Countries at the Crossroads 2004

Preface  |  Acknowledgements  |  Methodology  |  At The Crossroads Of Reform And Repression  |  Tables and Charts  |  Expert Advisory Committee  |  Introduction To Country Reports  |  Country Reports

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Country Report - Georgia

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Civil Liberties – 3.90

Individual claims concerning human rights violations may be brought before the Constitutional Court by persons regardless of their citizenship. However, according to amendments made in 1999 and 2000 to the criminal procedure code, those who are accused of crimes may not file complaints before a judge regarding abuse or ill-treatment suffered at the hands of police officers. While the parliamentary committee on human rights and ethnic relations investigates claims of abuse, many claimants reportedly did not follow through on their complaints because of fear of reprisals. In September 2003, senior Georgian government officials and representatives of NGOs took the positive step of agreeing on a national action plan against torture for 2003-05 that aims to bring the country's legislation and practice into line with international standards.

Although freedom of religious belief and the separation of church and state are guaranteed by the constitution, the Georgian Orthodox Church enjoys certain rights and privileges, including legal status, not available to other religious communities. During the past decade, it has become an increasingly outspoken force in the country's political decision making and exerts a considerable degree of influence over public life. According to a constitutional agreement between the Georgian Orthodox Church and the government signed in October 2002 - the concordat - the Georgian Orthodox Church is granted tax-exempt status and the right to decide who can offer religious education in schools. The state, with the consent of the Georgian Orthodox Church, decides whether other religious communities may build churches, publish religious literature, and produce items for worship.

As of September 2003, Georgia still had not adopted a law on religion. The resulting lack of legal status for religious groups other than the Georgian Orthodox Church has made it difficult for them to conduct certain activities, including opening new places of worship. In an apparently abrupt reversal of plans, the government announced on September 19, 2003, that it would not sign an interstate treaty with the Vatican that would have provided legal status for the Catholic Church in Georgia. The decision followed public demonstrations against the proposed treaty and an appeal to President Eduard Shevardnadze by the Georgian Orthodox Church's patriarch against the signing of the agreement. According to some analysts, the government was unwilling to sign the treaty and thus risk losing the support of the influential Georgian Orthodox Church ahead of the November parliamentary election.

Despite a March 2003 pledge by President Shevardnadze to end religious violence and punish perpetrators, minority religious groups in Georgia continue to endure harassment and violent assaults at the hands of Georgian Orthodox extremists. Police reportedly have failed to intervene to protect victims, including Jehovah's Witnesses, Baptists, and Pentecostals, or have actively participated in the attacks. Investigations often proceed slowly, if at all, and rarely result in indictments, while courts frequently dismiss victims' complaints against law-enforcement officials for their complicity in such crimes. Over the past three years, nearly 800 criminal complaints have been filed against such religious extremists, but none of these individuals are reported to have been convicted for their crimes.[2]

The country's constitution provides for freedom of association, and the state has generally respected this right in practice. There are no serious barriers to the formation and activities of political parties, although religion-based parties are banned. Most associations, with the exception of religious groups, are allowed to register without arbitrary discrimination, and a number of domestic and international human rights groups operate in the country without significant government restrictions.

However, some recent developments indicate a disturbing trend in the state's attitude and behavior toward the country's nongovernmental sector. An April 2002 statement by President Shevardnadze compared the activities of NGOs, most of which are funded predominantly by the United States and other foreign governments and institutions, to those of terrorists and called for greater financial control of such groups. In a move widely seen as a government attempt to pressure civil society, the ministry of security circulated a draft law in February 2003 titled "On Suspension of Activities, Liquidation, and Banning of Extremist Organizations and Organizations under Foreign Control." In response to human rights groups the ministry of security produced a new, toned-down draft law that deleted references to organizations under foreign control but that nevertheless maintains several restrictive provisions.[3] In March 2003, the ministry of finance issued an order imposing state control over all grants to NGOs by requiring that they be registered in a state treasury account under the ministry's control. The order, which was suspended three months later by a Tbilisi district court, had raised suspicions that the ministry would block the accounts of NGOs that criticized government policies.

Political parties and other organizations are required by law to receive permission from local authorities to assemble in a public thoroughfare, and most permits are granted without arbitrary restrictions. On September 26, 2003, however, security forces violently suppressed a campaign rally in the Bolnisi district that was organized by the National Movement party ahead of the November parliamentary poll. The right to form and join trade unions and to organize and bargain collectively is legally protected by the constitution and other legislation. Numerous strikes have occurred in recent years, including actions by teachers and energy workers demanding unpaid wages. Although employer discrimination against union members is prohibited by law, some workers have reported threats or intimidation by employers because of their union activities.

Despite constitutional and other legal guarantees of gender equality, including inheritance and divorce rights, discrimination against women remains a problem. The government does not operate specialized services to assist victims of sexual violence, and police do not always investigate reports of rape or sexual harassment in the workplace. According to a recent U.S. State Department report on trafficking in persons, Georgia is a source country for women trafficked primarily to Western Europe and the Middle East. The report, which covered events from April 2002 through March 2003, categorized Georgia as a "Tier 3" country, or one that fails to meet minimum standards for the elimination of trafficking.[4] After parliamentary deputies approved amendments to the criminal code in June 2003 designating human trafficking as a criminal offense, Georgia's category was raised to a "Tier 2," or a country in which some progress had been made to meet minimum standards.

The rights of Georgia's multiethnic and religiously diverse population are formally guaranteed by the country's constitution, which ensures equality regardless of race, skin color, language, gender, religion, political beliefs, national, ethnic, or social origin, social status, or place of residence. In practice, the government generally does protect the rights of Georgia's ethnic minorities located in areas that are under state control. However, public schools in predominantly Armenian- and Azeri-populated regions lack adequate Georgian language training, which effectively restricts these populations' access to employment and institutions of higher education. Most of the country's minority population, including Armenians and Azeris, resides in geographically concentrated regions, does not speak other languages, and often has limited social interaction with other groups. Although some Armenians who live in Tbilisi reportedly complain of discrimination from Georgians in sectors such as employment, other observers maintain that nepotism in hiring practices based on family and other connections is the primary factor.[5] In the breakaway territories of Abkhazia and South Ossetia, the military clashes in the 1990s resulted in the displacement of over a quarter of a million ethnic Georgians. The few who have returned to Abkhazia are subject to various forms of harassment and violence and enjoy no effective protection from either the Abkhaz or the Georgian state authorities. At the same time, a recent report by HRW concluded that Georgian antiterrorist operations in the Pankisi Gorge - an area home to several thousand Chechen refugees and a reputed haven for armed Chechen rebels - have targeted Chechens based on their ethnicity. Georgian forces have committed human rights violations, including summary executions, arbitrary detentions, and "disappearances" of Chechens in the Pankisi Gorge.[6] In late 2002, police conducted a massive identity check in Tbilisi that resulted in the brief detention of about 100 Chechens, who reportedly were targeted because of their ethnic background.

Recommendations

To help address the prevalence of ill-treatment of detainees and suspects by law-enforcement officials, victims should be given the opportunity to make complaints before a judge regarding torture during investigations. A law on religion should be adopted that would provide legal protections for all religious groups, and prompt legal action should be taken against those who attack members of minority faiths. Women who are victims of sexual assault or trafficking should have access to some basic assistance services, and the government should increase efforts to find and prosecute those responsible. The government should, when financially possible, provide members of minority ethnic groups with greater opportunities to learn Georgian and integrate more fully into Georgian society.

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