Report of the Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity*, **
In the report on his visit to Georgia, from 25 September to 5 October 2018, the Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity, Victor Madrigal-Borloz, assesses the implementation of existing national and international human rights standards to combat violence and discrimination based on sexual orientation and gender identity and gives a panoramic view of the human rights situation of lesbian, gay, bisexual, trans and gender diverse persons in Georgia. In light of the information collected prior to, during and after the visit, he identifies positive steps and remaining challenges and formulates recommendations to strengthen the protection of persons against phobia-based hate crimes and violence and to curtail, and ultimately eradicate, discrimination based on sexual orientation and gender identity.
Introduction
1. Pursuant to Human Rights Council resolution 32/2, the Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity conducted an official visit to Georgia from 25 September to 5 October 2018. The purpose of the visit was to assess best practices and gaps in the implementation of existing national and international human rights standards to combat violence and discrimination based on sexual orientation and gender identity. During his visit, the Independent Expert worked in situ in Tbilisi, Kutaisi and Batumi. He was unable to assess the situation in Abkhazia or the Tskhinvali region/South Ossetia.
2. During his visit, the Independent Expert met with representatives of the executive, legislative and judicial branches of government, local authorities and the Public Defender’s Office (Office of the Ombudsperson). He visited a shelter for victims of violence, a centre for information and counselling on reproductive health and rights and a clinic providing gender affirmation surgery. He thanks the Government for its cooperation before and during the visit and all the governmental agencies involved in the organization and execution of the visit for their exceptional professionalism and dedication.
“The societal goal appears to perpetuate a vision of Georgia as a country composed exclusively of heterosexual, cisgender persons. As a result, the majority view is that lesbian, gay, bisexual, trans and gender diverse persons must conceal their identity if they want to be recognized as citizens respectful of mores and values qualified as “good”. Those convictions are fuelled and reinforced by agents of the church, tolerated and at times sponsored by politicians, governmental and law enforcement agents, and replicated by mass and social media.”
3. The Independent Expert also appreciated the opportunity to have long discussions with the authorities representing the Patriarchate of the Georgian Orthodox Church and other religious denominations, including the Mufti of all Muslims of Georgia and the Chair of the Jewish Council of Georgia. He was deeply encouraged that, despite differences of opinion on other matters, common ground was identified among the religious leaders during all of these dialogues: violence and discrimination on the basis of sexual orientation and gender identity were never justified and had to be condemned and discouraged; and tolerance had to be fostered through dialogue. He appreciated the willingness expressed by the religious leaders to continue the conversation on how to create spaces of peaceful and respectful coexistence.
4. The Independent Expert met with representatives of several civil society organizations, which facilitated contacts with dozens of lesbian, gay, bisexual, trans and gender diverse persons who shared their life experiences and, in some cases, stories of great suffering. He wishes to acknowledge the essential role played by civil society in the furtherance of the work against violence and discrimination and expresses his gratitude to everyone who shared their stories and expertise.
5. He also thanks the United Nations country team and particularly the Tbilisi-based office for the South Caucasus of the Office of the United Nations High Commissioner for Human Rights (OHCHR) for their support and assistance in the preparation and execution of the visit.
Visit to Georgia - Report of the Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity English French Spanish Arabic Chinese Russian
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