26.06.2008 - Source: Civil Georgia

Public Defender’s Office and president’s council on tolerance and integration signed memorandum to cooperate in strengthening of ethnic minority rights ("Ombudsman, President’s Council Agree to Cooperate on Ethnic Minority Rights") [ID 23591]

Document(s): Open document

26.09.2007 - Source: UK Home Office

Georgian government generally respects the rights of ethnic minority groups; no evidence that either state or non-state agents persecute such individuals on account of their regional origins ("Operational Guidance Note; Georgia") [ID 21234]

" Due to the ongoing tense relationship between the Georgian government and the separatist regions there may be some antipathy directed towards Abkhazians and South Ossetians within Georgia, and Yezidi Kurds are often viewed as being at the lower end of the social scale. However, the Georgian government generally respects the rights of ethnic minority groups and there is no evidence that either state or non-state agents persecute such individuals on account of their regional origins, minority ethnic group or imputed association with the separatist authorities in those regions. Therefore it is unlikely that claimants from this category of claim will qualify for a grant of asylum of Humanitarian Protection."

Document(s): Open document

09.08.2007 - Source: Institute for War and Peace Reporting

New national entrance exam for universities and colleges requires knowledge of Georgian, in which ethnic minorities are not generally fluent; facing this barrier, many ethnic Armenians and Azerbaijanis end up studying abroad ("Minorities Face University Barrier") [ID 20849]

Document(s): Open document

06.2007 - Source: Freedom House

The genuine participation of ethnic minorities is especially low; they are underrepresented in all branches of power at the national level and in some regions at the local level as well ("Nations in Transit 2007") [ID 20548]

"The genuine participation of ethnic minorities is especially low (though their formal turnout in elections is relatively high). According to a 2002 census, ethnic minorities constitute more than 16 percent of the population (not counting the breakaway regions of Abkhazia and South Ossetia) and are concentrated largely in two provinces, Kvemo Kartli and Samtskhe-Javakheti. The majority do not speak Georgian, which is the country’s only official language. This effectively disqualifies them from public and political life at the national level.

Ethnic minorities are underrepresented in all branches of power at the national level and in some regions at the local level as well. They are also rarely involved in political parties other than those in power."

Document(s): Open document

04.2007 - Source: European Centre for Minority Issues

Government created a legal platform for upholding international human and minority rights standards, but no national legislation in this regard; no authority assigned to deal with the integration of regions and/or minorities ("Javakheti after the Rose Revolution: Progress and Regress in the Pursuit of National Unity in Georgia") [ID 20026]

"Georgian government has created a legal platform for upholding international human and minority rights standards, but so far it has not managed to transform these intentions into national legislation (e.g. into a law on national minorities) and concrete policy action. Similarly, there is no authority assigned to deal with the integration of regions and/or minorities, and therefore both duplication and uncertainty complicates the resolution of these issues. It is important to bear in mind this overall weakness in institutional capacities and responsibilities while considering the situation in Javakheti – as well as the distance between Javakheti and central structures."

Document(s): Open document

04.2007 - Source: European Centre for Minority Issues

National minorities remain heavily under-represented in central posts in Georgia; no proper mechanisms for developing consistent strategies, creating action plans and implementing regional development or infrastructural standards on national minorities ("Javakheti after the Rose Revolution: Progress and Regress in the Pursuit of National Unity in Georgia") [ID 20027]

"National minorities, including ethnic Armenians, remain heavily under-represented in central posts in Georgia.[…]

In conclusion, it can be said that there are still no proper mechanisms for developing consistent strategies, creating action plans and implementing regional development or infrastructural standards on national minorities. Neither are national minorities sufficiently represented in political institutions. These two factors are major impediments to the successful establishment of national unity, and a civic idea of Georgian citizenship."

Document(s): Open document

13.02.2007 - Source: Council of Europe - European Commission against Racism and Intolerance

There are virtually no prosecutions for racist acts or racial discrimination; there is a lack of awareness in the criminal justice system of the problem of racism, intolerance and racial discrimination ("Second report on Georgia: Adopted on 30 June 2006 and made public on 13 February 2007 [CRI(2007)2]") [ID 19172]

"Despite the increase in the number of cases concerning Article 142, ECRI notes that there are virtually no prosecutions or convictions for racist acts or racial discrimination. The explanation sometimes given is that such acts are very rare in Georgia. It has been pointed out, however, that there is a lack of awareness in the criminal justice system, including on the part of the police, of the problem of racism, intolerance and racial discrimination. The general public itself is apparently not sufficiently aware that such acts are criminal offences and that complaints may be lodged with the police or the prosecutor on these grounds. Lastly, lack of confidence in the judicial system has been widely suggested as the reason why people in Georgia often refrain from getting involved with it: they consider that it is pointless to do so, or that applying to a court might even be counterproductive. In this domain, ECRI notes with concern the reports of NGOs end intergovernmental organisations referring to serious problems in the functioning and also the independence of the courts."

Document(s): Open document

13.02.2007 - Source: Council of Europe - European Commission against Racism and Intolerance

Prejudice against ethnic minorities is still very common; ethnic minorities are under-represented in administration and political institutions, even in those regions where they are the majority community ("Second report on Georgia: Adopted on 30 June 2006 and made public on 13 February 2007 [CRI(2007)2]") [ID 19177]

"As regards society, stereotyping of ethnic minorities and prejudice against ethnic minorities are still very common. The majority population is not sufficiently sensitive to the problem and to a large extent is unaware of the culture or situation of ethnic minorities. Its basic assumption is not always that the ethnic minorities are an integral part of Georgian society. In the absence of statistics or detailed studies of the matter, it is difficult to tell whether the stereotypes and prejudice lead to racial discrimination, particularly in employment and housing etc. However, the many studies of the ethnic minorities note that members of them complain of being, and feel that they are discriminated against. In same cases the situation in which the ethnic minorities find themselves does not seem to be different from that affecting the majority, but lack of communication, in particular with the authorities, can fuel such sentiments.  

The feeling of sometimes being abandoned by the state results in particular from ethnic minorities‘ under-involvement in public and political life. lt is generally admitted, even in the absence of reliable figures, that the ethnic minorities are under-represented in administration, political institutions such as parliament and the government, and also local institutions, even in those regions where they are the majority community. The situation is of course closely linked to the language issue, but that is not the sole factor: some members of ethnic minorities have stated that, quite apart from the question of command of the language, it can be very difficult for a member of an ethnic minority to gain promotion in an administrative service."

Document(s): Open document

13.02.2007 - Source: Council of Europe - European Commission against Racism and Intolerance

Ethnic minorities do not speak Georgian or speak it very little; this affects their relation to Georgian authorities and has caused major problems in transmitting information to the population; language barrier isolates ethnic minorities ("Second report on Georgia: Adopted on 30 June 2006 and made public on 13 February 2007 [CRI(2007)2]") [ID 19182]

"The realities of daily life have very little to do with the legislation, notably in the regions of Samtskhe-Javakheti and Kvemo-Kartli, which have, respectively, large Armenian and Azerbaijani communities. It is generally acknowledged that, outside the capital, and in particular in the regions where they have large concentrations, ethnic minorities do not speak Georgian or speak it very little. For historical reasons a large proportion of them speak Russian, which for a long time was the lingua franca between ethnic groups in Georgia. That state of affairs is on the way out, however, and the younger generations of ethnic minorities, no longer really learning Russian but not necessarily learning Georgian instead, now tend to speak only their mother tongue.  

The linguistic situation of ethnic minorities is bound to affect their relations with the Georgian authorities. Those relations are seldom in line with the abovementioned legislation requiring use of the official language in all cases. In Javakheti, for example, the commonest language for administrative purposes is Armenian for spoken transactions and Russian for written ones. The same applies to the courts. Officials who have long been in post in regions where minorities account for a large proportion of the population generally speak their mother tongue and/or Russian, not Georgian. Up until now, this has caused major problems in transmitting information to the population and even to officials, as Georgian legislation is not translated.  

The language barrier likewise makes information less available about what is happening in the country and in national society, which isolates ethnic minorities, in particular those highly concentrated in certain areas. Although there are minority-language media which receive grant aid from the government, minorities do not have access to information from the capital because it is mainly circulated in Georgian. "

Document(s): Open document

10.2006 - Source: European Centre for Minority Issues

Members of national minorities are under-represented in national and local organs; one of the reasons is that Georgian language is the only official language ("Implementing the Framework Convention for the Protection of Minorities in Georgia: A Feasibility Study") [ID 17758]

"Levels of recruitment of persons belonging to national minorities to administrative organs in Georgia vary from minority to minority and from place to place. Generally speaking, however, persons belonging to national minorities are under-represented both at national and at local level. At the time of writing only one out of seventeen ministers and state ministers, Zinaida Bestaeva (an ethnic Ossetian) was a persons belonging to a national minority. [...] Moreover, few persons belonging to national minorities hold key positions at rayon (district) level either; at the time of writing there were only two rayons in Georgia where the state administrator (gamgebeli or acting gamgebeli) belonged to national minorities.  These two rayons are Akhalkalaki and Ninotsminda rayons (known collectively as Javakheti), where both gamgebelis are Armenians. In this respect, a divergence can be observed between Javakheti, where a large majority of the population is Armenian, and Marneuli, Bolnisi and Dmanisi rayons in Kvemo Kartli, where a majority of the population is Azeri. [...] In addition, very few city mayors belong to national minorities; only two directly elected city mayors are non-Georgians (those of Akhalkalaki and Marneuli). One of the reasons behind the under-representation of persons belonging to national minorities in Parliament is Article 6 of the Law on Political Associations of Citizens (1197) that states that ‘no party can be established according to the regional or territorial principle’ and Article 11 of the same law that prohibits ‘restriction of party membership according to race, skin colour, language, sex, religion, national, ethnic and social belonging.’ [...] There is even a risk that the under-representation of minorities in parliament may become even more severe after the next parliamentary elections, scheduled for 2008. According to the Unified Election Code of Georgia (as amended in August 2003) those elected to the Georgian Parliament must ‘know the Georgian language’ (Article 92.1), a provision that was due to come into force on 1 January 2005. [...]  As to the low levels of representation of persons belonging to national minorities in bodies of state administration in general, this is mainly the result of their lack of competence in the state language, especially in regions in which they are territorially concentrated. [...] Article 14 states that ‘[t]he official language of administrative proceeding shall be Georgian. The additional official language of administrative proceeding in Abkhazia shall be Abkhazian.’ [...] It must be noted, however, that hitherto these laws have either been ignored or have been applied selectively. Within the administrative organs of Akhalkalaki and Ninotsminda districts, in particular, Armenian and Russian are widely used despite the provisions of the Administrative Code. Neither the gamgebeli or Akhalkalaki nor that of Ninotsminda, nor most staff members in the gamgeobas of the two rayons have command of the state language. Indeed, in Javakheti at the time of writing the gamgeobas in Akhalkalaki and Ninotsminda and their supervised agencies were exempt from language qualification exams, which is a violation of the Law on Public Service. Hitherto, an informal arrangement has prevailed, whereby a local Armenian elite consisting of wealthy and powerful Armenians has been allowed to govern the region in return for their support for the centre. [...] During 2005, there were isolated incidents in Javakheti of existing (Armenian) staff being replaced by Georgians in the Notary’s Office and in the local office of the Ministry of Justice on the grounds that they were unable to speak the state language. [...] There are even greater problems in recruiting persons belonging to smaller minorities into state structures. Representation of Kurds (Yezids), Greeks and Ossetians in state structures are particularly low. Although there remain a handful of Kurds in law enforcement structures as a leftover from the communist period when Kurds were placed in these positions to police their own community, these are now very few and Kurds are virtually unrepresented in all other state structures. There are also very few Greeks in state structures, except for a few members of staff in Tsalka district gamgeoba and a couple of Greek policemen, also in Tsalka. As for the Ossetian community, the one minister and one members of parliament are virtually the only individuals to occupy senior positions in state structures. [...] As of 2005, the government did indeed begin to take active steps to ensure the recruitment of persons belonging to national minorities into bodies of public administration. With this end in mind, in December 2005 it established a new school of public administration, named after the late prime minister Zurab Zhvania, in Georgia’s second city of Kutaisi."

Document(s): Open document

10.2006 - Source: European Centre for Minority Issues

Rule of law regarding national minorities; national minorities are awarded the same protection before the law like Georgians; apart from some incidents law is generally respected ("Implementing the Framework Convention for the Protection of Minorities in Georgia: A Feasibility Study") [ID 17759]

"Similarly the Criminal Code (1999, last amended 2006) makes special mention of ethnically and religiously motivated crime. Article 147 is specifically targeted towards discrimination:   1. Violation of the equality of humans based on race, colour, language, sex, religion, belief, political view, or national, ethnic, social belonging, also based on origin, place of residence and material conditions, that violated their human rights and legal interest shall be punished by a penalty equal to from fifty to hundred times the daily salary, or by labour in a penalty for a period up to one year, or by the deprivation of liberty for a period up to two years. 2. The same action committed as a result of abuse of authority that was followed by grave consequences shall be punished by a penalty equal to from hundred to hundred and fifty times the daily salary, or by the deprivation of liberty for a period up to three years with or without dispossession of the right to work for a period up to five years.   Moreover, according to the Criminal Code ‘national, ethnic, racial and religious hatred or hostility’ is an aggravating circumstance for crime in general and for pre-meditated murder and pre-meditated injury to health specifically. In addition, genocide, defined as an ‘action committed for the fulfilment of an agreed plan to completely or partly annihilate some groups of people united under national, ethnic, racial, or religious motive’ is punishable either by anything from twelve years imprisonment to indefinite imprisonment. Thus at least the letter of the law appears to protect persons belonging to national minorities adequately. As to whether persons belonging to national minorities are treated equally by law enforcement agencies or whether they are targeted disproportionately, if we look at the general picture we find no evidence of systematic discrimination. Out of a total prison population of 12,500 in 2006, just over two thousand prisoners belong to national minorities. Thus, the proportion of persons belonging to national minorities in prison corresponds almost exactly with the proportion of persons belonging to national minorities amongst the population at large. However, individual instances of discrimination against persons belonging to national minorities by law enforcement agents have been reported. [R]eport on human rights presented by the Public Defender of Georgia to the Georgian Parliament in December 2005 catalogues a number of cases of discrimination and arbitrary repression by police and security services.52 In particular, there was the case of an Armenian man in Akhaltsikhe who was forced to sign a protocol of his interrogation even though it was written in Georgian, a language he did not understand. He was also denied the assistance of an interpreter. [...] The Georgian Constitution (Article 85.2) stipulates that in legal proceedings ‘[a]n individual not having command of the state language shall be provided with an interpreter’ and this constitutional clause is also incorporated into the 1997 Law on Common Courts. In most cases this legal stipulation is implemented in reality, although as the case in Akhaltsikhe demonstrates, there are some isolated instances in which this law is not implemented. The main problem, however, remains the degree of knowledge amongst persons belonging to national minorities about the laws that are supposedly protecting them. [T]he Armenian and Azeri inhabitants of Javakheti and Kvemo Kartli are especially disadvantaged in this respect. Local and national NGOs have worked hard in recent years to acquaint these communities with their laws, but more work needs to be done. [...] As to the final point, whether international treaties ratified by the Georgian Parliament have priority over domestic law, the answer is in the affirmative. [...] An international treaty or agreement of Georgia unless it contradicts the Constitution of Georgia, the Constitutional Agreement, shall take precedence over domestic normative acts.’ It is clear, therefore that in the event of a contradiction, the FCNM will take precedence over domestic law, as long as it does not violate the Constitution.  "

Document(s): Open document

10.2006 - Source: European Centre for Minority Issues

Implementing the Framework Convention for the Protection of National Minorities in Georgia: A Feasibility Study ("Implementing the Framework Convention for the Protection of Minorities in Georgia: A Feasibility Study") [ID 18369]

Document(s): Open document

02.05.2006 - Source: Civil Georgia

In a speech Saakashvili says that Georgia will give equal opportunities to all citizens, regardless of their ethnic background; he emphasises the regions Javakheti (Armenians), Kvemo Kartli (Azeri) and South Georgia (Greeks) ("President Speaks of Equal Opportunities for Ethnic Minorities") [ID 15548]

Document(s): Open document

12.2005 - Source: European Centre for Minority Issues

Since breakdown of Soviet Union, minority groups were often seen as factor of destabilization; lack of effective policies from government has resulted in demographic changes and number of minorities has decreased by 56% since 1989 ("'Towards Ratification' - Conference on the Framework Convention for the Protection of National Minorities") [#42896],  [ID 4988]

"Attempts to strengthen civil society and enhance the development of democratic governance has undergone several contradictory stages, which have resulted in the rise of tensions, intolerance and mutual mistrust resulting in fragmentation of society at the expense of peace and stability. [...] minority groups have often been presented as a factor of destabilization and as a threat rather than as a resource that could contribute to the state-building process.
The first stage coincides with the immediate aftermath of the Soviet Union’s breakdown: the radical nationalist forces that came into power in Georgia implemented discriminatory policies undermining the position of national minorities in society (at that time national minorities constituted over 30% of Georgia’s population). This negative attitude resulted in the escalation of conflict and the exclusion of national minorities from decision-making powers and from the State administrative bodies. [...] one third of the population - the ethnic minorities - were excluded from the civil society building process.
The second stage took place after the radical and nationalist president Zviad Gamsakhurdia was dismissed, and the former leader of the Georgian Soviet Republic, Eduard Shevardnadze, who had a broad understanding of Georgian society’s problems and concerns, came to power. His appointment resulted in the reasserted control over the interethnic confrontations that had just started in Kvemo Kartli and in Samtskhe-Javakheti regions as well as in Tbilisi. [...] Although the President’s role was regarded as a guarantee for interethnic stability in Georgia, in practical terms no concrete action or policy aiming at fostering peaceful interethnic coexistence ever took place; neither did any attempt to consolidate the civil society, which meant that the country’s stability rested on a cult rather than on concrete policies and legislative provisions.
The third stage of Georgia’s independence began with the ‘Rose Revolution’. The period preceding the Rose Revolution was marked by a radicalization of interethnic distrust and intolerance, which brought into question the very existence of national minorities in Georgia. Since 2004, the society has calmed down, and the declaration of equality of all citizens, regardless of their ethnic and religious background, has regained a new emphasis. However, up to the present moment many problems of ethnic minorities remain unsolved. [...]
[T]he government’s inability to find effective solutions and to implement concrete policies has resulted in drastic demographic changes: between 1989 and 2002 the number of ethnic minorities in Georgia has declined from 1.613.000 to 710.000 people, i.e. national and ethnic minorities’ presence has decreased by 56%, while according to official statistics, the ethnic Georgian population has decreased by only 3% during the same period."

Document(s): Open document

12.2005 - Source: European Centre for Minority Issues

According to Chairman of "Multinational Georgia" Movement, insufficient knowledge of Georgian language and limited access to information is hampering integration of minorities; minorities are also underrepresented in public bodies; despite constitutional guarantees of minority rights, implementation mechanisms are weak ("'Towards Ratification' - Conference on the Framework Convention for the Protection of National Minorities") [#42896],  [ID 4989]

"Arnold Stepanian, Chairman of the Public Movement “Multinational Georgia”

Some of the major factors hindering the integration of national minorities are the lack of knowledge of Georgian language and, related to this issue, the lack of access to information. Despite the implementation of a language program, major problems still persists; this leads to the conclusion that the new language program itself is ineffective. [...] Notwithstanding the fact that representatives of the largest ethnic groups can receive education in their mother tongue, and have the possibility to fulfil their cultural needs, there is still an urgent need to achieve the democratic standards in the field of human and minority rights protection. Inefficiency of the education system, inefficiency of the land reform process, scarce control over natural resources, insufficient participation, weak infrastructure, lack of communication/ information - all of these problems are the results of the negative attitude of both the government and the national minorities, Mr. Stepanian said.

Mr. Stepanian went on to say that [...] national minorities are still underrepresented in governmental, parliamentary and public administrative bodies. [...] according to official statistics, representatives of national minorities represented in the supreme legislative body of the country have never exceeded 6% of the members’ total number. Mr. Stepanian pointed out that a general attitude in society is based on prejudices towards representatives of national minorities and their participation in the country’s political life. [...] discriminative attitudes are widespread and this fact nurtures the minorities’ feeling of being excluded. As a matter of fact, in central bodies of governance there are only very few representatives of ethnic minorities; in regions they are denied the right to take part in the political life; the legislation of Georgia prohibits the organization of the national minorities into ethnic political parties.

The Georgian Constitution provides for general guarantees for the protection of basic minorities’ rights. For instance article 14 recognizes the principle of equal treatment before the law for all persons regardless of ethnic origin. In the same spirit, article 38 recognizes equal rights for all members of national minorities in the economical, political, cultural and other spheres of life. Despite the existence of this and other constitutional guarantees, Georgia’s legislative framework still lacks [...] specific provisions that could ensure the effective protection of the rights of national minorities: there are no legal provisions concerning the necessary knowledge of the state language, no legislative act accounts for the possibility of establishing political parties and organizations on the basis of ethnicity; there are no mechanisms that institutionalize dialogue between minority groups and the State’s central, regional and local authorities. [...] Georgia has to a certain extent complied with the standards set by the international community for the protection of minority rights. [...] reference can be made to both Georgia’s internal legislation as well as to the international treaties Georgia has already ratified. Mr. Stepanian [...] highlighted that despite the existence of a fairly rich legislative framework, Georgia’s engagement in the field of minority rights remains characterized by the weaknesses in the implementation mechanisms.[...] Mr. Stepanian regretted the prevalent attitude according to which “minorities are either less active or socially less important” and the perception that they are “a threat to the national unity"

Document(s): Open document

12.2005 - Source: European Centre for Minority Issues

Concept on the Policy Regarding the Protection and Integration of National Minorities, to be submitted to Parliament in October 2005, focuses on increasing knowledge of official language by minorities; Georgian government also allowed 450 non-Georgian schools to preserve minority rights ("'Towards Ratification' - Conference on the Framework Convention for the Protection of National Minorities") [#42896],  [ID 4990]

"Parliamentary Committee on Human Rights and Civic Integration [...] has decided to set as a priority the elaboration of a conceptual framework, which is available now as a draft document, namely the “Concept on the Policy Regarding the Protection and Integration of National Minorities”. [...]

The Concept further affirms the right of persons belonging to national minorities to receive education in their mother tongue; however, given the fact that the lack of command of Georgian language seems to be one the major factors hindering the participation of national minorities in State affairs, special attention is paid to the necessity of increasing the knowledge of the State’s official language among persons belonging to national minorities. In this respect Georgia has already attempted to develop some effective policies: in regions where minorities reside compactly, the State provides for inclusion of minority language in the local school programs. The school program concerning minorities is worked out together with persons belonging to national minorities. Moreover, the Georgian government has allowed the establishment of about 450 non-Georgian schools, as a result of the government’s efforts to ensure minorities the right to preserve their culture.
Despite these positive elements, more efforts are required to improve Georgian legislative practice and policies in the field of minority rights. [...]
More precisely the Concept anticipates the development of the following programs:
1) State Program for strengthening and promoting the use and knowledge of the State’s official Language
2) State Program concerning the employment of persons working in Russian military basis on the territory of Georgia
3) State Program for the establishment of a network of civic education centres
4) State Program for the development of a network of governmental and non-governmental organizations addressing the issue of national minorities’ integration into Georgia’s civil society.
5) State Program for the establishment of centres for the promotion of both Georgian and national minorities’ culture.
The concept has been submitted to several Parliamentary Committees; in October it is to be read by the Parliament."

Document(s): Open document

30.11.2005 - Source: Council of Europe - Secretary General

On 13 October Georgian Parliament ratified the Framework Convention for the Protection of National Minorities ("Reports from the Council of Europe Field Offices and Other Outposts; October 2005 [SG/Inf(2005) 22]") [#40207],  [ID 4991]

"53. The Georgian Parliament ratified, with a 125-5 vote, the Framework Convention for the Protection of National Minorities on 13 October. Ratification of this document was part of Georgia’s commitment undertaken while joining the Council of Europe in 1999. The Georgian authorities made a reservation according to which they will not be responsible for implementing provisions of the Convention on the territories of Abkhazia and South Ossetia."

Document(s): Open document

13.10.2005 - Source: Civil Georgia

Georgian Parliament ratified, with 125-5 vote, Framework Convention for the Protection of National Minorities ("Georgia Ratifies CoE Convention on National Minorities") [#42509],  [ID 4992]

Document(s): Open document

08.2005 - Source: Freedom House

Government generally respects rights of ethnic minorities in nonconflict areas of country ("Freedom in the World 2005") [#41311],  [ID 4993]

"The government generally respects the rights of ethnic minorities in nonconflict areas of the country."

Document(s): Open document

04.07.2005 - Source: UN Committee Against Torture

No report of racially-motivated torture ("Consideration of Reports submitted by States Parties under Article 19 of the Convention; Third periodic reports of States parties due in 2003; Addendum; Georgia [CAT/C/73/Add.1]") [#37524],  [ID 4994]

"76. With regard to the ethnic origin of the victims, the materials in question do not give any reason to believe that there were any racially motivated cases of unlawful treatment during the reporting period. Ethnic Georgians accounted for the overwhelming majority of the victims of arbitrary treatment by the police."

Document(s): State report
Concluding observations of 25 July 2006 [CAT/C/GEO/CO/3]

02.06.2005 - Source: International Federation for Human Rights

Report on ethnic minorities, specially focused on cases related to Yezidi Kurds, and the minorities in the regions of Tsalka and Samtskhe-Javakhetia ("Ethnic minorities in Georgia") [#32580],  [ID 4995]

Document(s): Open document

25.04.2005 - Source: Civil Georgia

Problem of civil integration of ethnic minorities ("The Problems of Civil Integration of Ethnic Minorities in Georgia") [#43256],  [ID 4996]

Document(s): Open document

28.02.2005 - Source: US Department of State

The new Parliament did not take up a language law drafted under the previous Government that would make Georgian compulsory for government employees ("Country Report on Human Rights Practices 2004") [#29503],  [ID 4997]

"The Government generally respected the rights of ethnic minorities in nonconflict areas but limited self government.

The Constitution stipulates that Georgian is the state language. Ethnic Armenians, Azeris, Greeks, Abkhaz, Ossetians, and Russians usually communicated in their native languages or in Russian. Both Georgian and Russian were used for interethnic communication. School instruction in non-Georgian languages was permitted. The new Parliament did not take up a language law drafted under the previous Government that would make Georgian compulsory for government employees. The State Language Chamber organized free language courses for government employees in regions inhabited by ethnic minorities, conducted in coordination with and through funding from the OSCE. Armenians, on occasion, complained that they were being forced to learn Georgian."

Document(s): Open document

21.12.2004 - Source: Council of Europe - Parliamentary Assembly

Until now, there does not exist any law on minorities; some representatives of national minorities have in the past themselves expressed doubts about the need for such a law ("Honouring of obligations and commitments by Georgia [Doc. 10383]") [#28272],  [ID 4998]

"36. (Original deadline: April 2002). The authorities asked for more time on this particular commitment. As some representatives of national minorities have in the past themselves expressed doubts about the need for such a law, the co-rapporteurs are willing to consider an extension of the deadline provided that the Framework Convention for the Protection of National Minorities and the European Charter for Regional or Minority Languages are both signed and ratified by the end of September 2005. After the Council of Europe standards contained in the two conventions are in place and effectively enforced, it should be evaluated whether a specific law regulating this sensitive and crucially important matter for Georgia is still necessary or not."

Document(s): Open document

04.08.2003 - Source: Freedom House

Political representation of minorities ("Nations in transit 2003") [#15273],  [ID 5000]

"Ethnic minorities, which account for 15–20 percent of the population,
tend to support government candidates and are largely passive in the country’s political life. The current Parliament has 14 ethnic minority representatives, all of whom were part of the parliamentary majority that collapsed in the fall of 2001. The highest executive positions held by minorities are two deputy ministerial posts. Insufficient knowledge of the official Georgian language and fear that one’s ethnicity could become an issue in political fights are among the reasons minorities do not get more involved in politics. There is evidence to suggest that minorities are daring more to join opposition parties."

Document(s): Open document

05.05.2003 - Source: UN Human Rights Council (formerly UN Commission on Human Rights)

Report focused on situation of minorities in South Caucusus ("Miniorities in the South Caucusus (Paper prepared by Anna Matveeva)* E/CN.4/Sub.2/AC.5/2003/WP.7") [#12907],  [ID 5001]

Document(s): Open document

31.03.2003 - Source: US Department of State

US State Department: The Government generally respected the rights of members of ethnic minorities in non-conflict areas ("Country Reports on Human Rights Practices - 2002") [#11848],  [ID 5002]

"The Government generally respected the rights of members of ethnic minorities in non-conflict areas but limited self-government and played a weaker role in ethnic Armenian and Azeri areas (see Section 3). School instruction in non-Georgian languages was permitted. A draft language law that would make knowledge of Georgian compulsory for persons employed by state institutions was under discussion in Parliament at year's end.

The State Language Chamber was tasked with organizing free language courses for government employees in regions inhabited by ethnic minorities. During the year, the language courses were organized and planned but were cancelled due to lack of funding. On February 8, the OSCE announced a project to support government programs to teach the Georgian language to ethnic minorities."

Document(s): Open document

13.09.2001 - Source: Council of Europe - Parliamentary Assembly

Council of Europe: Representatives of minorities were categorically against the adoption of a special law on minorities ("Honouring of obligations and commitments by Georgia [Doc. 9191]") [#10653],  [ID 5005]

"144. Upon its accession, Georgia undertook “to adopt, within two years after its accession, a law on minorities based on the principles of Assembly Recommendation 1201 (1993)”.

145. During our May visit, our meeting with minority representatives was without any doubt one of the most interesting: all representatives of minorities were categorically against the adoption of a special law on minorities. They had shared this view already with the eminent lawyers in 1997 and again with the rapporteurs on accession when they visited Georgia in the course of 1998, so they could not understand how the issue could have been included in the list of commitments undertaken by Georgia. In reality, this commitment was not in the list negotiated by Mr Davis, rapporteur of the Political Affairs Committee, with the Georgian authorities, but was added through an amendment adopted by the Assembly at the last moment.

146. The minority representatives argued that the Georgian Constitution and the European Convention on Human Rights offered sufficient protection and that a law would only create artificial distinctions in a traditionally multi-ethnic society in which different ethnicities had been living together in perfect harmony for centuries.

147. Minority representatives repeated exactly the same arguments when we met them during our second visit to the country."

Document(s): Open document

07.2001 - Source: Caucasus Institute for Peace, Democracy and Development

Caucasian Institute for Peace, Democracy and Development: Convention on national minorities meets greatest and most united opposition in Georgia ("Georgia's Membership in the Council of Europe, Achievements and Failures") [#10549],  [ID 5006]

"Georgia should have ratified the Convention on National Minorities not later than one year after it
joined the Council of Europe. However, the ratification of such a convention meets greatest and most united
opposition in Georgia. This opposition also includes those politicians, who energetically support Georgia’s
European choice on other issues and consider fulfillment of Georgia’s commitment vis-à-vis the CoE to be an
important step towards the development of the Georgian democracy. This opposition is shared by a number of
independent organizations representing ethnic minorities themselves. This does not mean that there are no
problems related to ethnic/national minorities in Georgia. Most representatives of ethnic minorities are and feel
isolated from the public life, and this is indicated by an obvious under-representation of minority populations in
government bodies. As confirmed by polls, trends towards emigration are overall considerably much higher
among minorities than among the general public (though such mood is high overall), and the main problem is
that they do not see business or career opportunities in Georgia.
The major reason for this is not outright discrimination against ethnic minorities (though such cases
also exist), but their lack of integration into the Georgian society. Many of minority representatives do not speak
Georgian, which is the legacy of the Communist past. In the Georgian society, this is a considerable factor of
isolation. The government so far lacks resources and political will to overcome this legacy. The problem is
especially grave in ethnic enclaves like Javakheti and some regions of Kvemo Kartli, where majority of local
residents is Armenian and Azeri respectively. Following the general crisis of the educational system, the level of
knowledge of Georgian may have become even worse than before. The power of clan-based clientelistic
networks in the Georgian society, that give priority to personal loyalty over merit in recruiting personnel for
business companies or state agencies, also is an important factor of isolation of minorities. Under these
circumstances, it is feared by many that creation of special legislation for minorities will contribute to their
feeling of separation rather than help them overcome it. On the other hand, many people resent special
privileges for minorities that follow from signing such a convention.
The government has the following position on the issue: Georgia will be able to ratify the convention
only after conflicts are solved in Abkhazia and South Ossetia. The main problem is to define the notion of ethnic
minority and develop a list of the country’s ethnic minorities. The Georgian government lacks experience in this
field. The very fact that Georgia committed itself to speedily ratify the convention may be considered an
illustration of such inexperience. Against this backdrop, experts of the CoE and Georgian officials reached an
informal agreement to begin consultations on the problem of ratification, but these consultations have yet to
commence. On the other hand, the Parliamentary Committee of Civic Integration considers the possibility of
adopting a National Concept on Civic Integration, that will define government policies aimed at fully integrating
minority populations into the Georgian society."

Document(s): cipdd-geo.pdf

07.2001 - Source: Caucasus Institute for Peace, Democracy and Development

UNDP: The two largest territories densely populated with ethnic minorities are Javakheti and parts of the region Kvemo Kartli ("Georgia's Membership in the Council of Europe, Achievements and Failures") [#10549],  [ID 5007]

"Defining relations between the national government and autonomous territories has been one of the
major challenges for the independent Georgian state. However, there are also problems related to ethnic
enclaves, that is territories densely populated with ethnic minorities. Two largest ones are Javakheti – historical
region in the South of Georgia, with some 95% of ethnic Armenian population (Javakheti is part of the
administrative region of Samtskhe-Javakheti), and parts of the region of Kvemo Kartli (namely, Marneuli,
Gardabani) with large numbers of ethnic Azeri population. Both these enclaves are situated on the border with
Armenia and Azerbaijan respectively."

Document(s): cipdd-geo.pdf

01.12.2000 - Source: Danish Immigration Service

Danish Immigration Service: Ethnically motivated discrimination ("Report on roving attaché mission to Georgia") [#6081],  [ID 5004]

"Under Gamsakhurdia the slogan "Georgia for the Georgians" was launched, and Georgian nationalism flowered to some extent. The Caucasian Institute for Peace, Democracy and Development (CIPDD) said that this led to attacks, including some by the police, on some of the ethnic minorities. For example the Azeris, who live in large numbers in the border areas with Azerbaijan, did not dare to bring their goods to market in Tbilisi. They were, for example, discriminated against in the judicial system, where minorities received longer sentences than Georgians, and persons belonging to ethnic minorities were fired from public posts. There were daily comments that non-Georgians should disappear from the country, and the Ezidi Union of Georgia felt that the situation generally was such that many did have to leave the country.

After Shevardnadze came to power, the situation for the ethnic minorities improved considerably. None of the sources, including the western embassies, the Norwegian Refugee Council, UNHCR, CIPDD and the Ombudsman was aware of any systematic persecution taking place, or of attacks on ethnic minorities by the authorities or other groups. CIPDD added that when making arrests the police could be more heavy-handed with ethnic minorities than with Georgians. According to the OSCE, Georgia was generally a tolerant society, but no attempt was made to integrate the minorities. Thus it is difficult for the ethnic minorities which do not speak fluent Georgian, and this means 27% of the population, to get a public post. The OSCE also felt that it was difficult for the minorities to gain access to political power. CIPDD described Georgia as a guest society in its relationship with the minorities. The Ezidi Union of Georgia agreed.

A radical and religious fanatical group led by an excommunicated Georgian priest, Basil Mkalavishvili, which has particularly gained supporters in a poor quarter of Tbilisi has, according to CIPDD and an international source which wished to be anonymous on this subject, recently been behind attacks on religious and ethnic minorities, including particularly members of the Jehovah's Witnesses. A Yezidi Kurd woman, who was attacked by a member of the group, has brought a case against the priest through an international organisation. An international source, which wished to be anonymous on this subject, thought that the group had links with the radical right-wing ultra-nationalist party Political Movement - Industry will Save Georgia (ISG). The source felt that public and political condemnation of the activities of the religious group was noticeable by its absence and felt that it enjoyed some sort of immunity.

Unlike several of the former Soviet Republics, e.g. Russia, Armenia and Azerbaijan, where ethnic identity is no longer shown on identity cards, this is still shown on the new Georgian cards. The Ezidi Union of Georgia felt that this was a survival from Soviet times. The IOM (International Organisation for Migration) explained that traditionally in multiethnic Georgia, people were asked their ethnic identity before they were asked their name, and said that this should not be understood as discriminatory. However, there has been critical public debate in Georgia about whether it was still appropriate to indicate ethnic identity, and the debate is not over yet."

Document(s): Open document