საქართველოს სახელმწიფო ანგარიშების პირველადი პროექტები „შეიარაღებულ კონფლიქტში ბავშვთა მონაწილეობის თაობაზე ბავშვის უფლებათა კონვენციის“ დამატებითი ოქმი
📦 საკანონმდებლო პაკეტი
საქართველოს სახელმწიფო ანგარიშების პირველადი პროექტები „შეიარაღებულ კონფლიქტში ბავშვთა მონაწილეობის თაობაზე ბავშვის უფლებათა კონვენციის“ დამატებითი ოქმი
- საქართველოს სახელმწიფო ანგარიშების პირველადი პროექტები „შეიარაღებულ კონფლიქტში ბავშვთა მონაწილეობის თაობაზე ბავშვის უფლებათა კონვენციის“ დამატებითი ოქმი (ეს პროექტი) ოქმი
- „ბავშვთა ვაჭრობის, ბავშვთა პროსტიტუციისა და ბავშვთა პორნოგრაფიის თაობაზე ბავშვის უფლებათა კონვენციის“ დამატებითი ოქმი ოქმი
📋 განხილვის ეტაპები
ინიციირებული ვარიანტი
🏛️ კომიტეტები
- ადამიანის უფლებათა დაცვისა და სამოქალაქო ინტეგრაციის კომიტეტი წამყვანი კომიტეტი
- საგარეო ურთიერთობათა კომიტეტი კომიტეტი რომლის დასკვნაც სავალდებულოა
- იურიდიულ საკითხთა კომიტეტი კომიტეტი რომლის დასკვნაც სავალდებულოა
- თავდაცვისა და უშიშროების კომიტეტი კომიტეტი რომლის დასკვნაც სავალდებულოა
📅 დამატებითი ინფორმაცია
ბიუროზე განხილვის თარიღი 2016-11-30
ბიუროს ნომერი 6
📜 ტექსტი
წერილი
bOJOハ 田 33匡
│││││││││││││││││││││││││││││‖
=円
││││││││││││││││││││
42798‑01‑2‑201611280935
し
〕J8001D
bDangnし oハ ロ
bむ 30ハ 3日
N001/42798
28/11/2016
brjr6o63q,erb 3r6qrr0g66tr
brjl6crr3gq,crb Jr6q,;0g6$ob 6g6q,$g6$otl 2282 @gbq,ob tsg[rbt0olr,>qr,
0g0qg5al6o grbboqr3olr 0oic6oor, $r60r'r5oqrbC6o brjrt6or3gqrcrb Ulbgqr0$ogc'r
r65r6otsgbob Jo63gq,rqr J6r"rgjggbb 0gor6reCbgq 3r"rbgqrojgtso br303orr
0r'r6.:$oq,gcnbotr otc'rbsbg brg0gob U3qCbsorr 3rn63g66oob qrr0r6gbooro ojOob; qr.>
bt3ts3orr 3.>)6rnbolr, bl303crt J6e$6o6g6oolt qrr b,>3ts3crrr 3er66er56,>goolr orrerbrbg
br303ob ggqrgbrorr 3c.r63g66oob qgrOtggbocrro oj0ob brj;6crr3gqrc'rlr 0o96
o0Jqrg0g6gr6ootr tsgb;bgb.
lj3g 6r66erbgbor, 6cn0 tsgo;6rq3b3q Jo6gqrojg0o bt3ts3orr Oerb;$oqrgerbob
cnrcnbrbg br3ts3ob ggq,gbror,: 3ofug66oolr qg$rggbocrro oj0ob tsgb6gqlbob 0gllbgb
br363ob ggq,gbmr 3r"r0ogggtso r63r6o0ob g.:6qg6gbr brj.:6o69q,erb gg6pr 2012
$cqb, bc'rqrgr br3tsgorr 3r$6cnbob, br3ts3or Jr6arb6o6ggoobl q)r b.:3ts3or.>
Jo66c'r56lgoolr orlt'rbtbg 0l303ob ggqlbrorr 3c'r6g366oob qr;Olggbooo c'rjaob 0gbrbgb
;65,>6o0olr) Jo - 2007 $gq,tr.
l0;bcn;6 gr66rnbgbcrr, 6r'10 2017 $q,ob 25 ol63r6b br3tsgob ggq,gb.:cnr
3r'r0ogggo
650r3b br3tsgob ggq,g0.>ot 3rn63g66oob tsgb6gq,g0ob tsgtr;fub brj.:6o6gq,arb
rbgr6o0ob 5tbboqStb. 3o0ogggob 0ogt6 ;q6o06gqro r6gr6o0ob
5r6boq6ob
3er6ggjbg0o, 5r0er6br36oqr gobrbgr6 3ocnb3gb0o gg64gqgbr 5'0rb3oq,gbgq,or
bg0r'rbbgbgbUq., grerbre)Ooqrgbgq,o .:65r6o0gbotr
ft6qr5g6ob br3oorbbg.
Egb$r0olr.>qg, brgr6gc"r bsj0gors br0o6ob66o J6orn6oocouqxg 0ooB6g3b rq6ots6gq,o
bbgq,O$ogrn,r65r6o0gbob $r6qg5g6sb gsbq,ergb Oer0r3rq,tso.
bbg6gbpq,o r6gr6oEgbob Jo63Cqrqgo J6ergjggbo Oar0brqrSbgq,or o66q,otlg6
gblbg, oOob Srorgrq,ob$obgbocn, r6rn0 cl6cr 5r63por36oq,or bt3ts3ob ggq,gbmr
3erOog3gtso $$brq.o66rqr. .:0rlro116, rq6o06pqro .:65lr6o0gbob J6ergjgg0oli
qr6r,rtso.
00Ψ :(+99532)2945000;8。
WWw.mfa.gOv.ge
dOb J・ NO全
」bO:(+99532)2945001
ノノ
OH8 oゐ oΨ ObO,300600。
枕f
g 一
.
一
2
qr;6s6crro: 70 gg66q,o.
鰺
一一
^召
一
j,:6or gq,36er3r6 orr660rbb 0ogr$3qrocrr tsgbldqrSbq,4g O.JqC
ანგარიში
GEORGIA
Initial Report on the Implementation of the
Optional Protocol to the Convention on the Rights of the Child
on the Involvement of Children in Armed Conflict
(Committee onthe Rights of the ChilA
--,2016
Preliminon,Droft
I. Introduction
.....,......,.........., 2
IL Overview ofthe Legal and Institutional Framework....
........... 3
IIL Human Rights Situation in the Occupied Territories.......
..........5
IV. Preventive Measures and Mechanisms......,.,........,.
.....,.,.......6
V. Prohibition and Related Matters..........
VI. Activities towards Recovery and Integration
............9
..........................13
VII. International Assistance and Cooperation.....,,......,...,.
.,.....,..2J
^′4
Introduction
This is the flrst report of the Government of Georgia, submitted under Article 8. Paragraph l, of
the Optional Protocol to the Convention on the Rights of the Child on the Involvement of
Children in Armed Conflict. The report was prepared in accordance with the Revised Guidelines
regarding initial reports to be submitted by states parties,r
The purpose of the present report is to inform the Committee on the Rights of the Child on the
situation in Georgia with regard to the protection of the children tiom involvement in armed
conflict and the measures implemented by the state in this respect.
Georgia has developed an inclusive national reporting process. In order to facilitate the proper
implementation of Georgia's obligations under the human rights treaties, a permanent interagency working group as the national coordination mechanism was set up in 2014, bringing
together high and mid-level offlcials from the executive, the judicial and the legislative
authorities. In parallel, relevant training was organized for the inter-agency working group
members, in cooperation with the UNDP and more training is envisaged in the future.
The report has been drafted by common efforts of relevant authorities, coordinated by the
Ministry of Foreign Af fairs. The fbllorving authorities participated in the process of preparing the
report: [-{uman Rights Secretariat of the Administration of the Covernment, and the Ministry of
Def'ence, the Ministry of Justice, the Ministry of Labor, Health and Social affairs, the Ministry of
Education and Science, Chief Prosecutor's Office, the Parliament of Georgia, the Constitutional
Court, the Supreme Court. The draft report was provided to the Public Defender, nongovernmental and international organizations and their contributions are reflected in the report to
the possible extent.
II. Overview of the Legal and Institutional Framework
The Constitution of Georgia is the supreme law of the state. The Constitution reaffirms the
universally recognized human rights and freedoms.
Optional Protocol to the Convention on the Rights of the Child on Involvement of Children in
Armed Conflict (Optional Protocol) constitutes international treaty of Ceorgia. International
treaty of Georgia is integral part of Georgian legislation2. The Constitution of Georgia
recognizes supremacy of international treaties over domestic laws, According to Article 6 of the
Constitution, an international treaty of Georgia unless it contradicts the Constitution of Georgia,
the Constitutional Agreement, shall take precedence over domestic normative acts. Provisions of
officially promulgated international treaties of Georgia that establish concrete rights and
obligations and need no adoption of implementing national normative acts shall have direct legal
'ctctctoptctz.
'Article 6.1, Law of Georgia on Intemational Treaties of Georgia, (lgg7).
effbct.r Therefbre, the legal system of Georgia provides every possibility fbr treaties to be
invoked before the courts and applied by the national authorities.
In 2014, Georgia adopted its first comprehensive long-term Human Rights Strategy (2014-2020)
and the subsequent Action Plans for the period of 2014-2015 and 2016-2017, which were
elaborated in a transparent manner with the active involvement of the civil society and
international actors. The Action Plan contains special chapter dedicated to the children's rights
and it defines concrete measures to be implemented by the Government. lts effective
implementation and monitoring is ensured by the Human Rights Secretariat and the Human
Rights Inter-Agency Council under the Prime Minister. Council consists of the ministers as well
as civil society representatives and international organizations with the permission of vote. The
Council is accountable to the Parliament by annual reporting.
One of the most recent and important developments in the legislation of Georgia is the adoption
of the comprehensive anti-discrimination law on May 2,2014 by the Parliament of Georgia,
In recent years significant measures have been undertaken by Ceorgia at the policymaking and
institutional levels to ensure coordinated state action for the purposes of the effective enjoyment
of human rights. Along with the Gender Equality Council chaired by a Vice-Speaker of the
Parliament, special posts were also appointed such as the Human Rights Advisor of the
President, the Assistant to Prime Minister on Human Rights and Gender Equality Issues, and an
Ambassador at Large on Human Rights within the Ministry of'Foreign Aftairs, who is tasked to
systematically' fbllow up on the implementation of HRC resolutions, recommendations by
Special Rapporteurs and Independent Experts and outcomes of the UPR process. The Committee
on Human Rights and Civil Integration, as one of the standing committees of the Parliament of
Georgia, has broad powers to monitor and evaluate the human rights situation in the country as
well as to examine individual petitions from individuals.
Independent body responsible lbr the monitoring o1' the protection ot' human rights and
fundamental fieedoms within the territory of the country is the Public Def'ender of Georgia
who is elected for a term of five years by the Parliament of Georgia.a The Public Def'ender
acts independently and carries out his/her activities in accordance with the Constitution of
Ceorgia, international treaties of Georgia, universally recognized principles and norms of
international law.5 The Public Def'ender independently examines the situations with regard to the
protection of human rights and fieedoms, and the facts of their violation, based on both received applications and on his/her own initiative.6 The Office of the Public Defender is
authorized to monitor the implementation of the anti-discrimination law.
When conducting an inspection. the Public Del'ender, inter ulia, is entitled to fieely enter any
state or local self:government body, enterprise, organizalion, institution, including, military unit,
I Article 6.3, Law of Georgia
on Intemational Treaties of Georgia, (1gg'7)
43, Constitution of Georgia, (1995)
'Article
5
('
Article 4.1, Organic Law olCeorgia on the Public Defender of Georgia, ( 1996)
Article I 2, Organic Law of Ceorgia on rhe Public Defbnder of Ceorgia, ( I 996)
prison and confinement facilities and other places of detention and restriction of liberty; request
and receive, immediately or not later than l0 days. from state and local self'-government
authorities or from offlcials all documents and materials necessary fbr conducting an inspection.T
Based on the results of an inspection, the Public Defender, inter alia, is entitled, in order to
restore violated human rights, to send proposals and recommendations to state and local self-
government authorities, public institutions and officials whose actions caused a violation of
rights and freedoms guaranteed by the state; request relevant investigating authorities to staft an
investigation and/or criminal prosecution if, after examining the case, he/she comes to the
conclusion that there are elements of crime in the case; make proposals to relevant bodies on
disciplinary or administrative liability of persons whose actions violated the human rights and
fieedoms; act as a friend of the court (amicus curiae) in common courts and the Constitutional
Court of Georgia; infbrm the mass-media about the results of inspections related to violations of
human rights and fieedoms; apply to the President of Georgia and to the Prime-Minister of
Georgia, if considers that the means of response at his/her disposal are not sufflcient.8 The Public
Defender submits to the Parliament of Georgia an annual report on the situation of human rights
and f'reedoms in the country.e
III. Human Rights Situation in the Occupied Territories
The Government of Georgia has been consistently continuing its policy aimed at ensuring full
enjoyment of the rights provided in the Convention for the entire State population. To this end,
the obstacles of outstanding gravity were imposed by occupation of two regions - Abkhazia,
Ceorgia and the Tskhinvali region/South Ossetia. Georgia by the Russian Federation.
As a result of military aggression, creeping annexation and occupation policy, well-planned and
systematically implemented by the Russian Federation regarding the territory of Georgia,
between l99l and 2015 several hundreds of thousands of persons were expelled from their
homes to become IDPs and refugees and they have been deprived of their internationally
recognized right to a voluntary. safb and dignified return to places of their permanent residence.
Due to Russia's illegal actions. the Government of Ceorgia as well as the legitimate authorities
of these regions currently in exile, are unable to exercise effective control of the territories to
give effect to the provisions of the Convention. While Georgia fully undertakes its obligation to
take all possible measures for implementing the provisions of the Convention, preventing its
possible breaches and terminating its ongoing violations, at the same time, it contends that the
primary responsibility for non-compliance with the provisions of the Convention as well as their
violation in these regions rests with the Russian Federation.
The occupation line along the administrative boundary line with Abkhazia and the Tskhinvali
Region separates Georgia from its two occupied territories. In the spring of 2011, the Russian
'8 Article I 8, Organic Law of Georgia on the Public Defender of Georgia, ( I 996)
Article 2 I , Organic Law of Georgia on rhe public Defender of Georli u, gleel
' Article 22, Organic Law of Georgia on the public Defender of Georlia, (1996)
occupation forces intensified the process of the installation of barbed wire fences and
other
artificial obstacles along the occupation lines in Abkhazia, Georgia and the Tskhinvali
region/South Ossetia, Georgia (placed in 2009). Currently, the total length of artificial barriers
along the occupation lines is 63 km. Russia continues to place undue restrictions on the local
population wishing to cross the occupation line often leading to casualties among
those locals,
including children and women, seeking urgent medical treatment. People are regularly detained
by Russian FSB border guards for so called "illegal border crossings.,'
Human rights violations occurring in the occupied territories on a frequent basis include but are
not limited to: kidnappings, robberies and assaults. violation of the right to lifb, torture and illtreatment, arbitrary detentions of ethnic Georgians, systematic and gross violations of property
rights of ethnic Georgians, restriction of freedom of movement, the restriction of the ethnic
Georgian school children to receive education in their native language.
People, including children, especially those of Georgian ethnicity, have been deprived of most of
fundamental rights and freedoms. Those who live in conflict zones are under constant pressure
and fear of expulsion and other punitive measures. Often, children are abducted from the
adjacent regions to the occupied territories by the separatist illegal armed groups and Russian
military forces. All these acts place them in high risk to be recruited into illegal armed groups
operated in the occupied territories of Georgia.
Furthermore, the right to education of children living in and around the conf'lict zones are
frequently violated by the Russian FSB Forces. In very often cases school children, living near
the occupation lines are deprived by the Russian FSB Forces of their right to education and are
not allowed to attend the classes. In addition, they are restricted to receive education in the native
language in Abkhazia and the local population is coerced to teach and be taught in Russian
language.
For years, the Georgian authorities have been advocating the involvement of international
organizations in the issue of the protection of human rights in the occupied regions of Georgia as
well as significance of the access of international human rights monitoring mechanisms in these
areas' The occupying power, exercising effective control, continues to prevent numerous
international organizations, including humanitarian, from entering those territories.
IV. Preventive Measures and Mechanisms
a. Overview of legislation on military service
According to the Additional Protocol to the Convention on the Rights of the Child on
the
Involvement of Children in Armed Conflict, the age of the person, who is subject
to military
service, is stipulated in the Law on Military Obligations and Military Service
of Georgia.
Namely, in accordance with Article 9 of the Law, call-up lor military service
is allowed for the
person aged fiom 18 to 27 years. Moreover. according to the
Law on Military Reserve Service of
Georgia' mandatory reserve call-up is permitted tlrom 27 years. In case
the person expresses the
6
desire to serve as military servant, minimum age is lg years.
In addition, above-mentioned law provides the possibility for cadets to study in high military
educational institution under l8 as an exception. However, the law establishes that the person
may become the cadet (student) of the above institution only by the consent of parents.
Moreover, prior to call-up for the armed forces, the cadet should sign the contract to clearly
express the consent to be committed to the aspects of'military service; this meets the
requirements of the Protocol. The enrolment in the Cadet Military Lyceum may be carried out
for the male and female pupils who graduated from the general basic level (9th Grade)
educational institution, but they qualify as civilians, not as military servicemen.
With regard to emergency situations, Law on Civil Security prescribes the state's special
obligation to defend the lives of children under the age of eighteen. The same law stipulates that
the medical institutions shall have status of facilities providing civil security. During the
emergency, the functions of the medical institutions are as follows:
o
o
o
o
o
In the framework of their capacity, planning and implementation of preventive
measures relevant to the emergency situation;
Creation of necessary forces and materials and ensuring their permanent readiness;
According to national plan, organization of urgent rescuing operations on the facilities
and adjacent territories thereto;
Participation in the responsive measures and restoring operations according to law;
Ensuring the stabilized lunctioning of organizations and the protection of personnel
during the emergency situations entailed in peace or hostilities;
Georgian legislation guarantees protection of children from different types of violence, physical
abuse/punishment and other cruel and degrading forms of punishment. For instance, in Chapter
XX of the Criminal Code of Ceorgia (Criminal Code) diflerent types of acts against health are
criminalized, in particular. assault and batteryl0, intentional damage to health of different
degreesll, violencel:, domestic violencell. etc. The Criminal Code also prohibits torturel4, threat
of torturels, inhuman or degrading treatmentl6. Moreover, commission of prohibited acts
envisaged by some of these articles committed against minors shall be considered as aggravated
circumstances and shall result in harsher penalties.
B.
Overview of the Comprehensive Policy in International Humanitarian Law
The Covernment has elaborated a comprehensive policy lor the implementation of international
humanitarian law in its legislation and practice. The National Inter-Agency Commission on the
7
Implementation of International Humanitarian Law (the Commission) was established on 3l
October 20ll as a standing body set up to implement and ensure respect for International
Humanitarian Law (lHL) and to coordinate the w'ork of diff,erent entities in this field.
The Commission is a consultative body of the Government and coordination activities of
relevant governmental institutions and non-governmental organizations. The Commission is
composed of the representatives from different state agencies (Ministry of Justice, Ministry of
Defence, Ministry of Foreign Affairs, Ministry of Internal Affairs, Ministry of Education and
Science, Chief Prosecutor's Offlce. National Security Council. etc.). At the same time, experts in
the flelds of' Public International Law. lnternational Humanitarian Law and International
Criminal Law, as well as representatives from International Committee of the Red Cross (ICRC)
are invited to participate in the working process of the Commission. The Commission is chaired
by the Minister of Justice.
One of the main objectives of the Commission is to promote the determination of IHL programs
and various educational activities in cooperation with the International Committee of the Red
Cross (ICRC). On 15 July 2014, the Commission approved the 2014-2015 Action Plan,
envisaging inter alia the dissemination of the IHL's principles among target groups (ournalists,
teachers, schoolchildren, doctors, etc), training the personnel of the Ministry of Defense and the
armed forces on IHL and providing information regarding the civilian population and objects.
The main objective of the 2014-15 Action Plan is to ensure compliance of Georgian legislation
with international obligations. With this objective, the Action Plan envisages the integration of
the IHL and the IHRL norms into the manuals and doctrines of the armed forces.
Currently, the Commission is working on the elaboration of a National Action Plan fbr the
upcoming 3 years on the Implementation of International Humanitarian Law. One of the aim of
the plan will be to strengthen protection mechanisms of children through prevention of
recruitment of children into armed forces or groups.
C. Awareness Rising
Since 2010, the High School of Justice of Georgia is annually conducting the trainings on the
topic of the rights of the child, which includes the Convention on the Rights of the Child and
other relevant international instruments.
These trainings are aimed at perlinent retraining ofjudges and other employees of the judiciary.
Up to 2016,5 trainings have been conducted. In the framework of 2016 retraining programme
fbr judges and other employees of the judiciary, with the support of the UNICEF, 2 trainings are
due to be held for judges on the topic of rights of the child.
V. Prohibition and Related Matters
A. Relevant Criminal Law Provisions
8
ln accordance with Article 3,2 of the Additional Protocol the Government of Georgia declared
that "... in case the essential violation of the human rights is caused by illegal recruitment, the
action of the official or equivalent shall be qualified as an [excess] of authority and be subject of
criminal responsibility (Article 333 of Criminal Code of Georgia)".r7
Article 333 of the Criminal Code is composed of three paragraphs. According to Paragraph l,
"...exceeding of offlcial power by an ofllcial or a person equal thereto that has inflicted a
substantial damage to the right of a natural or legal person, public or state lawful interests" is
criminalized. The penalty for the commission of the crime shall be fine or imprisonment for term
of up to 3 years with deprivation of the right to hold official position or pursue activity for term
not exceeding 3 years.'t Paragraph2 aggravates criminal liability if exceeding of oflficial power
is committed by political oflrcial. In this case penalty shall be llne or imprisonment fbr term of 3
to 5 years with deprivation of the right to hold official position or pursue activity for term not
exceeding 3 years.le The harshest penalty - imprisonment for term of 5 to 8 years with
deprivation of the right to hold official position or pursue activity forterm not exceeding 3 years
- is stipulated by Paragraph 3 of the said Article, namely, when the crime is committed in the
fbllowing aggravating circumstances: repeatedly: under violence or by use of weapons; by
insulting a dignity of the victim.2')
Statute of limitation for crime envisaged by Article 333 of the Criminal Code is I 5 years.2r
According to the Criminal Code not only perpetrator shall be responsible for the commission of
crime, but also his/her accomplices. Complicity in the crime shall mean intentional joint
participation of two or more persons in the perpetration of intentional crime.22 Types of
accomplices are (1) organizer - the one who staged the crime or supervised its perpetration as
well as the one who established the organized group or supervised it, (2) instigator - the one
who persuaded the other person to commit the offense and (3) aider - the one who assisted
perpetrator in the commission of the ol}'ence. :l Criminal liability shall be imposed upon the
accomplices according to their own fault on the basis of joint illegal action, taken into
consideration the character and quality of the part that each of them played in the wrongdoing.2a
Criminal liability of accomplices shall be determined under the relevant article of the Criminal
Code.2s When imposing a sentence for complicity in the crime, consideration shall be given to
the actual character and qualitl of the person's participation. the impofiance of the
participation in attaining the goal of the crime as well as its influence on the character and
l7
https://treaties.un.ordpages/viewdetails.aspx?src=ind&mtdsg-no=iv-
'tre Article 333.1, Criminal Code of Ceorgia, ( 1999)
Article 333.2, Criminal Code of Georgia, ( 1999)
2o
Article 333.3, Criminal Code of Georgia, (1999)
t' Article zl(c)r, CriminalCode of Georgi4 (1999)
22
Article 23, Criminal Code of Georgia,ltfe;
"2a Article 24, CriminalCode of Georgia, (1999)
Article 25.l, Criminal Code of Georgia, ( I999)
's Article 25.3, Criminal Code of Georgia, ( 1999)
l l-b&chapter:4&lang=en#EndDec
quality of the incurred or possible damage.26 The extenuating or aggravating circumstance,
which shall be applied to one ol the accomplice, shall be taken into consideration only when
imposing a sentence on this accomplice.2T
The Criminal Code provides threefold structure of crime consisting of definition, wrongfulness
and culpability. Grounds precluding criminal responsibility are divided, accordingly, inro
circumstances negating wrongfulness and circumstances negating culpability. All such grounds
can be applied by delendant to preclude criminal responsibility if criteria established by the law
are met. Execution ofan obligatory order or instruction olsuperior shall not be excuse (negating
culpability) Ibr a person and ground precluding criminal responsibility if he/she executes order
or instruction with the knowledge olits itlegality.28
The Criminal Code establishes liability lor inchoate crimes, provides definition of attempted
crime and principle of'liability: attempted crime shall be intentional act that was directly designed
to perpetrate a crime but the crime was not completed. Criminal liability firr atrempred crime
shall be determined under the relevant article ofthe Criminal Code which provides liability for
completed crimes.2e
It should be mentioned that relevant working groups under the Ministry of Justice of Georgia
work to bring criminal legislation. including the concepts of attempt and execution of superior
order/instruction, fully in line with international standards.
According to Afticle 410 of the Criminal code of Georgia, it is punishable to recruit mercenaries
for participation in the armed conflict or hostilities. [n particular: "Recruitment, training and
lunding of mercenaries or providing them with material needs in any other way, also their
inclusion in armed conflict or hostilities shall be punishable by imprisonment extending f'rom
five to seven years." The second part ofthe same Article defines an aggravated conditions fbr the
prescribed crime. Namely, for the same action perpetrated by using one's ofucial capacity or
against a minor, perpetrator shall be punishable by imprisonment extending from seven to fl fteen
years.
The law defines the mercenary as the person who is not a citizen olthe state embroiled in the
armed conflict or hostilities and acts so to receive material payment, while not permanently
residing in the territory ofthe foregoing state. Moreover, he/she is not sent on a mission to carry
out offi cial obligations.
Chapter XLVII ((.'rimes aguinst Peuce of Humunity, Security untl Internati<.tnal Humuniluriun
Lau') ttl the Criminal Code, among other core crimes ol' international concern, criminalizes
lntentional Violation ol Norms of lnternational Humanitarian Law in Armed Conflict (Article
4ll), Intentional violation of Norms of Intemational Humanitarian Law in Armed conflict of
│
:││‖ ::‖ │ll鱗 1斃
:i響
10
lnternational or Non-international character by Endangering Health or by Mutilation (Anicle
412) and other violations of Norms of International Humanirarian Law (Article 4l 3). The
articles contain prohibitions of violation of norms of International Humanitarian Law.
Moreover,
Article 413 of the Criminal code provides relerence to international instruments widening
scope
ol responsibility fbr war crimes.
According to Article 413(d) of the criminal code "...any other war crime that is envisaged
by a
treaty of Georgia and is not punishable under Article 4l I or A(icle 412 of this Code shall be
punishable by imprisonment from l0 to 20 years." Georgia is party to numerous
ol international
treaties guaranteeing protection of human rights. For example. among the most impoftant
international instruments is the Rome Statute of International Criminal Court signed by
Georgia
on I 8 july 1998. Georgia deposited its instrument of ratification on 5 September 2003. From that
time onward the country has been bound by this treaty and it has become integral part ofl the
Georgian legislation. Article 8 of the Rome Statute prohibits commission of war crimes
including conscripting or enlisting children under the age of fifteen years into armed forces or
groups or using them to participate activel) in hostilities. I'herefbre, in light of'Article 413 of'the
Criminal Code, the latter, by (indirect) ref'erence ro rhe Rome Statute, in l'act, criminalizes all war
crimes envisaged by it, including crime of conscripting or enlisting children into armed
forces/groups or using them to participate actively in hostilities. Penalty for such crimes,
as ir
was mentioned above, vary tiom l0 to 20 years of imprisonment.
The Criminal Code regulates aspects of exercise olcriminal jurisdiction on crimes committed
on
the territory of ceorgia, as well as on crimes committed outside its boundaries by applying
principles ofterritorial, extraterritorial and un iversal j urisdiction s.
Person who has perpetrated a crime on the territory of Georgia shall bear
criminal liability in
considered to be
perpetrated on the territory ol Georgia if it began, continued, terminated
or ended on the
territory of Georgia. The same rule applies to crime committed on or against the vessel
authorized to use the national flag or identification mark of Georgia unless otherwise
is
prescribed by the international treaty of Georgia.30
accordance with relevant provisions of the criminal code. Crime shall be
citizen of ceorgia as well as the person with stateless status in ceorgia, who has
committed
crime abroad under the Georgian criminal legislation that is also regarded as a crime
under the
legislation of the state in which it was committed, shall bear criminal liabilitv under
the relevant
provisions of the Georgian Criminal Code.sl ln case when illegal act is not
considered as crime
in the state of its commission Georgian citizen or the person with stateless status in
Georgia
shall be liable under the Georgian legislation if it is grave or especially grave crime
directed
against interests of Georgia or ifresponsibility fbr such crime is envisaged by
international treaty
olGeorgia' 12 Citizen ola foreign state as well as the stateless person who has committed
illegal
'0 Anicle 4. Criminal Code ofCeorgia. ( I999)
-' {rticle 5.1.
Crinrinal Code ofCeurgia. ( l9gg,
'- Article 5.2. Criminal Code ofCeorgia. ( tgsq)
act abroad envisaged by the Georgian criminal legislation shall bear criminal liability under
relevant provisions of the Georgian Criminal Code if it is a grave or especially grave oflense
directed against interests of Georgia or if the criminal liability for this of'fense is provided by the
international treaty of Georgia.3s The notion "olfense directed against interests of Georgia,,
should be interpreted as crimes committed not only against the state, but against citizens of
Georgia as well. Grave intentional crime is crime that is punishable by imprisonment for term up
to l0 years; especially grave crime is intentional crime that is punishable by imprisonment for
more than l0 years or life imprisonment.la
It should be noted that one of the main activities under the draft National Action plan for the
implementation for the International Humanitarian Law is the analysis and the revision of the
Georgian legislation in order to make it in compliance with the principles and standards of
International Humanitarian Lan and International Criminal Law, and, if it is required, drafting
amendments and presenting them to the Parliament of Georgia lor approval.
B. Humanitarian Principles in National Curriculum
ln National Curriculum (2011-2016) the issues of protection of'human rights and among them
the protection of children's rights is reflected social science subject group programmes (History,
Ceography, Civic Education and Civil Defense and Security). Teaching social sciences supports
the process of cultivating informed and active citizens, understanding their responsibilities and
rights in respect to democratic society, cultural diversity and the rule of law. A student is enabled
to get familiar with the basics of human rights, international frameworks of human rights
protection, mechanisms and instruments for protecting human iights in Ceorgia and in the world,
Teaching-learning the above-mentioned subjects has a crucial importance for working out civic
competences among school students and establishing civic culture in society.
On all the three levels of general education (primary, basic and secondary) the subjects of social
sciences are taught in coordination. considering age peculiarities and abilities of a student.
In this regard, at all the three levels of instruction the fbllowing topics and issues are embedded
in National Curriculum:
o Respecting a person's life, vifiue and rights;
o Empathy and care;
o Patriotism;
o Principles and civic courage;
o Respect for cultural diversity;
o Equality;
o Tolerance:
I棚 :電 '3mW甜 認 51,1鍔
つ4
o Justice and respect of law;
o Inviolability of human life and its healthcare;
o Children's rights and freedom.
Apart from this, by now, National Curriculum for 2017-2023 at primary level is already
approved and in the renewed Curriculum Social Science group subjects are of'fered in more
intensive manner at public schools, where the issues of civic education, especially respect fbr and
protection of human rights, tolerance and positive attitude towards diversity and equality are
highly represented. According to the new National Curriculum (2017-2023), teaching social
science group subjects starts at a primary level. The standard of a new subject entitled 'oMe and
Society" has been developed for III-IV Grades. Also, subject "Our Georgia" for V-VI Grades is
revised. Different international and local organizations were actively involved in the process of
developing the subject standards to bring them in line with international frameworks which
support human rights protection, respect for diversity and equality.
According to the revised National Curriculum, students will be introduced to the concept of
equality from the III grade. The topics - peers (or friends), equal opportunities and conditions for
girls and boys to develop, respect for one another, tolerant attitude to diversity are also
embedded in the subject standard.
VI. Activities towards Recovery and Integration
a, Right of the child to education
Article 35 of the Constitution of Georgia stipulates that everyone shall have the right to receive
education and the right to free choice of a form of education. Pre-school education shall be
guaranteed by the State. Pre-school. general and vocational education is free in state and
municipal educational institutions of Georgia. At the level of higher education, State provides
funding for students on the basis of the results obtained through the united national
examinations.
In 2015, with the support of the UN Children's Fund (UNICEF) and in coordination with the
Human Rights and Civil Integration Committee of the Parliament of Georgia, a draft law on
"Early and Pre-school Education" has been elaborated; in 2016it was approved by the Georgian
Parliament.
The Ministry of Education and Science of Georgia is responsible for providing a child fiiendly
quality educational policy, in order to envisage the principles of the best interests ol'children and
raise them as fully-tledged citizens. The Ministry of Education and Science of Georgia is
dedicated to ensure the accessibility and the quality of the education system. For this purpose the
Ministry is collaborating with local and international organizations: UNICEF, LINDP, World
Bank, USAID, MCC and many others.
The Ceorgian law on General Education (approved by Parliament April 8, 2005 of Ceorgia)
ensures fiee general education tbr students at all public schools in Ceorgia. Educational
13
institutions are open to all children regardless of their race. skin color, religion, language,
national and cthnic and social belonging. To ensure that all children have the possibility to access
educational institutions and have quality education, the lollowing decisions were made recently,
fbr example:
-
The National Curriculum has been revised according to the main principles of modern
education. Together with traditional subjects the National Curriculum also covers civic
education, human rights, non-discrimination, tolerance, cultural diversity, ecology, salety and
protection, disaster risk reduction and other themes important for further personal, social and
prof'essional development.
-
An inclusive education is given in all schools of Ceorgia; supporting children with
special educational needs in mainstream schools. Integrated classes have been also opened in
several schools to help SEN children to integrate with their peers and to receive education. An
alternative curriculum is prepared for children with severe and profbund mental disabilities.
National compulsory exams are also adapted for those who have special educational needs.
-
The Social Inclusion Program aims to suppo( vulnerable children by including them in
fbrmal education through a social inclusion program. Program beneficiaries are children with
special educational needs such as Roma, Meskletians, and children without citizenship who have
problems being integrated into the formal education system.
-
The Ministry of Education and Science elaborated a policy for second chance education
lor children living and working in the streets and other vulnerable children. ln 2014, a study was
conducted to identify the main challenges preventing inclusion in fbrmal education ol'street
children. From 201 5 it is planned to start piloting the integration of an education component into
daycare centers as well as the preparation of a specific curriculum framework.
-
The Ministry of Education and Science is working hard to ensure ethnic minority
children are included and can benefit fully in educational institutions. For this purpose the
Ministry carries out a number ol'activities and tailored program, on the one hand to retain their
identity and on the other hand, to support the process of teaching the ofticial language to ethnic
minorities to support their integration into the state social, cultural and economic life.
b. Inclusive educalion
ln 2005, the term "inclusive study" was lirst recognized by the Law ol Georgia on Ceneral
Education. According to the amendments made to the same Law on December 15, 2010, the term
"inclusive study" was interpreted as "inclusive education". [n accordance with the Law,
development ofan inclusive education was one olthe policy priorities ofthe state. The law also
detined the tbllowing terms: inclusive education, children u'ith special educational needs (SEN),
mu ltidisc iplinary team and a special teacher dellnition. Furthermore, at the level ol general
education, National Education Plan constitutes a document for regulating issues of inclusive
education.
14
The term "inclusive education" first appeared in the above-mentioned National Education plan in
2005. Chapter 5 of the Plan discusses inclusive education and school responsibilities. ln 2005,
inclusive education was introduced and developed at the general education level in 10 public
schools olrbilisi and l0 public schools of9 regions of'Georgia respecrively with the support ol
the Government of Norway. After the completion ol the pilot project in 2012, introduction of
inclusive education and promotion ofan elfective educational process for children with the SEN
became compulsory for all public schools.
According to Paragraphs 2 and 3 of Article 9 of the Law of Georgia on General Education, all
children have the equal right to receive full general education. Receiving primary and basic
education is compulsory. Individual curriculum and/or additional program is developed based on
the National curriculum for the children with Special Educational Needs (SEN). The State
ensures to finance the studies of SEN schoolchildren. Such programs and curriculum support
SEN children in the process ol integration with society. National curriculum also envisages
modiflcation ol the curricula with the needs o1'SEN schoolchildren. ln compliance with the
paragraph 5 of Article 6 ofthe Law on Georgia on ceneral Education, SEN children, who have
dropped classes for some reasons, have the right to be enrolled in the respective grade (maximum
two grades lower) or continue their studies in extemship form, without taking exams, based on
the report of'the inclusive education multidisciplinary team.
In accordancc with Subparagraph "h" ol Paragraph 2 ol Article 3 of the Larv ol Ceorgia on
ceneral Education, the state ensures provision of inclusive education. Based on subparagraph
"m" of paragraph I of Article 26 of the mentioned law, the Ministry of Education, in compliance
with the respective legislation in the domain ol general education, the state undertakes to
develop mechanisms for identification of children with Special Educational Needs (SEN), as
well as rules ol introduction, implementation and monitoring of.inclusive education. It should be
highlighted that, the school is entitled to provide adequate and respective learning environment
in order to support inclusive education. lnclusive education multidisciplinary team has been set
up in the Ministry of Education to assist schools in the evalualion of learning needs of SEN
schoolchildren and selecting adequate form of leaming/teaching lor them. paragraph I of the
Article 7 ol the same law states that all schoolchildren (including SEN schoolchildren) have the
right to receive general education in state or native language in the educational institutions near
to their places of residence. The same law (paragraph 7 of'the Article l3) also guarantees that the
schools protect the rights of ethnic minorities schoolchildren to lreely use and retain their narive
language.
In accordance with national curriculum approved by the Order of the Minister of Education and
Science of Georgia (2616, ll March, 20ll), SEN schoolchildren are in need of additional/
special service to be engaged in sports subject group program. The mentioned service includes
evaluation of abilities and needs of SEN Pupils, modification of national curriculum,
development of individual curriculum, etc). The school is obliged to support engagement ol SEN
schoolchildren in the sports and physical activities.
t5
According to the Decree N05N. dated January 6. 2012 ol'the Minister olEducation and Science
ol Ceorgia on the Enrolment of Students in the Institutions of General Education and
Termination of the status of a Student, a child shall be registered as a student in a public school
by the parent or his/her legal representative. on the basis of a lorm filled out by the parent or
his/her legal representative, multidisciplinary team defines special educational needs of a child
by applying the relevant evaluation instruments. Based on the expert opinion and
recommendations of the m u ltidisc iplinary team, a teacher creates individual educational plan for
the student.
Furthermore, in conformity with the Decree N9 of the Govemment of Georgia, dated January 29,
2013, schools, where students with SEN (Special Educational Needs) receive education, are
provided with additional funding to support inclusive education. It should be underscored that at
the general education level the statistics on students with SEN have been collected since 2013.
According to the data, in 2013, 3366 students with SEN were enrolled in an education process,
while in 2014 there were 3898 students, and in 2015 - 5268 students received education in public
schools (3339 boys and 1929 girls).
As ol March 2016, 1372 special teachers are engaged in the process ol inclusive education at the
general education level. Moreover, in order to provide access to general education, 54 students
with SEN are provided transport services in line with the Decree of the Minister of Education
and Science on ensuring transportation for School Students.
In 2015 Tbilisi City Hall procured 2 adapted vehicles serving those public schools where wheel
chaired students study. In the context of adaptation to physical environment of schools, since
2014, construction of new buildings and rehabilitation projects olthe existing ones have been in
progress in compliance with the Decree N4l, dated January 6,2014 of the Government of
Georgia on Regulation on Arrangement of Space, Architectural and planning of rechnical
Elements for Persons with Disabilities. As oftoday,764 schools have access ramps,97 schools
have adapted restrooms and 8 public schools use elevators.
Belore 2012, l4 special schools with difl-erent disabilities lunctioned in the educational system
of ceorgia. ln 2012,6 special schools were closed and other 8 specialized schools were reestablished as public schools in accordance with the Decree N448 of the Minister of Education
and Science of September 15,2005, which provides funding envisaged by the programme for
Boarding part of the special schools. Four of the above mentioned schools serve to students with
intellectual disorders, I lbr students with visual impairments,2 with hearing impairments and I
for students with behavioral and emotional disorders. ln 2007,627 students with special
educational needs studied in the specialized schools, while in 2015 there were 449 students.
Considering dillerent needs of students with special educational needs. within the fiames of the
Program on Funding of Integrated classes in Public Schools, adopted by the Decree N57, dated
lanuaty 26,2013, the additional services in the form of integrated classes were established for
students with spectrum of autistic disorder, hearing impairments and multiple disorders. As of
2015 data,9 integrated classes are functioning in different public schools: I fbr students with
16
hcaring impairmcnts, l for students with multiplc disordcrs,6 for students with thc spectrum of
autistic disordcr and l in thc ccntral chndrcn's hospital for studcnts suffcring n「 。ln lcukcmia lt
should bc undcrlincd that an altcrnativc lilnctioning curriculum is going through piloting 6or
studcnts with intcncctual,multilatcral and scnsory disordcrs(hcaring and cycsight)
A spccial tcachcr profcssional standard is adopted by the Decrcc N 1014 of thc Ministcr Of
Education and Science of Gcorgia,datcd November 21,2008 The National Center for Tcachcr
Profcssional Developmcnt introduces Bra‖ le system teaching methodology for tcachcrs to tcach
studcnts w
h visual impairments
oricntation and mcthodolog〉
Furthcrmorc, a modulc liDr training ibr thc mobilly
lor tcaching o「 blind studcnts have bccn claboratcd as thc sign
languagc tcaching coursc for thc teachcrs and parcnts lt should bc undcrscorcd that a spccial
tcachcrヽ 4astcr's Degrcc Program was cstablishcd in llia State Univcrsity in 2013
Bcforc 2007, thc sign languagc was not uscd in an cducational prOccss in Ceorgia, whnc thc
vaS 10Cuscd solcly on thc dcvclopmcnt of the spccch of thc studcnts ln
cducational proccss 、
vith thc support of the Government oF Nor、 vay and thc Unitcd Statcs, thc dcta‖ cd
2014, 、
proccssing of the sign languagc dcvelopment has bccn launchcd
Gcorgian sign language,an acccss to the web―
site―
For thc dcvclopmcnt of
has been grantcd by thc
Govcrnment of Nor、 vay to the Gcorgian sidc For the development of thc Gcorgian sign
languagc, a Gcorgian dactyl was crcatcd as a rcsult of coopcration bctwccn thc ヽ4inistry of
Education and Scicnce, Gcorgian Union of DeaF Pcoplc and llia Statc Univcrsity Morcovcr,
printing of the Brallle school text books for students with visual impairmcnts、vas launchcd in
2013 For 2015‐ 2016 academic years,a‖ blind students arc prOvidcd、 vith Brainc text books,as
、
vc‖ as、 vith the applicable educational resources on thc basic lcvcl of education ln 2015‐
2016
acadcmic ycars,thrcc blind studcnts wcrc givcn an oppoltunity 6or thc rlrst timc to study in a
public school instcad ora boarding school Thc studcnts arc providcd with applicablc cducational
rcsourccs and spccialists
ln 2015,on the initiative ofthe Ministry of Education and Science of Georgia,、 vith thc flnancial
support ofthc EU and thc assistancc of a Non‐ Governmcnta1 0rganizalon‖ DEA・ (Association
of Disablcd Women and Mothcrs of Disablcd Childrcn)a mon10‖
、
cducation 、
'as claboratcd Thc instrumcnt is bascd on a unil‐
ng instrumcntお r thc inclusivc
cd cducational monitoring systcm
model, dcvclopcd 6or thc prc― school, gcncral, vocational and highcr cducation lcvcls by
Europcan Agcncy for Developmcnt in Special Needs Education(EADSNE)A program for the
monitoring of introduction ofthe inclusive education、 vas adoptcd by thc Dccrcc N31 ofJanuary
20,2016 ofthe Minister ofEducation and Scicncc ofGeorgia Thc abovc mcntioncd instrument
is schcdulcd to bccomc opcrational at thc basic,as wcn as vocational cducation lcvcl lbr 2016
Thc Law of Gcorgia on Spccial Vocational Education and Training docs not rccognizc pcrsons
vith special necds On thc othcr hand, a group with spccial
with disab‖ ities as a group 、
cducational nccds and pcrsons、 vith disab‖ itics is listcd as onc ofthc targct groups in thc Stratcgy
of Vocational Education Rcbrm for 2013‑2020
17
In 2013, to support of inclusive education and equal opportunities for the development of
vocational education for persons with special needs in the system of vocational education, the
Ministry of Education and Science of Georgia with the support of the Government of Norway
launched a project on Development of Inclusive Education in the System of Vocational
Education and Training of Georgia. After passing examinations, the State gives to the university
enrollees the opporlunity of fiee education at the vocational training level. In case of the
enrollees with SEN, a multidisciplinary group deflnes special educational needs. As a result, the
enrollee with SEN can choose three different professions and enlist in the applicable one on the
basis of his/her interests and abilities.
For introducing the individual methods of approach during the educational process of students
with Special Educational Needs (SEN). a special entry was made in the professional modules textbook for the Education Methodology. According to it, vocational education level teacher is
authorized to adapt an educational process, if necessary. Within the scope of the Program on
Development of Inclusive Education in the System of Vocational Education and Training of
Georgia, adopted by the Decree N3l of January 20, 2016 of the Minister of Education and
Science of Ceorgia, all students are provided with the service of relevant specialists based on
their individual needs. In particular, services provided include the service of sign interpreters for
students with hearing impairments; service of the trainers tbr mobility and orientation tbr the
students with impaired vision; service of the special assistants (laboratory assistants) and
assistants for the transport means for the students with the intellectual and/or difficult physical
disabilities.
Special guidelines have been elaborated for the development of specialists involved in the
inclusive vocational education. The guidelines reflect a common vision and recommendations on
organization of the educational process for the students with SEN. In 2015, adaptation to
physical environment, based on the universal design principles, has been launched in 5 state
vocational training schools out of 21. According to the data tbr 2013-2015,426 students with
Special Educational Needs (SEN) are enrolled in the vocational education stage.
c. Strengthening lhe General Education within the Penitentiary Establishments
In line with the Constitution of Georgia and Law of Georgia on General Education, the state is
obliged to ensure the openness of general education and access to continuous education fbr all
children and adults, To fulfrll this obligation, the Ministry of Education and Science of Ceorgia
(hereinafter- the Ministry of Education) implements strengthening the Ceneral Education within
the Penitentiary Establishments of Georgia. In particular, the programme focuses on the
provision of opportunities of getting general education in compliance with the national
cuniculum, within the llthJuvenile Penitentiary Rehabilitation Establishment and Women's and
5'h Juvenile Open and Semi-Open Penitentiary Establishment.
Within the framework of the project alljuvenile convicts fiom the above-mentioned penitentiary
establishments are given an opportunity to study all necessary subjects so that they can continue
their studies at any farther level of education after being released from the prison and/ or
00
transferred to special penitentiary establishments. It should be also emphasized that, ensuring
access to education for juvenile convicts plays an important role in achieving juveniles'
rehabilitation, re-socialisation and their return as f'ull members ofthe society.
ln compliance with the criminal legislation of Georgia, the accused and convicted persons have
the right to receive general and vocational education. These persons get education in accordance
with the rule approved by the joint Order ofl the Minister of Corrections and Legal Assistance
and Minister of Education and Science ol'ceorgia. It shall be highlighted that provision of
primary and basic education is obligatorl fbr juvenile convicts/accused persons. In legal
corrections establishments, provision of general education is administrated through the program
approved by Ministry of Education and Science. Additionally, legal conections establishments
are obliged to provide necessary environment for receiving vocational education as well. While
providing vocational education, prelerences are given to those professions/vocations acquiring ol
which are suitable to the environment and conditions ol legal corrections institutions.
In compliance with the Program of "Strengthening Access to Vocational Education fbr
inmates/convicts (inmates of penitentiary establishments, freedom restricted persons, parolees
and probationers) in 2016 short-term vocational educational programs became accessible for
them. Short-term vocational education programs for parolees and probationers, available in
Vocational Colleges "Prestige" and "Horizonti" (Horizon) are as follow: Computer Network and
System Technician and Tractor Operator. Besides, short+erm vocational educational programs
are provided at the fbllowing penitentiary establishments: Ns2, l.Iq3, Iles, Ns8, Nsl l, M2, Nql4,
Nql5, Nel6, Nl7. They include: lnformation Technology Support Specialist, Hotel specialist,
Guide, Graphic Designer, Installation- configuration ofthe Operational System, Tour operator,
as well as the programs as fbllow: Ceorgian Language, English language, Cerman language;
Access (Data base Management Program), Olfice programs, theoretical Course of Driving
License, Small Business Management, Web-Designer and etc.
d. Safe ty ofeducational institutions
Pursuant to Article 20 of the Law, of Georgia on General Education, violence at school is
prohibited. In case of physical and/or verbal abuse, a school is obliged to respond to it... The
same law also defines that any disciplinary measures shall be consistent with the child's human
dignity.
1275 Resource Officers -"Mandaturies" ensure the safety of the educational institution and its
territory promptly react on all occurred and identified violations of'school order. l'he prevention
of'violation has become one of the main f'unctions of the Resource Ofllcers.
It is worth to underline the role of Resource Officers as mediators between opposing
pupils/students, who detects and solves conflicts. Resource Officers independently or in
cooperation with school administration insure the protection olorder and discipline on the school
territory.
e. Psychological seryice centers at Educational Inslilulions
19
Since April 2013 psychological service centers have been functioning under the auspices ol
LEPL Office ol Resource Oftlcers of Educational Institutions in 7 cities of Ceorgia (centers are
located in Tbilisi, Kutaisi, Telavi, Batumi, Gori, poti and Rustavi). The multidisciplinary ream,
comprising child psychiatrist, social workers and psychologists provide psychological
assessment and treatment ol'children and adolescents with emotional and behavioral dif'ficulties
regardless their nationality, ethnic or religious background including those juveniles (children,
minors) who are victims of domestic violence. Professionals are providing short-term and longterm interventions with children and their parents as individuals or in groups; The
mu ltidisciplinary team works alongside other professionals in order to plan how best to help a
child and the child's family, for example in schools and child prorection agencies. Psychologists
and social workers ol the LEPL Otllce of Resource Oflicer of'Educational Institutions of}'er
training and consultation to profbssionals who work with children, including school resource
offlcers, school principals, teachers erc.
f . Vocational Counseling
The development of publicly available lif'elong vocational counseling and career planning
service in Georgia is ourlined by rhe Decree of the covernmenr ol ceorgia #721 (26rh of
December,20l4), as well as the Action Plan on its implemenlation for 2015-zol],. Their longterm objectives are the following: all persons in Georgia, those already having acquired a
profession, or still studying and those employed or unemployed, regardless of their status are
entitled to high quality information and services concerning professional orientation and career
guidance. In the light of the principle olthe Protocol to the convention on the Rights of the
child on the lnvolvement of children in Armed Conflict, the right of children to have equal
access to vocational education and programs is fully protected and guaranteed.
ln addition, under the Technical Assistance to vET and Employment Reforms in ceorgia
ELjVECE Project, Handbook lor Career Guidance is prepared. The main aim olthe handbook is
to provide Career Guidance Staff with a theoretical framework, the expected results and step by
step process of career guidance. Under EUVECE Project, additional reading material for Career
Guidance, Manual of Procedures for career counsellors is also developed. The guideline is
comprehensive and contains six sections. The guideline provides an information on the following
issues: introduction to career guidance and the role of the career counsellor. the process and
techniques fbr career education and guidance to show how individuals can develop selt'awareness and how to identily work or training fbr which they are most suited, an overview of
the labor market information, a step by step guide to successful interviewing, also it looks at the
way in which the career guidance process can be adapted for use with a variety of clients and the
Iast section gives an overview of the evaluation process that needs to be in place to enable
organizations to plan, deliver and evaluate a careers guidance process fbr the benefit ol its
c lients.
Separate unit of Professional orientation and career planning has been operating as a part of
office of Resource olficers of Educational Institutions (Mandaturi) under the Ministry ol
Education. Main task of this division is to develop methodology for implementing professional
20
orientation and career planning programs at public schools in Georgia. one of the functions of
the mentioned units, among others, is to inform the stakeholders on the conditions and funding of
the available vocational educational programs at vocational educational institutions and consult
them on the choice of vocations and professions. The activities ol the division are aimed at
improving access to the vocational education and training. Any interested person, including
children from minority and indigenous groups, children with disabilities, refugee and migrant
children, street children, parentless children including girls and children with special needs have
access to this inlbrmation and are lree to use the service of,the unit. In the light olthe principle
olthe Protocol to the Convention on the Rights ofthe Child on the Involvement olChildren in
Armed Conflict, the right ofchildren to have equal access to vocational education and programs
is fully protected and guaranteed.
In 2013 the Office ofResource Officers ofEducational Institutions started implementation ofthe
initiative ot'the Ministry o{'Education and Science of'Georgia: the program ol' "prof'essional
Orientation and Career Planning". Particularly, the consulrants, who will be involved in the
program, were selected and trained, coordination and monitoring of their activities were
provided. The goal ol program is to assist pupil of 96 -llth grade in adequate evaluation and
development of their opportunities in career choice and prepare them for future employment and
selfl-employment.
Selected prof'-orientation specialists and coordinators have been trained in the lbllowing
modules:
o Age peculiarities ofteenager
o Eflectivecommunication
o Skills of'management
o Professionalorientation
All specialist of professional orientation will have the obligation to research the market to create
database of vocational/h igher institutions and employment/sightseeing opportunities of their
region. The program has been started from January 2014.
g. Programs implemented wilh respecl to Occupied Territories
The Ministry of Education and Science has been implementing Subprogram Training of
Teachers and Preparation of the Entrants for the Unified National Exams Residing in Gali
District which aims at increasing an access to a f'ull general education in compliance with the
Georgian legislation, fbr the teachers and school students residing on the occupied territory of
Abkhazia, Georgia.
within the framework of the mentioned subprogram, National Examinations center under the
Ministry of Education, informs / provides instruction to Gali district teachers in the following
subjects: Ceorgian language and literature. Russian Language, History, Geography,
Mathematics. General Ability. English. Biology and chemistry, which rvas added in 2016.
Duration ofthe program is 3 months. During this period, Gali district teachers provide additional
つ4
instruction to Gali district schoolchildren in the above mentioned subjects. To get well prepared
fbr the unifled national examinations, entrants and teachers are provided with the relevant
teaching and learning materials free of charge.
The Ministry of Education implements "Summer School Subprogramme". Under it 30
schoolchildren represented by the Ministry of Education of the Autonomous Republic of
Abkhazia and l0 schoolchildren represented by the Administration of South Ossetia take part in
the English language summer school.
In 2015, Abkhazian and Georgian teachers, as well as teachers residing Gali (a total of 30
teachers) were involved in the project "lmproving Pedagogical Practice together". The project is
financed by confidence-building division of the Council of Europe and is implemented by
National Center for Teacher Professional Development and NGO "lnstitute fbr the Study of
Nationalism and Confl icts".
In 2015, trainings were provided to 66 teachers from public schools located in the occupied
territories of Georgia (South Ossetia and Abkhazia) by the National Center lor Teacher
Prof'essional Development (Teacher's House) in Tbilisi and Zugdidi. The teachers undefiook
prof.essional development trainings in ditferent subjects: Mathematics, Biology, Physics, Primary
Education, Georgian Language and Literature, Russian Language, History. During the training
teachers were provided with training materials and educational resources published by the center.
The trainings were organized fbr bigger groups of teachers (up to 200 teachers were invited to
participate). but Russian occupation lorces prevented them from crossing the border. In general,
the teachers have to hide the fact that they arrive in Tbilisi to participate in teacher training
programmes.
National Center for Teacher Professional Development (TPDC), a LEPL under the Ministry of
Education, strives to ensure provision of equal access to all school children. The center provides
various services such as trainings, master classes, seminars, conf.erences for school teachers.
TPDC regularly provides teachers living in the occupied territories with various recourses, such
as publications. In 2016, TPDC in cooperation with The Ministry of Education provided
internally displaced women association "Tanadgoma" with subjective model lessons to
disseminate among Gali high school teachers.
VII. International Assistance and Cooperation
Georgia has in place comprehensive mechanism for international judicial co-operation in
criminal matters. International Cooperation in Criminal Matters Act 2010 (ICCMA) providesthe
main legal fiamework fbr judicial co-operation. According to the ICCMA international cooperation is provided based on the international treaty of Georgia. However, in case of the
absence of such treaty, Georgia is able to provide Mutual Legal Assistance (MLA) based on ad
hoc agreement or on the principle of reciprocity, in case of extradition - based on an ad hoc
agreement,
つ 4
つ4
Georgia is a party to a considerable number of international conventions on the basis of which it
effectively co-operates in the field of Mutual Legal Assistance and extradition with respective
foreign states. Main internationaljudicial co-operation treaties to which Ceorgia is a party are as
follows:
o European Convention on Extradition (Paris, 13.XII.1957);
o Additional Protocolto the European Convention on Extradition (Strasbourg, 15.X.1975);
o Second Additional Protocol to the European Convention on Extradition (Strasbourg,
l7.rrr. r978);
o European Convention on Mutual Assistance in Criminal Matters (Strasbourg,
o 20.IV.1959);
o Additional Protocol to the European Convention on Mutual Assistance in Criminal
Matters (Strasbourg, l7.l I 1.1978);
o Second Additional Protocol to the European Convention on Mutual Assistance in
o
Criminal Matters (Strasbourg, 8.XI.200 I );
European Convention on the International Validity of Criminal Judgments (The Hague,
28.V. r 970);
o Convention on Legal Assistance and Legal Relations in Civil, Family and Criminal
Matters (Minsk, 22.1 .1993).
ICCMA (lnternational Cooperation in Criminal Matters Act) lists widely accepted preconditions
for extraditions: dual criminality, minimum punishment of at least one year, extradition for only
non-statute barred offences, non-extradition pursuant to non-refoulement obligations (risk of
torture, flagrant denial of right to the deprivation of liberty and security and fair trial and/or
persecution under l95l Ceneva Convention on the Status of Refugees), non-extradition fbr
political of'fences.
Where extradition is denied owing to non-refoulement obligation, Georgia undertakes to
prosecute such offences if those offences fall under the jurisdiction of Georgia.
Georgia makes all the offences referred to in the Optional Protocol to the Convention on the
Rights of the Child on the Involvement of Children in Armed Conflict extraditable as far as the
offbnces in question are punishable under Georgian law with a requisite minimum penalty.
Throughout the reporting period, no Mutual Legal Assistance or extradition request has been
transmitted or received in relation to the offences referred to in the Optional Protocol.
Throughout the reporting period there have been no investigations, prosecutions and respective
judicial practice in Georgia concerning the crimes referred to in the Optional Protocol.
23