GEORGIA-SOGI-TBs-CCPR

Concluding Observations on Report 5 (2022) (Link)

Discrimination and violence on the grounds of sexual orientation and gender identity

17. While noting the 2020 policy document on sexual orientation and gender identity rights and the legislative efforts under way to strengthen protection, the Committee remains concerned about the reported prevalence of discrimination, harassment, intimidation and attacks against lesbian, gay, bisexual and transgender persons, advocates for their rights and journalists, in particular the violent attacks committed during the Tbilisi Pride march on 5 and 6 July 2021. It is further concerned by reports of homophobic and transphobic rhetoric being conducted with impunity by politicians, other public officials and religious figures. Furthermore, it regrets the lack of definition of legal recognition of gender reassignment and reports that individuals are required to undergo gender-reassignment surgery in order to change their civil status (arts. 2, 7, 17, 21 and 26).

18. The State party should step up its efforts to:

(a) Provide effective protection against all forms of discrimination and violence on the basis of sexual orientation and gender identity, both in law and in practice, and ensure that such violations are promptly and effectively investigated, that perpetrators are held accountable, with penalties commensurate with the seriousness of the crime, and that victims have access to full reparation;

(b) Take adequate measures to prevent homophobic and transphobic discourse by politicians, other public officials and religious figures;

(c) Review and amend its legislation and procedure for the change of civil status with respect to gender identity, with a view to providing a quick, transparent and accessible gender-recognition procedure on the basis of self-identification by applicants.

Hate speech and hate crimes

19. While noting the monitoring of hate crimes by the Human Rights Protection and Quality Monitoring Department of the Ministry of Internal Affairs and the development of a unified methodology to collect data on those crimes, the Committee is concerned by continuing allegations of intolerance, prejudice, hate speech and hate crimes against members of vulnerable and minority groups, including women, ethnic and religious minorities, lesbian, gay, bisexual and transgender persons and migrants, often perpetrated by extreme right-wing groups. It is also concerned by reports of the underreporting of hate crimes and the low number of investigations into and convictions for these crimes (arts. 2, 19–20 and 26).

20. The State party should step up its efforts to:

(a) Combat intolerance, stereotypes, prejudice and discrimination towards vulnerable groups, including ethnic and religious minorities and lesbian, gay, bisexual and transgender persons, by, inter alia, increasing training for law enforcement officials, prosecutors and the judiciary and conducting awareness-raising campaigns promoting sensitivity and respect for diversity among the general public;

(b) Ensure that any advocacy of hatred, hostility or violence on the grounds of ethnic, national, racial or religious identity or of sexual orientation and gender identity is prohibited by law, in accordance with articles 19 and 20 of the Covenant and the Committee’s general comment No. 34 (2011) on the freedoms of opinion and expression;

(c) Encourage the reporting of hate crimes and hate speech and ensure that such crimes are identified and registered, including through the establishment of a comprehensive disaggregated data-collection system;

(d) Strengthen the investigation capacity of law enforcement officials on hate crimes and hate speech, including online hate speech, and ensure that all cases are systematically investigated, that perpetrators are held accountable, with penalties commensurate with the crime, and that victims have access to full reparation.

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Peaceful assembly

45. The Committee is gravely concerned at the excessive use of force by law enforcement officials against protestors, activists and journalists in dispersing assemblies, including in June and November 2019 in Tbilisi, and at the delay in investigating such abuse and bringing the perpetrators to justice. It is also concerned about the incidents on 5 and 6 July 2021, when members of radical groups attacked lesbian, gay, bisexual, transgender and intersex persons, human rights defenders and journalists, resulting in the disruption of the Tbilisi Pride march, and about the failure of the competent authorities to provide adequate protection for those individuals and to bring all perpetrators, including the organizers of the attacks, to justice in a timely manner (arts. 6–7 and 21).

46. In accordance with article 21 of the Covenant and in the light of the Committee’s general comment No. 37 (2020) on the right of peaceful assembly, the State party should:

(a) Ensure that all allegations of excessive use of force and arbitrary arrest and detention by law enforcement officials during peaceful assemblies are investigated promptly, thoroughly and impartially, that those responsible are prosecuted and, if found guilty, punished and that the victims obtain redress;

(b) Provide law enforcement officials with appropriate training on the use of force, on the basis of the Basic Principles on the Use of Force and Firearms by Law Enforcement Officials and the United Nations Human Rights Guidance on Less-Lethal Weapons in Law Enforcement;

(c) Ensure the protection of peaceful demonstrators, human rights defenders and journalists covering peaceful demonstrations from threats, intimidation, harassment and attacks by private actors.

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Concluding Observations on Report 4 (2014) (Link)

3. The Committee welcomes the following legislative and institutional steps taken by the State party:

…(c) The decision of the Constitutional Court of 4 February 2014 declaring non-

constitutional “homosexuality” as an indicator against donation of blood and its components;

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Discrimination on the grounds of sexual orientation and gender identity

8. The Committee is concerned about discrimination and social stigma, hate speech and acts of violence against lesbian, gay, bisexual and transgender persons and violation of their rights to freedom of expression and assembly (arts. 2, 9, 19, 21 and 26).

The State party should take effective measures to combat any form of social stigmatization of homosexuality, bisexuality or transsexuality, or hate speech, discrimination or violence against persons based on their sexual orientation or gender identity. It should provide effective protection to lesbian, gay, bisexual and developing strategies to combat patriarchal attitudes and stereotypes on transgender persons and ensure the investigation, prosecution and punishment of any act of violence motivated by the victim’s sexual orientation or gender identity in accordance with article 53, para. 31, of the Criminal Code. It should also take all necessary measures to guarantee the exercise in practice of the rights to freedom of expression and assembly of lesbian, gay, bisexual and transgender persons and defenders of their rights.

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Concluding Observations on Report 3 (2007) (Link)

[no mention]

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Concluding Observations on Report 2 (2002) (Link)

[no mention]

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Concluding Observations on Report 1 (1997) (Link)

[no mention]

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