Georgia

A former Soviet republic which declared its independence in 1991, Georgia is today a representative democratic semi-presidential republic, lying at the intersection of Europe and Asia.

The northern regions of South Ossetia and Abkhazia have declared independence from Georgia, though there is little international recognition for their independence, and Georgia considers them part of its sovereign territory despite them being under Russian military occupation following the Russo-Georgian War in August 2008.

Use of Conscientious Objection clauses resulting in the denial of lawful services to women and LGBTI+ people
Religious or ideological instruction is mandatory in all or most state-funded schools with no secular or humanist alternative
Insufficient information or detail not included in this report
Insufficient information or detail not included in this report

Countries: Kazakhstan

The state is secular, with separation of religious and political authorities, not discriminating against any religion or belief
Insufficient information or detail not included in this report
No fundamental restrictions on freedom of expression or advocacy of humanist values
Insufficient information or detail not included in this report

Countries: no countries relate to this boundary condition

No condition holds in this strand
No condition holds in this strand

Countries: Andorra

No condition holds in this strand
Religious courts or tribunals rule directly on some family or ‘moral’ matters; it is legally an opt-in system, but the possibility of social coercion is very clear
No condition holds in this strand

Countries: no countries relate to this boundary condition

Localised or infrequent but recurring and widespread social marginalisation or prejudice against the non-religious

This condition is unusual in that it is applied in cases where there is some social discrimination, but it is not pervasive or nationwide. This condition is applied when there is sufficient background evidence to warrant the assertion that discrimination is not anomalous but widespread, and this condition may be applied for example even where if there is no legislative discrimination or where the non-religious may have legal recourse against such discrimination. However, societal discrimination (i.e. discrimination by peers, as opposed to state or legal discrimination) is not easily measured, and for this reason the Report does not currently have similar more severe boundary conditions to capture higher levels of social discrimination per se. In principle these may be introduced in future. However, we consider that countries with actual higher levels of social discrimination against the non-religious will generally already meet other higher level (more severe) boundary conditions under this thematic strand.

The dominant influence of religion in public life undermines the right to equality and/or non-discrimination

Applied when the influence of religion on public life undermines others’ rights, such as SRHR, women’s rights, LGBTI+ rights.

May be applied when the influence is overt (i.e. when religious laws are applied to undermine others’ rights) or covert (i.e. where religious pressure groups exert influence to affect policy)

The non-religious are persecuted socially or there are prohibitive social taboos against atheism, humanism or secularism
Complete tyranny precludes all freedoms of expression and thought, religion or belief

Applied when overriding acts of oppression by the State are extreme, to the extent that the question of freedom of thought and expression is almost redundant, because all human rights and freedoms are quashed by authorities.

Countries: North Korea

Expression of core Humanist principles on democracy, freedom and human rights is brutally repressed
Expression of non-religious views is severely persecuted, or is rendered almost impossible by severe social stigma, or is highly likely to be met with hatred or violence
There is significant social marginalisation of the non-religious or stigma associated with expressing atheism, humanism or secularism
Religious or ideological indoctrination is utterly pervasive in schools
There is a nominal state church with few privileges or progress is being made toward disestablishment

Countries: Bulgaria, Norway, Peru, Rwanda

The non-religious are barred from some government offices (including posts reserved for particular religions or sects)
‘Apostasy’ is outlawed and punishable with a prison sentence

Countries: Bahrain, Comoros, Jordan, Kuwait

‘Apostasy’ or conversion from a specific religion is outlawed and punishable by death
Some religious courts rule in civil or family matters on a coercive or discriminatory basis
Religious authorities have supreme authority over the state

Countries: Iran

State legislation is partly derived from religious law or by religious authorities
Preferential treatment is given to a religion or religion in general

This condition is applied where there are miscellaneous indicators that organs of the state offer various forms of support for a religion, or to religion in general over non-religious worldviews, suggesting a preference for those beliefs, or that the organs of that religion are privileged.

There is a pattern of impunity or collusion in violence by non-state actors against the nonreligious
State-funded schools provide religious education which may be nominally comprehensive but is substantively biased or borderline confessional
Religious or ideological instruction in a significant number of schools is of a coercive fundamentalist or extremist variety

This condition highlights countries where schools subject children to fundamentalist religious instruction with no real opportunity to question fundamentalist tenets, or where lessons routinely encourage hatred (for example religious or ethnic hatred). The wording “significant number of schools” is not given a rigid quantification (sometimes the worst-offending schools are unregistered, illegal, or otherwise uncounted); however the condition is not applied in cases where only a small number of schools meet the description and may be anomalous, as opposed to being indicative of a widespread problem.

State legislation is largely or entirely derived from religious law or by religious authorities
Anomalous discrimination by local or provincial authorities, or overseas territories
Religious or ideological instruction is mandatory in at least some public schools (without secular or humanist alternatives)
‘Blasphemy’ or criticism of religion is outlawed and punishable by death
Government figures or state agencies openly marginalize, harass, or incite hatred or violence against the non-religious
Government authorities push a socially conservative, religiously or ideologically inspired agenda, without regard to the rights of those with progressive views
It is illegal to advocate secularism or church-state separation, or such advocacy is suppressed
Prohibitive interreligious social control (including interreligious marriage bans)
Quasi-divine veneration of a ruling elite is enforced, or a single-party regime holds uncontested power, subject to severe punishment
Legal or constitutional provisions exclude non-religious views from freedom of belief
It is illegal to register an explicitly Humanist, atheist, secularist or other non-religious NGO or other human rights organization, or such groups are persecuted by authorities
There is a religious tax or tithing which is compulsory, or which is state-administered and discriminates by precluding non-religious groups
The non-religious are barred from holding government office
Some concerns about children's right to specifically religious freedom

This condition may apply if specifically religious education, religious materials, or specific religious denominations are so tightly controlled that children are in fact over-protected from exposure to religion and are likely unable to explore or construct their own worldview in accordance with their evolving capacities. This condition helps us to classify states (perhaps with secular constitutions) which have criminalized specifically religious beliefs or practices. This condition is not applied if the restricted beliefs or practices are found to be outlawed due to their being of an extremist variety. While this condition does not directly reflect discrimination against non-religious persons or non-religious ideas, it does represent an overall threat to freedom of thought, conscience, religion or belief; such restrictions could spill over to affect non-religious beliefs later; and they pose a risk of backlash against over-zealous secular authorities or even against non-religious individuals by association.

It is illegal or unrecognised to identify as an atheist or as non-religious
It is made difficult to register or operate an explicitly Humanist, atheist, secularist or other non-religious NGO or other human rights organization
 
Systemic Discrimination
Mostly Satisfactory

Constitution and government

Article 9 of the Constitution of Georgia guarantees “complete freedom of belief and religion.” While recognizing the “special role … in the history of Georgia” of the Georgian Orthodox Church (GOC), the Church remains separate from the State.[ref]https://matsne.gov.ge/en/document/view/30346?publication=35[/ref] However, the constitution, and government policy do confer special status and privileges to the Georgian Orthodox Church (GOC).

The influence of the GOC in public life was boosted by the signing of a Concordat with the Georgian government in 2002. The Concordat (legal agreement) confers unique status upon the GOC; the government does not have a Concordat with any other religious group. The concordat grants rights not given to other religious groups, including legal immunity for the GOC patriarch, the exclusive right to staff the military chaplaincy, exemption of GOC clergy from military service, and a consultative role in government, especially in the sphere of education.[ref]https://www.osw.waw.pl/en/publikacje/osw-commentary/2020-05-18/autumn-georgian-patriarch-role-orthodox-church-georgia-and[/ref]

The GOC is the only religious group with a line item in the government budget. The tax code grants religious groups partial tax exemptions, and applies them unequally. Taxes paid by all religious groups except the GOC include a profit tax on the sale of religious products, value added taxes on the provision or importation of religious products, and taxes on all activities related to the construction, restoration, and painting of religious buildings.

Education and children’s rights

Georgia’s Law on General Education protects the principle of religious neutrality, and indoctrination and proselytism are forbidden at public schools. But according to various local and international reports, this law is systematically violated. In many public schools, most notably in the region of Adjara,[ref]rm.coe.int/CoERMPublicCommonSearchServices/DisplayDCTMContent?documentId=0900001680590fb5[/ref] religious symbols are displayed in classrooms, the Orthodox clergy preach during school hours, students undergo collective prayers and minorities and atheist students experience discrimination.[ref]https://www.opendemocracy.net/en/odr/georgia-s-politics-of-piety/ [/ref]

Family, community, society, religious courts and tribunals

According to the 2014 census, the 83.4 percent of Georgians who identify as Christian Orthodox made up the largest religious group in the country followed by Muslims at 10.7 percent. There is a strong correlation between ethnicity and religious affiliation with the majority of ethnic Georgians associating with the GOC. The regions of South Ossetia and Abkhazia follow similar trends.[ref]state.gov/j/drl/rls/irf/religiousfreedom/index.htm[/ref]

Social prejudice against the non-religious

According to Caucasus Research Resource Centers (CRRC), negative attitudes towards atheists are widespread in Georgia, despite most people not having regular contact on a daily basis with anyone who identifies as being irreligious, indifferent or atheist. Because of the importance placed on religion in mainstream Georgian identity, especially Christian Orthodoxy, people are likely to perceive religious belief as a desirable quality in politicians, spouses or business partners, for example.[ref]http://crrc-caucasus.blogspot.co.uk/2013/11/attitudes-towards-atheists-in-their.html[/ref]

LGBT rights

In the last several years, Georgia has adopted reforms to protect members of the LGBTQ+ community. In 2014, the Parliament approved a law which banned any form of discrimination based on gender identity and sexual orientation.

However, homophobia remains deeply rooted in the country, in particular due to the influence of the Orthodox Church. Gay people have often been the target of violence and physical abuse.

On the rare occasions that LGBTQ+ people and groups have attempted to hold demonstrations (peacefully and lawfully) they have been met with counter-protests and violence, and the Church has organized large-scale events on the same day in order to push out the LGBTQ+ activists. On 17 May 2012, Identoba, a Georgian LGBTQ+ organization, planned a peaceful march in honor of the International Day against Homophobia and Transphobia (IDAHO). A group of Orthodox Christians insulted and threatened the activists. The following year, on 17 May 2013, the protest was again interrupted by religious counter-demonstrators, including representatives of the Georgian Orthodox Church, who broke through the police cordon and assaulted the participants, leaving up to 28 people injured. The authorities were criticized for failing to effectively protect the march. Two priests of the GOC were amongst those arrested in connection to the attack. Another year on, in 2014 the GOC announced that May 17 would be “Family Purity Day”, and continues to hold large events to mark this day every year. In 2018 the organizers of the LGBTQ+ marches announced they would no longer celebrate IDAHO on May 17 in order to prevent new clashes.[ref]georgiatoday.ge/news/10306/LGBT-Community-Cancels-Demonstration-on-Day-against-Homophobia[/ref]

In 2017, the Vice-Captain of the Georgian national football team, Guram Kashia, wore a rainbow armband during a match on the Dutch National Coming Out Day. Far-right groups rioted in front of the Georgian Football federation demanding Kashia’s expulsion from the national team. This incident led to 8 arrests.[ref]rferl.org/a/georgia-football-guram-kashia-lgbt-rainbow-homosexuality-discrimination/28806434.html[/ref]

Minority rights in general

In January 2016, the Council of Europe published a report assessing the legislative steps taken by Georgia regarding the protection of national minorities since its adoption of the Action Plan for Tolerance and Civic Integration in 2009. The report covers the establishment of the State Agency for Religious Affairs in February 2014. The institution, which is responsible for the protection and promotion of religious diversity in Georgia, is criticized for unequally providing funds (92.2% to the GOC) and thereby fostering a hierarchy among religions.[ref]rm.coe.int/CoERMPublicCommonSearchServices/DisplayDCTMContent?documentId=0900001680590fb5[/ref]

Furthermore,  the report highlights the resistance of certain traditional institutions, such as the GOC, against the application of the Anti-Discrimination standards which entered into force in 2014. In 2013 and 2014, in several towns across Georgia, Jehovah’s Witnesses and Muslims were prevented from worshiping in public by Orthodox Christians.[ref]dfwatch.net/council-of-europe-report-highlights-marginalisation-of-national-minorities-and-inter-faith-tensions-39905; amnesty.org/download/Documents/EUR5633872016ENGLISH.pdf[/ref]

Freedom of expression advocacy of humanist rights

Freedom of the press

The press is rated as “Partly free” by Freedom House, and there is some evidence of improvement in recent years.[ref]freedomhouse.org/report/freedom-press/2017/georgia[/ref]

There are sporadic reports of politically motivated attacks and prosecutions on opposition media and government critics.[ref]rsf.org/en/georgia[/ref]

In  January 2016, three journalists:Levan Sutidze, Irakli Kiknavelidze and Nino Macharashvili, working for the opposition media channel Tabula, were attacked at a restaurant in Tbilisi. The assault was motivated by the journalists’ coverage of the GOC. The journalists reported minor injuries.[ref]dfwatch.net/three-journalists-attacked-in-tbilisi-39716[/ref]

In August 2019, Nika Gvaramia was charged with abuse of authority during his time as director of a pro-opposition TV channel, Rustavi 2. In subsequent months, additional charges related to misappropriation of funds and fraud were pressed against him.[ref]https://www.amnesty.org/en/countries/europe-and-central-asia/georgia/report-georgia/[/ref] Another high profile case involved the forced resignation of Natia Zoidze from Ajara TV in February 2020 following “political pressure”.[ref]https://www.rferl.org/a/georgian-tv-channel-s-deputy-director-resigns-due-to-political-pressure-/30419160.html[/ref]

Political attempts to establish a “blasphemy” law

There have been multiple attempts, in at least 2013, 2015 and 2018, to introduce a “blasphemy” law in Georgia.

In December 2015, a draft “blasphemy” law was submitted to the parliament, having been initiated by the Georgian Orthodox Church in January 2015. The Church argued that there was a need to deter people from “directly or indirectly” insulting the Georgian Orthodox Church or other “traditional religions”, and specifically to de-prioritize the right to freedom of expression as a defense against “insulting” religion. Under the draft law “insulting religious feelings” would lead to a fine of GEL 300 (US$ 120) or GEL 600 in case of repeat offenses. In early February 2016, the proposed law was endorsed by the parliamentary Human Rights and Civil Integration Committee, however critics noted that the law was vague, and the bill was withdrawn on 15 February 2016 by the Georgian parliamentary deputy Ioseb Jachvliani.[ref]amnesty.org/download/Documents/EUR5633872016ENGLISH.pdfforum18.org/archive.php?article_id=2152 [/ref]

In March 2018, the MP Emzar Kvitsiani submitted a bill which would criminalize “public manifestations of hatred” against religious symbols, religious organizations, clerics and believers, and/or “publishing or displaying materials insulting the feelings of believers”. Offences would be punishable with a fine or imprisonment for a term of up to one year.[ref]old.civil.ge/eng/article.php?id=31046[/ref]