UN Working Group on Business and Human Rights, Â 12 April 2019
In our capacity as members of the United Nations Working Group on Business and Human Rights, we have today ended our visit to Georgia (3 to 12 April 2019). We warmly thank the Government of Georgia for the invitation to conduct this visit and for its cooperation before and during the visit. We are also thankful to the UN Country Team for their support and assistance…
A central theme in our meetings with government officials, businesses, civil society organizations and community members was the legacy of a decade of deregulation, and the need for a new approach compatible with the Sustainable Development Goals (SDGs) and human rights protection.
The Georgia-EU Association Agreement, signed in June 2014, reflects the commitment to such new approach. Amongst other things, it includes a commitment to promote responsible business conduct in line with internationally recognised standards and guidelines such as the UNGPs (Article 231). This commitment is also reflected in the National Human Rights Strategy (2014-2020), the chapter on business and human rights in the Human Rights Action Plan for 2018-2020, and the 2018 National Baseline Study on Business and Human Rights, based on the three-pillar framework of the UNGPs…
We learned that occupational safety and health in the construction and infrastructure sectors is one of the most challenging issues across the country and that a large number of injuries and fatal accidents occur in these sectors, particularly in Batumi and Tbilisi where construction is booming…
The 2018 National Baseline Study on Business and Human Rights noted the problem of deficient assessments of the impacts of hydropower projects on the environment and local communities. We also observed the shortcomings in past environmental and social impact assessments, and it remains to be seen if the new Environmental Assessment Code, that entered into force on 1 January 2018, will remedy this situation…
A recurring challenge we witnessed relates to the current negative impact of large-scale projects, such as hydropower and mining, on the environment… We also received information regarding violation of the right of affected individuals and communities to participate meaningfully in environmental decision-making processes. We heard of examples where stakeholders had not been able to participate from an early stage, when all options were still open and no irreversible decision had been made prior to the commencement of a given project…
Occupational safety and health of workers is one of the most serious human rights concerns in Georgia, resulting from a labour market that was almost completely deregulated until 2015. The lack of a comprehensive regulatory framework on occupational safety and health combined with a general lack of awareness among workers about their rights has resulted in alarming number of accidents across sectors and throughout the country. Between 2010 and 2018, 1183 workers were injured and 418 died. We were also told about the practice of hiring irregular works in the construction sector…
The minimum wage per month is 20 GEL (7 USD) in the private sector and 135 GEL (50 USD) in the public sector, although the Ministry of Labour noted that the minimum wages are much higher in practice. However, we are concerned that the absence of an adequate minimum wage is being touted to attract foreign investment. We encourage the Government to establish a periodically reviewed minimum wage sufficient to ensure a decent living for workers…
The legal framework of Georgia protects the right to freedom of association… However, the trade unions representatives informed us that trade unions are often unduly influenced by employers, and that some companies may enrol automatically their employees to a specific trade union when they sign the employment contract. We are concerned that this practice threatens the effectiveness of the vital role played by independent trade unions in protecting workers’ rights…
We acknowledge the progresses made and concrete steps taken by the Government to domesticate the Convention on the Rights of Persons with Disabilities (CRPD). The 2014 Law on the Elimination of All Forms of Discrimination prohibits discrimination on several grounds, including disability. However, in practice, persons with disabilities continue to face discrimination in all spheres of life, including integrating them into the labour market. They also face difficulty in accessing educational institutions and other facilities including public transport…
We are concerned that the situation of migrant workers, who are more vulnerable to abuse, is not specifically regulated. The Working Group was informed that in some cases migrant workers, employed by foreign companies involved in major infrastructure projects, live at the workplace in bad living conditions. We are concerned that the absence of adequate legal protection exposes migrant workers to abuse. The lack of official statistics on migrant workers is also a cause for concern…
The impact of business-related abuses is experienced by men, women and non-binary persons differently. The Working Group learned about several types of discrimination faced by women in Georgia. Women are under-represented in the workforce and paid less than men. Unpaid work at home, gender-segregated jobs, sexual harassment and gender-based violence (including domestic violence) also operate as significant barriers for women to avail economic opportunities. Moreover, as many women might not own immovable properties, they often find it difficult to obtain loans from banks to start a new business…
Courts are the bedrock of an effective mechanism of remedies in cases of business-related human rights abuses. The Constitution of Georgia establishes a hierarchy of independent courts with the Constitutional Court of Georgia and the Supreme Court of Georgia at the apex level. The Working Group, however, learned that judicial remedies in Georgia are often not effective in practice for several reasons, e.g., low awareness about rights, high cost of litigation, complex corporate structures, delay in deciding cases, and practical obstacles in enforcing court orders. We encourage the Government to conduct an internal review of the effectiveness of judicial remedies in business-related human rights abuses and make systematic reforms in line with recommendations made by the OHCHR’s Accountability and Remedy Project…
With a few exceptions, such as the Nenskra hydro project, we found little evidence of business enterprises in Georgia establishing or operating operational-level grievance mechanisms to provide remedies to the affected individuals and communities. The Government, the UN Global Compact Georgia and business associations such as the Georgian Chamber of Commerce and Industry should raise awareness about the importance of establishing effective grievance mechanisms to address concerns and adverse human rights impacts at an early stage. State-owned enterprises should lead by example in this area…
We welcome the steps taken by the Government to raise awareness about the business and human rights agenda, including by having a chapter on business and human rights in the Human Rights Action Plan for 2018-2020. This Plan sets out actions to be carried out by different public authorities to implement the 2014-2020 Georgian National Human Rights Strategy. Implementation of the Action Plan is monitored by an inter-ministerial and multi-stakeholder Human Rights Council chaired by the Prime Minister. The Human Rights Secretariat, under the Administration of the Government, is responsible for inter-agency coordination and monitoring the execution of the Plan…
Recent Comments