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Georgia

Section II. Status of Government Respect for Religious Freedom

Legal Framework

The constitution provides for freedom of belief and religion, subject to considerations of public safety and the health and rights of others, and equality for all regardless of religion. It prohibits persecution based on religion and prohibits compelling anyone to express his or her opinion about religion. It also prohibits political parties that incite religious strife. The law provides for freedom of religious belief, denomination, and conscience, including the right to choose and change religious affiliation.

The constitution recognizes the GOC’s special role in the country’s history but stipulates the Church shall be independent from the state and that relations between the GOC and the state shall be governed by a constitutional agreement (concordat). The concordat grants rights not given to other religious groups, including legal immunity for the Georgian Orthodox patriarch, exemption of Church clergy from military service (although by law, clergy from all religious groups are exempted), and a consultative role in government, especially in state education policies. The concordat states that some of its provisions require additional legislation before they may be implemented, including the GOC’s right to a consultative role in state education policies. There is currently no implementing legislation for the concordat.

A religious group may register with the National Agency of the Public Registry (NAPR) as a legal entity of public law (legal entity) or as a nonprofit organization, both of which offer benefits, including legal recognition, tax exemptions for donations and other “religious activities” (a term not clearly defined by law), and the right to own property and open bank accounts. The civil code defines the activities and rights of denominations registered for legal entity status. Unregistered religious groups may conduct religious activities but do not receive the legal status or benefits conferred on registered groups.

To register as a legal entity, the law specifies a religious group must have a historic link with the country or be recognized as a religion “by the legislation of the member states of the Council of Europe.” A religious group must also submit to the NAPR information regarding its objectives and procedures and a list of its founders and members of its governing body. Groups registering as nonprofit religious organizations do not have to demonstrate historic ties to the country or recognition by Council of Europe members but must submit to the NAPR similar information on their objectives, governing procedures, and names of founders and members of their governing body.

The law grants the GOC exceptions from several requirements applicable to other religious groups, including payment of taxes on the construction, restoration, and maintenance of religious buildings and the payment of taxes on property. It exempts the Georgian Orthodox Patriarchate, but not other religious groups, from taxes on “profit from the sale of crosses, candles, icons, books, and calendars used…for religious purposes.” In addition, the law states only the GOC may acquire nonagricultural state property through a direct sale by the government. Should other religious groups wish to acquire this type of property, they must participate in public tenders. Only the GOC has the right to acquire agricultural state property free of charge; all others must pay a fee. On May 22, parliament passed amendments to the forest code granting the Church ownership over state forests located near or adjacent to churches and monasteries.

The criminal code prohibits interference with worship services, persecution of a person based on religious faith or belief, and interference with the establishment of a religious organization; the code does not define “establishment.” Interference with the establishment of a religious organization is punishable by a fine, correctional work (community service) for up to one year, or imprisonment for up to two years. Violations committed by public officials are considered abuses of power and are punishable by larger fines or longer terms of imprisonment if committed by force of arms or by insulting the dignity of a victim, although the law does not define “insult” and does not specify an amount or time limit for punishment under those circumstances. In cases of religious persecution, the perpetrator may face imprisonment for up to three years, depending on the use or threat of violence, his or her official position, and the damages caused. In cases of unlawful interference with the right to perform religious rituals involving the use or threat of violence, offenders may face imprisonment for up to two years; in cases where the offender holds an official position, the offender may face up to five years in prison.

According to a 2010 Ministry of Justice decree, accused and convicted individuals may meet only with spiritual representatives of the GOC and registered religious organizations. Prison regulations state prisoners have the right to possess and use religious literature and objects of worship.

Although the law states that public schools may not be used for religious indoctrination, proselytizing, or forcible assimilation, the concordat accords the GOC the right to teach religious studies in public educational institutions, pending additional legislation, and authorizes the state to pay for Georgian Orthodox religious schools. The law states that students may pursue religious study and practice religious rituals on school grounds “of their own accord,” but only after school hours. Outside instructors, including clergy of any denomination, may only attend or direct students’ religious education or activities if students invite them to do so; school administration and teachers may not be involved in this process. The law includes no specific regulations for private religious schools. Private schools must follow the national curriculum, although they are free to add subjects, including religious studies, if they wish.

The MOIA’s Department of Human Rights is responsible for assessing whether crimes are motivated by religious hatred and for monitoring the quality of investigations into hate crimes.

By law, the PGO, which is separate from the MOIA, prosecutes human rights violations involving religious intolerance, while the Public Defender’s Office serves as the country’s human rights ombudsman and monitors complaints of restrictions on religious freedom. The Public Defender’s Office’s Tolerance Center carries out educational activities and monitors and analyzes cases of religious and ethnic discrimination. It also coordinates the Public Defender’s Office-affiliated Council of Religions and Council of Ethnic Minorities. The Council of Religions has a mandate to protect religious freedom; facilitate a constructive multilateral dialogue among various religious groups; promote a tolerant, fair, and peaceful environment for religious groups; and engage religious minorities in the process of civic integration. It produces an annual report on the status of religious freedom in the country that includes policy recommendations.

The State Inspector Service, a separate investigative body from the PGO, investigates crimes such as torture, degrading treatment, and abuse of power and abuse of office perpetrated by representatives of law enforcement and public officials if they are committed by use of force or violate the personal dignity of a person and involve discriminatory elements or features, including religious motives. Following the investigation, the service refers these cases to the PGO for prosecution. Since its creation in May 2019, the service has not received any information on a religiously motivated crime.

SARI’s mandate is to promote and ensure peaceful coexistence based on principles of equality and tolerance. Its stated responsibilities include researching the existing religious situation and reporting to the government, preparing recommendations and draft legal acts for government consideration, and serving as a consultative body and intermediary for the government in disputes arising between religious associations. SARI may issue nonbinding recommendations to relevant state institutions regarding approval of applications for the construction of religious buildings, determination of their locations, and transfer of such properties to religious organizations. SARI distributes government compensation to the GOC and to Islamic, Jewish, Roman Catholic, and Armenian Apostolic religious organizations registered as legal entities for “the material and moral damages inflicted upon them during the Soviet period.”

The country is a party to the International Covenant on Civil and Political Rights.

Government Practices

The Tolerance Institute again stated that the MOIA generally correctly applied the appropriate articles of the criminal code in most cases and the quality of investigations of crimes motivated by religious hatred continued to improve. The institute stated, however, that the PGO continued to fail to determine whether an individual was a “victim” of a crime under law (i.e., a person who has incurred moral, physical, or material damage as a result of a crime) and to indict individuals for religiously motivated crimes.

During the COVID-19 pandemic, the government declared a state of emergency from March 21 through May 22. According to religious organizations and NGOs, due to the public’s and religious groups’ adherence to government-imposed restrictions, public religious activity declined. NGOs said SARI was unresponsive to minority religious groups’ requests for clarification on restrictions relating to in-person religious services, while it granted the GOC exceptions to or not did not enforce restrictions, thereby enabling the Church to continue hosting in-person religious services, including Orthodox Easter services on April 19.

The NAPR did not register any new religious organization as a legal entity during the year. It rejected the registration application of the Christian Church for All Nations for the second year in a row. The NAPR found the group’s legal documentation was insufficient and requested additional documentation. As of year’s end, the group’s registration process remained suspended pending presentation of additional materials.

Most prisons continued to have Georgian Orthodox chapels and areas for prayer. Muslims were allowed to pray in their cells or prayer areas and to possess Qurans and prayer rugs. According to SARI and Catholic, Armenian Apostolic, Baptist, Muslim, and Jewish groups, prisoners had access to counseling and services for their religion upon request. The government provided accommodation for the dietary restrictions of Muslim and Jewish prisoners. During religious holidays, prisoners were exempt from fulfilling their regular duties.

According to NGOs and minority religious groups, many religious issues, such as tax exemptions and restitution issues, continued to lack a clear legislative framework. SARI and some religious groups’ representatives, including members of the Jewish community and the Armenian Apostolic Church, said they remained in favor of drafting a new, broader “law on religion” to define which groups would be eligible for these and other benefits and to address issues pertaining to the registration and legal status of religious groups and the teaching of religion in public schools. Many civil society representatives and members of other religious groups, including some individuals from the Muslim community, the Catholic Church, and the Evangelical Baptist Church, however, remained opposed, arguing such legislation would allow the government to discriminate against smaller religious communities and increase its leverage over them. They advocated instead making benefits available to all religious groups or to none.

Parliament failed to take action during the year to amend the law granting the GOC tax and property privileges not available to other religious groups, despite a 2018 Constitutional Court ruling that the law was unconstitutional and mandating parliament make legislative changes to either abolish the privileges or grant them to all religious organizations no later than December 31, 2018.

On May 13, the Constitutional Court announced its decision that the case brought by nine religious organizations claiming the GOC’s exclusive property tax exemption on land used for noneconomic purpose violated the constitutional provision guaranteeing equality before the law had merit and would be admitted for substantive consideration. The court had not started this review at year’s end.

On February 20, the Constitutional Court heard arguments on whether to accept for substantive consideration a case brought by nine religious organizations challenging restrictions on the rights of religious organizations other than the GOC to purchase or exchange state-owned property. As of year’s end, the court had not reached a decision.

The Tolerance Institute and other NGOs criticized as unconstitutional and discriminatory amendments passed in May to the Forest Code that granted only the GOC ownership over state forests located near or adjacent to churches and monasteries.

NGOs and some Muslim community leaders stated the government continued to favor and influence the state-funded AMAG, including by influencing the selection of AMAG’s religious leader and selectively transferring land to AMAG. The groups said AMAG was a “Soviet-style” organization that served as a tool of the state to monitor and control religious groups. A number of Muslim groups remained critical of AMAG for insisting it represented all Muslim communities in the country within one organization. Following the December 25, 2019, election of Mufti Shantadze as the new AMAG leader, head of the AMAG education department Mikeladze resigned and made a televised statement saying Shantadze was the candidate of the state security service and his appointment would not benefit the interests of Muslims. Three other leaders – press center head Nadiradze, advisor to the mufti Temur Gorgadze, and publishing house head Gela Gogitidza – also resigned. During the year, Mikeladze and Nadiradze returned to AMAG, and Mikeladze continued to hold senior offices in the education department. Mikeladze and Nadiradze made no statements addressing their departure or return.

At year’s end, the Tbilisi City Court had not ruled on the Armenia Apostolic Church’s January 2018 appeal of the NAPR’s decision to register as the GOC’s property a church that the Armenian Apolstolic Church claimed to own since the collapse of the Soviet Union. The Armenian Apostolic Church continued to petition SARI for restitution of five churches in Tbilisi and one in Akhaltsikhe, all of which the GOC also claimed and authorities registered as state property. As of year’s end, SARI had not officially responded to any of the Armenian Church’s 57 petitions, 20 of which it filed in 2015 and 37 in 2018, for ownership or right-of-usage status. The Armenian Apostolic Church said the only communication from SARI during the year was SARI chairman Zaza Vashakmadze telling the group the issue was “under consideration.” The Church reported it operated all 57 churches in the country but did not own any of them. The Church also stated it had not petitioned NAPR during the year to register them as Church-owned property. SARI said the Armenian Apostolic Church had not provided sufficient evidence of ownership but that it was in communication with the Church and expressed willingness to cooperate in the future.

Muslim community members continued to state there was a lack of transparency in government decisions regarding construction of mosques. The Muslim community continued to dispute the government’s ownership of mosques in Kvemo Kartli, Adigeni, and Adjara. The government owned the land as a legacy from the Soviet period and, in some cases, said the existing mosques were former Georgian Orthodox houses of worship that had been converted during the Ottoman and Persian empires or were constructed during those periods on land where Georgian Orthodox houses of worship had once stood. AMAG reported that when the government transferred state-owned mosques, it only did so for AMAG to use for a 49-year or unlimited period; the government did not transfer full ownership of the property or land.

The Kutaisi Court of Appeal held hearings in February and July on the Batumi city government’s appeal connected to its 2017 decision to deny the local Muslim community a permit to build a mosque but did not reach a decision by year’s end. In 2019, the Batumi City Court ruled that the Batumi city government had discriminated against the New Mosque Construction Fund (an entity representing members of the Batumi Muslim community seeking to establish a new mosque) by denying the permits necessary to build a new mosque on land the fund owned. The lower court ordered the mayor’s office to reconsider its decision. The Batumi city government rescinded the 3,000 lari ($920) fine it had imposed in 2017 for the construction of a temporary wooden structure built on the fund’s land, pending the outcome of the appeal. The NGO Human Rights Education Monitoring Center (EMC) described the status of the case as “frozen.”

The government continued to pay subsidies for the restoration of religious properties it considered national cultural heritage sites. The National Agency for Cultural Heritage, housed within the Ministry of Education, Science, Culture, and Sport, allocated 1.91 million lari ($584,000) during the year for the restoration of religious monuments, compared with 2.3 million lari ($703,000) in 2019.

As of year’s end, the Supreme Court failed to act on a 2018 EMC appeal of a lower court ruling that the MOIA had not discriminated against Muslims when it failed to prevent vandalism against an Islamic boarding school that was under construction in Kobuleti, near Batumi, in 2014. The vandalism followed anti-Turkish and anti-Muslim protests concerning the school. As a result of the protests, the local municipality refused to connect sewage and water systems. In 2018, a lower court ruled the municipality had to connect the school to utility services, but the municipality took no action, and the boarding school remained incomplete as of year’s end, without water and sewage services.

Tolerance Institute representatives continued to state that religious education in public schools persisted, although the law provided for religious neutrality and nondiscrimination. The GOC did not offer any formal religious studies classes in public institutions. Although the GOC had the right to have direct involvement in public institutions, such as schools, under the concordat, the government did not define clear legal structures for it to do so. Prior to schools being closed in February due to COVID-19 restrictions, NGOs and non-Georgian Orthodox organizations, such as the EMC, reported Georgian Orthodox clergy often visited classes during the regular school day, sometimes at the initiative of teachers or school administrators, despite the law restricting such visits to after hours.

As a result of the COVID-19 pandemic, the government shifted the majority of schools to online instruction, and there were no reports of religious discrimination in schools during the year. The Tolerance Institute stated that students were also hesitant to report cases of religious discrimination in schools for fear of reprisal from fellow students, teachers, or school officials. The institute also reported the process for selecting textbooks became more inclusive, with the Ministry of Education inviting human rights experts to review the content for discriminatory or biased language that favored the GOC.

During the year, the Tolerance Institute represented two Seventh-day Adventist university applicants who, due to their religious beliefs, could not take entrance examinations on Saturday and were denied a date change by the government. The institute filed suit with the Tbilisi City Court, and the court ruled that the government was obligated to reschedule the examination to accommodate the applicants’ religious beliefs. The court stressed the importance of freedom of religion and respecting the needs of religious minorities in the context of the right to equality. The Equality Department of the Public Defender’s Office issued a general proposal to the Ministry of Education, based on information provided by the Tolerance Institute, recommending the ministry take into account the needs of religious minorities. Although the applicants successfully passed the examinations and enrolled in university, the case remained pending at year’s end, as the Tolerance Institute asked the court to find that the ministry had discriminated against the applicants because of their religion and to award “symbolic compensation” of one lari (22 cents) for “moral damage.”

During the year, the government through SARI allocated 25 million lari ($7.65 million) to the GOC and 3.5 million lari ($1.07 million) to approved non-Georgian Orthodox religious communities to provide partial compensation for damage caused during the totalitarian Soviet regime. The 3.5 million lari ($1.07 million) was distributed as follows: 2.20 million lari ($673,000) to the Muslim community, represented by AMAG; 400,000 lari ($122,000) to the Roman Catholic Church; 600,000 lari ($183,000) to the Armenian Apostolic Church; and 300,000 lari ($91,700) to the Jewish community. SARI said the remaining one million lari ($306,000) would be distributed among the religious communities “later.” This was a decrease from the 2019 amounts: 25 million lari ($7.65 million) to the GOC; 2.75 million lari ($841,000) to the Muslim community, represented by AMAG; 550,000 lari ($168,000) to the Roman Catholic Church; 800,000 lari ($245,000) to the Armenian Apostolic Church; and 400,000 lari ($122,000) to the Jewish community. SARI’s position was that the payments were of “partial and of symbolic character,” and that the government continued to take into account levels of damage and “present day negative conditions” of religious groups in determining compensation. NGOs and religious groups continued to criticize the exclusion of other religious groups, including the Evangelical Lutheran Church, from the legislation designating the five groups eligible to receive compensation, and they questioned the criteria the government used to select which groups received compensation.

The MOIA Department of Human Rights conducted eight training sessions during the year – five total in Tbilisi and Batumi and three online. At these events, it trained 139 MOIA employees on aspects of religious discrimination and hate crimes. Fifteen employees completed the ministry’s remote learning course on hate crimes investigation.

In October, the Public Defender’s Office-affiliated Council of Religions produced its annual report on the status of religious freedom in the country. The report identified areas needing improvement and made specific recommendations in the following categories: legislative regulation of freedom of religion; crimes motivated by intolerance; state policy on freedom of religion; property issues; border crossing by religious groups; the import of religious literature; police conduct in areas with ethnic and religious minorities; education; reflecting diversity; confronting hate speech and anti-Western propaganda; and the role of the media. During the October conference to discuss the report’s recommendations, many NGO and religious leaders said they were disappointed that the council’s recommendations were similar or identical to those it had made in past years, with no improvement or progress on the issues identified.

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