RESOURCES

  Rule of Law

Rule of Law

 

Legal framework

 

Georgia being a member-state of the international community has ratified international agreements that create important guarantees for the protection of national minorities. These agreements are:

 

·         Universal Declaration of Human Rights (15.09.1991)

·         International Covenant on Civil and Political Rights (25.01.1994)

·         International Covenant on Economic, Social and Cultural Rights (25.01.1994)

·         International Convention concerning Discrimination in respect of Employment and Occupation (04.05.1995)

·         European Cultural Convention (16.04.1997)

·         International Convention on the Elimination of All Forms of Racial Discrimination (16.04.1999)

·         Convention for the Protection of Human Rights and Fundamental Freedoms (12.05.1999)

·         European Charter of Local Self-Government (26.10.2004)

·         Framework Convention for the Protection of National Minorities (13.10.2005)

·         European Outline Convention on Trans-frontier Co-operation between Territorial Communities or Authorities (04.11.2006)

 

The Constitution of Georgia recognizes the equality of every person before the law regardless of their race, skin color, language, religion, or national or ethnic origin. The violation of equality of the rights of citizens, the perpetration of activities that are aimed at creating national or racial hostility, or the direct or indirect violation of human rights based on race, skin color, or national or ethnic origin, are punishable under criminal law. Committing a crime with racial, religious, national or ethnic motives constitutes aggravating circumstances compared to other crimes, according to the criminal code.

 

The principle of equality of citizens before the law is guaranteed by the appointment of a translator and a requirement to hand over judicial and investigative documents to the accused person, suspect or other subjects of criminal proceedings, in their native language, if they do not speak the state language. The translator is paid by the state. Translators are also guaranteed in civil and administrative cases. A person, who submits an application or another document to an administrative body in a non-state language, is given additional time by the administrative body to submit a translation. While in custody, a prisoner has to be explained his rights and the rules of his treatment in his native language or another language he understands.

 

 

Culture and education

 

The Constitution of Georgia acknowledges the right of every citizen of Georgia to develop his culture freely without any discrimination and to use his native language in private and in public. The protection of the cultural heritage of Georgia and the provision of assistance for the realization and enrichment of the cultural identity of every citizen of Georgia are state priorities.

 

Citizens of Georgia, whose native language is not Georgian, have the right to secondary education in their native language. The state also ensures the right of students to receive an education in their native language as close as possible to their place of residence, and has allocated additional funds for this purpose.

 

It is prohibited to incorporate religious indoctrination, proselytism or forced assimilation in the educational process at school. Public schools are obliged to encourage a tolerant and respectful environment, and to protect the rights of minorities to use their native language, and preserve and express their culture.

 

 

Media

 

In accordance with the law, the Georgian Public Broadcasting (GPB) is obliged to reflect in its programs ethnic, cultural, linguistic and religious diversity existing in society, and to air proportionately programs about minorities and those prepared by minorities themselves. No less than 25% of the GPB program budget must be allocated to the airing of programs connected with Abkhazia and the Tskhinvali region, and programs in minority languages. The owner of a community broadcasting license must ensure that the views of minorities living in the service area are aired.

 

 

Participation in political and social life

 

Every citizen of Georgia has the right to form a political party and to take part in its activities. Membership of a political party can not be denied based on race, skin color, language, religion, or national or ethnic background.

 

Persecution of a person due to his political, social, professional or religious activities, as well as the illegal hindering of the foundation and activities of political, social or religious associations, is punishable under criminal law.

 

 

Legal changes

 

The Civil Integration and Tolerance Council is working on a package of legal changes that will regulate issues of cultural heritage, ensuring equal possibilities for minority employment in public bodies, and the improvement of services, such as the provision of translators.