Public attitudes toward LGBTQI people in Georgia are changing, yet the protection and realization of their rights remain a challenge
The United Nations and the Government of Sweden unveil research on human rights, legal protection and public attitudes toward the LGBTQI community in Georgia
TBILISI. 6 May 2022 – The LGBTQI people remain one of the least protected and most marginalized social groups in Georgia. They face discrimination and violence, while the protection and realization of their rights remain a challenge. Yet, recent research reveals that negative public attitudes toward the LGBTQI community have been decreasing in the last five years.
A series of studies were conducted by Georgia’s Public Defender’s Office and the non-governmental organization ‘Women’s Initiatives Support Group’ (WISG) with assistance from the Government of Sweden and the United Nations through its three agencies – UN Women, the United Nations Development Programme (UNDP) and the United Nations Population Fund (UNFPA).
The research reviews international standards in protecting LGBTQI rights and Georgia’s commitments in this area. It analyses the legal environment and widespread practices and examines public attitudes toward LGBTQI people in Georgia. The research also includes recommendations for specific state agencies.
The research findings point out positive changes in public attitudes in the last five years. Since 2016, the number of respondents who think that the LGBTQI community is interested in propaganda, and not in achieving equality, has decreased by 20.6 percent (55.9 percent in 2021 compared to almost 78 percent in 2016). The number of people with an extremely negative attitude toward the LGBTQI community and its human rights defenders dropped by around 20 percent and now hovers around 56 percent.
However, the research also captures the negative perception of the LGBTQI community in Georgia’s society. 48.2 percent of the respondents believe that LGBTQI people are fighting for privileges. 39.5 percent are convinced that the rights of the LGBTQI community are fully protected. At the same time, 38.6 percent note inadequate state response to the acts of violence and discrimination faced by the LGBTQI people.
The research was conducted under the UN Joint Programme for Gender Equality, a Sweden-funded initiative implemented by UN Women, UNDP and UNFPA. Its reports are available on the UNDP website
Public Defender’s Letter to European Council President Charles Michel
On June 22, 2022, the Public Defender of Georgia sent an official letter to the President of the European Council, Charles Michel, requesting the President and the Heads of the EU Member States to consider the aspirations of the Georgian people towards the European family, their fight and efforts in this process, and to grant Georgia a candidate status, in order to prevent that Georgia is separated from the common space it has shared with Ukraine and Moldova and misses this important opportunity.
See the letter of the Public Defender of Georgia to Charles Michel, President of the European Council
Your Excellency, I hereby extend the assurances of my highest consideration personally to you, as well as the President of the European Commission, and the Heads of State/Government of the 27 EU Member States. The EU has always been a firm supporter of Georgia in its European aspirations and the results of this support have been felt by many of us for decades. Let me express our utmost gratitude for this assistance. I remain convinced that the EU-Georgian cooperation will keep strengthening, while the progress that comes with the European integration will benefit the citizens of both the EU and Georgia who share the common values and are united in forging more humane, peaceful, and prosperous future.
I am addressing you today as the Public Defender (Ombudsman) of Georgia, which is an independent constitutional body that supervises the protection of human rights and freedoms by public authorities in Georgia. The Ombudsman has over the decades been acting resolutely within its constitutional mandate and enjoys a wide support and trust from the members of the public as well as the international community at large.
During such critical times I feel obliged to address you ahead of the upcoming European Council meeting on 23 and 24 June 2022, which is expected to make a final decision about the membership applications from Ukraine, the Republic of Moldova and Georgia. As you are aware, on 17th of June 2022, the European Commission issued Opinions on Georgia’s, the Republic of Moldova’s and Ukraine’s application for the EU membership in which the Commission recommended granting European Perspective to all three states. Furthermore, while for Ukraine and the Republic of Moldova the Commission recommended granting a candidate status, with respect to Georgia the Commission has put forward a clear set of conditions to be met before the candidate status is granted. This risks separation of Georgia from the rest of the Associated Trio, even though it has been seen for many years as a frontrunner among the three and shares with them the threats coming from the Russian Federation.
This is an existential matter and moment for the whole nation, who have already made their conscious choice of European and Euro-Atlantic integration, embodied in the Constitution of Georgia. In Georgia the European integration is not only a foreign policy option, but a moral and cultural choice shared by a wider political spectrum and supported by the absolute majority of Georgians. Unprecedented number of demonstrators marching in Tbilisi on the 20th of June is a recent confirmation of this. The civil society led rally was held for the sole purpose of expressing unwavering support for Georgia’s EU integration, regardless of the political affiliation. Europe is a historic choice and aspiration of the Georgian people, for which all generations have made sacrifices. The idea of European perspective consolidates society and reduces polarization
Consequently, in the face of the most acute domestic and foreign policy challenges, it is crucial for us now that Georgia, together with Ukraine and the Republic of Moldova, is granted the EU candidate status with the precise conditions to be met within strict timelines. The European Commission has already outlined the most challenging issues to be addressed immediately by Georgia and let me confirm that the issues set out in the Opinion have been voiced by the civil society and majority of Georgians, as well as the Ombudsman for many years already.
It is for the reasons outlined above that I appeal to you today to consider granting the EU candidate status to Georgia. I firmly believe that the European integration is the only driving force for a progress in Georgia and the recommendations of the European Commission will act as a road map in this process. Let me assure you that the Public Defender will oversee this process and the Georgian people, civil society, and the media will be there to safeguard the fulfillment of these conditions.
Please accept, You Excellency, the assurances of my highest consideration!
The Public Defender (Ombudsman) of Georgia
UNDP and the British Embassy in Turkmenistan convened the third coordination meeting of the Climate Group of Development Partners
Today, UNDP and the British Embassy in Turkmenistan in a hybrid format convened the Development Partners Climate Group Coordination meeting aimed at continuing the established dialogue to support the Government of Turkmenistan in implementing projects and international commitments related to the environment and climate change.
The meeting served as a forum on providing an update on the climate change agenda as well as exchanging information on current initiatives and the next steps to support Turkmenistan’s efforts on tackling climate change and reducing GHG emissions in accordance with its commitments under the Paris Agreement on climate change.
“We are glad to say that the Meeting of development partners on climate change issues has already become a nice tradition to gather and exchange information on current initiatives and discuss opportunities to join efforts in supporting the country on its commitments under various international agreements” – said Ms. Narine Sahakyan, UNDP Resident Representative in Turkmenistan. “Tackling the climate crisis requires all parties to make bold pledges under the Paris Agreement on climate. UNDP Turkmenistan is now scaling up its support for Turkmenistan to turn its newly adopted NDC targets into concrete action. We will bring together our resources, knowledge, experience and networks to provide comprehensive support for raising the ambition of the national climate pledge.”
“At COP26, countries seized the opportunity to act. We showed leadership, worked together and embraced progress to agree the historic Glasgow Climate Pact, which kept the goal of global temperatures from rising more than 1.5 degrees alive,” – said Ms. Lucia Wilde, Ambassador of the UK in Turkmenistan. “Despite this progress, six months on from COP26 our aim to keep 1.5 degrees alive remains fragile. We must accelerate delivery, turning targets and commitments into action by phasing down coal and ending inefficient fossil fuel subsidies, as well as revisiting our 2030 emissions reductions targets before COP27 and strengthen them with workable plans if they do not align with the temperature goals set out in the Paris Agreement. We must turn the promises and commitments of the Glasgow Climate Pact into action. Let us now pick up the pace on delivering a net zero, climate-resilient transition ahead of COP27 in Egypt this November”.
“The climate summit in Glasgow last November confirmed the seriousness of states to present their renewed commitments to significantly reduce greenhouse gas emissions by 2030, to direct more investment in both mitigation and adaptation to climate change,” – said Mr. Dmitry Shlapachenko, UN Resident coordinator in Turkmenistan during the meeting. “At the same time, there is a common understanding that it is necessary to strengthen international and regional cooperation, including in the area of scientific research, climate technologies and the harmonization of approaches to natural resource management, in order to prevent the climate crisis”.
During the meeting, participants discussed the country’s recently approved Nationally Determined Contributions (NDC), which was developed with the support of UNDP and the Initiative of Turkmenistan to establish a Climate Mitigating Technologies Centre for the Central Asia in Ashgabat.
The Development Partners Climate Group Coordination meeting is convened regularly serving as a strong coordination mechanism for developing and providing valuable support to Turkmenistan’s efforts on climate action and building resilience.
Turkmenistan makes another step forward in global climate action
The Government of Turkmenistan approved the updated Nationally Determined Contributions for the submission to the Council of the United Nations Framework Convention on Climate Change (UNFCCC) to enhance its climate ambition in accordance with the recommendations set out in Article 4.4 of the Paris Agreement on Climate Change.
The Nationally Determined Contributions (NDC) of Turkmenistan demonstrates the country's ambitious goal of reducing greenhouse gas emissions in accordance with the commitments under the Paris Agreement and in support of global efforts to tackle climate change.
This strategic national document in the field of climate change, developed by the Government of Turkmenistan in close collaboration with the United Nations Development Programme (UNDP), sets out a plan to prevent dangerous climate change, with the long-term goal of keeping average global temperature well below 2°C above pre-industrial levels, and attempting to limit the temperature increase to 1.5° to support the implementation of the Paris Agreement.
The planned reduction of emissions in the new NDC is a confirmation of the ambitious goal of Turkmenistan, which intends to reduce its greenhouse gas emissions (GHG) by 2030. This goal remains the highest of all possible ambitions that Turkmenistan can achieve by implementing measures to reduce GHG emissions in such sectors as energy, transport, agriculture, industrial processes, and product use (IPPU), waste, as well as by using co-mitigation benefits from adaptation measures to climate change.
The UNDP Country Office supported the development of updated NDC and will make its efforts to achieve the goals set out in the presented NDC and its national priorities for the implementation of integrated low-carbon and climate-resilient solutions to join the global efforts on saving the planet.
“The adoption of the Nationally Determined Contributions by Turkmenistan demonstrates country's commitment to reducing greenhouse gas emissions under the Paris Agreement,” – noted Ms. Narine Sahakyan, UNDP Resident Representative in Turkmenistan. “UNDP stands ready to continue providing global expertise and technical support to ensure effective implementation of country’s NDCs to address the challenges of climate change”.
NDC stands for Nationally Determined Contributions and represent the targets that each country has set to join the global efforts in tackling climate change, focusing on reducing greenhouse gas emissions and plans to adapt to the challenges of a changing climate.
These targets were established following the Paris Agreement on Climate Change - the first legally binding international treaty on climate change, which was signed by 196 Parties at COP 21 in Paris on 12 December, 2015 and entered into force on 4 November, 2016.
Every five years, countries submit new and more ambitious targets, playing their part in helping the world achieve global goals.
The first NDC of Turkmenistan was submitted to the UNFCCC in October 2016.
Turkmenistan ratified the UNFCCC in 1995 and the Paris Agreement in 2016 and actively takes part in international efforts to combat climate change.
Public Defender’s Statement on Nika Gvaramia Case
On May 11, 2022, the final hearing was held in connection with the case of Nika Gvaramia, former Director General of Rustavi 2 Broadcasting TV Company Ltd. We would like to remind the public that on November 4, 2019, the Public Defender filed an amicus curiae brief with Tbilisi City Court relating to one of the episodes of the mentioned case. The document is based on key issues identified as a result of studying the case materials and reviews correlation between corporate-legal and criminal liabilities.
In the amicus curiae brief, the Public Defender indicates that the decision made by the manager of the enterprise (changing the terms of the contract, determining the amount of income), which was agreed with the owner of the enterprise, is considered a crime in the given case. According to the indictment, the director could have brought more income to the company but he did not do so, which is a crime.
The amicus curiae brief reviews the practices of the courts of the USA, UK, continental European countries and Georgia, according to which, such an entrepreneurial decision may not lead even to corporate liability, not to mention criminal liability. The decision made by the director might be to make less profit, but it might serve the best interests of the corporation and aim to insure against short-term or long-term risks.
In this case, corporate-legal liability should be ruled out, as the decision made by the director was not: (1) an action that was not agreed with partners (use of dominant position), (2) aimed at personal enrichment through fraud, and (3) risk analysis reasonably indicates that the move was in the best interests of the corporation. Moreover, criminal liability should also be ruled out, as the director has not committed a criminal action in order to make a profit. Clearly, changing the terms of the contract for the basic needs of the corporation does not constitute a crime.
Thus, the managerial decision made during the management of the enterprise cannot be evaluated without taking into account the specifics of the legal status of the director. The Public Defender hopes that this document will help the court fairly assess the case circumstances and make the right decision, taking into account the international experience and practice regarding the elements of director's responsibilities.
Report on Impact of Covid 19 on Health and Other Rights of Prisoners and Staff of Penitentiary System
On May 11, 2022, the Public Defender of Georgia and Prevention for Progress, a non-governmental organization, presented a joint report “Impact of Covid 19 on the Health and Other Rights of Prisoners and Staff of the Penitentiary System." The study assesses the impact of special measures taken by the Special Penitentiary Service from March 2020 through 2021 on the rights situation of prisoners.
According to the study, the measures taken to stop the spread of the virus had a positive impact on the prevention of Covid 19. The above was also contributed by the allocation of quarantine spaces and isolation of suspicious patients. The importance of mass and regular PCR and rapid antigen testing of the staff and inmates played a key role in the early detection of the disease. According to the interviews with the medical personnel and prisoners, the vaccination process was proceeding at a good pace in the penitentiaries. In addition, compared to a similar study conducted in 2017, the percentage of respondents, who think that food quantity is inadequate, decreased in 2021.
The results of the study show that restrictions were overused during the pandemic period and no appropriate efforts were made to find possible alternative solutions. No appropriate steps were taken by the state institution to reduce the number of prisoners. During the evaluation process, special attention was paid to the medical issues. The study showed that the number of medical personnel decreased, which led to delays in the provision of medical care. Due to delays and reductions in outpatient services, the number of transfers of prisoners to civil sector hospitals increased, as well as the number of cases of emergency transfers to medical facilities. The reduction in the provision of outpatient psychiatric care also had a negative impact on the mental health of inmates, increasing the need for treatment in psychiatric facilities.
The pandemic and the measures taken negatively affected prisoners' contact with the outside world. The study made it clear that the free phone minutes added as compensation during the period of restrictions were not sufficient to counterbalance the restrictions. Prisoners were restricted from contacting lawyers, psychologists and social workers, and they were unable to receive the relevant services. The number of rehabilitation programmes also significantly reduced. The study also showed that the living and working conditions of the employees, who were not allowed to leave the facilities, were difficult.