Georgia
NAP Development Process
Status
Georgia has a chapter on business and human rights within a broader human rights national action plan.
In March 2018 the Georgian Human Rights NAP 2018-20 was published. This includes a specific and detailed chapter on Business and Human Rights, which is incorporated within the broader Human Rights NAP rather than as a stand-alone NAP.
Georgia has initiated consultations with the NGO sector and the Public Defender (Ombudsman) of Georgia to create a 2nd NAP. There is an ongoing process to develop the draft document.
Process
The 2016-2017 Governmental Human Rights Action Plan, published on June 13, 2016 included a brief chapter on Business and Human rights. This chapter included a commitment to developing a “comprehensive Action plan on business and human rights 2018-20” and to undertaking a national baseline assessment (NBA), raise awareness of corporate social responsibility, business and human rights, and ensure the participation of stakeholders in the development of corporate social responsibility.
An NBA was undertaken by three partners; the Georgian Government’s Human Rights Secretariat, the Georgian National Human Rights Institution – the Public Defender of Georgia, and a local NGO – the Civil Development Agency (CiDA). The Georgian NBA was published in December 2017 (available in English and Georgian).
It was decided to include a specific and detailed chapter on business and human rights within the overarching Human Rights NAP 2018-20. This chapter was informed by the NBA and developed by the Human Rights Secretariat in conjunction with a range of Government ministries, following consultation with stakeholders. This NAP was adopted by Parliament in March 2018.
Stakeholder Participation
In the process of elaborating the NBA, three stakeholder consultations were held with representatives of the civil service, business, and civil society organisations. A further meeting was organised in Adjara with civil service representatives. All participants were provided with a draft of the NBA and were given an opportunity to present their remarks and commentary. After receiving and acting upon responses, the coordination group, together with the support of partner organisations presented the results of the NBA on the 4th December 2017.
National Baseline Assessment (NBA)
• Published in December 2017 (available in English and Georgian).
• Commissioned by the State to inform the development of an inaugural BHR NAP. A National Action Plan on Human Rights, which includes the BHR NAP as a specific chapter, was published in 2018.
• Conducted by multiple stakeholders: an informal collation of the Human Rights Secretariat of the Government of Georgia, the Public Defender’s Office and the NGO Civil Development Agency (CIDA) with financial and technical support from the DIHR.
• Utilised the DIHR/ ICAR National Baseline Assessment Template. Based on desktop research and stakeholder consultations. Contains recommendations.
In the process of elaborating the NBA, three stakeholder consultations were held with representatives of the civil service, business, and civil society organisations. A further meeting was organised in Adjara with civil service representatives. All participants were provided with a draft of the NBA and were given an opportunity to present their remarks and commentary. After receiving and acting upon responses, the coordination group, together with the support of partner organisations presented the results of the NBA on the 4th December 2017.
Follow-up, monitoring, reporting and review
The implementation of the Human Rights Action Plan is monitored by the ministerial level Human Rights Council chaired by the Prime Minister established in July 2014. Progress reports are also submitted to Parliament.
In February 2019 the Human Rights Secretariat of the Administration announced it would revise the chapter on business and human rights in order to improve its quality. In a response to a request for information the Secretariat stated:
“Responsible agencies together with international and non-governmental organizations are involved in this process. In order to discuss and finalize prepared amendments for this chapter three-day workshop is planned on 25-27 of February with the initiative of the Human Rights Secretariat and with the support of ILO. The theme of the workshop is “Responsible Business conduct: The approach of the MNE Declaration and role of Government to advance responsible labour practices” and the representatives of international organizations and governmental agencies will attend it. It should be also highlighted that the aim of the workshop is to define such institutional mechanism that will function under the Human Rights Council and will effectively coordinate the implementation process of the Business and Human Rights Chapter.”
Stakeholders views and analysis on the NAP
In April 2019, members of the United Nations Working Group on Business and Human Rights visited Georgia. A central theme in their meetings with government officials, businesses, civil society organizations and community members was the legacy of a decade of deregulation, and the need for a new approach compatible with the Sustainable Development Goals (SDGs) and human rights protection. To read the Working Group’s initial observations from the visit, see the mission statement on OHCHR.
On July 17, 2020, the Public Defender of Georgia wrote to the Prime Minister of Georgia in light of the report prepared by the UN Working Group on the issue of human rights and transnational corporations and other business enterprises. The Public Defender expressed her concern about the low rate of fulfilment of obligations under the human rights action plan, noting the importance for relevant agencies to take action before the expiration of the term of the action plan. The Public Defender also noted that in the process of developing a future plan, the working group should take into account that the current action plan does not fully cover all the issues referred to in the UN Guiding Principles on Business and Human Rights and the National Baseline Study, including around remedy. More information on the Public Defender’s letter to the Prime Minister is available here.
Explore NAP by Issue
There is no mention of children’s rights in the Business and Human Rights Chapter of the Georgian Human Rights NAP. There is no mention of conflict-affected areas in the Business and Human Rights Chapter of the Georgian Human Rights NAP. Objective 25.9.1: Ensure accordance between construction legislation and human rights protection standards (including standards ensuring adaptive environment for persons with disabilities). Objective indicator: Prepared and initiated to the Parliament of Georgia project of “Georgian code of Construction and Spatial Planning”. Activity: Initiating package of amendments in construction legislation. Responsible agency: Human Rights Secretariat of the Administration of the Government; Ministry of Economy and sustainable development of Georgia. No partnership agency. Objective 25.10.1: Monitoring of the implementation of the provisions of Spatial Planning and Construction Legislation. Objective indicator: Prepared and initiated to the Parliament of Georgia project of “Georgian Code of Spatial Planning and Construction”. Activity: Initiating respective legislative amendments. Responsible agency: Ministry of Economy and sustainable development of Georgia. No partnership agency. Objective indicator: Existence of document assessing influence on market of concrete area before introducing every concrete regulation. Activities: Responsible agency: Government of Georgia, The office of the Business Ombudsman of Georgia. Partnership agency: Business sector; Global compact Georgia; CIDA. Objective indicator: Analytical document of existing situation through experts’ involvement. Activities: Responsible agency: Administration of the Government of Georgia. No partnership agency. Objective indicator: Elaborated legislative amendments package. Activity: Researching mechanism of probable promotion concerning corporate social responsibility, including the principle of strengthening women. Responsible agency: Ministry of Economy and sustainable development of Georgia in cooperation with parliament. No partnership agency. There is no mention of corruption in the Business and Human Rights Chapter of the Georgian Human Rights NAP. Objective indicator: Presentation of the communicative strategy. Activity: Elaborating effective communication strategy concerning personal data protection, women strengthening and standards of human rights protection. No responsible agency. Partnership agency: Stratcom. There is no mention of development finance institutions in the Business and Human Rights Chapter of the Georgian Human Rights NAP. Objective indicator: Presentation of research results. Activity: Searching finest practice in business sector, in terms of environment protection and strengthening women economically and conducting respective research. Responsible agency: Human Rights Secretariat of the Administration of the Government. No partnership agency. Objective indicator: Number of conducted trainings. Activity: Ensuring that trainings are conducted on the principles of strengthening women and environment protection issues. Responsible agency: Human Rights Secretariat of the Administration of the Government. Partnership agency: Inter-agency Commission working on the issues of Gender Equality, Violence against Women and Domestic Violence. Objective indicator: Analytical document of existing situation through experts’ involvement. Activities: Responsible agency: Administration of the Government of Georgia. No partnership agency. There is no mention of export credit in the Business and Human Rights Chapter of the Georgian Human Rights NAP. There is no mention of extractive sectors in the Business and Human Rights Chapter of the Georgian Human Rights NAP. There is no mention of extraterritorial jurisdiction in the Business and Human Rights Chapter of the Georgian Human Rights NAP. There is no mention of the finance and banking sector in the Business and Human Rights Chapter of the Georgian Human Rights NAP. The Georgian NAP does not make a direct or explicit reference to the Fisheries and Aquaculture sectors. There is no mention of forced labour and modern slavery in the Business and Human Rights Chapter of the Georgian Human Rights NAP. There is no mention of freedom of association in the Business and Human Rights Chapter of the Georgian Human Rights NAP. The Georgian NAP does not make a direct reference to the Garment sector. Objective indicator: Assessment and analytical document of the state policy document; number of development mechanisms. Activities: Responsible agency: MINISTRY OF ECONOMY AND SUSTAINABLE DEVELOPMENT OF GEORGIA Partnership agency: CIDA; Global compact Georgia AND OTHER NON-GOVERNMENTAL ORGANISATIONS. LEPL ‘ENTERPRISE GEORGIA’. LEPL ”GEORGIA’S INNOVATIONS & TECHNOLOGY AGENCY”. Objective indicator: Elaborated legislative amendments package. Activity: Researching mechanism of probable promotion concerning corporate social responsibility, including the principle of strengthening women. Responsible agency: Ministry of Economy and sustainable development of Georgia in cooperation with parliament. No partnership agency. Objective indicator: Presentation of research results. Activity: Searching finest practice in business sector, in terms of environment protection and strengthening women economically and conducting respective research. Responsible agency: Human Rights Secretariat of the Administration of the Government. No partnership agency. Objective indicator: Presentation of the communicative strategy. Activity: Elaborating effective communication strategy concerning personal data protection, women strengthening and standards of human rights protection. No responsible agency. Partnership agency: Stratcom. Objective indicator: Conducted respective informational campaign. Activity: Conducting informational campaign for employees of companies belonging to state property regarding human rights protection, including strengthening women economically. Responsible agency: Human Rights Secretariat of the Administration of the Government. No partnership agency. Objective indicator: Prepared amendments according to the finest international practice. Activity: Seeking best international practice about human rights protection issues during state procurement process. Responsible agency: Human Rights Secretariat of the Administration of the Government; Ministry of Economy and sustainable development of Georgia. No partnership agency. Objective indicator: Number of conducted trainings. Activity: Ensuring that trainings are conducted on the principles of strengthening women and environment protection issues. Responsible agency: Human Rights Secretariat of the Administration of the Government. Partnership agency: Inter-agency Commission working on the issues of Gender Equality, Violence against Women and Domestic Violence. Objective indicator: Number of conducted trainings. Activity: Training public servants including in terms of strengthening women economically; Using already existing module about the principle of strengthening women economically. Responsible agency: Civil Service Bureau. No artnership agency. Objective indicators: 1) Existence of strategic document popularising entrepreneurship education within society. Activity: Creating expert group and managing working group. Responsible agency: Ministry of Economy and sustainable development of Georgia. 2) Elaborating studying programmes for entrepreneurship education at educational institutions, especially for every stage of general education and number of their introduction. Activity: Creating educational programmes and introducing them into establishments. Responsible agency: Ministry of Economy and sustainable development of Georgia. 3) Number of mechanisms implemented at pre-school and general educational studying stage and instruments elaborating professional orientation. Activity: Creating respective effective instruments and integrating them into educational programmes. Responsible agency: Ministry of Education and Science of Georgia; Ministry of Regional Development and Infrastructure of Georgia. 4) Number of informational materials carrying concrete forms and content for informational guarantee. Activity: Ensuring informational support regarding regulations during registration process for subjects of entrepreneurship. Responsible agency: Ministry of Justice of Georgia; Ministry of Economy and sustainable development of Georgia. 5) Number of mechanisms for popularisation of entrepreneurship education among society within state project. Activity: Adding/improving mechanisms for popularisation of entrepreneurship into existing state programmes with the aim to support citizen’s entrepreneurship initiatives. Responsible agency: Ministry of Economy and sustainable development of Georgia.Partnership agencies: CIDA; Global Compact Georgia AND OTHER NON-GOVERNMENTAL ORGANISATIONS. LEPL ” ENTERPRISE GEORGIA”. LEPL ” GEORGIA’S INNOVATIONS & TECHNOLOGY AGENCY”. Objective indicator: Number of conducted trainings; Number of meetings conducted with the aim to carry out informational campaign. Activity: Ensuring informational campaign and awareness rising concerning business and human rights protection. Responsible agency: Human Rights Secretariat of the Administration of the Government; Ministry of Economy and sustainable development of Georgia. Partnership agency: Georgian Employers Association. Objective indicator: Presentation of research results. Activity: Searching finest practice in business sector, in terms of environment protection and strengthening women economically and conducting respective research. Responsible agency: Human Rights Secretariat of the Administration of the Government. No partnership agency. Objective indicator: Presentation of the communicative strategy. Activity: Elaborating effective communication strategy concerning personal data protection, women strengthening and standards of human rights protection. No responsible agency. Partnership agency: Stratcom. Objective indicator: Conducted respective informational campaign. Activity: Conducting informational campaign for employees of companies belonging to state property regarding human rights protection, including strengthening women economically. Responsible agency: Human Rights Secretariat of the Administration of the Government. No partnership agency. Objective indicator: Conducted respective research; number of retrained members of staff. Activity: Conducting respective research and trainings. Responsible agency: Human Rights Secretariat of the Administration of the Government. Partnership agency: Office of Public Defender. Objective indicator: Number of conducted trainings. Activity: Ensuring that trainings are conducted on the principles of strengthening women and environment protection issues. Responsible agency: Human Rights Secretariat of the Administration of the Government. Partnership agency: Inter-agency Commission working on the issues of Gender Equality, Violence against Women and Domestic Violence. Objective indicator: Defined responsible body; number of conducted trainings and working meetings. Activities: Responsible agency: Human Rights Secretariat of the Administration of the Government. No partnership agency. Objective indicator: Conducted informational campaign. Activity: Carrying out informational campaign concerning legal risks assessment for companies with the aim to raise awareness. Responsible agency: Respective thematic working sub-groups. No partnership agency. The Georgian NAP does not make an explicit reference to health and social care. Objective indicator: Prepared respective research based on the analysis of the finest practice. Activity: Researching finest practice in private sector concerning the guarantees of protection for denunciators and analysing current situation. Responsible agency: Ministry of Justice of Georgia. No partnership agency. There is no explicit mention of human rights due diligence in the Business and Human Rights Chapter of the Georgian Human Rights NAP. There is no mention of human rights impact assessments in the Business and Human Rights Chapter of the Georgian Human Rights NAP. There is no mention of information and communications technology (ICT) and the electronics sector in the Business and Human Rights Chapter of the Georgian Human Rights NAP. There is no mention of indigenous peoples in the Business and Human Rights Chapter of the Georgian Human Rights NAP. Objective indicator: Number of meetings; Elaborated legislative amendments package. Activity: Arranging consulting appointments with large companies’ representatives and sharing finest experience. Responsible agency: Ministry of Economy and sustainable development of Georgia. Partnership agency: Georgian Employers Association. Read more about Investment treaties & investor-state dispute settlements Objective indicator: Number of conducted trainings. Activity: Defining target groups for trainings and conducting respective trainings. No responsible agency. Partnership agency: High Council of Justice; Office of Public Defender. Objective indicator: Defined responsible person. Activity: Working on the issue of defining responsible person with the aim to strengthen high standards containing mechanism, including out-of-court appeal. Responsible agency: Human Rights Secretariat of the Administration of the Government. No partnership agency. There is no mention of land in the Business and Human Rights Chapter of the Georgian Human Rights NAP. Objective indicator: Number of respective trainings and meetings. Activity: Conducting awareness rising trainings and informational meetings about accessible services for migrant workers and their family members. Responsible agency: Human Rights Secretariat of the Administration of the Government; Ministry of Economy and sustainable development of Georgia. No partnership agency. There is no mention of National Human Rights Institutions (NHRIs)/ Ombudspersons in the Business and Human Rights Chapter of the Georgian Human Rights NAP. Read more about National Human Rights Institutions/ Ombudspersons There is no mention of non-financial reporting in the Business and Human Rights Chapter of the Georgian Human Rights NAP. There is no mention of non-judicial grievance mechanisms in the Business and Human Rights Chapter of the Georgian Human Rights NAP. There is no mention of OECD National Contact Points (NCPs) in the Business and Human Rights Chapter of the Georgian Human Rights NAP. Objective indicator: Prepared and initiated to the Parliament of Georgia project of “Georgian code of Construction and Spatial Planning”. Activity: Initiating package of amendments in construction legislation. Responsible agency: Human Rights Secretariat of the Administration of the Government; Ministry of Economy and sustainable development of Georgia. No partnership agency. Objective indicator: National legislation brought into accordance. Activity: Bringing national legislation in accordance with additional minutes of international convention. Responsible agency: Ministry of Economy and sustainable development of Georgia. Partnership agency: Parliament. There is no mention of policy coherence in the Business and Human Rights Chapter of the Georgian Human Rights NAP. 25.15.1 Define relevant issues of human rights protection for companies providing public services and ensure retraining of respective members of staff Objective indicator: Conducted respective research number of retrained members of staff. Activity: Conducting respective research and trainings. Responsible agency: Human Rights Secretariat of the Administration of the Government; Partnership Agency: Office of Public Defender. Objective indicators: 1) Number of projects of legislative acts elaborated with the aim to improve ”Law of Georgia on the Conflict of Interests in Public Service” and appropriate normative acts. Activities: A. Legislative data analysis and elaborating projects of appropriate legislative acts. Responsible agency: The office of the Business Ombudsman of Georgia, Competition Agency. B. Initiating elaborated projects of legislative acts to the parliament and implementing them. Responsible agency: Ministry of Economy and sustainable development of Georgia. 2) Document of conducted research; Number of recommendations; Number of elaborated legal acts projects. Activities: A. Conducting research with the aim to define work efficiency of dispute reviewing board of State Procurement Agency. Responsible agency: State Procurement Agency. B. Improve regulatory legislative base of state procurement. Responsible agency: State Procurement Agency. Partnership agencies: Business sector; Global compact Georgia; CIDA. Objective indicator: Prepared amendments according to the finest international practice. Activity: Seeking best international practice about human rights protection issues during state procurement process. Responsible agency: Human Rights Secretariat of the Administration of the Government; Ministry of Economy and sustainable development of Georgia. No partnership agency. There is no mention of the security sector in the Business and Human Rights Chapter of the Georgian Human Rights NAP. There is no mention of small and medium enterprises (SMEs) in the Business and Human Rights Chapter of the Georgian Human Rights NAP. Objective indicator: Conducted respective informational campaign. Activity: Conducting informational campaign for employees of companies belonging to state property regarding human rights protection, including strengthening women economically. Responsible agency: Human Rights Secretariat of the Administration of the Government. No partnership agency. Objective indicator: Conducted respective research; number of retrained members of staff. Activity: Conducting respective research and trainings. Responsible agency: Human Rights Secretariat of the Administration of the Government. Partnership agency: Office of Public Defender. Read more about State Owned Enterprises/ Public Private Partnerships There is no mention of supply chains in the Business and Human Rights Chapter of the Georgian Human Rights NAP. There is no mention of tax in the Business and Human Rights Chapter of the Georgian Human Rights NAP. There is no mention of the Sustainable Development Goals (SDGs) in the Business and Human Rights Chapter of the Georgian Human Rights NAP. The Georgian NAP does not make an explicit reference to the tourism sector. There is no mention of trade in the Business and Human Rights Chapter of the Georgian Human Rights NAP. There is no mention of workers’ rights in the Business and Human Rights Chapter of the Georgian Human Rights NAP.Children’s rights
Conflict-affected areas
Construction sector
Corporate law & corporate governance
Objective 25.1.1: Ensure assessment of regulative influence on the market.
Objective 25.3.1: Analyse existing situation regarding direct and indirect state involvement and define suggestions for creating effective mechanisms with the aim to prevent discrimination.
Objective 25.6.1: Elaborate appropriate amendment package concerning corporate social responsibility, including women strengthening principles.
Corruption
Data protection & privacy
Objective 25.12.1: Ensure knowledge of business sector concerning human rights protection mechanisms, including personal data protection and finest standards for strengthening women.
Development finance institutions
Energy sector
The Georgian NAP does not make a direct reference to the Energy sector.
Environment & climate change
Objective 25.11.1: Define conception for elaborating promotive mechanism regarding environment protection in business sector and strengthening women.
Objective 25.23.1: Ensure awareness rising about UN main principles concerning business and human rights.
Equality & non-discrimination
Objective 25.3.1: Analyse existing situation regarding direct and indirect state involvement and define suggestions for creating effective mechanisms with the aim to prevent discrimination.
Export credit
Extractives sector
Extraterritorial jurisdiction
Finance & banking sector
Fisheries and aquaculture sectors
Forced labour & modern slavery
Freedom of association
Garment, Textile and Footwear Sector
Gender & women’s rights
Objective 25.5.1: Develop supportive policy for minor and middle enterprises in order to promote women entrepreneurship.
Objective 25.6.1: Elaborate appropriate amendment package concerning corporate social responsibility, including women strengthening principles.
Objective 25.11.1: Define conception for elaborating promotive mechanism regarding environment protection in business sector and strengthening women.
Objective 25.12.1: Ensure knowledge of business sector concerning human rights protection mechanisms, including personal data protection and finest standards for strengthening women.
Objective 25.14.1: Prepare manual document concerning human rights protection for companies existing in state property.
Objective 25.16.1: Ensure foreseeing issues of human rights protection in state procurement process, including women strengthening principles, not only at supportive but also obligatory level and mainstream human rights based.
Objective 25.23.1: Ensure awareness rising about UN main principles concerning business and human rights.
Objective 25.25.1: Ensure conducting appropriate actions for public servants about UN main principles with the aim to provide information and raise awareness.
Guidance to business
Objective 25.4.1: Popularisation of necessary abilities in terms of responsible business and raise awareness.
Objective 25.8.1: Ensure elaboration of united policy concerning business and human rights protection and its effective implementation.
Objective 25.11.1: Define conception for elaborating promotive mechanism regarding environment protection in business sector and strengthening women.
Objective 25.12.1: Ensure knowledge of business sector concerning human rights protection mechanisms, including personal data protection and finest standards for strengthening women.
Objective 25.14.1: Prepare manual document concerning human rights protection for companies existing in state property.
Objective 25.15.1: Define relevant issues of human rights protection for companies providing public services and ensure retraining of respective members of staff.
Objective 25.23.1: Ensure awareness rising about UN main principles concerning business and human rights.
Objective 25.24.1: Promote popularisation and elaboration of manual document on UN main principles concerning business and human rights.
Objective 25.27.1: Ensure awareness rising about legal risks assessment for companies with the aim to prevent human rights violation.
Health and social care
Human rights defenders & whistle-blowers
Objective 25.13.1: Create/improve standards of protection for denunciator in private sector.
Human rights due diligence
Human rights impact assessments
ICT & electronics sector
Indigenous peoples
Investment treaties & investor-state dispute settlements
Objective 25.7.1: Analyse the influence of signing middle and big investment contracts on human rights and prepare appropriate amendment package.
Judicial remedy
Objective 25.26.1: Raise awareness for the staff of judicial authority and investigative structures concerning human rights.
Objective 25.28.1: Ensure strengthening high standard issues containing mechanism, including out-of-court appeal.
Land
Migrant workers
Objective 25.17.1: Ensure spread and popularisation of information concerning accessible services for migrant workers and their family members.
National Human Rights Institutions/ Ombudspersons
Non-financial reporting
Non-judicial grievance mechanisms
OECD National Contact Points
Persons with disabilities
Objective 25.9.1: Ensure accordance between construction legislation and human rights protection standards (including standards ensuring adaptive environment for persons with disabilities).
Objective 25.19.1: Ensure implementation of necessary actions for ratifying additional minutes of the Convention on the Rights of Persons with Disabilities.
Policy coherence
Privatisation
Public procurement
Objective 25.2.1: Ensure contradictory mechanism of demonstrating monopoly and oligopoly at any sector and segment of market.
Objective 25.16.1: Ensure foreseeing issues of human rights protection in state procurement process, including women strengthening principles, not only at supportive but also obligatory level and mainstream human rights based.
Security sector
Small & medium-sized enterprises
State Owned Enterprises/ Public Private Partnerships
Objective 25.14.1: Prepare manual document concerning human rights protection for companies existing in state property.
Objective 25.15.1: Define relevant issues of human rights protection for companies providing public services and ensure retraining of respective members of staff.
Supply chains
Taxation
The 2030 Agenda for Sustainable Development
Tourism sector
Trade
Workers’ rights
