The Council of Europe Commissioner for Human Rights, Michael O’Flaherty, recommends the repeal of the “Foreign Influence Transparency” and “Family Values and Protection of Minors” laws. This is discussed in the memorandum published by Michael O’Flaherty regarding the human rights situation in Georgia, where several recommendations are made to create a favorable environment for civil society and human rights defenders.
The Commissioner expresses concern about the shrinking space for civil society, particularly due to provocative rhetoric targeting non-governmental organizations and human rights defenders, as well as insufficient involvement of civil society organizations in the decision-making process. In order to create a favorable environment for civil society and human rights defenders, the Commissioner recommends several actions, including the repeal of the “Foreign Influence Transparency” law and ensuring that any legislation related to assembly fully complies with international human rights law.
Additionally, the Commissioner is concerned about the level of violence and discrimination faced by LGBTI individuals.
“The government must stop all stigmatization of LGBTI individuals and ensure the effective investigation of all cases of harassment and violence,” states Michael O’Flaherty.
The Commissioner also notes that the government should repeal the “Family Values and Protection of Minors” law, which provides a legal basis for the discrimination of LGBTI individuals, and implement the European Court of Human Rights rulings concerning the rights of LGBTI people.
The Council of Europe Commissioner for Human Rights published a memorandum on the human rights situation in Georgia, expressing concern over freedom of assembly and expression, the protection of civil society, and the rights of LGBTI individuals. The Commissioner also issued recommendations on these matters.
“The Council of Europe Commissioner for Human Rights, Michael O’Flaherty, published today a memorandum on the human rights situation in Georgia, outlining his concerns and recommendations regarding the rights to freedom of assembly and freedom of expression, the protection of civil society, and the rights of LGBTI people.
“The memorandum follows the Commissioner’s visit to Georgia from 21 to 23 January 2025, which was prompted by the actions taken by the authorities during the protests in November and December 2024, including the use of force against predominantly peaceful protests.
“The Commissioner notes that, despite credible reports of ill-treatment of protesters and journalists, no law enforcement officers have been held accountable for these abuses, while in contrast, criminal prosecutions against some protesters have advanced. The Commissioner highlights the ongoing challenge of ensuring proper identification of masked police officers as an obstacle to accountability. He recommends that the Georgian authorities take all necessary steps to ensure effective investigations into cases of ill-treatment of protesters, including by strengthening the independence and effectiveness of the Special Investigation Service. He also recommends requiring all law enforcement personnel to wear distinguishable identification to enhance accountability.
“The Commissioner also expresses concerns about recent amendments to laws regulating freedom of assembly, which impose undue restrictions on protesters, expand law enforcement powers, and introduce harsher penalties for protest-related administrative offences. He notes that many of the amendments are incompatible with the principles of lawfulness, necessity, and proportionality and recommends amending the laws to bring them in line with international human rights standards,” the memorandum states.
“The Commissioner is also concerned about reported interference with journalists’ work.
“The Commissioner is concerned about reports of interference with the work of journalists, including harassment, violence, and intimidation during protests. The case of journalist Mzia Amaghlobeli, whom the Commissioner visited in prison, illustrates the increasingly challenging environment for independent journalism. “Her prolonged pre-trial detention is unjustified,” said the Commissioner. He also recommends ensuring that journalists can work freely and safely, including in the context of public assemblies.
“The Commissioner also expresses concern over the shrinking space for civil society, including the inflammatory rhetoric against NGOs and human rights defenders and the lack of involvement of civil society organisations in decision-making processes. He sets out a number of recommendations to create an enabling environment for civil society and human rights defenders, including rescinding the law on transparency of foreign influence and ensuring that any legislation on associations is in strict compliance with Georgia’s obligations under international human rights law.
“Lastly, the Commissioner expresses concerns at the level of violence and discrimination faced by LGBTI people. “The authorities should cease all stigmatization of LGBTI people and ensure that all cases of harassment and violence are effectively investigated.” The authorities should also repeal the law on protection of family values and minors, which provides a legal footing for discrimination against LGBTI people and implement the judgments of the European Court of Human Rights concerning the rights of LGBTI people”.
