Advisory Committee on European Framework Convention for the Protection of National Minorities publishes a report on Georgia
By Inga Kakulia
Thursday, September 26
The Advisory Committee considers that the implementation process of the Framework Convention has been substantially unchanged since previous monitoring. The Committee welcomes the development of anti-discrimination legislation, special integration strategies, action plans, and programs to support equality and integration, but sees substantial challenges in implementing the Framework Convention and ensuring equality in reality.
The report states that these challenges come from the ambivalence of Georgian society towards the issues of national minorities
“On the one side, visible efforts are made to promote diversity by both the State and civil society. On the other side, these efforts coexist alongside with a view of minority issues from a security perspective, in the context of nation-building, and alongside a lack of trust in certain minorities.” -states the report.
The report also mentions the education sector and states that while some programs have facilitated access to higher education to national minorities and constitute good practices, the content of teaching materials has been strongly criticized along with the lack of qualified teachers in pre-schools, primary and secondary education as well.
“The authorities continue to vigorously promote the use of Georgian language in all areas of public life. The necessary complementary efforts on promoting the use of minority languages in relations with the administration and teaching and learning in and of those languages are however below the standards required by the Framework Convention”- report claims.
The topic of Religious minorities is also discussed in the report, stating that these groups are confronted with structural discrimination in access to finding places of worship. According to FCNM restitution procedures and construction permit procedures in relation to places of worship are still not transparent enough and are not based on clear and objective legal criteria.
The positive impact of the Public Defender was highlighted in the context of representing national minorities’ interests, but the report states that the Public Defender’s office is not systematically consulted by the authorities.
The report suggests a list of issues for immediate action including the launch of a national awareness-raising campaign. The FCNM suggests launching a campaign to inform the general public about the anti-discrimination legislation and the relevant legal remedies available. The report also suggests that the mandate of Public Defender be reinforced, so that it can address obligatory requests for information to private persons and deal with complaints related to administrative proceedings.
Another important recommendation form the FCNM calls for ensuring that persons belonging to national minorities enjoy their right to manifest their religion or belief as well as their right to establish a religious institution.
The third recommendation covers the education sector and calls for adapting the content of teaching materials so they contribute to the creation of a climate of tolerance and mutual understanding in Georgian society. The report also calls for proactive efforts to improve the quality of the teaching materials for minority and majority language learning.
Based on three cycles of monitoring the report also lists the positive developments in the country one of them being Georgia’s continued flexible approach of the scope of application of the Framework Convention.
“The anti-discrimination law adopted in 2014 constitutes a solid legal basis to combat discrimination, including the possibility to apply to civil courts or the Public Defender’s complaint mechanism. The Public Defender benefits from a good reputation and the recommendations and general proposals it delivers are of recognized good quality. “- the report says.
Other positive developments mentioned by the FCNM are the recently developed strategies on human rights as well as on integration, in particular, the State Strategy for Civic Equality and Integration and its Action Plan for 2015-2020.
Resolving the issue of transliteration of names is listed as a positive development as well since no complaints were reported recently. The report also mentions the important efforts being made to teach the State language, in particular to civil servants.
Among the issues of concern, FCNM states that Georgia is confronted with a structural lack of data and the next census is unlikely to be organized before 2023. The census form will have to be adapted to fully comply with the self-identification principle. Equality data are also deemed insufficient, which according to the report may be the consequence of a lack of awareness-raising on the anti-discrimination legislation as well as the respective complaints mechanism. In this regard, the resources of the Public Defender, in the opinion of the Advisory Committee, need to be further reinforced, in particular in its field offices
Other issues brought to light was the vague strategies for minority protection. The report suggests that these strategies should be monitored and evaluated regularly, in consultation with the persons concerned.
“Persons belonging to national minorities also need to be further involved in the development of strategies promoting tolerance, including at school and between religious faiths. Promoting tolerance also requires a clear commitment on the part of the ACFC/OP/III(2019)002 45 authorities to combat hate speech. Combatting other hate crimes similarly implies implementing without delay the law on State Inspector.”- says the report.
The need for further formalizing and strengthening the consultation mechanisms established under the auspices of the Public Defender was also mentioned.
And as the final recommendation, the report suggests that Georgian society would also benefit from policies focusing on strengthening the integration of persons belonging to national minorities in the social and economic life of the country, including through the development of infrastructure, in consultation with the persons concerned.