COMMITTEE ON THE RIGHTS OF THE CHILD CONSIDERS THE SECOND PERIODIC REPORT OF GEORGIA

1 October 2003

The Committee on the Rights of the Child today considered the second periodic report of Georgia on how that country was implementing the provisions of the Convention on the Rights of the Child.
Introducing the report, Rusudan Beridze, Deputy Secretary of the National Security Council of Georgia on Human Rights Issues, said that following the amendments to the Civil Code of Georgia, a minor above the age of 14 years now had the right to legal remedy against the abuse of power on the part of his or her parents or legal guardians. She said that if the parent or guardian violated the minor’s rights and legitimate interests, the minor had the right to apply to guardianship bodies.
Ms. Beridze said that the Criminal Procedure Code under review provided the arrested and detained minor with the right to be educated in conformity with the secondary school curriculum. The Government believed that the implementation of that provision was very important in the sense of providing and facilitating social rehabilitation and reintegration of the minor offender, she added.
Nevena Vuckovic-Sahovic, the Committee Expert who acted as country rapporteur for the report of Georgia, said that the country was a relatively young State, struggling on its path to democracy and economic prosperity. She added that the process had been burdened with ethnic and political conflicts in Abkhasia and South Ossetia. The Committee was concerned about the difficulties Georgia had in exercising its jurisdiction with regard to the implementation of the Convention in those regions.
In preliminary remarks, Ms. Nuckovic-Sahovic said the Government still needed to improve its legislation with regard to child rights, and should fill the existing gap between the law and practice. She added that the State party should also endeavour to change the society’s attitude towards children and encourage the participation of children in all fields concerning them.
The Committee will issue its formal, written concluding observations and recommendations on the report of Georgia before the end of its three-week session which closes on Friday, 3 October.
The Georgian delegation also included Alexander Chikvaidze, Ambassador and Permanent Representative of Georgia to the United Nations Office and other international organizations in Geneva; Eka Ebralidze, Head of the Department on Demography, Family Development and Protection of Women and Children of the State Chancellery; Marina Ghudushauri, First Deputy Minister of Labour, Health and Social Protection; Rusudan Gorgiladze, Deputy Minister of Education; Alexander Kavsadze, Minister Plenipotentiary of the Permanent Mission of Georgia to the United Nations Office and other international organizations in Geneva; and Alexander Nalbandov, Deputy Head of the Department of Human Rights, Intellectual and Humanitarian Security of the National Security Council of Georgia.
As one of the 192 States parties to the Convention, Georgia is obligated to submit periodic reports to the Committee on its efforts to give effect to the provisions of the treaty.
The report of Georgia was the last in a series of country reports that were examined by the Committee during this session. The Committee Experts will issue their conclusions and recommendations on the reports before closing their autumn session on Friday, 3 October.
When the Committee reconvenes at 10 a.m. on Thursday, 2 October, it is scheduled to deal with its work in private.
Second Periodic Report of Georgia
The report (CRC/C/104/Add.1) contains details of the State party’s efforts in implementing the provisions of the Convention since the Committee discussed the initial report of Georgia in May 2000. It says that efforts have been made to describe the steps taken and the success achieved by Georgia in giving effect to the concluding observations of the Committee. It points out that the second periodic report is being submitted barely a year after the discussion of the initial report. Given such a short period, it would be unrealistic to expect any significant progress in implementing the Committee’s recommendations, particularly with respect to any measures involving financial support.
The report notes that following the parliamentary elections in November 1999, there were significant changes in 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. The division is responsible for coordinating the work of all government bodies 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.
The report also notes that under the Children’s and Youth Associations 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. 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. Its activities 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.
Introduction of Report
RUSUDAN BERIDZE, Deputy Secretary of the National Security Council of Georgia on Human Rights Issues, said that in compliance with the amendments to the Civil Code of Georgia, a minor now had the right to legal remedy against abuse of power on the part of his or her parents or legal guardians. If the parent violated the minor’s rights and legitimate interests, the minor had the right to apply to guardianship bodies. After a minor was 14 years old, he or she was entitled to independently apply to the court, thus reducing the previous age limit from 18 years to 14.
Ms. Beridze said that the Criminal Procedure Code under review provided the arrested and detained minor with the right to be educated in conformity with the secondary school curriculum. The Government believed that the implementation of that provision was very important in the sense of providing and facilitating social rehabilitation and reintegration of the minor offender. A minor who committed a less serious crime for the first time could be discharged from criminal responsibility, if he or she reconciled with the victim; and inveigling of a minor into begging or other anti-social acts should be punished more severely, including deprivation of liberty up to 2 years, among other things.
Ms. Berdize also said that the amendment to the Georgian Law on Police provided for the police to participate, in cooperation with other State bodies and NGOs, in activities aimed at preventing and reducing child vagrancy and neglect. In addition, the Code of Administrative Offences of Georgia had been changed to include “Violation of the Labour Rights of Minors”, according to which a crime committed by the employer should be punished with fines up to 200 minimum salaries.
In compliance with the amendments to the Georgian Law on Education, it was prohibited to expel a pupil from school until he or she received basic education, Ms. Berdize continued. Special educational facilities would be created for pupils with socially unacceptable or deviant behaviour. In those facilities, pupils would be educated by using special pedagogic methods in order to enable them to receive vocational training. Corporal punishment in schools was prohibited. Education up to the secondary level had been made free of charge starting September 2003.
Discussion
NEVENA VUCKOVIC-SAHOVIC, the Committee Expert who served as country rapporteur for the report of Georgia, said that the country was a relatively young State, struggling on its path to democracy and economic prosperity. That process had been burdened with ethnic and political conflicts in Abkhasia and South Ossetia. The Committee was concerned about the difficulties Georgia had in exercising its jurisdiction with regard to the implementation of the Convention in those regions.
Ms. Vuckovic-Sahovic said that children in Georgia were, in trying to exercise their rights, confronted with attitudes of protection rather than of participation. Children needed the Government’s continuous support and efforts in enabling them to feel and live as subjects of rights, fully participating in the life of the society. Other problems such as street children, child prostitution and trafficking, violence and drug abuse had not by-passed Georgia. The grave situation of displaced children and refugees needed to be especially addressed.
Despite progress made in many areas, measures still needed to be taken in the fields of non-discrimination and adoption, among other things, the Expert said. There was no information in the report on whether the provisions of the Convention were invoked before the courts. She wanted to know if there was a mechanism allowing for individual communications. The Government’s efforts in awareness raising with respect to the provisions of the Convention were also welcomed.
JACOB EGBERT DOEK, the Committee Chairperson who served as country co-rapporteur for the report of Georgia, said that the country had still not carried out a population census, and there was no comprehensive system of data collection. What was the role of the Ombudsman? What attempts were made to rule out corruption in the country? What measures were taken to raise the amount of the $ 7 per individual annually to the recommended figure of $ 60? There had also been a fall in educational spending; was there an effort to increase the budget in that area?
Other Committee Experts queried the members of the Georgian delegation on issues pertaining to general measures of implementation; definition of the child; and general principles of the Convention. They asked, among other things, about the knowledge of children concerning the child hotline; the institutional reform; the mandate and role of the Ombudsman; the situation of stateless people; provisions adopted for the allocation of resources to child right activities; representation of disabled children in the children’s parliament; the body that monitored the implementation of the Convention; and the relation between the National Plan of Action and the Poverty Reduction Strategy Paper.
Responding, the members of the Georgian delegation said that the country’s Constitution recognized all universal human rights values. In the case of a conflict, the State endeavoured to amend its legislation, including the Constitution. The parliament would be renewed by election on 2 November, and further changes were expected to take place in the field of legislation. So far, a series of amendments had been made to the country’s legislation and their implementation needed untiring efforts.
The country’s constitutional provisions allowed international treaties to be invoked before the courts, the delegation said; however, they were rarely cited. Since Georgia had ratified the International Covenant on Civil and Political Rights, there had only been a few cases addressed to the Supreme Court in connection with the Covenant.
The Convention was being translated into the Abkhase language and would be distributed among the Abkhasian population, the delegation said. Although the State party had no effective control on the region to monitor the implementation of the Convention, it had been informed about the situation of children there.
The duties and responsibilities of the Public Defender – Ombudsman – had been clearly defined and the Defender functioned accordingly, the delegation said. Among the tasks of the Public Defender was to make recommendations to the authorities. The Defender could also require information from any State body that would be valuable to the Defender’s task. Further, the Public Defender had the right to enter any civil or military prison centres to establish his or her report. The reports of the Defender were submitted to the President.
Children experiencing problems with their parents and teachers could use the telephone hotline to express their grievances, the delegations said. The suggestion boxes placed in schools were opened by people who worked in collaboration with the United Nations Children’s Fund (UNICEF), and follow-up measures were taken with regard to the suggestions made by the students.
Committee Experts went on raising questions under the main subjects of civil rights and freedoms; family environment and alternative care; basic health and welfare; education, leisure and cultural activities; and special protection measures. They queried the members of the delegation, among other things, on such issues as birth registration; transmission of nationality by a Georgian mother to her child born of a foreign father; guarantees for freedom of expression for children under 18 years of age; the situation of discrimination against non-Orthodox Christian children; the conditions of children in Abkhasia and South Ossetia; specific measures for abandoned and disabled children; the adoption of inclusive educational programmes for children living in residential institutions; the illiteracy and dropout rates; the high rate of infant mortality; the extent of liver disease among children; education on adolescent health care, reproductive health and sexual education; measures to encourage breastfeeding; and the steps taken against the poor tax collection system and the rampant corruption.
Responding, the members of the Georgian delegation said that children themselves elected members of the “Youth Parliament”, and the first session took place at the national parliament. The child deputies elected their own officers and made recommendations for their future legislative tasks. The Government and UNICEF had collaborated in the formation of the youth parliament.
The issue of birth registration had been settled and all children born in the country were registered and provided with birth certificates, the delegation said. Registration was free for children born to internally displaced parents. Concerning children born out of wedlock, the only issue was to establish fatherhood of the child during the registration process. There was no discrimination against children born out of wedlock.
With regard to children of internally displaced persons (IDPs) and refugees, the delegation said that the number of IDPs from Abkhasia and other conflict regions was 150,000. Georgia also hosted 2,500 Chechen refugees. In both cases, children were provided with special care by the State.
A child from 18 years could participate in State elections while young people from 25 years could stand for election, the delegation said.
Corporal punishment was a criminal offence which could be punished, the delegation said, adding that it was hard to establish the situation of corporal punishment in the family if the child victim did not report it to the authorities.
Drug-addiction was the main cause for HIV/AIDS infection, the delegation said, adding that 350 men and 112 women had so far been victims of the pandemic, out of whom 60 had died. Children had so far been spared from being infected by the virus.
Drug abuse was one of the most problematic social issues in Georgia, the delegation said. The Government had surveyed 12,000 individuals involved in such phenomenon. Among those drug abusers, 68 per cent of them were infected with hepatitis. The consumption of drugs cost the country $ 200 million per year.
Each Georgian mother breastfed her child as the tradition required her to do, the delegation said. In recent years, public announcements had been aired on television stressing the need and the importance of breastfeeding for the well being of the children. The State also encouraged mothers to breastfeed their children for as long a period as possible.
The Government of Georgia had integrated the teaching of human rights and other civic education into the school curriculum starting the fourth grade, the delegation said. Religious education was excluded from being taught in schools; the subject of world religions and cultures was taught instead. Seventeen per cent of Georgian schools used national languages other than Russian.
Adolescent girls who got married early could continue their studies in evening classes, the delegation said. The number of dropouts and repetitors was not high compared to the student population in the country. A student expelled from a school had the right to appeal to the competent educational authorities.
Bullying in schools was a new phenomenon associated with violent films shown on television, the delegation said. Although the Ministry of Education had stepped up efforts to prevent bullying and other forms of violence, the phenomenon had not been easy to deal with.
The delegation said that the State had acceded to the1993 Hague Convention on the Protection of Children and Cooperation in Matters of Inter-country Adoption, which entered into force for Georgia in 1 August 1999. The new Criminal Code retained an article criminalizing breaches of the secrecy of adoption against the will of the adoptive parents. The government agency on adoption received periodical reports about the situation of children adopted by parents abroad.
Concerning the population census, the delegation said that it had been carried out in 2002, and the statistics office had only been able to supply information on the situation of the total population and its ethic composition. Concerning statistical data on the country’s children, the State would provide information to the Committee in its next periodic report.
Minors were punished by deprivation of their liberty only after they committed serious crimes, the delegation said. At present, 16 minors were held in the country’s prisons, the rest were released in August following a presidential pardon. The Head of State often used his power of pardon to free incarcerated minors.
The Government of Georgia was not able to exercise its jurisdiction on the territories of Abkhasia and South Ossetia, the delegation said. The de facto authorities in those regions did not respect the human rights of the population. Due to the grave economic problems, the population was subjected to severe living conditions. Georgia had abolished capital punishment, but it was still maintained in those territories by the de facto authorities.
Preliminary Remarks
NEVENA VUCKOVIC-SAHOVIC, the Committee Expert who served as country rapporteur for the report of Georgia, thanked the members of the delegation for the answers they had provided to the Committee. She was impressed by the Government’s efforts in implementing the provisions of the Convention despite the problems it encountered in many fields. The need for resources should not concentrate only on financial aspects but also on personnel.
Ms. Vuckovic-Sahovic said the Government still needed to improve its legislation with regard to children, and should fill the existing gap between the law and practice. It should also endeavour to change the society’s attitude towards children and encourage the participation of children in all fields concerning them. Special attention should be paid to vulnerable children such as refugees and children of ethnic groups, as well as victims of drug-addicts and trafficking.
Delegation’s Remarks
RUSUDAN BERIDZE (Georgia) thanked the members of the Committee for their constructive dialogue and concern about the well being of Georgian children.