Georgia
11.11.02
Statements
Georgia: OMCT's intervention before the UN Committee on Economic, Social and Cultural Rights
Intervention by OMCT before the United Nations Committee on Economic, Social and Cultural Rights, Monday 11th November 2002
Tank you Ms. Chairperson,
The implementation of Structural Adjustment Programmes and the decline in the economy of the country bears serious implications on the population’s enjoyment of economic, social and cultural rights. The unfair re-distribution of wealth through the privatisation process was accompanied by cuts in social expenditure and massive dismissal of workers who have joined the ranks of unemployed or ended in the informal sector, the development of which has an negative impact on tax collection and more generally the provision of public services by the government.
Today, Georgia faces the challenge, under the HIPC initiative, of presenting and implementing its Poverty Reduction Strategy Paper (PRSP). The content of the Interim PRSP will have to be significantly reviewed if the poverty reduction goals are to be attained. Indeed, the interim document is not based upon and does not contains any reference to international human rights, while its legitimacy is undermined by a lack of active support from the Georgian population. In parallel, the privatisation process enters in a new phase where privatisation of water, social facilities, healthcare and education are on the agenda. Such developments constitute a challenge in order to guarantee universal and non-discriminatory access to basic services that are essential elements for the enjoyment of economic, social and cultural rights.
Regarding the justiciability of economic, social and cultural rights, concerns arise regarding the right to adequate housing, clothing and food, along with the right to social security, since they have currently no constitutional guarantees. Overall, at this date and to the knowledge of the OMCT, economic, social and cultural rights are not justiciable before national courts, while in general poverty constitutes a serious hurdle when access to justice is at stake.
With regard to the situation of women in Georgia, traditional practices and belief as well as existing gaps in legislation contribute to maintaining them in a subordinate socio-economic position. In this respect, the prohibition of discrimination on the basis of gender is not enshrined in the Constitution and in practice women are disadvantaged in many spheres of life: they have limited access to tertiary education, know higher rates of unemployment, earn wages inferior to those of men and have low rates of participation in the decision-making processes in the economic, political, legislative, social and cultural fields. Often as a result of their inferior socio-economic condition and greater exposition to poverty, women also face gender-specific violence such as prostitution and trans-border trafficking, issues that are not properly recognized and penalized in Georgia.
Regarding the right to work, the dismissals that followed the privatisations and an inadequate training to guarantee reinsertion in the labour market worsened the unemployment situation in Georgia. As for the right to form and join trade unions and the right to strike, despite a strong legislative framework, practices of interference with trade unions activities, harassment, and violation of collective bargaining agreements are reported to occur.
OMCT’s report further entails parts covering the right to food, adequate housing, health, education, as well as the situation of street children and working children. I invite you to look at these parts, along with the reports’ conclusions and recommendations.
I thank you very much Ms. Chaiperson.
Tank you Ms. Chairperson,
The implementation of Structural Adjustment Programmes and the decline in the economy of the country bears serious implications on the population’s enjoyment of economic, social and cultural rights. The unfair re-distribution of wealth through the privatisation process was accompanied by cuts in social expenditure and massive dismissal of workers who have joined the ranks of unemployed or ended in the informal sector, the development of which has an negative impact on tax collection and more generally the provision of public services by the government.
Today, Georgia faces the challenge, under the HIPC initiative, of presenting and implementing its Poverty Reduction Strategy Paper (PRSP). The content of the Interim PRSP will have to be significantly reviewed if the poverty reduction goals are to be attained. Indeed, the interim document is not based upon and does not contains any reference to international human rights, while its legitimacy is undermined by a lack of active support from the Georgian population. In parallel, the privatisation process enters in a new phase where privatisation of water, social facilities, healthcare and education are on the agenda. Such developments constitute a challenge in order to guarantee universal and non-discriminatory access to basic services that are essential elements for the enjoyment of economic, social and cultural rights.
Regarding the justiciability of economic, social and cultural rights, concerns arise regarding the right to adequate housing, clothing and food, along with the right to social security, since they have currently no constitutional guarantees. Overall, at this date and to the knowledge of the OMCT, economic, social and cultural rights are not justiciable before national courts, while in general poverty constitutes a serious hurdle when access to justice is at stake.
With regard to the situation of women in Georgia, traditional practices and belief as well as existing gaps in legislation contribute to maintaining them in a subordinate socio-economic position. In this respect, the prohibition of discrimination on the basis of gender is not enshrined in the Constitution and in practice women are disadvantaged in many spheres of life: they have limited access to tertiary education, know higher rates of unemployment, earn wages inferior to those of men and have low rates of participation in the decision-making processes in the economic, political, legislative, social and cultural fields. Often as a result of their inferior socio-economic condition and greater exposition to poverty, women also face gender-specific violence such as prostitution and trans-border trafficking, issues that are not properly recognized and penalized in Georgia.
Regarding the right to work, the dismissals that followed the privatisations and an inadequate training to guarantee reinsertion in the labour market worsened the unemployment situation in Georgia. As for the right to form and join trade unions and the right to strike, despite a strong legislative framework, practices of interference with trade unions activities, harassment, and violation of collective bargaining agreements are reported to occur.
OMCT’s report further entails parts covering the right to food, adequate housing, health, education, as well as the situation of street children and working children. I invite you to look at these parts, along with the reports’ conclusions and recommendations.
I thank you very much Ms. Chaiperson.