Reply to List of Issues : Georgia. 28/03/2000.
. (Reply to List of Issues)
COMMITTEE ON ECONOMIC, SOCIAL
AND CULTURAL RIGHTS
Twenty-second session
Geneva, 25 April-12 May 2000
Item 6 of the provisional agenda


IMPLEMENTATION OF THE INTERNATIONAL COVENANT ON
ECONOMIC, SOCIAL AND CULTURAL RIGHTS

CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES
IN ACCORDANCE WITH ARTICLE 16 OF THE INTERNATIONAL
COVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS

REPLIES BY THE GOVERNMENT OF GEORGIA

TO

the list of issues (E/C.12/Q/GEOR/1) to be taken up in connection with the consideration
of the initial report of Georgia concerning the rights referred to in articles 1-15 of the
International Covenant on Economic, Social and Cultural Rights (E/1990/5/Add.37)


Replies by the Government of Georgia to the list of issues to be taken up in
connection with the consideration of the initial report of Georgia concerning
the rights referred to in articles 1-15 of the International Covenant on
Economic, Social and Cultural Rights

I. GENERAL INFORMATION

A. Land and people


1. Georgia lies on the southern slopes and to the south of the Caucasus mountains, between 40 and 47 degrees North latitude and 41 and 44 degrees East longitude, and its area is 69,700 square kilometres. For population data, please see the attached table.

Gross domestic product at 1 January 1999 was 6.849 billion lari.

Per capita annual income at 1 January 1999 was 560 lari, of which 438 lari was in cash and 122 in kind.

The minimum wage (from 4 July 1999) was 20 lari.

Average monthly inflation was 0.85 per cent in 1998. Monthly inflation in December 1998 was 12.1 per cent.

External debt at 1 June 1999 was US$ 1,875.8 million.

Internal debt at 1 January 1999 was 556.9 million lari.


B. General legal framework within which human rights are protected

2. At the legislative level there is a Parliamentary Committee on Human Rights and Ethnic Minority Issues with subcommittees on human rights and reform of the penitentiary system and on prisoners' rights.

Human rights commissions were set up following the first local elections in the history of independent Georgia, held in many "sakrebulo" (local government bodies) in November 1998.

At the executive level, human rights issues are handled by an office for human rights under the Deputy Secretary of the National Security Council of Georgia (an advisory body attached to the Office of the President of Georgia).

The main instrument for protecting human rights and freedoms is the judiciary, consisting of the ordinary courts (district/municipal and regional courts, the supreme courts of the autonomous republics and the Supreme Court of Georgia) and the Constitutional Court, the body that monitors compliance with the Constitution.

An important role in the Georgian human rights protection system is played by the constitutional institution of the People's Advocate (the ombudsman), which is an independent authority with considerable powers and subordinate only to the law.

3. In the initial report it was stated that the Supreme Court had recommended that ordinary courts should, with immediate effect, apply international human rights standards in their proceedings. Since the International Covenant on Economic, Social and Cultural Rights, on ratification, became a constituent part of Georgia's domestic legislation, parties to legal proceedings are entitled to invoke its provisions. It should be noted, however, that a precedent of this nature has not in practice been set because of the generally low literacy level of the public and their lack of understanding of legal matters.

4. The text of the Constitution of Georgia is appended to this document in English, Russian and Georgian so as to provide a better understanding of the rights and freedoms it guarantees.

5. In May 1998 Georgia became a party to the 1951 Geneva Convention and the 1967 Protocol relating to the Status of Refugees.

6. The question appears to refer to the optional protocol to the International Covenant on Economic, Social and Cultural Rights granting to citizens of States parties the right to appeal to the relevant United Nations bodies when their rights under the Covenant are violated. The position of the Georgian Government on this point is clear: it supports any initiatives to extend and strengthen guarantees of human rights and freedoms, particularly as Georgia is already a party to the equivalent Optional Protocol to the International Covenant on Civil and Political Rights.


C. Information on the rights recognized in the Covenant

7. The "third sector", namely, Georgia's non-governmental organizations (NGOs), concentrate mainly on political and civil rights, and pay much less attention to economic and social rights. This appears to be the result of the widespread view in Georgia that the conditions prevailing in the transitional period offer very limited possibilities of ensuring economic, social and cultural rights and that the situation can be expected to improve once the State's economic potential is reinforced and the general welfare improves. In view of the interrelationship and interdependence of human rights and freedoms as a whole, this approach does not appear to be entirely correct, although the "third sector" is clearly entitled to define for itself its sphere of interest.

8. As for circulation of the Covenant, 1,000 copies of the authentic text were issued in Georgian by the parliamentary authorities and another 1,000 copies were published by an NGO. The President of Georgia in a Decree, has ordered the Ministry of Finance to make provision in the 2000 budget for the publication of various basic human rights instruments, including the Covenant.


II. ISSUES RELATING TO THE GENERAL PROVISIONS OF THE COVENANT
(arts. 1-5)

Article 1. Right of peoples to self-determination

9. The local authorities are guided by article 8 of the Constitution, which states that "the State language of Georgia is Georgian, but in Abkhazia, Abkhazian is also the State language", although they accept and consider official applications by citizens (both written and oral) in languages other than Georgian. In areas with a high density of ethnic minorities, the people's knowledge of Georgian is still poor - a legacy of the Soviet period (when Russian was used as the common language) but also the result of inadequate organization of Georgian language training for adults belonging to minorities. The Government has already taken a number of measures to improve the situation: teachers are being sent to regions with a high density of ethnic minorities and classes in Georgian are being organized for adults. In ethnic-minority schools offering a general education, Georgian is taught at an adequate level and regarded as a priority. The minorities, for their part, are aware and conscious of the need to learn Georgian since they realize that it is one of the most important ways of improving their integration into State and public life in Georgia.

10. The task of resolving the conflicts surrounding Abkhazia and South Ossetia remains one of the most thorny problems for the Georgian authorities and people as a whole. Despite Georgia's efforts to give the negotiations a dynamic and constructive turn and its readiness to reach reasonable compromises, intransigence on the part of the leaders of the self-proclaimed republics has so far prevented any real progress towards a political settlement. The greatest stumbling blocks are the political status of Abkhazia and South Ossetia and the repatriation of displaced persons, numbering several hundred thousand, the vast majority of them Georgians.

This deadlock is obviously affecting the economic and social situation of persons living in these areas, the conditions undoubtedly being the worst in Abkhazia. In mid-1999, the State

Statistical Department of Georgia and its equivalent in the Abkhaz Autonomous Republic compiled a publication entitled "The Social and Economic Situation in the Abkhaz Autonomous Republic, 1993-98", from which relevant data are reproduced below.

As a result of ethnic cleansing by the Abkhaz separatist regime, the present population of the region is 160,000 to 200,000, or 30 to 38 per cent of what it was before the conflict began. Abkhazia's economy suffered enormous damage during the military operations, during which thousands of houses, schools, cultural and health centres and other edifices, as well as tea and citrus plantations and orchards, were destroyed. The Ministry of Economy of the Abkhaz Autonomous Republic calculates that the material losses suffered by the economic and social infrastructure of the region between 1992 and 1998 amounted to approximately US$ 10 to 11 billion. Abkhazia has lost its traditional industries and become an insular, self-dependent economic unit with poor external trade links and an economy dominated by agriculture and trade. Industry and the other branches of the economy have disintegrated. There are virtually no agricultural produce processing plants. Up to 30 per cent of the output of the Inguri hydro-electric power station goes to Abkhazia, which can therefore provide its population with 2.2 times more electricity than the rest of Georgia. There are signs of recovery in the wood-processing industry, and wood is being exported, mainly to Turkey.

The above information gives an idea of the Abkhazian population's situation in respect of Covenant rights; it can be regarded as a cause for serious concern. The situation in South Ossetia appears to be slightly less alarming because of the comparatively smaller scale of the damage done, close economic links with North Ossetia (part of the Russian Federation) and continuing contacts with the rest of Georgia, which include trade and economic links. The Government of Georgia, in collaboration with the South Ossetian authorities and with assistance from the local UNDP team, is making an effort to lay the foundations of economic recovery in the region through a two-year rehabilitation programme.

The restoration of Abkhazia's economic potential depends entirely on progress towards a political settlement and resolution of the issue of the repatriation of displaced persons. Only then can the question of lifting the economic embargo imposed against the self-proclaimed republic by decision of the CIS Summit be tackled.


Article 2. Non-discrimination


11. Under the Civil Service Act, foreigners and stateless persons may not hold certain scheduled posts in State executive and administrative bodies and local bodies. The Civil Service Act states expressly that candidates for and incumbents of such posts must be citizens of Georgia (arts. 4 and 5).

12. The Refugees Act does not apply to Meskhetians, who were forcibly resettled in 1944 and whose legal status has not yet been defined. Legislation and other regulations intended to resolve this matter are being drafted. However, the Meskhetians already enjoy full exercise of the right to education and considerable privileges in that respect.

Under the Education Act, all citizens, including displaced persons, have the right to education on an equal footing. The absolute majority of displaced persons of school age in Georgia are continuing their education. Some of them are studying in ordinary schools offering a general education and others in special schools set up for the children of displaced persons. Under the President's Decree of 25 September 1996, the tenth- and eleventh-grades, for which a charge is normally made, are free for the children of displaced persons.

Measures have been taken in recent years to give effect to the educational rights of the forcibly resettled Meskhetians. For example, a first school has been set up in Ianeti, Samtredia, which has a large concentration of Meskhetians. Special study plans and programmes have been produced for the children, including intensive courses in the Georgian language. Meskhetian pupils, like the children of displaced persons, are as far as possible provided with free textbooks and the other school supplies they need.


Article 3. Equality of men and women

13. The State Commission on Policy for the Advancement of Women, established by Order of the President of Georgia and headed by the Deputy Secretary of the National Security Council of Georgia has, with the active participation of local NGOs dealing with gender issues, produced a National Plan for the Advancement of Women during the period up to 2000. Its main priorities are:

Improvement of women's economic independence in market-economy conditions;

Measures to combat increasing poverty among women;

Adoption of legislation giving effect to the rights of women, including the right to work, on a non-discriminatory basis.

Unfortunately, implementation of the National Plan is proceeding very slowly, mainly because of a shortage of budgetary funds since the country lacks the necessary resources. In August 1999, the President of Georgia promulgated the Order on Measures to Strengthen the Rights of Women in Georgia (appended).

14. Georgia's Labour Code prohibits the employment of women in unhealthy and dangerous conditions and in certain kinds of underground work; these various jobs are listed in the relevant legislation. The employment of women for night work is subject to restrictions in that pregnant women and mothers of children under 3 years of age may not work at night or do overtime, while women with children from 3 to 12 years of age are allowed to work overtime only if they agree to do so (arts. 156 and 157). Pregnant women and women with small children also enjoy a large number of privileges under the Labour Code. In general, it may be said that the restrictions on women's work are dictated only by concern for their physical and reproductive health and in order best to protect mothers and children. They are in no way intended to restrict women's opportunities on the labour market and are in the nature of positive discrimination.


III. ISSUES RELATING TO SPECIFIC PROVISIONS OF THE COVENANT
(arts. 6-15)

Article 6. Right to work

15. The first steps towards rationalizing the procedure used to estimate the number of unemployed in Georgia were taken in the second half of 1996. Calculated on the basis of ILO standards, the number of unemployed at that time was 282,300, over half of whom were women (50.6 per cent); moreover, 219,200 of the total were persons over 25 years of age.

In 1997, there were 165,000 unemployed, of whom 44.9 per cent were women. The over-25 age group accounted for 82 per cent.

Figures for the second quarter of 1999 show that there were 267,700 unemployed, with just under 43 per cent of them women. The proportion in the over-25 age bracket had risen to 84 per cent.

Unemployment has to some extent affected all economic sectors, largely as a result of difficulties associated with the transition period. Sociological studies and the figures of State employment agencies indicate that most of the unemployed have a higher education, and that their knowledge and experience are not in demand in the changing labour market. The need to retrain is perceived as a loss of social status in many cases, as most job vacancies are in the services sector or involve manual labour.

16. The draft State employment programme for the period to 2005 has been drawn up and is to be approved in the near future.


Article 7. Right to just and favourable conditions of work

17. It was for a long time impossible to establish a socio-economic standard, namely, a minimum wage mainly because of a number of objective and subjective factors, conditioned by the nature of the political and social situation, which cannot be considered in the context of this question. It was only in 1999 that political and economic circumstances made it possible to introduce a minimum wage in Georgia. Before that, the Labour Code was amended in October 1998 so that the minimum wage was set by the President. By Order of the President, the minimum wage, since June 1999, has been 20 lari (about US$ 10) or approximately 19 per cent of the subsistence minimum.

18. Wage levels in the public sector are fixed when the State budget is adopted by Parliament, in accordance with the proposals made by the ministries responsible for economic matters. Since the budget is very limited, public-sector wage levels depend directly on the revenue earmarked for the purpose. It should be noted that these budgetary items are in the protected category, so that they cannot legally be reduced no matter how the budget is implemented. The wage level also depends on the number of persons employed in the public sector. In recent years, wage increases in this sector were achieved by improving the efficiency of administrative structures.

19. At the present time, a single wage grid is being drawn up for all categories of public-sector employees. The process is complicated, however, by the need to reform the wage system inherited from the Soviet Union, as well as by recent political infighting and current economic difficulties. Since it was necessary first of all to draft a considerable amount of legislation and ensure the country's internal stability, it was decided initially to introduce a special wage system for persons employed by legislative, law and order and security bodies. Wages for these categories are on average from one and a half times to twice higher than the index for the public sector as a whole.

20. In accordance with the "Basic guidelines on wage resolution, 1996-2000", measures have been drawn up to increase public-sector wages and recommendations have been formulated concerning wages in the private sector. In November 1997, Parliament adopted amendments and addenda to the Labour Code, including a special section on wages and another on the minimum wage. A new edition of the Labour Code is being prepared. In addition, Parliament adopted the Collective Contracts and Agreements Act in December 1997.

21. Against the backdrop of the stabilization process and the development of the necessary legal basis, a certain amount of progress has also been achieved in labour protection matters. However, employers, enterprises, organizations and establishments, irrespective of their legal status and form of ownership, adopt a negative attitude to measures to prevent work-related injuries and accidents, as well as to the provisions of labour legislation and labour protection in general. This makes it very difficult to ensure a safe and healthy working environment, as shown by an analysis of violations revealed by the labour inspectorate and investigations of accidents.

In 1997, 39 work-related industrial accidents occurred, resulting in the death of 29 persons; six of these accidents involved more than one person. In 1998, 49 accidents were recorded, five involving more than one person, and 50 people died. In the same period, 76 people were injured in some way or another.

Labour inspectorates subordinate to the Ministry of Social Security, Labour and Employment and established in conformity with ILO conventions to monitor compliance with labour legislation and labour protection standards, work with all enterprises, plants, organizations and establishments to improve working conditions and safety. The State labour protection system is to be improved by a series of measures, including:

Development of an appropriate series of basic standards;

Organizational improvements and optimization of the State labour inspection system;

Training and certification of production personnel, including managers;

Implementation of a modern statistics recording system, etc.


Article 8. Trade union rights

22. The Association of Georgian Trade Unions is a voluntary association of trade unions belonging to different branches of industry and geographical areas or autonomous territorial entities, and was established on the basis of interests and principles common to the activities of the member organizations. It has its own charter, adopted in December 1992. Amendments and addenda were made at the fourth congress, and in 1998 the charter was officially registered by the appropriate regional court. The Association functions in accordance with the Constitution of Georgia, the Industrial Trade Unions Act, relevant legislation and international principles and standards relating to trade unions and its charter.

The Trade Unions Act (art. 5.1) states that trade unions are independent of State bodies, local authorities and political parties and organizations, and are not subordinate or answerable to them except in certain cases as laid down by law. The Association comprises the trade unions of Abkhazia and Ajaria as well as 32 branch trade unions. Member organizations have their own charters and are officially registered.

There are no State trade unions in Georgia.

The Council of the Association of Georgian Trade Unions has adopted a decision on joining the International Confederation of Free Trade Unions (IFCTU), which will consider the Association's application in approximately December 1999.

23. In October 1998, the Parliament of Georgia adopted the Act on the Settlement of Collective Labour Disputes which covers, among other things, the legal aspects of organizing and conducting strikes. The Act applies to all employers and workers and their associations and representative bodies, irrespective of their legal form and type of ownership. Strike organization matters are also covered by the Trade Unions Act.

24. The Association of Georgian Trade Unions and individual trade unions exercise their rights in a practical way on the basis of a social partnership with the executive authorities, local authorities and employers and their associations, by the conclusion of collective contracts and agreements. In January 1999, the President's Order on Assistance in the Exercise of Trade Union Rights came into force, thereby giving effect to the rights of trade unions under the Act and in many cases extending them.

Despite the rights granted to trade unions under the Act, cases arise in practice where investors in newly-established transnational and joint enterprises directly or indirectly hinder the formation of trade unions, ignore existing trade unions or restrict their activities. Trade union representatives are not given the opportunity to participate in the preparation of investment agreements with a view to protecting the labour, economic and social rights of members. Similar cases have been reported at certain enterprises in the business sector. The unions have recourse to the appropriate legal remedies against such violations.

Under the Presidential Order referred to above, the Standing Tripartite Commission on Labour and Socio-Economic Relations was required to draw up, by 1 March 1999, a general agreement between the Government, the employers' association and the Association of Georgian Trade Unions; this has still not been done.

In June 1998, the Constitutional Court ruled that all enforceable enactments adopted by the State authorities in 1992-95 transferring property from trade unions were unlawful and invalid. Consequently, the disputed items, including the Trade Union House of Culture in Tbilisi, the training centre and the Nabeglavi resort complex were ruled to be trade union property. However, the Association of Georgian Trade Unions reports that the State bodies continue to try to encroach on trade union property. In February 1999, the Association applied first to the President and then to the Judicial Council and the Constitutional Court for its rights to be upheld. So far its application has not yielded any practical results.


Article 9. Right to social security

25. In the past, Georgia had no special system for financial assistance to large families although up to 1 January 1997 there was a system of benefits for children under 16 and single mothers.

These benefits became virtually worthless as a result of inflation during the economic crisis and the transition to a market economy, and thus no longer fulfilled their purpose of providing material assistance to families. The lack of financial resources meant that allowances had to be targeted more accurately at a smaller group of beneficiaries. From 1997, the various benefits referred to above were replaced by a single social (family) allowance. Initially, the criteria for eligibility were inability to work and unemployment, but since 1998, inability to work has been the only criterion. There is also a system of one-off assistance to mothers on the birth of their third child. At the local level, there is a system of social assistance to large families, but these benefits have to be defined clearly by law.

26. Under the present procedure, unemployment benefits are payable for only six months, and are restricted to persons who have lost their job through no fault of their own. The amount of the benefit varies according to the period of unemployment. In the first two months, it is 14 lari, or 14.5 per cent of the average subsistence minimum. For the third and fourth months, it drops to 12 lari, or 12.5 per cent of the subsistence minimum, and in the final two months it is 11 lari, or 11.4 per cent of the subsistence minimum. Thus the average unemployment benefit is 12.3 lari, or 12.8 per cent of the subsistence minimum.


Article 10. Protection of the family, mothers and children

27. Please see the answer to question 25 for the reasons why all child allowances were abolished.

28. In our view, it is not quite correct to speak of discrimination on the labour market. The problem is rather one of sharply reduced job opportunities for specialists with a higher education - the majority of whom have traditionally been women in Georgia. The National Plan for the Advancement of Women mentioned above (question 13) provides, among other things, for the establishment of institutional machinery that will take the gender factor into account as much as possible. Following the presidential elections of April 2000 Georgia's political leadership intends to set up, at the executive level, a Department for Women's Affairs, one of whose priorities will be to improve the position of women on the labour market. At present, it is often easier for women to find work than for men. The vacancies in question admittedly tend to be in specific fields, such as the service sector (shop assistants, waitresses, carers for children or the elderly, etc.) or support staff (secretaries, personal assistants, etc). Since the latter type of vacancy tends to be in the business sector, wages can be at least two or three times the national average.

As regards women's participation in decision-making at an executive level, it is worth mentioning what has occurred in the judicial context. One of the results of the reform of the judicial system was that virtually all the country's judges were replaced. The competitive examinations held for the posts in question led for the first time in Georgia's history to female judges outnumbering their male colleagues; this is obviously a most positive development.

29. In June 1996 the President approved the State programme for social protection, vocational training and prevention of crime among juveniles, under which a Juvenile and Youth Crime Board was set up under the Ministry of Internal Affairs to coordinate and supervise the work of the juvenile affairs inspectorates of local internal affairs bodies. The Board is also responsible for organizing juvenile crime prevention measures. In accordance with the above-mentioned State programme a State Commission on Juvenile Affairs has been set up to deal with matters requiring the adoption of measures at the State level. Similar commissions have been established at the local level. An amount of 200,000 lari has been earmarked under the State budget to finance the programme.

The commissions on juvenile affairs attached to local authorities and the juvenile affairs inspectorates cooperate actively, particularly in keeping track of socially disadvantaged, abandoned and homeless children and taking preventive measures. Such children are listed as requiring the application of preventive measures and receive special guidance with the help of psychologists and educational specialists. In the past two years, the juvenile affairs inspectorates have identified 3,073 homeless children, of whom 1,772 were listed - 584 for vagrancy, 478 for begging and 52 for drug abuse. If the children have no parents or guardians, the commissions can, taking account of all circumstances and of the child's best interests, place the child in a closed centre, an open rehabilitation centre or a refuge. In 1998-99, the commissions examined the cases of 896 adolescents and placed 84 juveniles in special centres.

A major role in preventing crime among unsupervised children is played by the reception and assessment centres of the Ministry of Internal Affairs which admit, on a temporary basis, children from three to 18 years of age in need of State help, take steps to return them to their families or send them to institutional care centres, determine why the child broke the law, etc. At present there are two such centres, and a third is to be opened shortly.

A juvenile rehabilitation centre has been opened on the outskirts of Tbilisi to which children who are unprotected or likely to commit offences may be sent at the discretion of the relevant State Commission. This centre has a complete range of educational, leisure, vocational training and work facilities and is at present rehabilitating 65 children. Similar centres are being set up in western Georgia (Kutaisi) and in Adjaria (Batumi).

Tbilisi now also has three open rehabilitation centres known as "children's refuges" where children from disadvantaged families may be placed by joint decision of the Ministry of Internal Affairs, the appropriate State Commission and the NGOs concerned. The refuges are funded by grants from international organizations.

The Ministry of Education has made a sociological study of street children, and the information collected is at present being analysed. Persons working with street children have received training in applied psychology and social work. From time to time the Ministry of Health arranges for the medical examination and treatment of such children.

The National Office for the Prevention of Drug Abuse and Trafficking under the Ministry of Internal Affairs now has a special section responsible for preventing drug problems among juveniles and young adults.

The Ministries of Internal Affairs and Education, together with the coordination centre of the State Commission on Juvenile Affairs, have prepared and submitted to the National Security Council a State programme for the protection, development and integration of juveniles in society during the 2000-2003 period.

30. The long-term "Future of Georgia" programme, proposed by the Children's Federation of Georgia, was approved by a Presidential Order in January 1997. It provides for summer and winter holidays for children of 10 to 14 years of age, and includes special educational and creative programmes to promote the all-round development of the child.

The programme actually began in 1996 with the "Ureki - the town of the future" festival in the Ureki resort, in which more than 5,000 adolescents participated. In the winter of 1997, 1,500 children holidayed in the Borjomi canyon area, and at the Borjomi, Kechkhobi and Bakuriani resorts. In summer of the same year, the Children's Federation, jointly with the Ministry of Education, selected 4,500 adolescents with outstanding scholastic, arts and sports achievements, as well as children from disadvantaged families and families which had lost members in the conflict for Georgia's unity and territorial integrity to spend their holidays at the Ureki resort. The "Future of Georgia" programme arranged a holiday programme for 1,200 teenagers in the Borjomi canyon in February-March 1998. In the summer of 1998, 2,800 children of displaced persons from the Gali region of Abkhazia holidayed at leisure complexes in Borjomi, Tsemi, Bakuriani and Chitakhevi. During that period, Georgians were once more being driven out of the Gali region after attempting to return.

The number of children sent on holiday declined considerably in 1999 because of a shortage of funds. During the summer, holidays were arranged in a Borjomi health resort for 300 children from children's homes and boarding schools. Up to 2,700 adolescents in all enjoyed holidays in Ureki and Borjomi in 1999.

The "Future of Georgia" programme is to end in 2000.


Article 11. Right to an adequate standard of living

31. According to December 1998 data, the consumer price index stood at 110.7 as compared to the corresponding period of the previous year. The value of the national currency fell by 37.3 per cent against the dollar during the same period. In 1998, the average monthly inflation rate was 0.85 per cent, but in December of that year, after the value of the lari plunged, inflation rose to 12.1 per cent. The average annual inflation rate was thus 10.7 per cent.

Prices in Georgia were relatively stable up to December 1998, but the devaluation of the lari led to significant price increases. Imported goods were particularly affected, but domestic goods also rose in price. The largest increases were recorded by pasta and vegetable and animal fats (22 to 42 per cent), liquefied gas (58 per cent) and medicines (30 per cent on average). The cost of medical services at the end of 1998 had risen by 11.4 per cent compared to the same period of the previous year.

Prices are now once again relatively stable, but at a higher level, and there are small seasonal fluctuations.

32. According to statistical data, the incomes of both wage earners and the self-employed rose over the period 1996-98. The average monthly income of the former was 40.5 lari in 1996, 50.3 in 1997 and 62.9 in 1998. The corresponding figures for the self-employed were 81.9, 109.3 and 120.1. The income of the self-employed and entrepreneurs, whether or not they use wage labour, has clearly risen more rapidly than that of wage-earners. The absolute income level of the self-employed is almost twice that of wage-earners.

Up to December 1998, income levels were rising not only nominally but in real terms, but then they dropped in real terms (dollar equivalent) according to the official rate. The exchange rate is now stable, but the hard-currency value of the lari has fallen considerably and this has affected the population's real income. The hardest hit are pensioners and public-sector workers because of long delays in the payment of pensions and wages by the State.

33. According to data for December 1998, the subsistence minimum for the average Georgian consumer was 92 lari, a figure which is steadily increasing. Almost all types of statutory benefit vary from 9 to 14 lari and hence represent 10 to 15 per cent of the subsistence minimum. There are some exceptions however. In accordance with the law, the average pension of members of the military, police and security bodies is between 60 and 80 lari; pensions and benefits for Second World War veterans, persons assimilated to them and victims of the repression under Stalin or their children vary from 35 to 45 lari. It should be noted, however, that the budgetary implications of legislative measures make it impossible to pay pensions and benefits on time. In 1998 and 1999, the State built up a considerable pensions backlog totalling tens of millions of lari. This backlog is at present being reduced, as budgetary circumstances permit.

34. The table below shows food supply trends in Georgia by main types of foodstuff for the period 1994-1998. Figures for 1990, the last year before independence, are provided as a benchmark.

Sugar (tonnes)1990 - 33 8211994 - 200 0001995 - 206 000
.1996 - 19 6231997 - 19 6951998 - no data
Meat (tonnes)1990 - 76 7001994 - 378 0001995 - 65 100
.1996 - 68 0001997 - 39 0001998 - 179 000
Whole milk products in milk equivalent (litres)1990 - 250 0001994 - 17 8001995 - 4 400
.1996 - 4 0001997 - 5 4001998 - 6 400
Butter (tonnes)1990 - 923 0001994 - 31 2001995 - 20 600
.1996 - 16 0001997 - 887 0001998 - 263 000
Vegetable oil (tonnes)1990 - 14 3361994 - 14 1001995 - 10 100
.1996 - 330 0001997 - 830 0001998 - 548 000
Bread and bakery products1990 - 856 0001994 - 498 0001995 - 285 000
.1996 - 255 3001997 - 198 0001998 - 171 000

It may be noted that, in general, the population is not experiencing food shortages. Food aid, especially from the Government of the United States (grain and flour) and international organizations is of enormous importance. The main problem is one of providing food that the population can afford, for its purchasing power is inadequate.

35. Steps have been taken to speed up the process of leasing land under the Land for Farming (Leasing) Act and the related presidential decree. As a result of the measures taken in connection with the land reform, 825,000 hectares, namely, 36.4 per cent of the remaining 2,276,500 hectares of State-owned land earmarked for the purpose, had been leased out as at 1 April 1999. A total of 322,200 hectares had been leased by 44,200 individuals and 502,800 hectares by 5,000 bodies corporate. Nationally, 1,442,500 hectares remained unleased, including land in Abkhazia and South Ossetia, where land reform had not taken place.

Certain factors slowed the implementation of leasing. Many regions are dragging their feet over issues of land leasing, and almost everywhere there have been cases where leasing agreements have been cancelled because the conditions were not fulfilled. Rent collection has become a problem and only slightly over 2 million lari have been collected nationally. The absence of a land register in many regions has made it difficult to assess the quality of land put up for lease and hence to fix rents for various categories of land. The tax legislation on the subject also needs to be improved. Completing registration of unused land is a priority.

Some land has been transferred free of charge to the citizens of Georgia under the Land Ownership Act by the Presidential Order on urgent measures for the initial registration of agricultural land ownership rights and issue of registration certificates to the citizens of Georgia (No. 327 of 16 May 1999) and various normative acts (decisions of the Cabinet of Ministers for the period 1992-1995).

Land reform commissions have been set up in villages, regions and cities to register permanent residents. The commissions have used existing land inventories and established discrete standards in respect of all specific cases. The land has been distributed accordingly and a million families have received title deeds which constitute proof of ownership of the land.

Figures indicating the main types of agricultural produce grown during the 1994-1998 period are presented below. For purposes of comparison, corresponding figures are given for 1990, the last year of the Soviet period in Georgia.


Area under crops (hectares)

Grains and leguminous crops1990 - 270 0001994 - 257 3001995 - 259 900
.1996 - 280 7001997 - 437 0001998 - 415 800
Sugar beet1990 - 1 3001994 - 1 1001995 - 900
.1996 - 1001997 - not sown1998 - not sown
Vegetables, melons and gourds1990 - 39 5001994 - 30 8001995 - 30 900
.1996 - 31 2001997 - 36 1001998 - 50 200
Potatoes1990 - 27 8001994 - 24 1001995 - 23 200
.1996 - 23 6001997 - 27 1001998 - 34 400


Yield (quintals per hectare)

Grains and leguminous crops1990 - 24.71994 - 18.61995 - 19.8
.1996 - 22.91997 - 20.61998 - 15.8
Sugar beet1990 - 2291994 - 761995 - 86
.1996 - 1331997 - not sown1998 - not sown
Vegetables, melons and gourds1990 - 1221994 - 1471995 - 143
.1996 - 1461997 - 1501998 - 83.4
Potatoes1990 - 105.41994 - 1231995 - 152
.1996 - 1211997 - 1301998 - 106.4


Animal produce (tonnes)

Meat (live weight)1990 - 262 9001994 - 171 4001995 - 182 400
.1996 - 196 3001997 - 200 0001998 - 173 300
Milk1990 - 659 4001994 - 429 3001995 - 475 400
.1996 - 530 0001997 - 600 0001998 - 634 700
Eggs (millions)1990 - 769.21994 - 250.61995 - 269.4
.1996 - 350.21997 - 3701998 - 380.4

These figures reveal that definite progress has been made, albeit slowly, over the past five years in most areas of agricultural production, and indicate that Georgian agriculture is gradually moving out of crisis and that further growth may be anticipated.

36. In accordance with the December 1998 Order of the President of Georgia on the procedures for selecting and financing State-targeted programmes (programme proposals), 10 State-targeted programmes, some of them sectoral, were submitted to the Ministry of Finance for approval in 1999. A further 27 programmes were proposed to the Ministry of the Economy for inclusion in the indicative plan for 2000. Owing to the lack of funds, none of the sectoral programmes in the initial report were approved. Priority in approving programme proposals was accorded to types of agricultural production traditional to Georgia (tea and grapes), breeding programmes, etc.

37. Intensive work is under way on the restitution act, which will define the procedure for returning illegally confiscated property to refugees and displaced persons. The act will initially cover the property of Ossetians who left Georgia as a result of the Georgian-Ossetian conflict. It will not cover Abkhazia and South Ossetia until they are returned to the de facto jurisdiction of Georgia.

38. In 1998, four new apartment blocks, with a total living space of 20,400 square metres, or 38 per cent more than in the previous year, were opened in Tbilisi. Investment by the State amounted to 7.9 million lari, of which 76 per cent was from the central budget. Private builders invested 9.1 million lari and built 352 homes, with a total living space of 42,600 square metres, in various parts of Georgia, with the exception of Abkhazia and South Ossetia.

The situation of those who lost their homes as a result of being forced to leave the conflict zones has not improved since the initial report was submitted: the repatriation of displaced persons has still not begun because of the obstructive attitude of the authorities in the self-proclaimed republics of Abkhazia and South Ossetia.


Article 12. Right to physical and mental health

39. According to the statistical compendium Health and the Public Health Service, published by the Georgian Ministry of Health in 1999, the number of stillbirths per 1,000 births was 7.1 in 1995, 13.8 in 1996 and 17.9 in 1997. Figures for 1998 are not yet available. Infant mortality per 1,000 live births was 13.1 in 1995, 17.4 in 1996, 15.3 in 1997 and 15.2 in 1998.

40. As stated in the initial report, the reorganization of Georgia's health service began in 1995 in the light of new organizational principles governing public health care, based on sound economic relations and free of political influence or ideological restrictions. Its reform has now resulted in the creation of a qualitatively new model for the organization and management of the health service which takes into account both international experience and the particular situation of Georgia. We would certainly not claim that the reform is problem-free, since many people cannot afford to pay for treatment under the new scheme, but it is clear that progress has been made. For example, in 1999, the budgetary appropriation for all types of public health programmes (central, municipal and departmental) was 92 million lari (approximately US$ 48 million), or 17 lari per head of population (approximately nine dollars) for the year. This is not a large amount, but the corresponding figure for 1993-1994 was less than 40 cents.

The process of establishing central and local institutional structures for the State health system is now complete. The State Health Care Fund has been converted into the State Medical Insurance Company. More than 1,500 medical establishments have become self-financing and general medical and pharmaceutical establishments have been licensed. State standards for the diagnosis and treatment of up to 2,000 different diseases have been developed and introduced and are updated annually.

The transition to programmed management has made it possible to identify priority areas and the minimal level of public health care required (the basic package), which is financed by the State under central and municipal programmes. The size of the basic package will increase as the economic situation improves. In 1995, it comprised 11 programmes and by 1998 the State was financing 36 programmes which provided different types of medical services to over 3 million patients.

This year has seen the beginning of the State outpatient programme, designed to finance 680 rural outpatient centres providing free care to over 2 million people.

These are the main features of the public health-care system, which includes a large number of measures for improving health, encouraging a healthy lifestyle and raising public awareness of disease prevention. Steps need to be taken to reform the hygiene standards and sanitary inspection service.

Circumstances call for the adoption of certain clearly unpopular measures, including efficiency programmes for medical establishments and their staff. In reality, these involve downsizing by means of licensing, certification, privatization and consolidation of establishments.

The success of the medical staff certification process is closely linked with the question of improving medical training. Many measures have already been taken: a minimum core requirement has been developed for higher and secondary medical training and the certification and accreditation of educational establishments will be carried out accordingly; residency programmes have been set up for the main medical specializations; 400 young doctors in various fields have been sent for training to universities in Western Europe and the United States, etc.

Over 500 health-care establishments have already been privatized, and as a result the State budget is 2,875,000 lari to the good. This has paved the way for free competition among medical establishments with different forms of ownership as part of a unified system with equal State regulation for all. Privatization of the pharmacy network helped overcome medicine shortages. However, under the Medicines and Pharmacies Act, State machinery regulating maximum prices for essential medicines will have to be created to ensure that they remain affordable to all.

A grants system for financing scientific research has been introduced in order to improve the funding of medical science. At the same time, Georgian researchers are actively collaborating with foreign partners and more and more grants are received every year.

The medical industry is gradually recovering. The first stage of a pharmaceutical plant with world-class output has already been commissioned, and US$ 12 million have been earmarked for the second stage. Plans are complete for a disposable syringe factory, also to be funded by foreign investment.

The report entitled The State of Public Health in Georgia was published for the first time in 1998, during which the Strategic Plan for the Implementation of National Health Care Policy, 2000-2009 was drawn up. The financial assistance received from IMF, the World Bank, WHO, the European Union and the Governments of the United States, the United Kingdom, Germany, the Netherlands, Sweden and Japan plays a particularly important role in funding the reforms being carried out.

41. Figures on the number and type of medical establishments in Georgia, 1996-1998, are presented below.

.199619971998
Hospitals264287272
Outpatient clinics within hospitals111115114
Specialized clinics828381
Independent health centres providing care at home
and for outpatients
840829859
Independent dental establishments515156
First-aid stations334753
Midwifery stations479386512
Independent first aid stations52425
Blood transfusion stations566
Infant centres332
Medical centres-2227

The figures for medical personnel, the figures for 1996-1998, are as follows. The number of doctors was 19,062 in 1996, 21,706 in 1997 and 20,824 in 1998. The number of intermediate medical staff was 29,978 in 1996, 29,775 in 1997 and 28,642 in 1998. The most common specializations among doctors are general practice, paediatrics, dentistry and gynaecology.


Articles 13 and 14. Right to education

42. Budgetary outlays on education over the past five years amounted to 35,769,000 lari in 1995, 73,624,000 in 1996, 120,889,000 in 1997, 115,076,000 in 1998 and 46,600,000 in 1999 (the last figure refers only to planned expenditure under the central budgets of educational establishments).

The draft budget for 2000 includes an education appropriation of 52,200,000 lari. This sum comprises funding only for establishments financed by the central budget.

Schools offering a general education are funded by local (city and region) budgets, which contain the relevant budgetary headings.

43. The activities of non-State educational establishments are regulated by the Education Act and the Act on the licensing of entrepreneurial activities. They are allowed to function only if they are officially accredited by the Ministry of Education and comply with State educational standards and programmes. If non-State educational institutions accept a State order they are funded under the State budget in accordance with the law.

44. In 1996/97, 5,831 pupils or 0.82 per cent of the total school population dropped out. This total included 848 in grades one to four; 2,586 in grades five to nine; and 2,397 in grades 10 and 11.

In 1997/98, 5,372 children dropped out, the corresponding grade breakdown being 930; 2,543; and 1,899, or 0.75 per cent of the total school population.

45. According to data from the State Department of Statistics, 53 per cent of schools offering a general education in Georgia are in need of major repairs and 17 per cent are falling apart. There are 401 schools which lay on a second shift, attended by 78,000 pupils, and 18 schools even have a third shift, attended by 1,004 pupils.

It is still difficult to ensure that pupils have textbooks because many parents cannot afford them at a cost of three to six lari each. Other school supplies are also quite expensive. The fact that this year the Ministry of Education managed to provide every child starting school with a primer out of State funds is an encouraging development but does not solve the problem as a whole.

The budgetary funds received by schools are inadequate for them to purchase school supplies and teaching materials in sufficient quantities. The problem of receiving funds from central sources for heating schools in winter has still not been resolved.

46. Figures for September 1998 reveal that the salaries of certified teachers at schools offering a general education and specialized secondary and vocational educational establishments were 38.5 lari for grade III teachers, 45.5 lari for grade II teachers, 52.5 lari for grade I teachers and 70.5 lari for the highest grade teachers. The salaries of uncertified teachers in the 1997/98 school year were 35 lari for those with a general secondary education (category III), 36 lari for those with a secondary specialized education (category X), 37 lari for those with a higher education (category XI), 38 lari for those at step II (category XII), 39 lari for those at step I (category XIII), and 41 lari for those at the highest step (category XIV).

The salaries of teachers in higher education are as follows. A head of department is paid 66 lari if a professor, 60 lari if he is a Doctor of Sciences and 47 lari if he has no higher degree. The salary of a departmental professor is 60 lari if he is a Doctor of Sciences and 47 if he is a Candidate of Sciences. A departmental assistant professor receives 47 lari if he is a Doctor of Sciences, 41 if he is a Candidate of Sciences and 39 if he has no higher degree. A senior teacher receives 38 lari if he is a Candidate of Sciences and 37 if he has no higher degree. A teaching assistant receives 37 lari if he is a Candidate of Sciences and 36 if he has no higher degree. A trainee teacher receives 35 lari.


Article 15. Right to take part in cultural life

47. State budgetary appropriations for culture in 1997-1999 were as follows: 13,411,600 lari in 1997 (1.72 per cent of the national budget), 14,495,000 lari in 1998 (1.9 per cent); and 10,158,600 lari in 1999 (0.94 per cent).

48. The Libraries of Georgia Act was adopted in 1996, the Culture Act in 1997 and the Protection of the Cultural Heritage Act and the Theatres of Georgia Act in 1999. Draft legislation on the import and export of items of cultural value and on the museums of Georgia has been drawn up and transmitted to the Council of Europe for assessment. A bill on education in the arts is being prepared.

49. Current regulations on royalty rates and payment procedures for the creation, public performance or other use of literary and art works are clearly out of date and need to be thoroughly revised in the light of present conditions. The same is true of the entire copyright protection system, particularly in the case of pirated artistic works, films and video recordings. For example, the video market in Georgia consists mostly of unlicensed copies, which is an obvious copyright violation.

50. Georgia's Ministry of Culture, as an executive body, is making every effort to promote the cultural development of ethnic minorities, and considerable progress has been made in this respect.

Abkhazian, Armenian, Ossetian and Russian State theatres as well as Azerbaijani and Russian folk (amateur) theatres are active in Georgia. The Shota Rustaveli State Theatre and Cinema Institute is training a targeted group of students to form the core of a future Azerbaijani State theatre in Tbilisi.

Georgia has many museums devoted to outstanding cultural figures, including Mirza Fatali Akhundov, D. Gulia (Sukhumi), Djalil Mamedkulizade, Vladimir Maiakovskii, Nariman Narimanov, Vahan Teryan, Konstantin Simonov and Kosta Khetagurov (Tskhinvali). Tbilisi also has an Alexander Pushkin memorial house and a Lesya Ukrainka museum-library.

Tbilisi also boasts a Russian cultural centre, Russian-Georgian and Azerbaijani-Georgian cultural centres and the Caucasian House cultural centre. Almost all of Georgia's libraries contain literature in ethnic minority languages.

Generations of audiences have enjoyed the performances of Abkhazian, Armenian, Assyrian, Azerbaijani, German, Greek, Jewish, Lithuanian and Ossetian song and dance groups. Some of the most successful of the many amateur groups are the Ionat Shel Shalom (Doves of Peace) Jewish children's dance group, which won an international competition; the Aik Greek youth song and dance group, the Saiat-Nova vocal and instrumental group and the Kurdish and Assyrian groups.

A highly successful Jewish book festival was recently held in Georgia.

However, all of the above is not a reason for complacency. The Georgian Ministry of Culture is pursuing active and close collaboration with ethnic minority associations, societies and cultural centres. A special Minorities Commission has been set up under the Minister of Culture, and within the Ministry itself, headed by a deputy minister of culture, there is a service dealing directly with specific problems connected with the cultural development of ethnic minorities in Georgia.


Table. Population by sex and age on 1 January 1998

Georgia


Age
Urban population
Rural population
Urban and rural population
.
Men
Women
Total
Men
Women
Total
Men
Women
Total
1
2
3
4
5
6
7
8
9
10
0
16 360
13 766
30 126
11 370
9 675
21 045
27 730
23 441
51 171
1
16 078
14 473
30 551
11 713
10 383
22 096
27 701
24 856
52 647
2
17 082
15 303
32 385
12 098
10 904
23 002
29 180
26 207
55 387
3
16 507
15 143
31 650
12 715
11 719
24 434
29 222
26 862
56 084
4
17 361
16 214
33 575
13 700
12 987
26 687
31 061
29 201
60 262
0-4
83 388
74 899
158 287
61 596
55 668
117 264
144 984
130 567
275 551
5-9
118 414
112 136
230 550
97 988
92 511
190 499
216 402
204 647
421 049
10-14
121 887
117 797
239 684
106 155
101 811
207 966
228 042
219 608
447 650
15-19
117 671
112 999
230 670
96 998
93 403
190 401
214 669
206 402
421 071
20-24
111 246
107 513
218 759
94 811
89 410
184 221
206 057
196 923
402 980
25-29
119 064
109 875
228 939
82 124
77 619
159 743
201 188
187 494
388 682
30-34
103 359
123 308
226 667
89 517
88 960
178 477
192 876
212 268
405 144
35-39
114 275
136 344
250 619
93 549
91 189
184 738
207 824
227 533
435 357
40-44
100 371
119 730
220 101
77 125
77 030
154 155
177 496
196 760
374 256
45-49
91 172
107 658
198 830
62 558
65 265
127 823
153 730
172 923
326 653
50-54
56 899
67 260
124 159
39 097
43 037
82 134
95 996
110 297
206 293
55-59
76 403
96 860
173 263
64 506
73 680
138 186
140 909
170 540
311 449
60-64
65 734
80 020
145 754
63 744
71 428
135 172
129 478
151 448
280 926
65-69
54 246
74 446
128 692
60 722
71 779
132 501
114 968
146 225
261 193
70-74
38 163
60 669
98 832
43 806
59 429
103 235
81 969
120 098
202 067
75-79
15 191
33 859
49 050
17 274
36 079
53 353
32 465
69 938
102 403
80-84
8 903
21 775
30 678
9 893
24 681
34 574
18 796
46 456
65 252
85-89
5 337
12 621
17 958
7 462
18 316
25 778
12 799
30 937
43 736
90-94
1 887
4 590
6 477
3 035
7 020
10 055
4 922
11 610
16 532
95-99
606
1 625
2 231
989
2 831
3 820
1 595
4 456
6 051
100 and older
65
252
317
138
142
280
203
394
597
including:
0-15

347 502

327 456

674 958

286 036

269 714

555 750

633 538

597 170

1 230 708
0-17
394 838
373 000
767 838
324 969
307 116
632 085
719 807
680 116
1 399 923
16-29
324 168
307 763
631 931
253 636
240 708
494 344
577 804
548 471
1 126 275
16-49
757 158
817 427
1 574 585
596 682
582 876
1 179 558
1 353 840
1 400 303
2 754 143
16-54
790 244
862 063
1 652 307
615 482
606 189
1 221 671
1 405 726
1 468 252
2 873 978
16-59
866 647
958 923
1 825 570
679 988
679 869
1 359 857
1 546 635
1 638 792
3 185 427
16-64
932 381
1 038 943
1 971 324
743 732
751 297
1 495 029
1 676 113
1 790 240
3 466 353
55 and older
266 535
386 717
653 252
271 569
365 385
636 954
538 104
752 102
1 290 206
60 and older
190 132
289 857
479 989
207 063
291 705
498 768
397 195
581 562
978 757
85 and older
7 895
19 088
26 983
11 624
28 309
39 933
19 519
47 397
66 916
Total
1 404 281
1 576 236
2 980 917
1 173 087
1 241 288
2 414 375
2 577 368
2 817 524
5 394 892

©1996-2001
Office of the United Nations High Commissioner for Human Rights
Geneva, Switzerland