A/HRC/41/45/Add.1
(c)
The creation of the Inter-agency Human Rights Council in 2014.10 Chaired by
the Prime Minister and serviced by the Human Rights Secretariat, the Council elaborates
the human rights action plans and coordinates and monitors their implementation. Under its
aegis, several specialized commissions have been established;
(d)
The establishment within the Ministry of Internal Affairs of a Human Rights
Protection Department11 in January 2018 to monitor the investigation of domestic violence,
hate crime and crimes committed by minors and against them. In parallel, training
programmes on the prohibition of discrimination and investigation of hate crimes were
carried out for representatives of the Prosecutor’s Office, lawyers and police officers. The
same year, with the assistance of a civil society organization, a perspective related to sexual
orientation and gender identity was integrated in training modules on violence against
women and girls and domestic violence.
16.
In addition, new positions have been created to incorporate specific focus areas
within the work of governmental agencies. Key among these are the Human Rights Adviser
to the President and the Assistant to the Prime Minister on Human Rights and Gender
Equality Issues.
17.
Georgia has also implemented valuable policy actions in the field of human rights
and to combat discrimination. A National Strategy for the Protection of Human Rights in
Georgia for 2014–2020 has been adopted. Under strategic path 12 (guarantee equal rights
and the protection of the rights of minorities), the Strategy includes the task of combating
discrimination on the basis of sexual orientation or gender identity. The annual plans of
action adopted to achieve the objectives set in the Strategy constitute the first policy
documents outlining measures to promote and protect the human rights of lesbian, gay,
bisexual, trans and gender diverse persons in Georgia.
18.
The human rights action plans for 2014–2015 and 2016–2017 included several tasks
and objectives related to sexual orientation and gender identity, such as the promotion of
non-stereotypical ways of thinking and diversity (including sexual orientation) in school
textbooks, 12 ensuring effective punishment of hate crimes, training, collecting statistics,
addressing domestic violence based on sexual orientation or gender identity, and providing
shelters for victims.13 The 2018–2020 action plan foresees the drafting of a specific chapter
on gender identity and equality. The Independent Expert was informed that the plan would
be finalized by the end of 2018, and that specific measures related to sexual orientation and
gender identity would be incorporated therein.
19.
Taken together, these public policies reveal strategic thinking to combat
discrimination and violence based on sexual orientation and gender identity. Unfortunately,
as subsequently detailed in the present report, a very significant majority of the targets set
have not been met, and very little progress can be observed on most of them. This is
consistent with the lived experiences shared with the Independent Expert by lesbian, gay,
bisexual, trans and gender diverse persons, who described a situation in which public
measures had not yet had any meaningful impact.
20.
Such testimony indicates a telling lag in the implementation of the State’s strategic
thinking. Until such time as actions are completed and have an impact, the question that
remains is whether the formal framework in place is indeed an effective and efficient means
to address violence and discrimination.
21.
In addition, the Independent Expert observes that some key issues remain
unaddressed in the legal and policy framework. These include the right of trans persons to
legal recognition of gender identity, regulation of and access to gender-affirming treatment,
and ensuring the human rights of lesbian, gay, bisexual, trans and gender diverse persons
deprived of liberty.
10
11
12
13
The Council has, however, not convened since 2015 and some stakeholders are questioning its
effectiveness.
Renamed the Department of Human Rights Protection and Quality Monitoring in 2019.
Human rights action plan for 2014–2015, sect. 12.5.1.
Ibid, sect. 14.4, and human rights action plan for 2016–2017, sect. 13.2.
5
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