| For a summary of Georgia’s review at the first cycle please click here. |
23rd UPR session
Date of review: 10 November 2015
Date of report adoption: 13 January 2016
Document number: A/HRC/31/15
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SUMMARY SOGIESC issues during Georgia’s 2nd UPR review |
I. SOGIESC issues/recommendations identified by NGOs
Equality and non-discrimination
19. In monitoring the media in 2014, Joint Submission 1 (JS1) noted incidents of hate speech and discrimination by opposition and Government figures which targeted foreigners and lesbian, gay, bisexual and transgender (LGBT) persons. In relation to hate speech, JS1 also called on the public broadcaster to respect minority rights and the National Communication Commission to ensure proper implementation of self-regulation mechanisms. JS4 was concerned that official statistical data on hate crimes in general or hate crimes and discrimination against LGBT persons was not being gathered; there were neither efficient mechanisms, nor a strategy on hate crimes towards LGBT persons and it called for a specialized police unit to work specifically on hate crimes. Joint Submission 8 (JS8) noted that the Criminal Code was amended in 2012 to allow for higher sanctions for crimes based upon hate, including sexual orientation and gender identity, but that the article was not implemented in practice. The Council of Europe (CoE) mentioned that its Human Rights Commissioner (CoE-Commissioner) considered that dissuasive criminal sanctions needed to be applied in respect of perpetrators of violent hate crimes.
23. Joint Submission 2 (JS2) and JS5 were concerned about bullying of LGBT youth in schools.
24. JS8 stated that transgender persons did not have access to legal recognition of their gender without sex-reassignment surgery.
Freedom of religion or belief, expression, association and peaceful assembly, and right to participate in public and political life
55. JS8 and JS13 referred to the violent disruption of demonstrations in 2012 and 2013 which were marking the international day against homophobia and transphobia and the failure of the police to control the counter-demonstrators. JS8 called for effective independent investigations into these and related events.
Right to health
71. JS4 noted that state action plans, strategies and research on healthcare did not take into consideration any specific needs of LGBT people, especially of transgender persons.
II. Excerpts on SOGIESC issues from the national report
No references.
III. Excerpts on SOGIESC issues by UN agencies
Equality and non-discrimination
19. The Committee on the Elimination of Discrimination against Women called on Georgia to abolish restrictions on obtaining identity documents for transgender persons.
20. That same Committee was concerned about the physical violence and harassment faced by lesbian, bisexual and transsexual women. The Human Rights Committee and the country team urged Georgia to combat the social stigmatization of homosexuality, bisexuality and transexuality, as well as hate speech, discrimination and violence against persons based on their sexual orientation or gender identity.
Freedom of religion or belief, expression, association and peaceful assembly, and the right to participate in public and political life
52. The Human Rights Committee was concerned about violations of the rights of lesbian, gay, bisexual and transgender persons to freedom of expression and assembly, and urged Georgia to guarantee the exercise of those rights by lesbian, gay, bisexual and transgender persons and defenders of their rights.
IV. References to SOGIESC issues during the Working Group review
11. The comprehensive anti-discrimination law, adopted in 2014, was an important development, as the first legislative mechanism in Georgia that explicitly prohibited all forms of discrimination, including on the basis of gender identity, in both the public and private sectors. The Public Defender was tasked with monitoring its implementation.
96. Argentina commended the national process of Georgia for following up on recommendations and the adoption of the Law on the Elimination of All Forms of Discrimination. It was concerned by acts of physical violence and harassment of sexual minorities.
V. Conclusions and/or recommendations
Georgia accepted the following recommendations:
117.33 Include in the implementation of its anti-discrimination legislation effective measures that strengthen religious tolerance, gender equality and equal rights for ethnic minorities, women and lesbian, gay, bisexual, transgender and intersex (LGBTI) persons, so as to increase tolerance and social inclusion in Georgian society (Netherlands);
117.44 Take all necessary measures to effectively fight against discrimination, including against religious minorities and LGBTI persons (France);
117.46 Provide appropriate services with the necessary resources, including to train and raise the awareness of the judiciary and the public, in order to ensure that these new measures adopted to fight racial discrimination or gender/sexual identity discrimination are effective (Belgium);
117.47 Combat social stigmatization, hate speech, discrimination and violence motivated by sexual orientation or gender identity (Argentina);
117.48 Improve implementation and enforcement of the Law on the Elimination of All Forms of Discrimination, particularly in its application towards the protection of individuals belonging to sexual and religious minority groups (Canada);
117.49 Support public education campaigns to combat hate speech, discrimination and violence related to sexual orientation and gender identity, as well as social stigmatization of LGBT persons (Brazil);
118.9 Redouble its efforts to ensure the rights of LGBTI persons and, in line with the Human Rights Committee’s recommendations, combat all forms of social stigmatization of homosexuality, bisexuality and transsexuality, and A/HRC/31/15 23 hate speech, discrimination and violence based on sexual orientation or gender identity (Uruguay).
Georgia noted the following recommendations:
118.10 Establish a specialized police unit for investigating hate crimes, closely collaborating with the LGBT community and organizations in order to create a trusting relationship (Sweden).
VI. Further information
You will find all documents relating to Georgia’s second review at UPR-Info and OHCHR’s websites.