The state provides free comprehensive legal support to individuals who cannot navigate the lengthy, complex, and costly litigation process on their own. However, this service is not universally available, meaning not everyone can access it unconditionally, which poses a particular challenge for ethnic minorities.

Despite the increase in healthcare spending in recent years and the introduction of the universal healthcare program, access to healthcare remains a challenge. Primary, essential healthcare plays a crucial role in the availability of medical services and public health management, yet its scope remains limited in Georgia.

The governance models established under liberal democracies have weakened the political role of citizens and bestowed disproportionate power upon the elite. Over time, it became evident that the concept of political representation of the people fell short of its initial objectives. Growing dissatisfaction and protests posed threats to elite stability, compelling concessions of power. This led to the emergence of participatory democracy, a governance model emphasizing citizen involvement in decision-making processes. With time its mechanisms evolved too. However, states have thus far failed to ensure equal opportunities for participation for all societal groups, particularly ethnic minorities, hindering the consideration of their needs in policy-making and exacerbating societal inequalities. This challenge extends to Georgia as well.

According to the World Health Organization, there has been a notable global surge in both, investment in and the consumption of gambling recently. In Georgia, gambling venues are notably abundant, particularly concentrated in tourist and coastal areas, fostering a rising dependence on gambling, accompanied by a heightened prevalence of associated social risks.

The increasing prevalence of gambling and, moreover, risks associated with it, highlight the necessity of examining the issue from a broader perspective. This extends the discourse to encompass discussion about the models of democracy, the concept of liberty, and public welfare.

The number of ethnic minorities attaining higher education remains low. Only 26% of the minorities achieve higher education, while the figure for the total population is 43%.

Ensuring equal opportunities for learning both native and state languages is essential for fostering social inclusion and integration in democratic countries. Language serves as the primary means of self-expression and is an integral component of the individual’s identity.

“The socially vulnerable status should not discourage individuals from seeking employment. The working-age population is expected to work… Such individuals should pursue to be employed in the private sector..” – noted the Minister of Finance.

It is symbolic that a representative from the Ministry of Finance is addressing issues related to the socially vulnerable population and potential future reforms, rather than the Ministry of Health and Social Protection. This clearly reflects the state’s perspective, indicating that providing allowances to the socially vulnerable is perceived not as a social responsibility or obligation, but merely as a financial burden for the state.

In order to explain the persistent relevance of the employment issue, it is essential to examine the measures undertaken by the state in this regard.

Representative democracy claims to operate for the people, exercising power under their authority and in their name. Originally conceived to rectify historical imbalances stemming from the societal dichotomy of “ruling” and “ruled” segments, this model entrusts power to an elected elite, chosen through the democratic process. The distinctive characteristic of the representative system lies in the fact that a singular element – the public interest – serves as the source of both its authority and legitimacy. The legitimacy of representative governance is established through the conscientious consideration of public interests, resulting in a freely made choice. Its legitimacy is upheld when it operates within these interests. However, contemporary scholarly literature frequently discusses the crisis within this model. This crisis, arising from multiple factors, is most distinctly manifested in two key areas – firstly, the crisis of voter representation (who is left outside the political processes and who is included within),  and secondly, the crisis of safeguarding the voter’s interests.

The crisis of representation is not only a problem of emerging states. However, it has different foundations and forms in fragile and stable democracies. We will examine this matter through the example of Georgia, concentrating specifically on safeguarding voters’ interests.

In a bipartite political landscape, emotional polarization stands out as the most effective mechanism of voter mobilization. In such an environment, political parties often tend to forego the development of comprehensive strategies to address societal issues. Instead, politics becomes overshadowed by propaganda, as parties seek support through meaningless attacks on their opponents.

The primary objective of social protection schemes is to empower vulnerable members of society, enable them to overcome poverty, and access decent employment in the labor market.

As of 2020, according to data from the International Labour Organization, 47% of the global population was covered by at least one social security benefit. A significant majority of these beneficiaries resided in the continents of America and Europe. This is not surprising, as history has shown that establishing robust national social security systems is a long-term process. Such comprehensive and sustainable development demands time and strategic, citizen-centered political steps.

The constitutionalization and safeguarding of social rights persist as a considerable challenge to this day. The international system of human rights, developed based on liberal ideology, has been structured around the belief that a market economy oriented towards free competition should have a substantial impact on social welfare. This approach saw a robust economy as a prerequisite for a decent quality of life, wherein the market, through the creation of sufficient employment opportunities and wealth, was perceived to “generate prosperity”. This approach shifted the responsibility for upholding social rights from the state to individuals and the private sector. The aforementioned seemingly outdated rhetoric remains deeply rooted in the core foundations of state social policies. This approach has impeded the acknowledgment of social rights and the establishment of a proper system of protection, rendering the issue of its enforcement through the courts moot. However, in the present day, the contemporary doctrine of human rights clearly opposes this standpoint. It assigns a pivotal role to the judiciary in terms of upholding social rights. 

Around us, many families lose their homes due to financial obligations. In response to difficult socio-economic conditions and pressing needs, individuals are compelled to seek financial assistance, often resorting to borrowing from usurers. However, many are unaware of the inherent dangers and difficulties characteristic of such loan relationships. The law doesn’t protect debtors from the deceptive and fraudulent schemes of usurers, and unfortunately, courts fail to safeguard their interests as well. In the following article, we will discuss what and how the judiciary should change when considering disputes related to housing.

Approximately one-sixth of Georgia’s population lives below the absolute poverty line, while the prevalence of relative poverty reaches up to 20%. This signifies that the substantial portion of the populace faces challenges in fulfilling their most basic needs, often resorting to loans as a means of addressing economic hardships.

The democratic transformation of a state is never successful without a proper response to its repressive past. Contemporary observations of post-repressive states have unequivocally dispelled the notion that “historical amnesia” serves as a remedy for assuaging collective trauma and fostering a resilient democratic framework. Employing oblivion as a governance strategy proves inadequate in supplanting the public memory and constantly creates the risk of inciting conflicts and reinstating oppression.

In recent years, several labor rights reforms have been implemented in the country. Legal guarantees for employees have been strengthened, as well as supervision over labor rights. Despite this, issues related to overtime work remain a challenge.

Why should I be interested in this topic?

Many workers in Georgia face challenges related to excessive overtime work, inadequate pay for such work, work-life balance, and the risk of exploitation.

Studying the issues concerning overtime work is crucial for promoting fair labor practices and social equality in the labor market.

During the last 2 years, the government of Georgia has been constantly referring to the fact that the country is becoming wealthier and the economy is growing, poverty is decreasing and the number of unemployed people is at a historical minimum.

The following article aims to determine to what extent the government’s statements are truthful, how these statistics are calculated, what types of data are omitted from them, and whether the wealth accumulated in the country affects the majority of society.

Since 2015, when a right-wing populist party came to power in Poland, the Polish judiciary has had to deal with serious political attacks. During these years, the Polish court and society created interesting experiences of resistance and organizing. Just a few weeks ago, large-scale demonstrations were held in Israel to defend the independence of the judiciary, which forced Prime Minister Netanyahu to back down.

Even though all the governments of Georgia have tried and successfully managed to turn the judiciary into the executor of their political tasks for decades, we do not have such an experience of resistance. Naturally, this is the case for many reasons. We discussed the factors of public alienation from the judiciary in the previous article. And now, we want to review the examples of self-organization and solidarity of judges.

What form can a union of judges take and what value can it bring? We will discuss these issues in the following article.

In order to comply with the 12-point recommendations of the European Union, on June 13, the Parliament adopted amendments regarding the judicial system. In the following article, we will assess the extent to which the adopted changes are in line with the considerations of the Venice Commission, as required by the European Union, and, therefore, to what extent this law responds to the recommendations issued by the European Commission in 2022.

When discussing the deterioration of democracy in the European Union, particular attention is always drawn to two countries – Poland and Hungary. Anti-democratic processes have taken on a signifficantly dangerous turn in Hungary, where the authorities have brought the judiciary and other public institutions, the media, and the civil sector, under their control to a large extent. Some international organizations no longer consider Hungary a democracy. According to the Rule of Law Index, it ranks last in the European Union and falls behind many other countries, including Georgia.

As for Poland, it has the sharpest decline among the EU countries in this index in recent years.

In the following article, we will discuss three significant judgments adopted by the European Court of Justice to protect democracy.

Central banks resort to monetary policy to achieve price stability. The effectiveness of such policies in relation to inflationary pressure in 2021-2022 has become the subject of intense discussion in academic circles.

In response to an 8.4% price increase in 2022, the European Central Bank tightened monetary policy for the first time in more than a decade, ending the era of negative policy rates in the Eurozone. This European Central Bank policy aims to return inflation to the target level of 2 percent.

The following article reviews the increase in price levels in Georgia in 2021-2022 and the monetary policy adopted by the National Bank as a response. By analyzing the causes of inflation, we will try to assess the efficiency of monetary policy. In addition, we will discuss alternative means of reducing inflation.

In the era of rapid technological development, examples of atypical labor are increasing. It is crucial to critically consider the transformation of work and employment and the consequences that will affect various social processes over time.

The following article aims to delve into the multifaceted challenges posed by the gig economy and explore potential solutions to ensure the well-being and safety of workers.

Georgia has experienced economic growth in recent years (except 2020, due to the pandemic). However, this has an insignificant impact on the prosperity of most people. This article explains why economic growth doesn’t translate into an improvement in the standard of living of the population and what can be done to improve the current situation.

Democracy has never had the luxury of closing the door to those willing to participate in the governance of the state. Unfortunately, the political elite of Georgia has always acted to the contrary (with rare exceptions), when coming to a decision on this matter. 

The process of administration of justice is an integral part of public life. Being involved in the process of creating values, the court is constantly accountable to society, and perceives itself as an institution oriented and sensitive to the interests of the people. What exactly does socially sensitive justice mean, and how can we achieve to create one? The purpose of the article is to present the basic principles of the judiciary that will respond to the needs and expectations of society. 

On 7 March the Parliament of Georgia adopted the draft law on the Transparency of Foreign Influence by first hearing. Discussions in the Parliament were held along with constant protests and tension. Due to the large-scale public protest, the Parliamentary majority had to withdraw and drop the bill. However, the rhetoric and the agenda of the authorities have not changed. In this article, we will assess the compatibility of the legislative initiative regarding the Agents of Foreign Influence with the constitution of Georgia. 

Download KOMENTARI 5-Month Performance Report pdf here.

In the past, having help with housework – a cleaner, a cook, a nanny, a caregiver, etc. was associated with wealth. However, modern labor market standards, which require all members of the family capable of working to enter the labor market, have made it more and more inevitable for families with any income to hire help, as people are no longer able to combine work with housework that must be done.  

If a family or a private person hires another person to do housework, they must be able to pay them an appropriate salary. In this case, the employer is atypical and is often himself/herself an employee; the place of employment is a residential house instead of a labor institution. This is what creates the particular specificity of domestic work, and makes such workers – workers with particular needs.  

Why should I be interested in this topic? 

In Georgia, domestic workers work much more than they are supposed to, for which they are generally not compensated, because, usually, they do not have a written contract and they work in a family, an informal environment; this worsens their condition – adds more exploitation and emotional vulnerability to their low-waged work. 

It is important to know what are the basic standards of social protection of domestic workers, what are Georgia’s challenges in this regard, and what can be done to ensure that their decent work is valued in a pecuniary form so that they can have basic guarantees of social protection, and therefore do not make the decision to migrate but instead decide to stay in their own country.

Our comment: 

The concept of “domestic work” is not found in the labor legislation of Georgia, which leaves the majority of people involved in this work without all the social benefits that the national legislation provides for other workers.  

For basic social protection, the country’s labor legislation and social security system must consider domestic workers and create the possibilities for them to enjoy maternity leave, medical leave, pension contributions, overtime pay, or other labor rights.

Since the social background in Georgia is already harsh and household incomes are generally low, it is difficult for domestic workers to request an increase in salary and they often make the decision to migrate, i.e. perform the same work outside the country. The state must have a strategy for maintaining its own labor force in the country, including domestic workers, and not for making them migrate. It can also develop the kind of social care and welfare services that will at least partially replace the demand for domestic work and spare families’ out-of-pocket expenses.

Information about trade unions and trust in them in society is low. Even though labor rights are often violated in practice, the existing legislation is not properly enforced. Despite these challenges, social dialogue is not sufficient within society

Why should I be interested in this topic? 

The existence of trade unions is crucial for protecting labor rights, preventing violations, and timely resolution of disputes. 

• One of the main levers for improving working conditions is collective bargaining, which is carried out between employees and the employer or employers. 
• During collective bargaining, the power between the parties is relatively balanced and, unlike individual negotiations, the probability of achieving a positive result is higher. 

 Therefore, the only guarantee of ensuring decent working conditions for the employees is the existence of strong trade unions and effective social dialogue. 

 Our comment 

• We have a situation that the labor legislation is not properly enforced. In these conditions, uniting and self-organizing to protect one’s rights increases the chances for success. 
• Independent and strong trade unions are a crucial tool to help employees enforce labor laws in practice and create a decent working environment. 
• In order to ensure social welfare, it is essential to improve bipartite or tripartite social dialogue in the country. 
• Successful social dialogue provides solutions to significant economic and social issues, increases social peace, industrial stability, and promotes economic progress. 

Georgia is a country rich in various natural resources and, at the same time, with a significant tradition of the industrial economy. This tradition includes, on the one hand, the extraction of existing resources, and on the other hand, processing/enrichment enterprises built in the Soviet period and other heavy industries, some of which are still functioning in the country.  

Why should I be interested in this topic? 

A country that has been living in poverty and depopulation for decades has such valuable and significant resources as gold and copper, manganese, coal; Moreover, crucial industrial production, such as ferroalloys, metallurgical factories of Rustavi and Kutaisi, and others.  

However, Georgia’s economy does not sufficiently benefit from these resources and industries. The fact is that after three decades of the collapse of the Soviet Union and the replacement of three long-term governments, Industrial cities in Georgia are in a severe social, economic, ecological and demographic crisis, even though the resources extracted and the products produced there are an essential source of wealth in the global or local market. 

It is necessary to know what resources the country has so that they can be used primarily for our well-being and development, and not for the enrichment of private individuals – moreover, for the environment that provides us with this wealth to survive pollution and destruction; And the people who create this wealth to be relieved from the experiences of despair, oppression, poverty, illness, social hopelessness and finally –  leaving the country. 

Our comment:

Georgia’s regulatory legislation, inspection bodies, and their enforcement mechanisms still doesn’t ensure humane, non-exploitative, socially and ecologically fair mining conditions in the country. 

Georgia’s tax policy does not provide adequate taxes for large businesses, the profit tax in the country is only 15%, and the tax imposed on minerals is minimal. This kind of tax policy leaves industrial and natural potential of our country as mostly a source of enrichment for private owners. 

All of the above stems from the fact that for decades, Georgia has chosen a “Small government”, minimal intervention, i.e. non-interference and investor-oriented policy, which leads to visible and clear social and ecological consequences and significant economic losses for the development of the country.

To effectively protect the rights of employees, the effective functioning of the Labor Inspection Service is of crucial importance. Due to the frequent changes in the structure and powers of the service, the general public does not have complete information about the current mandate of the labor inspectorate. 

Our comment

In order for the activity of the labor inspection to have a meaningful impact on the quality of protection of the rights of employees, it is necessary to equip it with human resources of the appropriate amount and qualification, to inspect facilities more intensively, and to pay special attention during monitoring to areas where the risks of labor safety and other labor rights violations are statistically higher. Moreover, the labor inspectorate should express more interest in monitoring the informal sector to ensure the protection of the rights of the most vulnerable workforce and contribute to raising their awareness in that regard. 

Furthermore, monitoring should be carried out equally effectively both in big cities and in the regions and the general public should be actively informed about the labor inspectorate mandate.  

In addition, it is necessary to increase the amount of administrative fines. 

The right to strike is not new to Georgian legislation. Although, the issues related to its full implementation are still problematic. 

Why should I be interested in this topic? 

In Georgia, workers often have to fight for decent working conditions in an unequal and unfair environment. This article overviews the complex process that employees go through before striking. 

Our comment

A strike is the last resort to resolving a dispute. It is preceded by conciliation procedures and mediation, which have been found to be mostly ineffective. Consequently, the workers go on a trike more often than it would be necessary for the conditions of proper negotiation. On the other hand, the problem is that the employer ignores the agreements reached as a result of the strike. Due to this, the involvement and activity of the employees during the strike are low.

Introduction

The welfare-to-work policy is one of the main levers for promoting employment in the country, as it helps people who are unemployed due to fierce competition in the labor market to find a job. 

Why  should I be interested in this topic? 

• In the absence of a long-term policy plan for the activation of employment, it is crucial to know what challenges the country faces in this regard. 
• Identifying problems and possible obstacles will help this process, which will have a positive impact on a large part of the population because Georgia is characterized by a fairly high rate of unemployment (up to 20%) and informal employment (up to 40%). 

Our comment 

• When the state considers the citizens’ hardship as the result of their own decisions, it rarely tries to offer an individually tailored solution to the citizen. 
• The state should not treat people with socio-economic problems as if they are able, although they do not want to be employed, and should not base programs on sanctions. 

This is evidenced by international practice, for more details you can read the article “What is welfare-to-work policy”

Today, international migration is becoming more and more widespread and has an impact on individuals and their families, as well as on states. 

In the field of international migration, some of the most important aspects are illegal migration and illegal labor migration, and often these two concepts are closely related to and derived from one another. 

Why should I be interested in this topic?  

In informational articles, we have already covered the scale of the population outflow from Georgia. Every year, thousands of people leave the country for various reasons. However, the most significant of these reasons are economic factors: extreme hardship, increased prices, and, accordingly, the search for a source of income.

• As usual, people choose economically strong countries for migration. In recent years, the EU member states and the United States of America have been particularly popular destinations for Georgian citizens.
• Due to the fact that Georgia is not a member state of the European Union, the free movement of labor does not apply to its citizens. The workforce cannot freely travel to the United States of America, as well. 
• And they have only one way left: illegal migration, which means crossing the borders and living in violation of the law. It is probable that a significant part of migrants from Georgia cross the border illegally and/or stay illegally in a foreign country. 

Our comment

• The goal of the state should be to protect its citizens from illegal migration because illegal migration causes a lot of legal and economic problems for illegals. 
• A relatively long, expensive, but effective way to overcome this is to strengthen democratic institutions and improve the socio-economic situation of the country.

Student accommodation not only solves the problem of students but also shows how important it is for the state to provide access to education for its citizens.

Why should I be interested in this topic?

There is a need for student accommodation in many countries of the world. Within the framework of both state and private sector cooperation, some countries try to offer students as much affordable housing as possible. It is important to know what the Georgian state does to solve this problem. 

Our Comment 

• The state does not have a proper housing policy – this also applies to student dormitories. 
• This means that the state cares less about access to education and leaves it to the individual responsibility of the student. 
• Therefore, a student or his family who cannot afford to rent an apartment has limited access to education. 

Creating safe workplaces begins with risk assessment and planning preventive measures, which is the employer’s obligation. Nowadays, the responsibility imposed on the employer for violating labor safety norms does not ensure the fulfillment of this obligation, nor is it sufficient to protect the life and health of workers.

Why should I be interested in this topic? 

We can easily find at least one person who has worked in construction. Even though it is one of the most dangerous jobs in Georgia associated with fatal cases concerning employees, it is also one of the jobs most in demand due to poverty and unemployment. 

Our comment 

Most employers in Georgia are indifferent to the fulfillment of labor safety obligations. Insufficiently strict sanctions and lack of planned, unplanned, or repeated inspections contribute to such an attitude.

Low wages and inadequate remuneration for work are crucial problems for the Georgian population. The severity of this issue has become particularly apparent both during the pandemic and in the conditions of the current inflation. Nevertheless, there is no effective instrument in Georgia that ensures fair pay for the labor of employees and protection of the most vulnerable share of the workforce from poverty.

Our comment

The state should ensure fair remuneration for labor in the country: 

• The minimum wage legislation should be reviewed and the national minimum wage adjusted to the existing economic situation. 
• Or, at the initial stage, the minimum wage should be established in critically important and/or especially low-wage sectors in the country.
• Also, the already effective sectoral minimum wages (public servants, school teachers) should be reviewed. 

In Georgia, unemployment is one of the main challenges. The country does not have a proper social protection system. People have to cope with the hardships themselves, forcing them to engage in informal employment as most of them cannot find other jobs. This makes the life of the worker unpredictable. 

Why should I be interested in this topic? 

Informal work is a mean of survival in countries where the social security system is insufficient and fragmented. 

This is also the case in Georgia, where the state cannot even offer basic social protection to an unemployed person, for example: 

• It does not provide financial assistance for a particular period of time; 
• Not everyone is given equal opportunity for professional development/retraining;
• Does not offer employment promotion programs where the person’s experience and professional skills are taken into account and he/she is offered a decent salary. 

In this context, the level of protection of persons involved in informal labor in the country is low, because the law does not protect the rights of such workers.

Our Comment:

• The state should develop a clear and practical instrument to gradually transition informal work to formal. 
• The state should ensure to inform the informal workers by showing the advantages of formal employment and the benefits of their transition to formal labor.
• It is necessary to increase the functions of the employment agency. Retraining and qualification raising programs should be made easily available, as they can easily direct/transition people involved in informal labor to relevant vacancies. 
• The state should protect the rights of informal workers. In this regard, it is necessary to strengthen the mandate of the labor inspection. 
• Moreover, nowadays, there are practically no guarantees of basic social protection, and formal employment does not offer workers a decent salary and necessary benefits. In this context, it is less attractive for some informal workers, because in case of formalization they will still have to work for low wages and pay additional taxes.

In Georgia, women employed in the private sector are left with scarce resources after having a child. As for women employed in the informal sector, self-employed or unemployed women, they face far more complex problems. 

Why should I be interested in this topic? 

• If you decide to have a child and you work in the private sector, the government does practically nothing to support you; 
• If you use your maternity leave fully, you will get only scarce one-time financial support;
• Or you will be fully dependent on the goodwill of the employer; 
• The government doesn’t see its role concerning women working in the informal sector or unemployed women. If they have a child, they are left without any support. 

Our comment:

 Deficiencies in labor legislation weakens the role of women in society and makes them dependent on others, because Georgia: 

• Has not yet created a human-oriented social security system throughout its 30 years of independence; 

• Has not fulfilled its commitments  under the Association Agreement that  was to be implemented before 2018: create social security system, that adequately responds to the interests of women and children despite the employment status of women – even after the amendments in the Labor Code in 2020.

In order to implement a sound social policy, it is important for countries to choose the right model of social protection. These models differ from each other and change according to the political structure, resources, values, and other characteristics of the countries. 

Why should I be interested in this topic? 

Social security systems concern all citizens. In Georgia, this system is weak, therefore, it is important to know what the state does in this regard and what possibilities we have for the future. 

Our Comment: 

• Georgia’s social security policy is fragmented, which does not serve to improve the social situation; 
• Fragmented policy is unsustainable, therefore, it cannot ensure long-term welfare;      

Therefore, social protection levers in Georgia are not oriented toward overcoming poverty. 

Unemployment is the main problem for the Georgian population. Nevertheless, there is no unemployment benefit system in the country, that would provide citizens left unemployed with stable income for a particular period of time and would offer minimum social guarantees before falling under the poverty line.   

Why should I be interested in this topic? 

There is no functioning social security system in Georgia, that would protect a person from the main social risks, e.g., from unemployment, financial instability, and poverty after being left unemployed. 

Our comment: 

• The state must protect each person from social risks and create social security system, that adequately responds to people’s needs. 
• In particular, the state shall create an unemployment benefits scheme, that will be based on the best international practice taking into account the Georgian context.  

One of the main functions of a pension is the right to live independently at retirement age. Therefore, dependence only on family members deprives the elderly of this right. In the last 30 years, the scarcity of pensions in Georgia has made everyone who did not have someone to provide additional support socially vulnerable. 

Why should I be interested in this topic? 

The  funded pension scheme introduced in Georgia in 2018 affected everyone – those left behind from the reform, its participants, and future generations. Therefore, it is important to know what to expect from this system and whether it was possible to implement a better pension reform in Georgia, which 

• Would have included everyone;
• Would have significantly improved the lives of existing pensioners;  
• Would have created a guarantee of decent pensions for future generations. 

Our Comment: 

The reform developed in Georgia is a scheme of individual accumulation accounts, which excludes the principle of intergenerational solidarity. It is aimed at an extremely narrow segment of society, and the purpose of its implementation is not the social security of the elderly, but the development of the capital market.