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GEORGIA.TXU
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TITLE: GEOGIA HUMAN RIGHTS PRACTICES, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
DATE: FEBRUARY 1995
Section 1.c.).
Section 5 Discrimination Based on Race, Sex, Religion,
Disability, Language, or Social Status
There are no legal or constitutional prohibitions against
discrimination.
Women
Government concern, as well as the concern of society at large,
about discrimination against women is limited. Although in
1994 Georgia signed the Convention on the Elimination of All
Forms of Discrimination Against Women, there is no distinct
women's movement, nor are there academic programs in women's
studies. The dominant stereotype that the majority of
Gamsakhurdia's supporters were somewhat irrational women has
significantly weakened women's involvement in politics (see
Section 3).
Women's access to education resources is unimpeded, but women
are found mostly in so-called traditional occupations, such as
the arts, languages, and social sciences. Careers that involve
technical skills, applied sciences, or supposedly "more
complex" reasoning are heavily male-dominated. Women's labor
is generally low paid and, often, part-time, although
government positions reportedly are paid on an equal basis. In
a growing trend, women engaged in "cottage industries" are
becoming the primary breadwinners.
Credible statistics on violence against women are difficult to
obtain. In July the Ministry of Interior stated that, during
the first half of 1994, reports of rape had declined by 10
percent. Sociologists and domestic specialists claim instances
of rape and domestic violence are rare; however, the lack of
statistics could reflect victims' fear of reporting such crimes
as well as lack of confidence in law enforcement and judicial
organs.
Children
The economic crisis which continued to grip Georgia in 1994
prevented government expenditures on the welfare of children
adequate to meet their needs. The severe economic conditions
have resulted in children being left without homes or being
forced to beg. In September a children's advocacy group was
established, and in 1994 Georgia signed the Convention on the
Rights of the Child.
National/Racial/Ethnic Minorities
Neither the 1921 Constitution, supposedly reinstated in 1992,
nor Georgian legislation contains antidiscrimination
provisions. With the exception of the situation in the former
conflict zones, the Government generally respects the rights of
ethnic minorities, although information on areas outside the
capital is scarce, and some ethnic Azeris from southern Georgia
came to Tbilisi in September to protest against what they claim
is unfair treatment. Local police and officials sometimes
discriminate against non-Georgians, but the central authorities
usually try to resolve complaints.
The Government provides funds for ethnic schools, and the
teaching of non-Georgian languages is permitted. In
Azeri-populated areas, where Georgian is not the primary
language, the poor quality of Georgian-language instruction and
the wider availability of Azeri-language schools produce
graduates with limited professional opportunities in Georgia.
Religious Minorities
Freedom of religion is widely respected in Georgia (see Section
2.c.). The Patriarch of the Georgian Orthodox Church, however,
is wary of proselytism and has exhibited an intolerant attitude
toward the growing Protestant movement. The Salvation Army
publicly complained of hostile articles regarding the resident
Salvation Army mission and of the Georgian Orthodox Church's
negative disposition. The Catholic Church has also complained
of the delay in the return of six churches, closed during the
Soviet era and later given to the Georgian Orthodox Church.
People with Disabilities
There is no legislative or otherwise mandated provision
requiring accessibility for the disabled. The law on labor has
a section which includes the provision of numerous special
discounts and favorable social policies for those with
disabilities, especially disabled veterans.
Section 6 Worker Rights
a. The Right of Association
The Soviet-era Labor Code still in effect in Georgia allows
workers freely to form unions and associations. These unions
and associations must register with the Ministry of Justice. A
single Confederation of Trade Unions, made up of about 30
sectoral unions, is active in Georgia. Membership in labor
unions has fallen as the economy collapsed and interest in the
labor movement declined.
Strikes are permitted, except during a state of emergency.
Because of the extreme economic crisis, however, there were few
strikes in 1994.
There are no legal prohibitions against affiliation and
participation in international organizations.
b. The Right to Organize and Bargain Collectively
The Labor Code allows workers to organize and bargain
collectively, and this right is widely respected. The Labor
Code also prohibits antiunion discrimination by employers
against union members. Employers may be prosecuted for
antiunion discrimination and, if found guilty, would be
required to reinstate the employees and pay them back wages.
The Ministry of Labor investigates complaints but is not
sufficiently staffed to conduct effective investigations.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor
The Labor Code prohibits forced or compulsory labor and
provides for sanctions against violators; violations are rare.
The Ministry of Labor enforces the law.
d. Minimum Age for Employment of Children
According to the Labor Code, the minimum age for employment of
children is 14 years. Children between 14 and 16 years may not
work more than 30 hours per week. Reportedly, the minimum age
is widely respected. Because of the Ministry's inadequate
resources, unions themselves are often left to enforce the
minimum age law.
e. Acceptable Conditions for Work
A nationally mandated minimum wage applies only to the
government sector. In December 1994, the Government raised the
minimum wage to about $0.50 (1.5 million coupons) a month.
There is no state-mandated minimum wage for private sector
workers, who are free to bargain for any wage.
The law provides for a 40-hour workweek, including a 24-hour
rest period, although the Government adopted a 35-hour workweek
for the winter period from November 15, 1994, through February
15, 1995. The energy crisis in mid-November further prompted
the Government to permit government workers at their discretion
to reduce their workweek to 30 hours.
The Labor Code permits higher wages for hazardous work and
permits a worker in such a field to refuse duties that could
endanger his life. The Government has not addressed further
safeguards for workers.