A/HRC/45/54
governance” by inmates, allowed by some prison administrations, noting that this increased
the risk of violence and ill-treatment.17
21.
During the reporting period, OHCHR supported the State Inspector’s Office in
developing a strategy and action plan to operationalize its investigative mandate. OHCHR
conducted capacity-building activities for the investigators of the State Inspector, and
provided assistance in developing draft legislative amendments to ensure the independence
of the State Inspector’s Office from the Prosecutor General’s Office and to improve the
effectiveness of its investigations.
22.
In cooperation with the inter-agency coordinating council against torture and other
cruel, inhuman or degrading treatment or punishment – a body that is led by the Ministry of
Justice – OHCHR provided assistance for the development of new services on the
rehabilitation and reintegration of victims of torture, and is actively involved in elaborating
the new action plan for 2021–2022 to operationalize the above-mentioned services.
D.
Combating discrimination
23.
The Public Defender stated in her submission that discrimination in Georgia often
arose from stereotypes and misconceptions, and that the State was failing to take
appropriate measures to overcome them. According to her, the LGBTQI+ community
remained the most vulnerable group in Georgia. She noted that allegations of discrimination
based on gender constituted the majority of the 155 cases of discrimination submitted to
and examined by the institution in 2019.18
24.
As mentioned above, the chapter on sexual orientation and gender identity was
included in the National Human Rights Action Plan. From 18 to 23 June 2019, a pride week
was held in Tbilisi,19 which included a conference on the situation of sexual minorities in
Georgia, attended by OHCHR. On 8 July, a brief and small Pride March of Dignity was
held in the outskirts of Tbilisi, due to concerns that violence may be incited by homophobic
groups. According to the Government of Georgia, in the first five months of 2020 the
Prosecutor General’s Office commenced criminal prosecutions against four persons for
sexual orientation and gender identity-based hate crimes.
25.
Despite these developments, submissions by civil society actors highlighted
continued concerns about the vulnerability of LGBTQI+ persons in Georgia and about the
high rate of violence they were subjected to. The Public Defender underlined that while
abuses were committed by private persons, in most cases, the State did not take the
measures necessary to protect individuals and redress such abuses.
26.
In a joint statement issued on International Day against Homophobia, Transphobia
and Biphobia, on 17 May 2020, the United Nations and other members of the international
community in Georgia welcomed the efforts undertaken by the Government, through the
Inter-Agency Council for Human Rights and the Prime Minister’s Adviser on Human
Rights and Gender Equality, to help the LGBTQI+ community and other vulnerable and
marginalized groups during the pandemic. The statement also urged the authorities at all
levels to work with resolve to create enabling conditions for LGBTQI+ persons to exercise
their rights, including to express their identities without risk or fear. 20
27.
In its previous reports, OHCHR highlighted the situation of Muslims in Batumi, who
had no other choice than to pray in the open air due to the small-sized mosque there. It also
17
18
19
20
The management of prisons by prisoners has been identified by several human rights mechanisms as
the main factor contributing to violence among prisoners; see A/HRC/42/20, para. 20.
Special report of the Public Defender of Georgia on combating and preventing discrimination and the
state of equality, pp. 30–31, available at https://bit.ly/3drmVOp.
A/HRC/42/34, para. 22.
The statement, available at https://georgia.un.org/en/46430-lgbtqi-rights-need-attention-during-covid19-crisis-and-beyond, also recalled recommendations to Georgia by the Independent Expert on
protection against violence and discrimination based on sexual orientation and gender identity,
following his visit to the country from 25 September to 5 October 2018 (see A/HRC/41/45/Add.1).
7
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