Address of Human Rights Center about the death of 16-years-old worker on the construction

Another worker, this time underage boy, became victim of the ignored labor safety rules on the constructions. On July 16, 2019, in Tbilisi, 16-years-old worker fell into the lift pit of the 14-storied under-construction house in Dolabauri Street and died on the place. Human Rights Center expresses deep condolence to the family of the deceased adult. 

 

Reportedly, before the tragedy, the under-construction building in Dolabauri Street was not examined by the Georgian Labor Inspection. Their representatives said that based on the preliminary assessment the labor safety norms were not met on the construction. 

 

Regardless the elaboration of the labor supervision mechanism and severing the legislation, the State fails to ensure effective functioning of the prevention and enforcement mechanisms. It is significant challenge that the labor inspectors are not allowed into the working places; another problem is insufficient human or material resources of the department inspecting the labor conditions as well as postponed enforcement of some legislative regulations. All abovementioned obstacles place the lives and health of the workers under the risk.

 

Without doubt, the State is responsible for each tragic accident. Nevertheless, unfortunately, there is no real political will to defend the labor rights and eradicate the existing crisis in this direction. The ineffective work of the working group set up in the Parliament of Georgia indicates at the lack of political will, for what the legislative base is not yet accomplished and the Parliament does not exercises effective control over violations. 

 

The use of child labor in Georgia is extremely alarming problem – the State avoids to implement its positive responsibilities and does not effectively defend the rights of underage workers. Regardless the requirement of the Convention on the Prohibition and Immediate Elimination of Worst Forms of Child Labor of the International Labor Organization (ILO) to elaborate the prioritized action plan and effective mechanism of its implementation on the national level to eliminate worst forms of the underage labor, the State of Georgia still avoids implementing its obligations. 

 

The cases, when underage children are compelled to perform the works incompliant with their age and psycho-physical development, still belong to systemic problem. In accordance to the national survey conducted by the GeoStat and the ILO in 2015, 24.4 thousand children aged 5-17 perform the work damaging their health and almost 64% of them work in dangerous environment. It is caused by vibrant social defense systems in the country. The system defending the children does not work. At the same time, there is no effective mechanism to monitor the labor rights of children, and the cases of children, who work in extremely dangerous places, stay beyond the control of the State. 

 

Although the Labor Code of Georgia determines that minors may enter into a labor agreement only above 16, the Code does not allow entering into labor agreement with the minors under 18 on hard, dangerous and harmful working places. However, the legislation does not yet specify what kind of jobs is considered dangerous that hinders effective implementation of this provision. 

 

Human Rights Center appeals to the Government of Georgia and all respective institutions to immediately take effective steps to eliminate worst forms of labor work and carry out preventive activities to avoid the cases of working the children in harmful places. 

 

The Parliament of Georgia shall elaborate adequate legislation and effective supervision mechanism to defend the labor safety and conditions of the citizens.