Georgia’s constitution provides for an executive branch that reports to the prime minister, a unicameral parliament, and a separate judiciary. The government is accountable to parliament. The president is the head of state and commander in chief. Under the constitution that came into force after December 2018, future presidents are not elected by popular vote, but by members of parliament. The Organization for Security and Cooperation in Europe deployed a limited number of observers for the October 31 parliamentary elections due to COVID-19; in a preliminary assessment, the observers stated the first round of the elections was competitive and, overall, fundamental freedoms were respected, but “pervasive allegations of pressure on voters and blurring of the line between the ruling party and the state reduced public confidence in some aspects of the process.”
The Ministry of Internal Affairs and the State Security Service of Georgia have primary responsibility for law enforcement and the maintenance of public order. The ministry is the primary law enforcement organization and includes the national police force, the border security force, and the Georgian Coast Guard. The State Security Service of Georgia is the internal intelligence service responsible for counterintelligence, counterterrorism, and anticorruption efforts. There were indications that at times civilian authorities did not maintain effective control of domestic security forces. Members of the security forces allegedly committed some abuses.
Significant human rights issues included: serious problems with the independence of the judiciary along with detentions, investigations and prosecutions widely considered to be politically motivated; unlawful interference with privacy; limited respect for freedom of peaceful assembly and association; and crimes involving violence or threats targeting lesbian, gay, bisexual, transgender, and intersex persons.
The government took steps to investigate some officials for human rights abuses, but impunity remained a problem, including a lack of accountability for the inappropriate police force used against journalists and protesters during June 2019 demonstrations and the 2017 abduction and rendition from Georgia of Azerbaijani journalist and activist Afgan Mukhtarli.
Russian-occupied regions of Abkhazia and South Ossetia remained outside central-government control and de facto authorities were supported by Russian forces. The 2008 ceasefire remained in effect, but Russian guards restricted the movement of local populations. Significant human rights issues in the regions included: unlawful killing, including in South Ossetia; unlawful detentions; restrictions on movement, especially of ethnic Georgians; restrictions on voting or otherwise participating in the political process; and restrictions on the ability of ethnic Georgians to own property or register businesses. While there was little official information on the human rights and humanitarian situation in South Ossetia, de facto authorities refused to permit most ethnic Georgians driven out by the 2008 conflict to return to their homes in South Ossetia. De facto authorities did not allow most international organizations regular access to South Ossetia to provide humanitarian assistance. Russian “borderization” of the administrative boundary lines increased, further restricting movement and separating residents from their communities and livelihoods. Russian and de facto authorities in both regions committed abuses with impunity.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
Rape and Domestic Violence: Rape is illegal, but criminal law does not specifically address spousal rape. A convicted first-time offender may be imprisoned for up to eight years. The government did not enforce the law effectively.
At the end of 2019, the head of the Sapari women’s organization, Baia Pataraia, alleged the enforcement of the law on sexual crimes was problematic. Investigative authorities lacked training on effective procedures on case handling and evidence collection. Victims were often told to focus on physical violence as proof of sexual violence. GYLA reported sexual violence was prevalent and underreported. In only a small number of reported cases were perpetrators convicted. Prosecutors applied overly burdensome evidence requirements for bringing charges against perpetrators of sexual violence, while overwhelmingly strict requirements for convictions of sexual violence crimes were applied by judges.
During the year a study by the Public Defender’s Office into cases of sexual violence revealed a number of serious legislative shortcomings in regulation of crimes involving sexual violence, as well as in investigation, criminal prosecution, and court hearing of such crimes, falling short of the standards of Council of Europe Convention on preventing and combating violence against women and domestic violence (Istanbul Convention) and international human rights. The analysis of the cases showed that in the cases of rape and other sexual violence, the court did not consider the absence of a victim’s consent an integral part of the definition of crime. Furthermore, the legislation does not consider a broad spectrum of circumstances that may affect the victim’s will and provides for a disproportionately lenient punishment for a crime committed in certain conditions.
The law criminalizes domestic violence. In cases that do not result in injury, penalties for conviction of domestic violence include 80 to 150 hours of community service or imprisonment for up to one year. Domestic and gender-based violence remained a significant problem that the government took several steps to combat. The Ministry of Internal Affairs had a risk assessment tool that enables a police officer to decide whether to issue a restraining order based on a questionnaire available in the restraining order protocol, the data assessment, and risk analysis. In addition, if there is a high risk of recurrence of violence, a system of electronic surveillance allows the Ministry of Internal Affairs permanently to monitor abusers 24 hours a day. The high rate of domestic violence showed reporting of incidents increased in the country and that police were responding. Shortcomings, however, remained. In one example, in October 2019 an employee of the Tbilisi City Council accused councilmember Ilia Jishkariani of sexual assault and beating. The Prosecutor’s Office charged Jishkariani with sexual and other violence; however, the trial at Tbilisi City Court had not begun as of year’s end.
The Public Defender’s Office highlighted a shortage of measures to prevent violence against women and to empower survivors of domestic violence. The office analyzed gender-based killings (femicides) and concluded they demonstrated an absence of mechanisms to prevent violence against women in the country.
As of year’s end, the Ministry of Internal Affairs opened 90 investigations into allegations of rape and the Prosecutor General’s Office prosecuted 44 individuals on rape charges, compared with 29 in 2019.
During the year and in 2019, parliament approved amendments to the Law on Violence against Women and Domestic Violence that eliminated shortcomings in the law concerning the detection of domestic violence in minors by crisis and shelter staff. The law also promotes a prevention-oriented approach to correct abusers’ behavior and reduce recidivism. Overall, the Public Defender’s Office and women’s rights NGOs welcomed the new legislation but emphasized the need for the government to improve coordination between government agencies working on the issue.
NGOs and the government expanded the services provided to survivors of domestic violence in recent years. GYLA reported that considering the increase of domestic violence cases by one-third worldwide during the pandemic, the official statistics on domestic violence and violence against women did not change significantly, which indicated a possible underreporting of domestic violence incidents by victims.
Domestic violence laws mandate the provision of temporary protective measures, including shelter and restraining orders that prohibit an abuser from coming within 330 feet of the survivor and from using common property, such as a residence or vehicle, for six months.
Local NGOs and the government jointly operated a 24-hour hotline and shelters for abused women and their minor children, although space in the shelters was limited and only four of the country’s 10 regions had facilities.
In 2019 UN Women conducted a population-level survey and a study on gender-based violence, according to which women’s biggest risk in Abkhazia was violence from intimate partners, with 15 percent of respondents having experienced physical abuse, 30 percent emotional abuse, and 8 percent sexual violence in their lifetime, while 5 percent experienced physical abuse, 14 percent emotional abuse and 7 percent sexual violence in the last 12 months. This risk was more pronounced in rural areas, where 22 percent experienced physical violence, 32 percent emotional violence, and 15 percent sexual violence in their lifetime. Violence by nonpartners was also a problem, with 15 percent of the women surveyed reporting at least one form of physical or sexual violence in their lifetime by a nonpartner.
Authorities worked to combat domestic and gender-based violence during the COVID-19 pandemic. In cooperation with the NGO Women’s Information Center, short text messages were sent to the population on April 14-15 in Georgian, Azerbaijani, and Armenian, explaining the mechanisms and forms of reporting domestic violence to police. The short text message had a built-in link that allowed the user to download an emergency services application and, if necessary, use the silent alarm button to send a message. After sending the text message, up to 5,000 users downloaded the application. The government also produced a video with information on legal instruments and services available in the country against domestic violence and gender-based violence that was shown on both public and commercial television channels.
Other Harmful Traditional Practices: Kidnapping women for marriage occurred in remote areas and ethnic minority communities but was rare. The Public Defender’s Office reported some cases of kidnapping for forced marriage and early marriage in its 2019 report. The practice of early marriage and engagement remained a significant challenge. Similar to previous years, the lack of coordination among law enforcement agencies, social services, and establishments of secondary education concerning early marriage and engagement was problematic. There was no effective referral mechanism to identify and prevent incidents of early marriage and engagement. The Ministry of Internal Affairs reported that in the first half of the year, the Human Rights Protection and Investigation Quality Monitoring Department held a number of meetings and participated in various activities to eliminate child marriage crimes and raise public awareness about the problem as well as provide timely reporting to police.
Sexual Harassment: Sexual harassment is illegal under the code of administrative offenses but is not criminalized; it remained a problem in the workplace. Under the law sexual harassment is considered a form of discrimination and is defined as an unwanted physical, verbal, or nonverbal action of a sexual nature that aims to or results in the degradation of a person or creation of a hostile environment for that person. Based on amendments to laws on sexual harassment in 2019, the public defender analyzes the case and provides recommendations on the case to authorized persons at the institution where the violation took place. During the year the Public Defender’s Officer examined eight allegations of sexual harassment and identified violations in five instances. For example, in June the public defender found evidence of sexual harassment committed by a doctor against a woman in quarantine. Under May 2019 amendments to the code of administrative offenses, sexual harassment victims may file complaints with police. If found guilty, a person can be fined 300 lari ($90); repeated violations result in a fine of 500 lari ($150) or correctional work for up to one month. Repeated violations in the case of a minor, a pregnant woman, a person unable to resist due to physical or mental helplessness, a person with a disability, or in the presence of a minor with prior knowledge leads to a fine of 800 to 1,000 lari ($240 to $300), correctional labor for up to one month, or administrative detention for up to 10 days.
The public defender considered especially problematic a selective approach applied by the state to instances of violence against women and domestic violence involving influential persons as abusers. In such cases, the approach of the state changed and response was delayed, leaving the impression that preference was given not to victims’ rights but to abusers’ interests. Victims often had to go public to prompt action by relevant authorities.
Reproductive Rights: The law does not regulate the number, spacing, or timing of children for single people or couples. The country regulated the use of surrogacy services, and only heterosexual couples have a right to surrogacy services. In August the Ministry of Justice amended the decree regulating civil acts, restricting the right to surrogacy to heterosexual couples who have been married or living together for more than one year. Women and LGBTI rights organizations considered this a violation of the rights of single women and LGBTI persons who wanted to have a child. The law requires gender confirmation surgery for legal gender-identity change and does not provide transgender individuals who do not wish to undergo confirmation surgery the legal ability to change their gender identity.
The UNFPA reported that women from minority communities, women from rural areas, and poor women faced barriers in accessing information related to their reproductive health.
There were no legal, social, or cultural barriers to access contraception, and contraceptives were available in pharmacies or by prescription, with a prescription exemption for emergency contraceptives. The UNFPA reported, however, that financial barriers limited access to customized contraceptive options for many women.
According to the Public Defender’s Office, limited access to information about contraceptives remained a challenge for girls and women of childbearing age. The office stated human sexuality education was not fully integrated into school curriculums. Programs in schools failed to provide information to teenagers about safe sexual relations. The lack of comprehensive education prevented girls from defending themselves from early marriage and early pregnancy. According to a UNFPA 2020 report, during 2019 there were 29 births per 1,000 girls 15 to 19 years of age.
The Public Defender’s Office stated in 2019 that poor funding and lack of information limited the use of contraceptives and resulted in unplanned pregnancies for women of childbearing age. Women in rural areas, especially remote mountain villages, lacked regular access to family planning services and clinics. Women often had to travel to larger towns for these services, causing additional financial burden.
There were no barriers to receiving skilled personal medical attention during pregnancy and childbirth. During the year, however, the use of maternal health
services decreased due to the COVID-19 pandemic, both due to fear of infection and movement restrictions.
The Public Defender’s Office reported a lack of post-partum care needed for the prevention of maternal mortality and for maintaining women’s mental and physical well-being. Maternal health services were somewhat limited for women who spoke languages other than Georgian.
The Agency for Social Care, under the Ministry of Internally Displaced Persons from the Occupied Territories, Labor, Health and Social Affairs, provided medical, psychological, legal, and other kinds of help to survivors of sexual violence. The agency operated two shelters for survivors and their minor children.
The UNFPA reported that the state funded services for victims of sexual violence based on a 2018 decree. The decree stipulates the state budget will fund certain services, including, but not limited to, emergency contraceptives and postexposure prophylaxis. Regulations, however, require victims of sexual assault–who may hesitate to come forward–to notify police to receive these services, which can be a barrier for victims and health specialists. Victims of trafficking in persons and domestic violence do not need to cooperate with police to receive services.
Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.
Discrimination: Civil society organizations continued to report discrimination against women in the workplace. The Public Defender’s Office monitored gender equality complaints, in particular those involving domestic violence and workplace harassment, and stated that gender equality remained a problem, despite a number of steps taken in the past few years to enhance legislative and institutional mechanisms. The office considered the small number of government projects, programs, and initiatives designed to empower women to be inadequate to achieve gender equality.
In August the Ministry of Justice passed amendments to the decree regulating the procedure for approving the registration of civil acts. As of September 1, only couples who are officially married for at least one year or can prove they have lived together for at least one year have the right to hire a surrogate and have a child. Women’s rights organizations considered this a violation of the rights of single women who are not officially married and want to have a child. The Ministry of Justice’s stated goal was to decrease trafficking risks, but the decision affected single women and men who cannot have children and planned to use surrogacy services. The legislation gives the right to become a parent with surrogacy help only to couples.
Acts of Violence, Criminalization, and Other Abuses based on Sexual Orientation and Gender Identity
The law makes acting on the basis of prejudice because of a person’s sexual orientation or gender identity an aggravating factor for all crimes. According to NGOs, however, the government rarely enforced the law. The Human Rights Department of the Ministry of Internal Affairs trained officers on hate crimes.
The Public Defender’s Office reported LGBTI individuals continued to experience systemic violence, oppression, abuse, intolerance, and discrimination. LGBTI rights organizations reported several instances of violence against LGBTI individuals during the year. Authorities opened investigations into several of the cases. The office reported that violence against LGBTI individuals, whether in the family or in public spaces, was a serious problem and that the government was unable to respond to this challenge.
LGBTI organizations, NGOs, and the Public Defender’s Office reported the government’s ineffective antidiscrimination policy reduced the LGBTI community’s trust in state institutions, and they pointed to homophobic statements by politicians and public officials as furthering hatred and intolerance against the LGBTI community.
Starting in May and continuing through the summer, there were numerous vandalism attacks and anti-LGBTI demonstrations at the Tbilisi Pride office. On May 26, a flag was stolen from the office of Tbilisi Pride. As of year’s end, an investigation was underway. On June 7, black paint and eggs were thrown at the Tbilisi Pride’s office and at the flag displayed on the office’s balcony. The Tbilisi City Court found four persons in violation of the administrative law; three were verbally warned, and one received a fine of 500 lari ($150). On July 21-22, painted eggs were thrown at the flag displayed on the office’s balcony and into the building’s entrance. The investigation continued at year’s end. On August 3, painted eggs were again thrown at the pride flag on the office’s balcony. The case was pending at year’s end. During an October meeting with the Public Defender’s Office, LGBTI organizations expressed frustration that only the attackers were investigated and none of the organizers behind the attacks had been investigated or charged. LGBTI organizations claimed that persons who were charged were only pawns organized and paid by Levan Vasadze and other prominent anti-LGBTI figures.
As of December the Public Defender’s Office had received six complaints of discrimination on the basis of sexual orientation and gender identity. One of the complaints was from a transgender woman in prison who claimed she was unable to receive the medication required for her hormonal treatment. In another case, the claimant alleged being threatened due to the claimant’s sexual orientation but police did not respond appropriately. In the third case, the claimant alleged being physically attacked and injured on the head by a man not known to the victim. An NGO lawyer told the Ministry of Internal Affairs that, due to the low trust among LGBTI individuals in local law enforcement organizations, the victim appealed to the Public Defender’s Office to monitor the investigation process.
In June 2019 the Ministry of Internal Affairs charged one person for making death threats on the basis of sexual orientation after he threatened an individual who made public statements against homophobia on May 17, the International Day against Homophobia, Biphobia, and Transphobia. As of year’s end, the case remained on trial at Batumi City Court.