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Georgia

Executive Summary

Georgia’s constitution provides for an executive branch that reports to the prime minister, a unicameral parliament, and a separate judiciary. The government is accountable to parliament. The president is the head of state and commander in chief. Under the constitution that came into force after December 2018, future presidents are not elected by popular vote, but by members of parliament. The Organization for Security and Cooperation in Europe deployed a limited number of observers for the October 31 parliamentary elections due to COVID-19; in a preliminary assessment, the observers stated the first round of the elections was competitive and, overall, fundamental freedoms were respected, but “pervasive allegations of pressure on voters and blurring of the line between the ruling party and the state reduced public confidence in some aspects of the process.”

The Ministry of Internal Affairs and the State Security Service of Georgia have primary responsibility for law enforcement and the maintenance of public order. The ministry is the primary law enforcement organization and includes the national police force, the border security force, and the Georgian Coast Guard. The State Security Service of Georgia is the internal intelligence service responsible for counterintelligence, counterterrorism, and anticorruption efforts. There were indications that at times civilian authorities did not maintain effective control of domestic security forces. Members of the security forces allegedly committed some abuses.

Significant human rights issues included: serious problems with the independence of the judiciary along with detentions, investigations and prosecutions widely considered to be politically motivated; unlawful interference with privacy; limited respect for freedom of peaceful assembly and association; and crimes involving violence or threats targeting lesbian, gay, bisexual, transgender, and intersex persons.

The government took steps to investigate some officials for human rights abuses, but impunity remained a problem, including a lack of accountability for the inappropriate police force used against journalists and protesters during June 2019 demonstrations and the 2017 abduction and rendition from Georgia of Azerbaijani journalist and activist Afgan Mukhtarli.

Russian-occupied regions of Abkhazia and South Ossetia remained outside central-government control and de facto authorities were supported by Russian forces. The 2008 ceasefire remained in effect, but Russian guards restricted the movement of local populations. Significant human rights issues in the regions included: unlawful killing, including in South Ossetia; unlawful detentions; restrictions on movement, especially of ethnic Georgians; restrictions on voting or otherwise participating in the political process; and restrictions on the ability of ethnic Georgians to own property or register businesses. While there was little official information on the human rights and humanitarian situation in South Ossetia, de facto authorities refused to permit most ethnic Georgians driven out by the 2008 conflict to return to their homes in South Ossetia. De facto authorities did not allow most international organizations regular access to South Ossetia to provide humanitarian assistance. Russian “borderization” of the administrative boundary lines increased, further restricting movement and separating residents from their communities and livelihoods. Russian and de facto authorities in both regions committed abuses with impunity.

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Acts of Violence, Criminalization, and Other Abuses based on Sexual Orientation and Gender Identity

The law makes acting on the basis of prejudice because of a person’s sexual orientation or gender identity an aggravating factor for all crimes. According to NGOs, however, the government rarely enforced the law. The Human Rights Department of the Ministry of Internal Affairs trained officers on hate crimes.

The Public Defender’s Office reported LGBTI individuals continued to experience systemic violence, oppression, abuse, intolerance, and discrimination. LGBTI rights organizations reported several instances of violence against LGBTI individuals during the year. Authorities opened investigations into several of the cases. The office reported that violence against LGBTI individuals, whether in the family or in public spaces, was a serious problem and that the government was unable to respond to this challenge.

LGBTI organizations, NGOs, and the Public Defender’s Office reported the government’s ineffective antidiscrimination policy reduced the LGBTI community’s trust in state institutions, and they pointed to homophobic statements by politicians and public officials as furthering hatred and intolerance against the LGBTI community.

Starting in May and continuing through the summer, there were numerous vandalism attacks and anti-LGBTI demonstrations at the Tbilisi Pride office. On May 26, a flag was stolen from the office of Tbilisi Pride. As of year’s end, an investigation was underway. On June 7, black paint and eggs were thrown at the Tbilisi Pride’s office and at the flag displayed on the office’s balcony. The Tbilisi City Court found four persons in violation of the administrative law; three were verbally warned, and one received a fine of 500 lari ($150). On July 21-22, painted eggs were thrown at the flag displayed on the office’s balcony and into the building’s entrance. The investigation continued at year’s end. On August 3, painted eggs were again thrown at the pride flag on the office’s balcony. The case was pending at year’s end. During an October meeting with the Public Defender’s Office, LGBTI organizations expressed frustration that only the attackers were investigated and none of the organizers behind the attacks had been investigated or charged. LGBTI organizations claimed that persons who were charged were only pawns organized and paid by Levan Vasadze and other prominent anti-LGBTI figures.

As of December the Public Defender’s Office had received six complaints of discrimination on the basis of sexual orientation and gender identity. One of the complaints was from a transgender woman in prison who claimed she was unable to receive the medication required for her hormonal treatment. In another case, the claimant alleged being threatened due to the claimant’s sexual orientation but police did not respond appropriately. In the third case, the claimant alleged being physically attacked and injured on the head by a man not known to the victim. An NGO lawyer told the Ministry of Internal Affairs that, due to the low trust among LGBTI individuals in local law enforcement organizations, the victim appealed to the Public Defender’s Office to monitor the investigation process.

In June 2019 the Ministry of Internal Affairs charged one person for making death threats on the basis of sexual orientation after he threatened an individual who made public statements against homophobia on May 17, the International Day against Homophobia, Biphobia, and Transphobia. As of year’s end, the case remained on trial at Batumi City Court.

Israel, West Bank and Gaza

Read A Section: Israel

West Bank and Gaza

EXECUTIVE SUMMARY

Israel is a multiparty parliamentary democracy. Although it has no constitution, its parliament, the unicameral 120-member Knesset, has enacted a series of “Basic Laws” that enumerate fundamental rights. Certain fundamental laws, orders, and regulations legally depend on the existence of a “state of emergency,” which has been in effect since 1948. Under the Basic Laws, the Knesset has the power to dissolve itself and mandate elections. On March 2, Israel held its third general election within a year, which resulted in a coalition government. On December 23, following the government’s failure to pass a budget, the Knesset dissolved itself, which paved the way for new elections scheduled for March 23, 2021.

Under the authority of the prime minister, the Israeli Security Agency combats terrorism and espionage in Israel, the West Bank, and Gaza. The national police, including the border police and the immigration police, are under the authority of the Ministry of Public Security. The Israeli Defense Forces are responsible for external security but also have some domestic security responsibilities and report to the Ministry of Defense. Israeli Security Agency forces operating in the West Bank fall under the Israeli Defense Forces for operations and operational debriefing. Civilian authorities maintained effective control over the security services. The Israeli military and civilian justice systems have on occasion found members of the security forces to have committed abuses.

Significant human rights issues included: reports of unlawful or arbitrary killings, including targeted killings of Israeli civilians and soldiers; arbitrary detention, often extraterritorial in Israel, of Palestinians from the West Bank and Gaza; restrictions on Palestinians residing in Jerusalem including arbitrary or unlawful interference with privacy, family, and home; interference with freedom of association, including stigmatizing human rights nongovernmental organizations; significant restrictions on freedom of movement; violence against asylum seekers and irregular migrants; violence or threats of violence against national, racial, or ethnic minority groups; and labor rights abuses against foreign workers and Palestinians from the West Bank.

The government took steps to prosecute and punish officials who committed abuses within Israel regardless of rank or seniority.

This section of the report covers Israel within the 1949 Armistice Agreement line as well as Golan Heights and East Jerusalem territories that Israel occupied during the June 1967 war and where it later extended its domestic law, jurisdiction, and administration. The United States recognized Jerusalem as the capital of Israel in 2017 and Israel’s sovereignty over the Golan Heights in 2019. Language in this report is not meant to convey a position on any final status issues to be negotiated between the parties to the conflict, including the specific boundaries of Israeli sovereignty in Jerusalem, or the borders between Israel and any future Palestinian state.

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

The law prohibits discrimination based on sexual orientation, including in goods, services, and employment. The government generally enforced the law, although some discrimination in employment and housing persisted against LGBTQI+ persons in general and against transgender persons in particular. On April 20, a magistrate court ordered a company that refused to print materials with LGBTQI+ content for the Israel LGBTI Task Force to compensate the organization.

The trial against two individuals on charges of attempted murder of their 16-year-old brother, whom they stabbed outside an LGBTQI+ youth shelter in 2019, allegedly on the basis of his sexual orientation, was pending at year’s end. Some violent incidents against LGBTQI+ individuals during the year led to arrests and police investigations. For example, on August 12, police indicted two minors for assault and causing injury under aggravated circumstances to LGBTQI+ minors in Jaffa on August 1.

On February 4, then minister of education Rafi Peretz announced he would grant an Israel Prize for Torah literature to Rabbi Yaacov Ariel, the former rabbi of Ramat Gan, who made public statements against LGBTQI+ persons, including a 2014 call not to rent apartments to lesbian couples. On April 26, the Supreme Court rejected a petition filed by the Israel LGBTI Taskforce against the granting of the prize to Ariel, stating the case did not justify the court’s intervention. Ariel refused to retract his statements.

LGBTQI+ activists were able to hold public events and demonstrations but were restricted by COVID-19 emergency regulations limiting such participation (see section 2.b.).

IPS regulations prohibit holding transgender prisoners in solitary confinement. According to ACRI, one transgender woman was held in a separation wing used as a punitive measure for women removed from regular wings, for more than one year. In September she was transferred to a regular wing, following legal work by ACRI.

West Bank and Gaza

Read A Section: West Bank And Gaza

Israel

EXECUTIVE SUMMARY

The Palestinian Authority basic law provides for an elected president and legislative council. There have been no national elections in the West Bank and Gaza since 2006. President Mahmoud Abbas has remained in office despite the expiration of his four-year term in 2009. The Palestinian Legislative Council has not functioned since 2007, and in 2018 the Palestinian Authority dissolved the Constitutional Court. In September 2019 and again in September, President Abbas called for the Palestinian Authority to organize elections for the Palestinian Legislative Council within six months, but elections had not taken place as of the end of the year. The Palestinian Authority head of government is Prime Minister Mohammad Shtayyeh. President Abbas is also chairman of the Palestine Liberation Organization and general commander of the Fatah movement.

Six Palestinian Authority security forces agencies operate in parts of the West Bank. Several are under Palestinian Authority Ministry of Interior operational control and follow the prime minister’s guidance. The Palestinian Civil Police have primary responsibility for civil and community policing. The National Security Force conducts gendarmerie-style security operations in circumstances that exceed the capabilities of the civil police. The Military Intelligence Agency handles intelligence and criminal matters involving Palestinian Authority security forces personnel, including accusations of abuse and corruption. The General Intelligence Service is responsible for external intelligence gathering and operations. The Preventive Security Organization is responsible for internal intelligence gathering and investigations related to internal security cases, including political dissent. The Presidential Guard protects facilities and provides dignitary protection. Palestinian Authority civilian authorities maintained effective control of security forces. Members of the Palestinian Authority security forces reportedly committed abuses.

In Gaza the designated terrorist organization Hamas exercised authority. The security apparatus of Hamas in Gaza largely mirrored that in the West Bank. Internal security included civil police, guards and protection security, an internal intelligence-gathering and investigative entity (similar to the Preventive Security Organization in the West Bank), and civil defense. National security included the national security forces, military justice, military police, medical services, and the prison authority. Hamas maintained a large military wing in Gaza, named the Izz ad-din al-Qassam Brigades. In some instances Hamas utilized the Hamas movement’s military wing to crack down on internal dissent. Hamas security forces reportedly committed numerous abuses.

The government of Israel maintained a West Bank security presence through the Israel Defense Force, the Israeli Security Agency, the Israel National Police, and the Border Guard. Israel maintained effective civilian control of its security forces throughout the West Bank and Gaza. The Israeli military and civilian justice systems have on occasion found members of Israeli security forces to have committed abuses.

Oslo Accords-era agreements divide the West Bank into Areas A, B, and C. West Bank Palestinian population centers mostly fall into Area A. The Palestinian Authority has formal responsibility for security in Area A, but Israeli security forces frequently conducted security operations there. The Palestinian Authority and Israel maintain joint security control of Area B in the West Bank. Israel retains full security control of Area C and has designated most Area C land as either closed military zones or settlement zoning areas. In May the Palestinian Authority suspended security coordination with Israel to protest Israel’s potential extension of sovereignty into areas of the West Bank. As of November the Palestinian Authority had resumed most security coordination with Israel.

Significant human rights issues included:

1) With respect to the Palestinian Authority: reports of unlawful or arbitrary killings, torture, and arbitrary detention by authorities; holding political prisoners and detainees; significant problems with the independence of the judiciary; arbitrary or unlawful interference with privacy; serious restrictions on free expression, the press, and the internet, including violence, threats of violence, unjustified arrests and prosecutions against journalists, censorship, and site blocking; substantial interference with the rights of peaceful assembly and freedom of association, including harassment of nongovernmental organizations; restrictions on political participation, as the Palestinian Authority has not held a national election since 2006; acts of corruption; lack of investigation of and accountability for violence against women; violence and threats of violence motivated by anti-Semitism; anti-Semitism in school textbooks; violence and threats of violence targeting lesbian, gay, bisexual, transgender, or intersex persons; and reports of forced child labor.

2) With respect to Hamas: reports of unlawful or arbitrary killings, systematic torture, and arbitrary detention by Hamas officials; political prisoners; arbitrary or unlawful interference with privacy; serious restrictions on free expression, the press, and the internet, including violence, threats of violence, unjustified arrests and prosecutions against journalists, censorship, site blocking, and the existence of criminal libel and slander laws; substantial interference with the rights of peaceful assembly and freedom of association; restrictions on political participation, as there has been no national election since 2006; acts of corruption; reports of a lack of investigation of and accountability for violence against women; violence and threats of violence motivated by anti-Semitism; anti-Semitism in school textbooks; unlawful recruitment and use of child soldiers; violence and threats of violence targeting lesbian, gay, bisexual, transgender, or intersex persons; and forced or compulsory child labor.

3) With respect to Israeli authorities in the West Bank: reports of unlawful or arbitrary killings due to unnecessary or disproportionate use of force; reports of torture; reports of arbitrary detention; arbitrary or unlawful interference with privacy; restrictions on free expression, the press, and the internet, including violence, threats of violence, unjustified arrests and prosecutions against journalists, censorship, and site blocking; restrictions on Palestinians residing in Jerusalem including arbitrary or unlawful interference with privacy, family, and home; substantial interference with the rights of peaceful assembly and freedom of association, including harassment of nongovernmental organizations; and significant restrictions on freedom of movement, including the requirement of exit permits.

4) With respect to Palestinian civilians: two reports of unlawful or arbitrary killings, and violence and threats of violence against Israeli citizens.

5) With respect to Israeli civilians: reports of violence and threats of violence motivated by extremist nationalist sentiment.

In May the Palestinian Authority suspended coordination with Israel and resumed it in November, which dampened impetus for the Palestinian Authority to take steps to address impunity or reduce abuses. There were criticisms that senior officials made comments glorifying violence in some cases and inappropriately influenced investigations and disciplinary actions related to abuses. Israeli authorities operating in the West Bank took steps to address impunity or reduce abuses, but there were criticisms they did not adequately pursue investigations and disciplinary actions related to abuses. There were no legal or independent institutions capable of holding Hamas in Gaza accountable, and impunity was widespread. Also in Gaza there are several militant groups, including Palestinian Islamic Jihad, with access to heavy weaponry that do not always adhere to Hamas authority.

This section of the report covers the West Bank, Gaza, and East Jerusalem territories that Israel occupied during the June 1967 war. In 2017 the United States recognized Jerusalem as the capital of Israel. Language in this report is not meant to convey a position on any final status issues to be negotiated between the parties to the conflict, including the specific boundaries of Israeli sovereignty in Jerusalem, or the borders between Israel and any future Palestinian state.

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

In the West Bank, PA law, based on the 1960 Jordanian penal code, does not prohibit consensual same-sex sexual activity. NGOs reported PA security officers and neighbors harassed, abused, and sometimes arrested individuals due to their sexual orientation or gender identity. In Gaza, under the British Mandate Penal Code of 1936, sexual acts “against the order of nature” are criminalized. NGOs reported Hamas security forces harassed and detained persons due to their sexual orientation or gender identity.

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