Category: Georgia PROLoG

PROLOGOct2020

Photo by: Mostafa Meraji

The Parliament of Georgia greatly expanded women’s labor rights via amendments to the Labor Code that were shaped by the guidance and expertise of the USAID-funded Promoting Rule of Law in Georgia Activity (PROLoG). Passed on September 29, 2020 after 18 months of discussions with different social partners and intense public and parliamentary debates, the Labor Code amendments promote gender equality in the workplace and provide new protections for all workers. 

The amendments expand protections for pregnant women and mothers, who could be denied the right to return to the same job and working conditions following maternity leave, child care leave, or leave due to adoption of a newborn under the previous version of the law. The amendments further support the professional development of women by requiring employers to consider participation in professional trainings or qualification upgrading courses as work time for which employees will be remunerated in cases where the employer has required the participation of the employee.

Under the amendments, the scope of prohibition of discrimination in employment and professional activities within labor and pre-contractual relations has been expanded as well, and will also apply to pre-contractual selection criteria and employment conditions and promotion on all levels of professional hierarchy regardless of the sphere of activity. The amendments also prohibit discrimination on the grounds of a health condition.

Protections for all workers are further strengthened by requiring written employment agreements for all employment relationships exceeding one month.

Most significantly, the amendments have established an effective enforcement mechanism to ensure compliance to the code. According to Dimitri Tskitishvili, Georgian Member of Parliament (MP), “as a result of the adoption of this amendment package, Georgia now has significantly improved legal standards for labor rights and a solid legal foundation to establish an independent and fully-pledged Labor Inspection.”

PROLoG became involved in the legislative reform efforts in 2018 when the Parliament’s Gender Equality Council (GEC) requested experts to advise on the drafting of a legislative package on women’s labor rights. PROLoG experts Anna Maisuradze and Zizi Chkhaidze collaborated with the GEC to draft a law and explanatory notes that later became part of Labor Code reforms. The draft law not only reflected European directives and international obligations, but also included recommendations prepared by PROLoG legal aid grantee NGOs based on strategic litigation in common courts.

The GEC supported an inclusive and participatory process to amend the Labor Code and, before the adoption of the legislative changes, PROLoG conducted several meetings with relevant stakeholders to discuss the existing practices and challenges in women’s pre-contractual and labor relations, as well as future prospects for reform. PROLoG’s experts also participated in discussions with the Ministry of Labor, Health, Social Affairs, MPs, and business sector representatives.

Following the passage of the amendments, Mr. Tskitishvili expressed his gratitude to USAID for its “continuous support and significant contribution in this very long and challenging journey to improve the labor rights and standards in Georgia for the benefit of the employees and economic prosperity of the country.” 

Photo by Laura Rivera

PROLoGSept2020

Religious minorities living in the mountainous Adjara region of Georgia had the opportunity to seek legal advice on matters of violence and discrimination based on gender and religion thanks to a mobile legal clinic organized by the Human Rights Education and Monitoring Center (EMC). The two-day clinic was held on August 24-25 in the towns of Khulo and Ghorjomi and included a workshop for women in Khulo focused on women’s rights and domestic violence issues.

Religious and ethnic minorities in Georgia often face legal hurdles that limit their access to justice. With support from EWMI’s USAID-funded Promoting Rule of Law in Georgia Activity (PROLoG), EMC is working to strengthen the rights of religious and ethnic minorities in the Adjara region by addressing the discriminatory practices of state institutions. These discriminatory practices include the restriction of freedom of religion for minority religious groups, discrimination on religious and ethnic grounds in relations with the state and private persons, unequal treatment with regard to the recognition of property ownership and during the construction process, and the discriminatory indifference of police towards religious-based hate crimes.

EMC organized the mobile legal clinic to provide free legal aid and identify the key social and legal problems faced by the residents. The clinic was led by a group of lawyers from Tbilisi along with a locally-based lawyer who will be permanently stationed in the region to provide on-going legal consultations and litigation assistance. During the clinic meetings, residents of Khulo and Ghorjomi sought legal advice on matters of violence and discrimination based on gender and religion, as well as issues related to the registration of agricultural lands. In particular, the women who attended the meeting were interested in family law issues, such as the management of funds between spouses when they both are involved in agricultural activities and how alimony is determined in cases of divorce.

As part of the mobile legal clinic, 15 women in Khulo had the opportunity to participate in a workshop focused on women’s rights. They learned about the rights of domestic violence victims and existing protection mechanisms, and an EMC representative explained the importance of reporting violence to the police and provided information about shelters for situations in which  victims might not have a safe place to go.

The discussions held during the two-day clinic highlighted existing challenges in the region, including the lack of access to resources and services. The residents of high mountainous Adjara often have to travel two or three hours to the city of Batumi to access necessary public services which is both a logistical and financial burden for the local population.

Access to justice requires a justice system that is responsive to the needs and rights of all citizens, as well as a citizenry that is informed and able to seek the protection of their rights under the law. EMC’s work will help to ensure that the religious minorities of Adjara are not forgotten and strengthen their ability to seek justice should they face violence or discrimination based on their gender or religion.

PROLOGJul2020

Photo by Sven Brandsma

On July 7, the Tbilisi City Court decided a case litigated by EWMI grantee, Partnership for Human Rights (PHR). Through a EWMI PROLoG-supported project, “Strengthening Child Access to Justice in Georgia,” PHR provides legal aid to children and their guardians in cases where there is a violation of the rights of a child. In this particular case, PHR was protecting the rights of a child that was placed in a COVID-19 quarantine zone despite having a suitable place for self-isolation with the parent.

On June 27, the family returned to Georgia from the U.S. and was taken to a quarantine zone. According to the government’s regulation, instead of quarantine, which lacks adequate living conditions for a child, the child should have been placed in self-isolation. The family requested to be transferred to their home arguing that they had a suitable alternative, the quarantine zone did not provide appropriate nutritional support for the child, and the child’s psychological well-being was at risk, but their request was rejected without any basis.

With the help of PHR, the family was able to address the Tbilisi City Court. On July 7, the court heard the case, and, taking into account the best interest of the child, granted PHR’s request, and the family was transferred to self-isolation. PHR was pleased with this outcome and continues to protect the human rights of children and other vulnerable groups through legal assistance. 

PROLOGMar2019-3

Liaman Mamedova

PROLOGMar2019-4

PROLOGMar2019-5

PROLOGMar2019-6

PROLOGMar2019-2

TDI also presented and moderated a discussion of three documentary videos.

PROLOGMar2019 - 1

TDI announced the winners at an award ceremony on March 1st.

Students in Georgia have been working together to find creative ways to raise awareness about the discrimination faced by religious and ethnic minorities and foreigners residing in Georgia. Supported by the EWMI-PROLoG grant, “Promoting Diversity, Enhancing Dialogue and Empowering Minorities and Women,” the Tolerance and Diversity Institute (TDI) invited students from each region to enter a competition and craft innovative ways to spread a message of tolerance. The student participants prepared blogs, wrote articles, created photo stories, and produced videos that focused on the challenges related to tolerance and cultural diversity in their community.

On March 1, 2019, TDI held an award ceremony for the youth contest winners. Given the overwhelming response and the quality of entries, several winners were selected:

• Batumi school #16, two students prepared photo story about Roma community in their city and students who study at their school.
• First Public School of Tbilisi, a student of 11th grade prepared a blog on foreigners residing in Georgia. He described some of the problems and obstacles that foreign citizens face in Georgia.
• Gori Public School #12, a student prepared a blog post, The Colorful City, in which she described ethnic and religious diversity of her hometown Gori.
• Tbilisi State University, a student prepared a photo story about Krishna community living in Georgia.
• American International High School-College Progress, a 10th grade student prepared a blog post about the tradition of tolerance and described her experience as a foreign student living and studying in Georgia.
• Tbilisi State University, a student prepared a video about Muslim girls from Chela.

The students of Batumi Public School #7 also received an honorable mention for their video, “Sun Shines for Everybody.”

Brian LeDuc, EWMI-PROLoG Deputy Chief of Party, and Eka Chitanava, TDI director, delivered opening speeches at the ceremony. The students were very happy to be recognized for their hard work. Following the awards, TDI also presented and moderated an active and inclusive discussion of three documentary videos (Liaman, Ala, and Tarash), produced by TDI under the same EWMI-PROLoG grant. The documentaries feature individual stories about the challenges ethnic, religious and racial minorities encounter in their everyday lives and discriminatory treatment they receive. Ala, a member of the Yazidi community in Georgia, shares her thoughts about obstacles and challenges that ethnic minorities face in Georgian society and the long history and rich culture of her community; Liaman, a member of the Azerbaijani community in Georgia, speaks about her experience as a representative of an ethnic minority group, and discusses problems related to the integration of minorities into Georgian society, and Tharaka, (called Tarashi by Georgians) who has graduated from Tbilisi State Medical University, shares his impressions about Georgian culture, hospitality, also the problems encountered by foreigners due to state policies and the xenophobic attitudes of some Georgians. Both Ala and Liaman participated in the subsequent discussion, and addressed many interesting questions and observations from the audience.

EWMI’s Promoting Rule of Law in Georgia (PROLOG) program is made possible by the generous support of the American people through the United States Agency for International Development (USAID).

View the documentaries, Liaman, Ala, and Tarash, below.