Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes that no report has been received from the Government. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

1. The Committee would be grateful if the Government would supply, with its next report, copies of the following legislation: the Criminal Code, 1999; the Law on Imprisonment, 1999; the Law concerning Meetings and Manifestations, 1997; the Law concerning the Political Unions of Citizens, 1997; the Public Service Act, as well as any laws or regulations governing labour discipline in merchant shipping.

2. The Committee has noted that article 26(3) of the Constitution of Georgia prohibits the creation and functioning of political associations aimed at overthrowing or changing the constitutional order by force, or violating the independence or territorial integrity of the country, or advocating war and violence, or attempting to induce ethnic, racial, social and religious conflicts. It has also noted that such associations shall be prohibited by a court decision, in accordance with section 4 of the Law on Suspension and Prohibition of the Activities of Voluntary Associations, 1997. The Committee requests the Government to provide information on the application of section 4 of this Law in practice, supplying copies of the court decisions defining or illustrating its scope and indicating what penal sanctions are applicable in case of dissolution of such associations.

3. The Committee has noted that, under section 18 of the Law on the Procedure of Settlement of Collective Labour Disputes, 1998, those who participate in strikes declared illegal in accordance with section 15 of the same Law, shall be held liable in accordance with legislation in force. The Committee requests the Government to clarify the scope of such liability, indicating, in particular, the sanctions applicable to participants in illegal strikes and supplying copies of relevant texts.