (paras. 60 and 61), the Committee recommended that
the State party should introduce monitoring
mechanisms to ensure the enforcement
of labour laws and protect children from economic exploitation, particularly in
the informal
sector. The State party was encouraged to continue its cooperation
with the International Programme on the
Elimination of Child Labour to finalize, by the end of 2000, a child labour
survey to assess the situation of children in this regard.
The Committee
encouraged the State party to consider ratifying the International Labour
Organization (ILO) Worst Forms of Child
Labour Convention,
No. 182.
277. With reference to this issue, we note that the
information contained in the country’s initial report relating to the
labour
rights of juveniles (paras. 297-299) remain in force.
278. The
Georgian State Statistics Office has conducted a child labour survey, as
recommended by the Committee, and has drawn the
relevant conclusions. The
results of the survey are reviewed in the country’s second periodic report
under the International
Covenant on Economic, Social and Cultural Rights,
paragraphs 134-139. In its comments on the survey data, the Ministry of
Economics,
Industry and Trade observes that only 38.5 per cent of children at
work earn more than the minimum wage - 20 lari per month - from
their
employment. The majority of such children receive significantly less. As far
as we are aware, there are currently no plans
in Georgia to accede to ILO
Convention No. 182.
2. Drug abuse (art. 33)
279. In its concluding observations (paras. 64
and 65), the Committee recommended that the State party should take
administrative,
social and educational measures to protect children from the
illicit use of alcohol and narcotic drugs and psychotropic substances
and to
prevent the use of children in the illicit production of and trafficking in such
substances. It encouraged the State party
to support rehabilitation programmes
dealing with child victims of alcohol, drug and substance abuse. In that
regard, the State
party was encouraged to consider seeking technical assistance
from appropriate bodies of the United Nations.
280. Evidence of the
significance attached in Georgia to drug control may be seen in the inclusion in
the new Criminal Code of an
entire chapter on narcotics-related offences. Under
the Code, the following acts are criminal offences:
− Illicit preparation, production, acquisition, storage, transport, transfer or sale of narcotic or psychotropic substances, their analogues or precursors (arts. 260 and 261);
− Unlawful import into, export from or transit through Georgia of narcotic and psychotropic substances, their analogues or precursors (arts. 262 and 263);
− Unlawful misappropriation or extortion of narcotic and psychotropic substances and their analogues (art. 264);
− Illicit planting, growing or cultivation of narcotic plants whose processing is prohibited (art. 265);
− Establishment or maintenance of secret laboratories for the illicit production of narcotic substances, their analogues or precursors (art. 266);
− Violating the rules for the preparation, production, acquisition, stocktaking, issuance, storage, transport, transfer, and export or import of narcotic or psychotropic substances (arts. 269 and 270);
− Inciting others to use narcotic and psychotropic substances and their analogues (art. 272);
− Illicit preparation, acquisition, storage or use, in small quantities and for personal use, but without a doctor’s prescription, of narcotic substances or their analogues, by persons who have already received an administrative punishment for the same offence (art. 270), and other provisions.
281. Georgia is a party to the following relevant
international instruments:
− Convention against the Illicit Traffic in Narcotic Drugs and Psychotropic Substances (entered into force for Georgia on 8 April 1998);
− Convention on Psychotropic Substances (entered into force for Georgia on 8 April 1998);
− Single Convention on Narcotic Drugs (ratified on 23 February 2000).
282. The bodies set up to tackle drug-related
problems, described in paragraphs 304-306 of the country’s initial report
under
the Convention, are still in operation in Georgia.
283. The
following figures provided by the Ministry of Internal Affairs give an
indication of the numbers of minors committing drug-related
offences in the
period under review:
− 1998: seven such cases were registered (five relating to unlawful use and two to unlawful possession of narcotics);
− 1999: 12 cases registered, 5 relating to unlawful use and 7 to unlawful possession of narcotics;
− 2000: 11 cases registered, 3 relating to unlawful use, 7 to unlawful possession and 1 to unlawful sale of narcotics.
284. With reference to this article of the
Convention, it should be noted that, pursuant to presidential decree No. 412 of
18 September
2000, the Ministry of Education has drawn up a schedule of
extraordinary measures to prevent smoking and to encourage a healthy lifestyle
among schoolchildren and college students. All educational establishments in
the country have been informed of the planned measures
and work is now under way
on their practical implementation.
3. Sexual exploitation and sexual abuse (art. 34)
285. In its concluding observations (paras. 66
and 67), the Committee recommended that the State party should undertake studies
with
a view to designing and implementing appropriate legislation, policies and
measures, including care and rehabilitation, to prevent
and combat the sexual
exploitation of children, as well as the sale, trafficking and abduction of
children for commercial sexual
exploitation.
286. In the light of these
recommendations by the Committee, attention is drawn to chapter XXII of the
Georgian Criminal Code, on
offences against sexual freedom and the sexual
inviolability of the individual, which provides measures to protect children
from
various forms of sexual exploitation, including:
− Article 137, paragraph 35 - rape of a minor;
− Article 137, paragraph 4 - rape of a child under 14;
− Article 138, paragraph 4 - sexual violence against a child under 14;
− Article 140 - sexual intercourse or other acts of a sexual nature with a person under 16;
− Article 141 - sexual abuse of a person under 16.
287. In addition, the Criminal Code provides penalties
for enticing minors to engage in prostitution or in sexually abusive acts (art.
171, part one) and for trafficking in minors, in particular for the purpose of
their involvement in prostitution or the commission
of antisocial acts (art.
172, para. 3 (c)).
288. With regard to the sexual exploitation of girls,
we should draw attention to the plan of action to combat violence against women
for the period 2000-2002, ratified by presidential decree in February 2000.
This plan devotes an entire section to measures to prevent
and suppress sexual
exploitation and trafficking. More detailed information on the action plan may
be found in the country’s
second periodic report under the Convention on
the Elimination of All Forms of Discrimination against
Women.
289. In the Ministry of Internal Affairs, there is a division
dealing with crimes against minors, young people and students, whose
responsibilities include the abuse and sexual exploitation of children. In
different regions of the country, these responsibilities
are carried out by the
corresponding local branches of the Ministry.
290. Information provided
by the Ministry of Internal Affairs shows that, over the period under review,
there have been instances
of minors suffering sexual abuse. Thus, in 1998,
nine minors aged between 14 and 17 were victims of rape; and another two,
aged
10 and 13, were victims of sexual abuse. In 1999, six minors, aged between
14 and 17, were raped;
and three, aged 8, 9 and 12, were victims of sexual abuse. In 2000,
nine minors aged between
12 and 17 were raped; and five, aged between 6
and 15, were victims of sexual abuse. In addition, over the reporting period,
there
were 11 cases of forcible sodomy, the victims of
which were boys aged
between 6 and 17 (one case in 1998; five in 1999; and five in
2000).
291. Given that the victims of sexual violence and exploitation of
minors tend to be girls, particular importance attaches to the
implementation of
those aspects of the above-mentioned plan of action to combat violence against
women which deal with the development
of programmes to protect the victims of
violence and to provide them with medical, psychological and other forms of
support.
292. To this we should add that the Criminal Code categorizes as
criminal offences such acts as the organization or maintenance of
establishments
for the conduct of prostitution (art. 254) and the unlawful preparation and
dissemination of pornographic materials
or artefacts. These articles of the
Code are of particular relevance to paragraphs (b) and (c) of article 34 of the
Convention,
calling for legislative measures to prevent such forms of the sexual
exploitation of children.
4. Sale, traffic and abduction (art. 35)
293. Under the new Criminal Code, the unlawful
deprivation of liberty, in particular of a minor, is categorized as an offence
and
deemed to be an aggravating circumstance (art. 143,
para. 2 (f)). Paragraph (e) of the same article criminalizes the
unlawful deprivation
of liberty in cases where the victim is transported out of
the country, which is also deemed to be an aggravating circumstance.
Earlier in
this report, we cited article 172 of the Criminal Code, which provides penalties
for trafficking in minors. Accordingly,
we are able to state that
Georgia’s criminal legislation criminalizes all the acts covered by this
article of the Convention
and is therefore fully in line with its
requirements.
D. Children belonging to minorities or an indigenous group (art. 30)
294. With regard to this article of the
Convention, we should note, at the outset, that the constitutional guarantees
for the rights
of minorities described in paragraph 313 of the country’s
initial report remain in force and have not been amended.
295. Over the
period under review, Georgia acceded to the International Convention on the
Elimination of All Forms of Racial Discrimination
(June 1999) and has submitted
its initial report on implementation of the Convention to the appropriate treaty
body (see above in
the present report). That report contains relatively
detailed information about legislative and practical aspects of measures to
uphold the rights of minorities in Georgia and the Committee’s attention
is therefore drawn in general to the report.
296. In addition, reference
should also be made to Georgia’s second periodic report under the
International Covenant on Civil
and Political Rights, which, in its comments on
article 27, contains information about the exercise of the rights of ethnic
minorities
(paras. 575-600).
297. Above, in the present report, information may be found on the issue of
schooling for ethnic minority children.
298. We should note here that, in
January 2000, Georgia signed the Council of Europe Framework Convention for the
Protection of National
Minorities, which is currently undergoing ratification by
the Georgian Parliament.
299. At the current time, there is lively debate
in Georgia about the question of adopting an act - or several acts -
governing the
rights of ethnic minorities in the light of the constitutional
guarantees described above.
-----
[*] For the initial report submitted by the
Government of Georgia, see CRC/C/41/Add.4/Rev.1, for its consideration by the
Committee,
see documents CRC/C/SR.619-620 and
CRC/C/15/Add.124.
GE.03-41425 (E)
180503
[*] The annexes are available for
consultation in the files of the secretariat.
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