GDI presents the annual report 'Human Rights in Georgia 2023.' This document examines the current state of human rights protection in Georgia for the year 2023. Key events of the year are thematically reviewed to analyze the extent to which the Georgian government fulfills its obligations in the areas of human rights protection and the rule of law.
In 2023, the Parliament of Georgia initiated the 'Russian Law,' marking an unprecedented institutional attack on international and local civil organizations. Initially supported as an idea by the ruling political force, Georgian Dream, the draft law later gained parliamentary approval in the first reading. Given the repressive consequences of a similar law in force in Russia, the draft law posed a significant threat to Georgian democracy and civil society. Following intense criticism and extensive protests against the proposed legislation, the ruling party deliberated on the draft law during the second reading and rejected it. However, despite this development, GDI has observed that an antagonistic atmosphere toward civil society persisted within the country. This was evident in smear campaigns, aggressive rhetoric, and attacks targeting members of civil society,the government continued to curtail the civic space. A notable example of this problem is the statements issued by the State Security Service regarding the training conducted for the artistic field and the launch of the investigation under the pretext of a "revolution," leading to interrogations of representatives from the fields of art and civil society.
Regarding freedom of expression and media, a positive evaluation should be given to the fact that the President of Georgia pardoned Nika Gvaramia, the founder of the TV company "Mtavari Aharki." However, it is essential to note that harassment and pressure on critical media and journalists persisted throughout the reporting period. Moreover, the adoption of new media accreditation and security rules in the Parliament, along with amendments to the Law on "Broadcasting" introduced new risks of arbitrary decisions. As for the abuse of legislation and legal mechanisms, the trend of filing lawsuits (known as SLAPPs) against civil society representatives and the media, under the pretext of defamation persisted. Disturbingly, dangerous precedents were identified involving fines for expressions made in the online space. Furthermore, the prevalence of aggressive and defamatory rhetoric directed at journalists and media representatives is alarming.
Regarding artistic freedom, amid allegations of personnel purges in the cultural sector, it is significant to highlight that in 2023, multiple court decisions declared the dismissal of employees from various cultural institutions as illegal. Furthermore, it is significant to highlight the protest staged by representatives of the arts against the appointments of heads at the Cinema Center and the House of Writers, intending to preserve the independence of the field.
In 2023, achieving full realization of freedom of assembly remained a significant challenge. Notably, in March, protests against the adoption of the "Russian law" were forcibly dispersed by law enforcement officers in violation of the law, employing disproportionate force. Furthermore, the troubling practice of administratively arresting protestors by law enforcement, followed court-imposed penalties, persisted. This approach disregards human rights protection standards and utilizes the 1984 Code of Administrative Offenses as a tool, which is incompatible with contemporary human rights standards. Aside from unwarranted interference with the freedom of assembly, the government continues to neglect its positive obligation to guarantee the freedom of assembly for members and supporters of the LGBTQ+ community. Notably, on July 8, 2023, hate groups disrupted the "Pride Festival." The authorities failed to take appropriate preventive measures, resulting in a substantial violation of the freedoms of expression and assembly for LGBTQI+ individuals. Moreover, the alarming threat of legislative deterioration is evident regarding the freedom of assembly. The Parliament approved amendments to the "Assembly and Demonstrations" Law and the Code of Administrative Offenses in three readings, introducing new grounds for prohibiting the establishment of temporary structures during assemblies/demonstrations. Despite parliamentary approval, the President of Georgia vetoed these legislative amendments. Notably, both the Public Defender and the Office for Democratic Institutions and Human Rights (OSCE/ODIHR) criticized the draft laws for the risks they pose in unjustifiably restricting freedom of assembly.
Regarding the protection of equality, we saw an unfortunate legislative deterioration in 2023. Notably, under the regulations introduced in the defense sector, the clergy, excluding those of the Orthodox Church exempted from military obligation by constitutional agreement, were obligated to undertake alternative labor service. This resulted in an unequal treatment of clergy of other non-dominant religious organizations and religious minorities. In the context of minority group equality, the challenge of anti-LGBT rhetoric persisted, and there were issues with inadequate cooperation with civil society in formulating the draft action plan for the state strategy on civil equality and integration for 2023-2024. Additionally, it's noteworthy that in 2023, courts ruled on the illegality of dismissals from various public institutions or LEPLs in labor disputes where plaintiffs alleged a political motive behind their dismissals.
In 2023, significant challenges persisted within the judicial system. Despite aspirations for EU accession, the European Commission's recommendation to reform the judicial system saw limited progress and remained unimplemented. Informal influences on the judicial system also endured, evident in the imposition of sanctions by the US State Department on current and former judges, the election process of non-judicial members of the High Council of Justice, and personnel changes within the judicial system. Furthermore, the holding and progress of sessions of the High Council of Justice faced difficulties in 2023.
In the broader context of human rights protection, a significant development occurred on November 8, 2023, when the European Commission issued a positive recommendation for granting candidate status to Georgia. Alongside this recommendation, the European Commission outlined nine essential steps for Georgia to undertake. These steps encompass institutional reforms, enhancements in human rights protection, efforts against anti-European disinformation, alignment of Georgia's foreign and security policy with EU policies, and addressing other fundamental issues.
The establishment of a democratic society requires the presence of political will, demonstrated through the government's commitment to safeguarding human rights and freedoms within the country while upholding the rule of law. This foundation is indispensable for national development and the attainment of prosperity. Addressing the challenges outlined in the report is an integral aspect of reaching the progress ], with far-reaching impact on the European integration of the country, enhancing the state of human rights protection in Georgia and fostering conditions conducive to achieving prosperity.
