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Georgia should ensure effective implementation of the anti-discrimination legislation and improve protection of human rights in the fields of labour and the environment

Country visit report
Strasbourg 15/07/2022
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The Council of Europe Commissioner for Human Rights, Dunja Mijatović, published today the report following her visit to Georgia in February 2022, with recommendations on combating discrimination against LGBTI people and those belonging to religious minorities, as well as protecting human rights in the fields of labour and the environment.

To ensure that LGBTI people and persons belonging to religious minorities live free from violence and discrimination, the Commissioner calls on the authorities to address the inadequate implementation of legal standards and the persistent deficiencies in combating impunity for hate crimes and incitement to violence, and to remove the discriminatory barriers to the enjoyment of their rights.

The Commissioner notes that LGBTI people remain affected by instances of hate crime and pervasive discrimination in Georgia. She calls on the authorities to step up efforts to combat impunity for human rights violations against them and stresses that raising awareness among the public and training relevant categories of professionals on the importance of their role in promoting equality, dignity and non-discrimination should be a priority. She adds that hate speech against LGBTI people in the public sphere is an issue of concern and that an appropriate response to hate speech, including when voiced by officials, religious and community leaders and media professionals, is needed through an effective use of law enforcement channels and other mechanisms, such as prevention, monitoring, self-regulation, and counter-speech. In light of repeated occurrence of LGBTI people having been denied their right to peaceful assembly, the Commissioner stresses that authorities should adopt comprehensive measures enabling LGBTI people to freely express their views and assemble. Regarding transgender people, the authorities should facilitate legal gender recognition without invasive medical requirements and in a quick, transparent, and accessible manner.

As regards religious minorities, the Commissioner urges the authorities to ensure effective investigation, prosecution, and dissuasive and proportionate sanctioning for hate crimes committed on the grounds of religion and to remove discriminatory barriers in accessing places of worship and in regulating tax and religious property matters. “An open dialogue with all religious communities should be established”, she stated. To support this dialogue, she underlines the need for a meaningful partnership between competent authorities and religious denominations, for changes to the relevant regulations and for continuous training and awareness raising activities targeting officials and the general public. In addition, the Commissioner notes that the authorities should pursue their efforts in eliminating religious biases and stereotyping from school textbooks.

Noting that a decade of deregulation and the abolishment of the labour Inspectorate in 2006 led to a significant deterioration in the protection of labour rights in Georgia, the Commissioner welcomes the recent comprehensive legal and institutional reforms and urges the authorities to close the remaining legislative gaps by establishing a minimum wage compliant with international standards, by ensuring equal access to parental leave, and by developing clear guidelines on the duration and compensation for overtime work. “It is now important to ensure a full implementation of the labour standards, including the anti-discrimination provisions”, she stated. To this end, it is crucial to provide the Labour Inspectorate with sufficient and adequately trained human resources and an appropriate budget. While welcoming recent progress in the reduction of workplace accidents, the Commissioner calls on the authorities to further improve occupational safety at the workplace. She also recommends promoting and supporting diversity and equality at work, including with regard to the integration of persons with disabilities. The Commissioner further recommends that the authorities address the gender pay gap and gender stereotypes in employment, to continuously raise awareness about sexual harassment, ways to report it and available remedies, as well as to take resolute action to address child labour and prevent and combat child trafficking.

As regards human rights and the environment, the Commissioner calls on the authorities to strengthen the implementation of the existing national legal framework, to guarantee public access to information and meaningful and transparent public participation in environmental decision-making processes at various levels of government, as well as to improve air quality and the tracking of air pollution. They should also develop and implement preventive measures to reduce the risk of environmental disasters and to ensure protection of the rights of people displaced by such disasters or owing to climate change. The authorities should also provide a safe and enabling environment for environmental human rights defenders and activists and support their work.