Today, May 17, marks the International Day Against Homophobia, Transphobia, and Biphobia (IDAHOT). The civil platform "No-phobia!" acknowledges this day and deems it essential to reiterate the primary challenges in the country concerning the safeguarding of LGBTQI+ community rights.
Freedom of Assembly and Expression
Regrettably, the LGBTQI+ community continues to encounter limitations on their freedom of expression and assembly in public spaces. While Pride Week 2022 exhibited a safer environment and experienced fewer disruptions compared to 2021, this partial improvement does not signify an overall enhancement in the safety and rights of the LGBTQI+ community. It is primarily attributed to the decision to host the week's events indoors. Notably, Tbilisi Pride deliberately opted for a closed format over a public space, citing the brutal experience of 2021 and the unsuitable response from the authorities. They emphasised that “this year we lack any available space and opportunity to organise the March of Dignity. We are the sole group effectively denied the right to assemble and demonstrate.” From the perspective of 'Tbilisi Pride, it is evident that community members do not hold high expectations for the government to adequately safeguard their rights for assembly and expression in public spaces. Likewise, the Public Defender of Georgia's evaluation contends that “owing to threats originating from ultra-right groups, there remains no available public space for the exercise of the freedom of assembly for LGBT+ individuals.” Regrettably, the consistent opposition from the Orthodox Church of Georgia to Pride events substantially hampers the LGBTQI+ community from fully exercising their rights to assembly and expression. Tragically, in the past, members of the clergy have engaged in violent counter-demonstrations against Pride. Therefore, the unimpeded realisation of the LGBTQI+ community's freedom of expression and assembly remains the elusive objective.
Neglecting the Needs of the LGBTQI+ Community
On September 5, 2022, the Government of Georgia, and on March 23, 2023, the Parliament endorsed the National Strategy for the Protection of Human Rights for 2022-2030. The third priority of the strategy focuses on "upholding constitutional guarantees of equality in state policies and translating them into practical realisation, ensuring that all individuals can exercise their human rights and freedoms without facing discrimination." While this priority encompasses dedicated subsections addressing the rights of various vulnerable groups, regrettably, the LGBTQI+ community is notably absent from these provisions. What's more, not only does the LGBTQI+ community fail to receive specific attention within the aforementioned priority, but it is entirely omitted from the strategy's contents.
Community-based non-governmental organisations have raised concerns about the LGBTQ+ community's exclusion from the strategy and have expressed strong disapproval of the government's insufficient effort to engage them in the document's development process. The approach taken in shaping the strategy and the LGBTQI+ community's absence from its provisions point to the government's reluctance to officially acknowledge the community's equality within its policies and address the challenges confronting this community effectively.
Hate Crimes
In the ongoing effort to combat discrimination, promote equality, and foster tolerance, a key aspect is the prevention of hate crimes and the prompt, effective response to such crimes through timely prevention, thorough investigations, and the appropriate punishment of all those responsible. Unfortunately, it is disheartening to note that there has been no substantial progress in this regard this year. Notably, there have been no criminal prosecutions initiated thus far regarding incidents of organised group violence and the public incitement to violent actions that occurred on July 5, 2021. This continued impunity for the orchestrators of large-scale, homophobic violence on July 5, 2021, poses a significant risk of the recurrence of similar crimes.
Furthermore, during Pride Week 2022, hate groups remained active and openly issued threats. Despite the intensity and reality of these threats, as well as their public calls for violence, the authorities failed to respond promptly. It was only after confrontations between the police and these hate groups occurred on the fringes of the Pride festival on July 2, 2022, that the Ministry of Internal Affairs initiated an investigation.
Furthermore, the state must undertake all necessary measures to fulfil the obligations imposed in the cases regarding the identity group overseen by the Committee of Ministers of the Council of Europe on the international stage. Over the years, the committee has consistently urged the state to rectify the prevailing shortcomings across various institutional and practical aspects. Specifically, it emphasises the need to ensure the effective investigation of hate crimes, with a focus on identifying and penalising those responsible for organising and inciting such crimes.
Homophobic Rhetoric
In 2022, regrettably, government officials continued to employ homophobic rhetoric. For instance, rather than holding the organisers and participants of the hate group accountable for the violent incidents on July 5, 2021, Irakli Gharibashvili made the following statement on June 22, 2022: "We are well aware of the organiser of this - the director of the 'Elgebete' organisation, and it's disgraceful; they are one organism. Saakashvili and the National Movement are backing them. They were orchestrated and emboldened, almost as if they were preparing for a Pride March or something. It's a clear act of provocation, one that is anti-national and anti-state." Furthermore, Irakli Kobakhidze, the chairman of the ruling party Georgian Dream, employed the homophobic term ‘LGBT propaganda’ in reference to the draft law on Foreign Agents. Mamuka Mdinaradze also exacerbated the promotion of homophobia by using the same term, stating, "Yes, we do not condone various forms of unhealthy propaganda, including LGBT propaganda." These homophobic statements are inherently populist, perpetuate discriminatory attitudes, impede the creation of an equitable and inclusive environment, and run counter to the call from the Council of Europe Committee of Ministers for the authorities to display unwavering political commitment at the highest echelons in the fight against discrimination, hate speech, and violence targeting the LGBTQI+ community. Additionally, such homophobic rhetoric is incongruent with one of the prerequisites for EU membership, which necessitates that Georgia enhance the safeguarding of the rights of marginalized groups.
"Considering the challenges outlined above, the legal situation of the LGBTQI+ community in the country requires significant improvement. The civic platform 'No-phobia!' expresses its full support and solidarity with the LGBTQI+ members in Georgia.
Signatory Organizations:
Georgian Democratic Initiative (GDI)
Media Development Fund (MDF)
Tolerance and Diversity Institute (TDI)
International Society for Fair Elections And Democracy (ISFED)
Georgian Young Lawyers' Association (GYLA)
Rights Georgia
Georgia’s Reform Associates (GRASS)
Center Of Development And Democracy (IDSD)
Human Rights Center
Georgian Strategic Analysis Center (GSAC)
Tbilisi Pride
Equality Movement
