31/15 Report of the Working Group on the Universal Periodic Review - Georgia
Document Type: Final Report
Date: 2015 Jan
Session: 31st Regular Session (2016 Feb)
Agenda Item:
Human Rights Council Thirty-first session
Agenda item 6
Universal periodic review
Report of the Working Group on the Universal Periodic Review*
Georgia
* The annex is being circulated in the language of submission only.
Contents
Page
Introduction ...................................................................................................................................... 3
I. Summary of the proceedings of the review process ......................................................................... 3
A. Presentation by the State under review .................................................................................... 3
B. Interactive dialogue and responses by the State under review ................................................. 6
II. Conclusions and/or recommendations .............................................................................................. 13
Annex
Composition of the delegation ......................................................................................................... 27
Introduction
1. The Working Group on the Universal Periodic Review, established in accordance
with Human Rights Council resolution 5/1, held its twenty-third session from 2 to 13
November 2015. The review of Georgia was held at the 13th meeting, on 10 November
2015. The delegation of Georgia was headed by the Deputy Minister of Foreign Affairs,
Khatuna Totladze. At its 17th meeting, held on 12 November 2015, the Working Group
adopted the report on Georgia.
2. On 13 January 2015, the Human Rights Council selected the following group of
rapporteurs (troika) to facilitate the review of Georgia: Algeria, Portugal and the former
Yugoslav Republic of Macedonia.
3. In accordance with paragraph 15 of the annex to Human Rights Council resolution
5/1 and paragraph 5 of the annex to Council resolution 16/21, the following documents
were issued for the review of Georgia:
(a) A national report submitted/written presentation made in accordance with
paragraph 15 (a) (A/HRC/WG.6/23/GEO/1);
(b) A compilation prepared by the Office of the United Nations High
Commissioner for Human Rights (OHCHR) in accordance with paragraph 15 (b)
(A/HRC/WG.6/23/GEO/2 and Corr.1);
(c) A summary prepared by OHCHR in accordance with paragraph 15 (c)
(A/HRC/WG.6/23/GEO/3).
4. A list of questions prepared in advance by Belgium, the Czech Republic, Germany,
Mexico, the Netherlands, Norway, Slovenia, Spain, Sweden, Switzerland and the United
Kingdom of Great Britain and Northern Ireland was transmitted to Georgia through the
troika. These questions are available on the extranet of the Working Group.
I. Summary of the proceedings of the review process
A. Presentation by the State under review
5. The delegation of Georgia noted that the review was taking place just after
Georgia’s election as a member of the Human Rights Council. Georgia was honoured to
become a member; its membership underlined the country’s commitment to further
advancing its national and foreign policies for the protection of human rights.
6. Georgia was keen to discuss the human rights situation in the country and saw the
universal periodic review as a unique instrument for the promotion and protection of human
rights. During the first review cycle, Georgia had undertaken to implement 136
recommendations, and had successfully implemented 98 of these; the implementation of the
remaining 38 was ongoing. In 2013, Georgia had submitted a midterm report on the
implementation of the recommendations.
7. Georgia’s second national report had been prepared by an inter-agency group which
brought together high- and mid-level officials from the executive, judicial and legislative
branches. That group had been established in 2014 for the implementation of reporting
obligations before the United Nations treaty- and Charter-based bodies. It had also engaged
widely with the non-governmental sector; numerous consultative and dissemination
activities had been carried out as part of an ongoing process.
8. Georgia had had continued fruitful cooperation with the special procedure mandate
holders. Its commitment was underlined through its standing invitation. Several visits had
occurred during the second review cycle, and more were planned for 2016.
9. Georgia enumerated its major achievements since the first review period, starting
with the successful completion of a cycle of democratic and competitive elections which
had created a precedent for the peaceful transfer of power in 2012. The 2012 parliamentary,
2013 presidential and 2014 local elections had all been assessed by international observers
as having been free and fair. Various constitutional amendments had entered into force
following the transfer of power. They had introduced new regulation of the balance of
power and mechanisms for greater accountability at all levels of Government.
10. In 2014, following the transparent involvement of civil society and international
actors, Georgia had adopted its first comprehensive long-term human rights strategy, for the
period 2014-2020, and a subsequent action plan for the period 2014-2015. That strategy had
been elaborated on the basis of the recommendations of the national human rights
institution, OHCHR, national and international human rights non-governmental
organizations and the report of the European Union Special Adviser on Constitutional and
Legal Reform and Human Rights in Georgia. The strategy strengthened the rights-based
approach that would drive State policy and programmes and identify the relevant rights
holders and duty bearers. The Human Rights Inter-agency Council under the Prime
Minister, which included civil society and international organizations with the right to vote,
was responsible for the effective implementation and monitoring of the strategy. The
Council was accountable before Parliament through the submission of an annual report.
11. The comprehensive anti-discrimination law, adopted in 2014, was an important
development, as the first legislative mechanism in Georgia that explicitly prohibited all
forms of discrimination, including on the basis of gender identity, in both the public and
private sectors. The Public Defender was tasked with monitoring its implementation.
12. In order to strengthen systems for the protection of human rights, both the President
and the Prime Minister had appointed advisers on human rights issues. Within the Foreign
Ministry, an ambassador-at-large was responsible for the human rights portfolio.
13. Georgia stated that its judiciary had benefited from wide-ranging reform. For
example, in 2013 the High Council of Justice – the country’s key judicial institution – had
become more democratic, open and transparent. Civil society representatives and
academics had replaced members of Parliament sitting in the Council, and television
cameras had now been allowed into courtrooms. In 2014, life tenure for judges had been
introduced, together with new transparent and objective criteria and procedures for the
appointment and appraisal of judges by the Council. Further reforms were under way.
14. Turning to reforms in the law enforcement sector, Georgia stated that the
Government had divided police and intelligence functions, with the police acting as a
community-oriented agency to prevent and combat crime. Reforms had also been
implemented in the migration services and with regard to the protection of personal data by
the police. Human rights was now an essential subject in the police academy, considerable
work had been done to address domestic violence, the recruitment of women had been
increased and anti-discrimination guidelines for police officers had been introduced.
15. Georgia outlined reforms undertaken to depoliticize and strengthen the prosecution.
The prosecutorial powers of the Minister of Justice had passed to the Chief Prosecutor,
while a gender-balanced Prosecutorial Council, which included prosecutors, representatives
of the legislative and judicial branches and civil society, had recently been established and
would nominate candidates for the position of Chief Prosecutor for final selection by
Parliament.
16. Georgia considered that torture and ill-treatment had been eliminated as a systemic
problem and noted that the Special Rapporteur on torture and other cruel, inhuman or
degrading treatment or punishment had acknowledged the success of the reforms
undertaken since 2012.
17. In relation to the penitentiaries, Georgia reported that the number of inmates had
been more than halved in 2013 as a result of a large-scale amnesty. The decreased number
of inmates had been maintained without a significant impact on public safety. Minimum
space for inmates had been guaranteed; internal monitoring of detention mechanisms had
been strengthened and external monitoring had been carried out by the Public Defender and
the national preventive mechanism. Prisoners enjoyed health services equivalent to those
provided to the general public.
18. Reforms since 2012 had built a data protection system, which included a data
protection supervisory authority with a head elected by Parliament and a mandate covering
the private and public sectors, including law enforcement agencies.
19. Georgia’s numerous reforms to improve the media environment and facilitate
pluralism included the adoption of legislation on the Board of the Public Broadcaster and
measures for the improved financial transparency of television companies, the digital
switchover and the obligation to include on cable and satellite services all television
stations that broadcast news.
20. Georgia noted that the Public Defender had recognized the positive developments
that had occurred following the amendments to the legislation covering assemblies and
demonstrations.
21. In the light of Georgia’s religious diversity, the Government had decided, in line
with best European practice, to set up the State Agency for Religious Issues, which made
recommendations based upon research and dialogue between religious associations in
Georgia.
22. With respect to finding long-term solutions for internally displaced persons and the
protection of their rights during displacement, the delegation outlined the new policies of
Georgia, with improved criteria for beneficiary selection and housing allocation procedures.
The budget allocation for durable solutions had increased dramatically, and 15,000 families
had already been given accommodation. Still, the ultimate goal was a safe, dignified and
unconditional return of internally displaced persons who were victims of ethnic cleansing to
their places of origin.
23. Protecting women’s rights was stated to be one of Georgia’s top priorities. Recent
developments included several legislative changes and improved maternity leave. National
action plans on gender equality, the implementation of Security Council resolution
1325 (2000) and the elimination of domestic violence had also been adopted.
24. In 2015, Parliament had adopted a juvenile justice code aimed at fully incorporating
into law the relevant principles enshrined in the Convention on the Rights of the Child and
other relevant international standards. Furthermore, Georgia had committed itself, within
the National Strategy on Human Rights for 2014-2020, to further improving the educational
system, developing health-care and social services, reducing poverty and child mortality
and ensuring the effective protection of children from violence. Financial assistance for
children with disabilities and social-care programmes had also been significantly increased.
25. Georgia had ratified the Convention on the Rights of Persons with Disabilities in
2014. The coordination of its implementation was led by the Prime Minister, and an action
plan had been adopted to ensure equal opportunities for persons with disabilities.
26. Georgia reported that it had made significant progress in the protection of labour
rights, including through amendments to the Labour Code in 2013 based upon International
Labour Organization standards. A mediation service had been created in order to prevent
and resolve labour disputes, along with a State programme for the monitoring of labour
conditions. The Government would continue to strengthen the labour inspectorate
mechanism.
27. Georgia stated that its civic integration policy was aimed at protecting the rights of
national minorities, ensuring civic integration and supporting the further development of a
tolerant environment. The civic equality and integration strategy, and the respective action
plan, for 2015-2020 would further contribute to ensuring equality, the participation of
ethnic minorities in all spheres of public life and the preservation of their cultures and
identities.
28. Georgia highlighted the launch in 2013 of the “Georgia 2020” socioeconomic
development strategy, aimed at guaranteeing the right to health and a universal health-care
programme, as well as the launch of a programme to eliminate hepatitis C, providing the
population with a pre-diagnostic examination, the latest medicines and monitoring.
29. The delegation stated that Georgia had consistently pursued policies aimed at
ensuring the full enjoyment of rights for the entire population, but the foreign military
occupation of Georgia’s regions of Abkhazia and Tskhinvali/South Ossetia gravely affected
the human rights situation in those regions. It noted that human rights violations occurred
frequently in the occupied territories, including but not limited to subjecting people to
arbitrary detention, systematic violation of property rights, restrictions on the freedom of
movement and denial of the right to education in one’s native language. It was concerned
that, in 2011, the occupying forces had intensified the process of installing barbed wire
fences and other obstacles along the occupation line in both regions. Georgia was
particularly alarmed that no international monitoring mechanisms were allowed access and
quoted the assessment by the former Human Rights Commissioner Navi Pillay of the
Tskhinvali region as “a black hole” and “one of the most inaccessible places on earth, with
no access permitted for international agencies”. It stated that the dire situation clearly
demonstrated the urgent need for the active involvement of OHCHR and the special
procedure mandate holders.
B. Interactive dialogue and responses by the State under review
30. Croatia commended Georgia for its achievements in addressing torture and
ill-treatment in the prison system. It welcomed the adoption of the anti-discrimination law
and the proclamation of 2014 as the year of women’s rights.
31. The Czech Republic acknowledged the genuine efforts that had been made by
Georgia to improve respect for human rights and the rule of law since the previous review
cycle.
32. Denmark commended Georgia for the progress achieved on the four
recommendations it had put forward during the first review. It was concerned by the
extensive use of pretrial detention and the occurrence of lengthy detentions that were
disproportionate to the crimes alleged.
33. Djibouti welcomed the progress made in the implementation of recommendations
accepted during the previous review cycle, including the adoption of the Law on the
Elimination of All Forms of Discrimination.
34. Egypt noted the role played by the national inter-agency coordination mechanism. It
regretted that the criminal code did not prohibit racist discourse, the dissemination of ideas
based on racial superiority or expressions of racial hatred.
35. Estonia supported the territorial integrity of Georgia and stood for free access by
Georgian and international institutions to observe the human rights situation in the occupied
territories. It commended Georgia for cooperating with the International Criminal Court.
36. France welcomed the ratification of the Convention on the Rights of Persons With
Disabilities and the Council of Europe Convention on Preventing and Combating Violence
against Women and Domestic Violence (Istanbul Convention). France asked whether
Georgia planned to strengthen the Public Defender’s Office and allocate additional
resources to implement the anti-discrimination law.
37. Germany welcomed the improvement of the situation regarding freedom of the press
and independent journalism. However, a recent court case adjudicating the ownership and
management of a television channel gave reason for concern.
38. Ghana commended the ratification of the Convention on the Rights of Persons with
Disabilities and called on Georgia to consider also ratifying its Optional Protocol. Ghana
was concerned at reported attempts by the Government to influence some media outlets.
39. Greece highlighted progress in the promotion of gender equality, recent reforms in
the field of the protection of persons with disabilities and progress in the fight against
trafficking in persons, which remained an important challenge.
40. Honduras welcomed the adoption of the law against discrimination and the measures
taken in 2014 and 2015 to protect internally displaced persons and ensure their welfare.
41. Hungary noted that the implementation of the Convention on the Rights of Persons
with Disabilities was still lacking. It saw room for further improvement with regard to
investigating reports of torture or ill-treatment and prosecuting cases that involved such
treatment. Hungary regretted that corporal punishment of children was still lawful in
Georgia.
42. Iceland welcomed the introduction of the national plan of action for gender equality
and urged Georgia to ensure that sanctions were sufficient to discourage and prevent
discrimination, and to take further steps in that regard.
43. Indonesia stated that the rights of migrant workers should be one of the priorities of
the international community. It welcomed the adoption of the national strategy for the
protection of human rights in Georgia and its action plan.
44. Ireland commended Georgia for hosting several visits of the special procedure
mandate holders and for responding to the majority of their communications. Ireland noted
ongoing concerns, including the use of pretrial detention as a preventive measure and the
timeliness of trials.
45. Italy welcomed the adoption of the national strategy for the protection of human
rights and its corresponding action plan, as well as the plan for the elimination of domestic
violence. It expressed appreciation for the establishment of a State agency for religious
issues.
46. Japan commended Georgia for the adoption of the Law on the Elimination of All
Forms of Discrimination in May 2014, but noted that the participation of women in
policymaking processes, as recommended during the first review cycle, had reportedly not
improved.
47. Latvia valued the cooperation and openness of Georgia with the special procedure
mandate holders. It regretted that those mandate holders had been unable to visit the
occupied territories in view of the deteriorating human rights situation in Abkhazia and
South Ossetia.
48. Lithuania welcomed progress made in the reform of the judiciary, the strengthening
of the independence of the High Council of Justice and the strengthening of the Legal Aid
Service. It commended efforts to ensure decent conditions for all internally displaced
persons and refugees.
49. Mexico welcomed the decision to allocate resources for the Public Defender and
acknowledged the efforts made to strengthen the normative human rights framework,
through the adoption of the human rights strategy and other measures.
50. Montenegro welcomed progress made between the two review cycles and expressed
appreciation for the amendments made in 2014 to the Prison Code. It asked for more
information on measures taken to ensure the independence and accountability of the
Prosecutor’s Office.
51. Morocco said it was encouraged by the adoption of the action plan against torture,
the reform of the judiciary and the lifting of restrictions on freedom of expression. It
welcomed the adoption of the action plan against domestic violence.
52. Myanmar commended Georgia for ensuring equal opportunities for persons with
disabilities and for having ratified the Convention on the Rights of Persons with
Disabilities.
53. Namibia took note of the significant steps undertaken in the field of judicial reform
and encouraged Georgia to take further action improve the independence and
depoliticization of the judiciary.
54. The Netherlands noted challenges in the fields of women’s rights, rule of law and
the conduct of law enforcement, and expressed its appreciation for the process of domestic
reform.
55. Nigeria expressed concern about alleged arbitrary arrests and ill-treatment of
members of minority groups and foreigners by law enforcement officials, and called on
Georgia to comply with its human rights obligations to all persons in accordance with
international law.
56. Norway urged Georgia to ensure that ongoing reforms led to institutional guarantees
of the independence of the judiciary. It was concerned that Georgia was still plagued by
poor prison conditions and about attitudes in society towards minorities.
57. Oman highly appreciated efforts undertaken by Georgia to introduce a national
action plan for the 2014-2016 period to promote equal opportunities for persons with
disabilities and the guarantee in law of free public education for all.
58. Panama drew attention to progress achieved in the area of children and welcomed
the fact that Georgia had ratified numerous human rights instruments.
59. In responding to the issues raised, Georgia put special emphasis on the building of
institutional democracy and the system of functional institutions through changing both
institutions and institutional culture. The latest judicial reforms were aimed at depoliticizing
the High Council of Justice and ensuring the transparency of the judiciary, as well as
providing for greater transparency of judicial proceedings, the independence of judges and
their involvement in the management of the courts. Judges were now elected based on two
criteria: integrity and competence. All judges would be selected through open competition,
and additional guarantees of non-interference with judiciary would be put in place.
60. Georgia stated that, following the reforms, administrative functions in the judiciary
would be implemented by court managers; chairs of the courts would no longer possess that
function. Only the High Council of Justice would be able to initiate disciplinary
proceedings against judges. Automatic allocation of cases to individual judges would be
introduced and judges could be moved to different courts only on the basis of their consent.
Disciplinary proceedings would also be refined.
61. Georgia noted that, under the recently adopted Juvenile Justice Code, cases
involving juveniles would be handled by specially trained judges, prosecutors, probation
officers and other professionals. Mediation and alternative sanctions to imprisonment
would also be used.
62. Georgia stated that it attached particular importance to the accountability and
oversight of criminal proceedings. That function was implemented by the Chief
Prosecutor’s office. Since 2014, thorough reform had been under way. For example, the
Council would be vested with powers to conduct investigations of the Chief Prosecutor, if
necessary.
63. Georgia reiterated that combating torture had become a top priority and enumerated
its own observations concerning the elimination of systematic torture since 2012 and the
findings of the Special Rapporteur. In May 2015, a national anti-torture action plan had
been adopted. Georgia recognized that systemic work on the issues needed to continue.
64. Turning to the issue of pretrial detention, Georgia underlined the introduction of the
principle of periodic and automatic review of pretrial detention, under which a judge had to
review such detention at least once every two months. Georgia highlighted the reduction in
the use of pretrial detention from 54 per cent of cases in 2010 to 32 per cent in 2014.
65. In relation to prison conditions, Georgia highlighted the improvements and the
positive assessments of international mechanisms, including the Council of Europe
Commissioner for Human Rights. Problems related to overcrowding and health care were
being tackled. The prison population had decreased from 24,000 to 10,200 people, and
minimum space per inmate had increased from 2 m 2 to 4 m
2 . Improvements in health-care
infrastructure and services had led to a decrease in mortality in prisons, from 144 deaths in
2011 to 11 deaths in October 2015. Similarly, the number of new cases of tuberculosis had
decreased from 601 in 2012 to 49 in 2015. Numerous programmes were being
implemented, including by international and local civil society actors. The number of
convicted juveniles had fallen to 25 and they had full access to education provided by a public school. Since 2012, two prisons had been closed down and numerous others had
been refurbished. Halfway houses had been introduced, with the goal of preparing prisoners
for release.
66. Turning to non-discrimination, Georgia noted that the new anti-discrimination law
included a non-exhaustive list of the grounds of discrimination and outlined the activities of
the Public Defender in monitoring implementation of the law.
67. Georgia highlighted its close cooperation with United Nations agencies in the
implementation of the Convention on the Rights of Persons with Disabilities.
68. Georgia shared the concerns expressed about gender-based violence. Since 2014, the
inter-agency council on domestic violence had restarted its work with a renewed
composition. The group had the power to grant the status of victim of domestic violence.
Subsequent to relevant training, the group had become operational in 2015. Furthermore, an
advisory council, comprising civil society and international organizations, including the
United Nations Entity for Gender Equality and the Empowerment of Women
(UN-Women), had been set up. New action plans would be developed in 2016. Georgia
provided statistics on the reporting and prosecution of cases which indicated the progress
achieved with the measures taken to date.
69. Paraguay welcomed the adoption of the Law on the Elimination of All Forms of
Discrimination and the ratification of the Convention on the Rights of Persons with
Disabilities. It regretted the continuing situation of internal displacement and expressed
concerns with regard to violence against women.
70. The Philippines noted the institutional and legislative reforms introduced to improve
the criminal justice and penitentiary systems of Georgia and to widen protection of victims
of trafficking, especially children.
71. Poland recalled the invitation of the Secretary-General to all stakeholders to grant
unimpeded access to OHCHR to monitor, report on and address the human rights situation
in the Abkhazia and Tskhinvali/South Ossetia regions of Georgia.
72. Portugal commended the submission by Georgia of a midterm progress report on the
implementation of the universal periodic review recommendations and welcomed the
ratification of the instruments relating to statelessness and the Convention on the Rights of
Persons with Disabilities.
73. The Republic of Korea welcomed the adoption of the Law on the Elimination of All
Forms of Discrimination and the Juvenile Justice Code. It noted the adoption of the action
plan for combating domestic violence.
74. The Republic of Moldova noted the good coordination of State actions in the area of
human rights. It recognized the achievements of Georgia in respect of the integration of
minorities, juvenile justice and the combating of torture.
75. The Russian Federation was concerned that its recommendations in the first review
cycle had been disregarded. It disagreed that the situation in Abkhazia and South Ossetia
could be considered in the present review, as their sovereignty had been recognized by
others.
76. Rwanda welcomed the adoption of the Law on Gender Equality and the health
strategy aimed at promoting the health of mothers and children. It commended the action
plan and measures for combating domestic violence.
77. Serbia welcomed the strengthening of the normative and institutional human rights
framework, the adoption of the anti-discrimination law and the designation of the Public
Defender to monitor its implementation.
78. Sierra Leone commended recent developments. It urged Georgia, inter alia, to take
steps to improve religious tolerance, condemn hate speech and acts of violence against
religious minorities and facilitate the birth registration of Roma.
79. Singapore noted the positive steps taken by Georgia, including the adoption of the
national human rights strategy and action plan, the plan on gender equality and the Law on
the Elimination of All Forms of Discrimination.
80. Slovakia commended the ratification of several human rights instruments and other
measures undertaken by Georgia. It was concerned about freedom of the media and called
upon Georgia to ensure pluralism of the media in compliance with international standards.
81. Slovenia noted positive developments such as legislative progress in the area of
discrimination and gender equality. It referred to calls from international organizations for
more attention to be given to the situation of human rights in South Ossetia and Abkhazia.
82. Spain welcomed the accession of Georgia to the Convention on the Rights of
Persons with Disabilities, the adoption of a new action plan against torture and the process
of improving the prison system. Also, it assessed positively the development of a strategy
for internally displaced persons.
83. Sweden commended the adoption of the Law on the Elimination of All Forms of
Discrimination and considered the establishment of an efficient mechanism for
implementing that law to be critical. It noted that more needed to be done to implement
legislation on gender equality.
84. Switzerland was concerned by persistent deficiencies in the judiciary. It noted that
17 per cent of girls were married before their eighteenth birthday and recalled that the
Committee on the Elimination of Discrimination against Women had recommended that
Georgia adapt the civil code so as to prevent forced marriage.
85. Tajikistan took note of the readiness of Georgia to cooperate with activities
promoting human rights and of its efforts to strengthen and protect human rights through
the advancement of its regulatory and legislative framework.
86. The former Yugoslav Republic of Macedonia noted with concern the increasing
death toll among women as a result of domestic violence, developments regarding the high
dropout rate of minority students, especially girls, and the continued practice of early
marriage.
87. Turkey commended achievements in the area of violence against women and gender
equality and reform of the judiciary. It encouraged Georgia to continue addressing the
difficulties encountered by Meskhetian Turks with regard to acquiring citizenship, language
learning, education and employment.
88. Turkmenistan commended Georgia for appointing a human rights adviser to the
President, an assistant to the Prime Minister on human rights and gender equality issues,
and an ambassador-at-large on human rights within the Ministry of Foreign Affairs.
89. Ukraine encouraged Georgia to increase awareness among internally displaced
persons of their rights and the support programmes available to them, to shift from
status-based to need-based assistance for such persons, and to develop a system of
probation and alternative sanctions.
90. The United Kingdom of Great Britain and Northern Ireland welcomed significant
progress on human rights reform. It encouraged Georgia to continue judicial reform, and to
ensure a pluralistic media landscape for free and fair elections in 2016.
91. The United States of America commended reforms made by Georgia in several
fields. It was concerned, inter alia, about shortcomings in the legal system and the absence
of international monitors in the parts of Georgia’s territory that it did not control.
92. Uruguay praised the inclusive process of preparation of the national report, the
establishment of a committee to follow up recommendations and the submission of a
midterm report. It welcomed the efforts of Georgia to protect the human rights of refugees.
93. Albania commended the Government for recent developments in legislation,
including the adoption of the anti-discrimination law and the human rights strategy and
action plan, monitored by the Human Rights Secretariat and the Human Rights Inter-agency
Council.
94. Algeria welcomed the efforts to further adapt Georgia’s national human rights legal
framework to universal standards. It praised the reform of the judiciary initiated in 2012
and the significant improvements introduced in the prison system.
95. Andorra was particularly pleased by the recent ratification of the Convention on the
Rights of Persons with Disabilities, as well as the Council of Europe Convention on the
Protection of Children against Sexual Exploitation and Sexual Abuse.
96. Argentina commended the national process of Georgia for following up on
recommendations and the adoption of the Law on the Elimination of All Forms of
Discrimination. It was concerned by acts of physical violence and harassment of sexual
minorities.
97. Armenia commended Georgia for the adoption of a comprehensive human rights
strategy, along with the national action plan for its implementation, and welcomed the steps
taken towards the preservation and promotion of cultural and ethnic diversity in the
country.
98. Australia welcomed the increased level of media freedom and the improvement in
prison conditions. It urged the de facto authorities in Abkhazia and South Ossetia to provide
for credible international human rights monitoring.
99. Austria commended Georgia for the ratification of the Convention on the Rights of
Persons with Disabilities and asked the delegation how efforts to comprehensively
implement it would be strengthened. Austria was concerned about ill-treatment and torture
and the level of participation of women in public life.
100. Belarus said that Georgia deserved high marks for its approach to implementing
recommendations from the first review cycle. It welcomed the adoption of the national
action plan for combating domestic violence and the action plan for gender equality.
101. Belgium welcomed the adoption of a law and plan of action on gender equality, as
well as a general law against discrimination. It was concerned at the absence of key
institutions related to the rule of law.
102. Bosnia and Herzegovina commended the inclusive consultation process in the
preparation of the national report. It also commended the ratification of the Convention on
the Rights of Persons with Disabilities and the Optional Protocol to the Convention on the
Rights of the Child on the involvement of children in armed conflict.
103. Botswana appreciated the adoption of the human rights action plan and strategy and
other measures. It commended efforts to address women’s rights and domestic violence but
was concerned at reports of intolerance against members of religious minorities and of child
marriage.
104. Brazil commended progress since the first review, including the ratification of
several international human rights instruments and the adoption of human rights action
plans and strategies. It was concerned about a lack of access to family planning services.
105. Bulgaria appreciated the creation of the national coordination mechanism for the
national human rights strategy and action plan. It commended the adoption of the
comprehensive anti-discrimination law and noted prison health-care reforms.
106. Canada welcomed improvements to democracy in Georgia and to the operating
environment for the media and civil society. It encouraged Georgia to develop a strategy to
better integrate women in governmental decision-making.
107. Chile drew attention to the adoption of the human rights strategy for 2014-2020 and
its plan of action, and commended the reforms to the operational organization of the
judiciary.
108. China was pleased by the development of the human rights strategy and action plan,
the economic and social development strategy and the civic, equality and integration
strategy and action plan. It welcomed the ratification of the Convention on the Rights of
Persons with Disabilities.
109. Colombia drew attention to the 2014 Law on the Elimination of All Forms of
Discrimination and to progress made in women’s rights through the adoption of legislation
against gender discrimination.
110. Costa Rica noted the adoption of the national strategy for human rights and its action
plan. It also noted shortcomings with regard to guaranteeing due process and unequal
allocation of public resources to political parties.
111. Noting the contributions from several States on the issue during the interactive
dialogue, Georgia emphasized that freedom of the media and freedom of expression lay at
the heart of its priorities. Numerous reforms to facilitate media pluralism had been
implemented, including legislative enactments and institutional safeguards. It provided
details on the number of channels available since the digital switchover and highlighted its
improved ranking in the various indices of world media freedom.
112. Georgia reiterated that the Russian Federation continued to occupy two of its
regions, in violation of the Charter of the United Nations, norms and principles of
international law, the 12 August 2008 ceasefire agreement brokered by the European
Union, and all Security Council and General Assembly resolutions on Georgia. Georgia
stated that due to the occupation it was not in a position to effectively protect the rights of
its compatriots in those territories. It also stated that the illegal military presence and
effective control of the occupied territories of Georgia by the Russian Federation made that
State an occupying power. Until the complete end of the occupation of Georgia, the
responsibility for the situation in the occupied territories rested with the Russian Federation.
113. Georgia stated that a range of legislative provisions and concrete activities had been
implemented to guarantee protection of the rights of ethnic minorities and to ensure their
involvement in civic processes. Under the Georgian Criminal Code, crimes committed on
the basis of ethnic or national background were considered as having an aggravating
circumstance. The adopted Law on State Language included provisions for the use of
national minority languages in the regions with a large minority population. With respect to
the Roma, programmes for their registration, as well as their education, had also been
implemented. Ethnic minorities had access to all levels of education, and State language
programmes had been implemented for them.
114. Georgia indicated that the participation of ethnic minorities in political processes
was ensured. Access by ethnic minorities to information and the media was provided,
including through broadcasting in five minority languages.
115. In closing, Georgia thanked the delegations that had contributed to the review,
including those which had submitted questions in advance, and in particular those which
had referred to the need to address the human rights situation in the Georgian regions of
Abkhazia and Tskhinvali region/South Ossetia.
II. Conclusions and/or recommendations
116. The recommendations formulated during the interactive dialogue and listed
below enjoy the support of Georgia:
116.1 Ratify the Optional Protocol to the International Covenant on
Economic, Social and Cultural Rights, as well as the Optional Protocol to the
Convention on the Rights of the Child on a communications procedure
(Portugal);
116.2 Ratify the Optional Protocol to the Convention on the Rights of
Persons with Disabilities, the International Convention for the Protection of All
**
Conclusions and recommendations have not been edited.
Persons from Enforced Disappearance and the Optional Protocol to the
International Covenant on Economic, Social and Cultural Rights (Spain);
116.3 Ratify the Optional Protocol to the International Covenant on
Economic, Social and Cultural Rights (Uruguay);
116.4 Ratify the International Convention on the Protection of the Rights of
All Migrant Workers and Members of their Families (Honduras);
116.5 Consider ratification of the International Convention for the
Protection of All Persons from Enforced Disappearance (Panama);
116.6 Ratify the International Convention for the Protection of All Persons
from Enforced Disappearance (France);
116.7 Ratify the International Convention for the Protection of All Persons
from Enforced Disappearance (Montenegro);
116.8 Ratify the International Convention for the Protection of All Persons
from Enforced Disappearance (Sierra Leone);
116.9 Ratify the International Convention for the Protection of All Persons
from Enforced Disappearance (Argentina);
116.10 Sign and ratify the International Convention for the Protection of All
Persons from Enforced Disappearance (Slovakia);
116.11 Ratify early the International Convention for the Protection of All
Persons from Enforced Disappearance (Japan);
116.12 Ratify the Optional Protocol to the Convention on the Rights of
Persons with Disabilities (Slovenia);
116.13 Ratify the Optional Protocol to the Convention on the Rights of
Persons with Disabilities (Austria);
116.14 Accede to Optional Protocol to the Convention on the Rights of
Persons with Disabilities (Turkey);
116.15 Ratify the Council of Europe Convention on Preventing and
Combating Violence against Women and Domestic Violence (Ghana);
116.16 Ratify the Council of Europe Convention on Preventing and
Combating Violence against Women and Domestic Violence (Italy);
116.17 Ratify the Istanbul Convention of the Council of Europe on violence
against women and domestic violence (Turkey);
116.18 Further strengthen cooperation with the Human Rights Council and
its mechanism (Myanmar);
116.19 Continue cooperating constructively with the universal human rights
mechanisms and continue the practice of cooperation and dialogue with civil
society (Tajikistan);
116.20 Continue and intensify cooperation with the international community
in order to ensure access of international human rights and humanitarian
actors and monitoring mechanisms to Abkhazia, Georgia, and Tskhinvali
region/South Ossetia, Georgia, to monitor, report and address the human
rights situation of internally displaced persons (Lithuania);
116.21 Continue engagement with the international community for ensuring
access of international human rights monitoring mechanisms to the regions of
Georgia, namely Abkhazia and Tskhinvali region/South Ossetia (Ukraine);
116.22 Intensify engagement with the international community for ensuring
access of international human rights monitoring mechanisms to the Georgian
regions of Abkhazia and Tskhinvali region/South Ossetia (Republic of
Moldova);
116.23 Submit its overdue report to the Committee on Economic, Social and
Cultural Rights and the Committee against Torture (Sierra Leone).
117. The following recommendations enjoy the support of Georgia, which considers
that they are already implemented or in the process of implementation:
117.1 Ratify the Second Optional Protocol to the International Covenant on
Civil and Political Rights, aiming at the abolition of the death penalty
(Uruguay);
117.2 Consider ratifying the International Convention on the Protection of
the Rights of All Migrant Workers and Members of their Families (Egypt);
117.3 Consider ratifying the International Convention for the Protection of
the Rights of Migrant Workers and Members of Their Families (Indonesia);
117.4 Study the possibility of ratifying the International Convention on the
Protection of the Rights of All Migrant Workers and Members of Their
Families (Mexico);
117.5 Take concrete steps to harmonize its national legislation with the
Convention on the Rights of Persons with Disabilities and to ratify its Optional
Protocol (Hungary);
117.6 Take effective and coordinated measures on the issue of violence
against women and domestic violence, including ratification of the Istanbul
Convention on preventing and combating violence against women and domestic
violence (Netherlands);
117.7 Increase respect for the rights of all citizens by strengthening
anti-discrimination legislation and enforcement mechanisms and ensuring law
enforcement provides universal equal treatment and due process (United States
of America);
117.8 Improve the Law on Gender Equality to be in line with its Law on the
Elimination of All Forms of Discrimination and the Convention on the
Elimination of All Forms of Discrimination against Women (Rwanda);
117.9 Take active measures to combat discrimination and violence against
women and improve its Law on Gender Equality in order to align it with the
Convention on the Elimination of All Forms of Discrimination against Women
(Namibia);
117.10 Bring into line the Law on Gender Equality with the Law on the
Elimination of All Forms of Discrimination, combating the patriarchal
attitudes and stereotypes on the roles and responsibilities of women and men
(Albania);
117.11 Continue efforts towards the adoption of administrative and
legislative measures to achieve equality of women, in particular to ensure their
access to social and health services in all areas of Georgia and provide the same
work and pay opportunities to men and women (Mexico);
117.12 Strengthen existing law and practice to combat gender-based
discrimination and sexual harassment, inter alia, with regard to labour
(Poland);
117.13 Modify its criminal law to criminalize all forms of racial
discrimination (Sierra Leone);
117.14 Provide legislation explicitly prohibiting corporal punishment of
children, including in the home, and consider awareness-raising activities to
increase public knowledge about the issue (Estonia);
117.15 Clearly prohibit all corporal punishment of children in all settings,
including at home, and make awareness-raising campaigns to increase public
knowledge about its harmful effects (Hungary);
117.16 Abandon the practice of corporal punishment of children and
encourage non-violent forms of discipline (Poland);
117.17 Continue its efforts to eliminate child marriage, including through
considering to set the age of entry into marriage at 18 years (Egypt);
117.18 Continue its efforts to strengthen the institutional and normative
human rights framework with regard to freedom of expression (Serbia);
117.19 Harmonize the law with the Convention relating to the Status of
Refugees (Honduras);
117.20 Continue its efforts to further promote human rights (Djibouti);
117.21 Continue working with the national mechanisms that defend the
social rights of the most vulnerable groups of the population (Tajikistan);
117.22 Observe all human rights principles and international conventions,
and raise awareness among the population regarding human rights values
(Turkmenistan);
117.23 Adopt and implement in due course the proposed Civic Equality and
Integration Strategy and Action Plan for 2015-2020, with a sound financial
political backing (Norway);
117.24 Strengthen the Gender Equality Council (Latvia);
117.25 Further effectively implement the National Action Plan on Gender
Equality and the Action Plan for Combating Domestic Violence by ensuring
required financing and reinforcing the capacities of professionals (Lithuania);
117.26 Continue to strengthen and support the effectiveness of the Georgian
National Preventive Mechanism (Denmark);
117.27 Take all measures in further implementing the Action Plan for the
Protection of Human Rights in Georgia, in particular by allocating sufficient
funding from its national budget (Indonesia);
117.28 Continue implementing the national strategy for the promotion and
protection of human rights (Tajikistan);
117.29 Promote new actions and initiatives to continue progressing in its
efforts to implement the National Human Rights Strategy (Turkmenistan);
117.30 Consider instituting an action plan that defines measures to prevent
and combat discrimination on different grounds in all levels of governance in
the country (Serbia);
117.31 Analyse the possibility of establishing a national system of follow-up
to international recommendations (Paraguay);
117.32 Ensure effective implementation of the laws on the elimination of all
forms of discrimination and gender equality, including by putting in place
effective enforcement mechanisms and raising awareness about the provisions
of the legislation (Slovenia);
117.33 Include in the implementation of its anti-discrimination legislation
effective measures that strengthen religious tolerance, gender equality and
equal rights for ethnic minorities, women and lesbian, gay, bisexual,
transgender and intersex (LGBTI) persons, so as to increase tolerance and
social inclusion in Georgian society (Netherlands);
117.34 Improve the implementation of the anti-discrimination law, including
disseminating the information on its provisions to the public as well as the
personnel of the justice and law enforcement systems and strengthen the role of
the Ombudsperson in this regard (Czech Republic);
117.35 Strengthen efforts towards promotion of gender equality (Greece);
117.36 Undertake further measures to improve the de facto position of
women by implementing international commitments from the Committee on
the Elimination of Discrimination against Women and the Beijing Platform for
Action, through concrete and effective policies and programmes (Iceland);
117.37 Continue to prioritize gender equality and consider the incorporation
of international best practices in policies and legislation relating to the
employment of women and combating violence against women (Singapore);
117.38 Make further efforts to ensure human rights for women and develop
effective mechanisms for the monitoring, investigation and punishment of
offenders in cases of violence against women (Republic of Korea);
117.39 Take all necessary measures to promote women’s rights and fight
domestic violence and forced marriages (France);
117.40 Continue to implement measures to promote the participation of
women in society (Japan);
117.41 Take measures in order to combat hate speech and xenophobia
(Namibia);
117.42 Address proactively issues of racial and all forms of discrimination in
Georgia (Nigeria);
117.43 Address violence and hate speech against religious minorities
(Nigeria);
117.44 Take all necessary measures to effectively fight against
discrimination, including against religious minorities and LGBTI persons
(France);
117.45 Development of training programmes for judges, personnel of the
judiciary, penitentiaries and police forces, regarding the implementation and
interpretation of the laws criminalizing racism-related offences (Chile);
117.46 Provide appropriate services with the necessary resources, including
to train and raise the awareness of the judiciary and the public, in order to
ensure that these new measures adopted to fight racial discrimination or
gender/sexual identity discrimination are effective (Belgium);
117.47 Combat social stigmatization, hate speech, discrimination and
violence motivated by sexual orientation or gender identity (Argentina);
117.48 Improve implementation and enforcement of the Law on the
Elimination of All Forms of Discrimination, particularly in its application
towards the protection of individuals belonging to sexual and religious minority
groups (Canada);
117.49 Support public education campaigns to combat hate speech,
discrimination and violence related to sexual orientation and gender identity, as
well as social stigmatization of LGBT persons (Brazil);
117.50 Strengthen its policy aimed at preventing torture, ill-treatment and
other cruel or inhumane treatment by the sentence-execution officers in
Georgian penitentiary establishments (Bulgaria);
117.51 Enhance efforts to ensure compliance with international standards as
set out in the Manual on the Effective Investigation and Documentation of
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
(Hungary);
117.52 Adopt the necessary measures to improve the living conditions of
detainees and avoid prison overcrowding (Andorra);
117.53 Continue addressing overcrowding in prisons and ensure that
minimum standards are met, as previously recommended (Austria);
117.54 Develop a high standard of human resource management to avoid
administrative infractions and human rights violations in prisons (Bosnia and
Herzegovina);
117.55 Continue the efforts to strengthen human rights protection in
penitentiary establishments (Bulgaria);
117.56 Continue improving the conditions in prisons, particularly to focus
on conditions around pretrial detention (Australia);
117.57 Provide female prisoners with long-term visits, especially taking into
account the best interest of their children (Croatia);
117.58 Take the necessary measures to fight violence against women and
domestic violence (Algeria);
117.59 Step up awareness-raising and preventive measures on the issue of
domestic violence (Belarus);
117.60 Take measures to prevent domestic violence, including by raising
awareness, encouraging women to report acts of sexual and domestic violence,
protecting the victims and ensuring the effective investigation, prosecution and
punishment of perpetrators (Slovenia);
117.61 Improve protections for victims of domestic violence, including by
ensuring timely investigations, prosecuting perpetrators, and training police in
risk-based assessments (Canada);
117.62 Establish centres supporting women and girl victims of gender
violence (Spain);
117.63 Redouble its efforts in the fight against domestic violence by ensuring
effective investigation into incidents of domestic violence and providing
adequate support and assistance to victims (the former Yugoslav Republic of
Macedonia);
117.64 Take steps to address reported allegations of child and early and
forced marriages (Ghana);
117.65 Prevent the practice of child marriage among all ethnic groups
(Portugal);
117.66 Implement the recommendations of the Committee on the
Elimination of Discrimination against Women for better observance of its
obligations under the Convention on the Elimination of All Forms of
Discrimination against Women, in particular effectively apply the ban on early
and forced marriages, including through the adjustment of the national legal
framework, by paying particular attention to vulnerable groups (Switzerland);
117.67 Increase efforts to eliminate early marriages through,
implementation of the relevant recommendation made by the Committee on the
Elimination of Discrimination against Women (the former Yugoslav Republic
of Macedonia);
117.68 Reinforce the capacities of professionals in the identification, referral
and protection of victims of gender-based violence and provide legal and
medical support to victims (Republic of Moldova);
117.69 Develop prevention strategies on gender-based violence and establish
rehabilitation services for victims of violence (Norway);
117.70 Continue to implement the legislation on domestic violence and
ensure training of law enforcement officials to identify all forms of domestic
violence (Slovakia);
117.71 Implement policies for the effective combating of domestic violence,
including information and awareness-raising programmes to prevent this
scourge (Chile);
117.72 Ensure that its strategies for addressing domestic violence are
effectively implemented, monitored and sustained (Philippines);
117.73 Increase training of teaching staff throughout the country, so that
they are better prepared to identify situations of abuse or domestic violence
against children (Paraguay);
117.74 Continue efforts in the fight against human trafficking (Greece);
117.75 Ensure justice that is independent and transparent, and that respects
the right to defence (France);
117.76 Pursue its policy of reform towards a fully independent judicial
system (Portugal);
117.77 Undertake a comprehensive review of arrangements for the
appointment, training and transfer of judges, with a view to ensuring their
independence and their full understanding and application of human rights
obligations (Ireland);
117.78 Further strengthen its efforts to combat and investigate ill-treatment
of prisoners and detainees (Montenegro);
117.79 Adopt measures providing for independent and effective investigation
and prosecution of all cases of alleged ill-treatment of persons in detention
facilities as well as for remedies for victims (Czech Republic);
117.80 Ensure that instances of ill-treatment of prisoners and detainees are
eliminated and that proper and thorough investigations are conducted in such
situations in order to hold perpetrators accountable (Ireland);
117.81 Ensure that all allegations of torture and ill-treatment are thoroughly
investigated by an independent mechanism (Turkey);
117.82 Ensure the effective investigation of cases of violence against women;
prosecute and punish perpetrators (Estonia);
117.83 Ensure the effective investigation of episodes of violence against
women and domestic violence, to bring perpetrators to justice and provide
victims with adequate compensation, protection and assistance (Italy);
117.84 Strengthen its national strategy to reform the prison system, in
particular to promote the prompt reintegration of juvenile detainees into
society (Morocco);
117.85 Undertake effective measures to guarantee access to education for
juveniles in the penitentiary system (Croatia);
117.86 Provide, in accordance with its respective obligations under
international human rights law, effective protection to the family as the natural
and fundamental unit of the society (Egypt);
117.87 Establish a system for birth registration that covers all children
without discrimination by reason of race, ethnicity or nationality, sex or
religion (Paraguay);
117.88 Improve the birth registration system to guarantee registration for
every child with the issuance of a birth certificate (Turkey);
117.89 Adopt and implement all necessary measures to register the birth of
children, particularly children belonging to minorities, who are born in remote
areas of the country and guarantee the issuance of birth certificates and other
documents (Panama);
117.90 Take measures for deinstitutionalization of child-care institutions and
development of alternative, family-type services for deprived children
(Ukraine);
117.91 Protect minorities and ensure the full enjoyment of their freedom of
religion or belief in accordance with international human rights law (Ghana);
117.92 Promote intercultural and interreligious dialogue and cooperation, as
a way of strengthening its non-discrimination programmes and supporting its
awareness-raising campaigns against discrimination (Philippines);
117.93 Implement a national strategy to promote interreligious and
intercultural dialogue and tolerance (China);
117.94 Ensure the enjoyment of the right to freedom of religion by everyone,
including persons belonging to religious minorities, by punishing those who
harass or incite hate speech against religious minorities (Botswana);
117.95 Fully respect freedom of expression and media pluralism (Portugal);
117.96 Institute measures that guarantee a free and independent media
environment (Ghana);
117.97 Continue to prioritize safeguarding media freedom (Australia);
117.98 Bolster respect for pluralism and open debate by fostering a
non-violent environment tolerant of dissenting voices, including those of the
opposition, and avoiding politically motivated actions against critical media
outlets (United States of America);
117.99 Refrain from interfering in the activities of human rights defenders
and non-governmental organizations and ensure a safe and enabling
environment for their work (Estonia);
117.100 Develop a strategy to increase the participation of women in
decision-making positions in all branches of the Government (Austria);
117.101 Continue working to boost the participation of women in political
and executive positions under principles of equality without discrimination,
particularly guaranteeing the participation of rural women (Colombia);
117.102 Increase efforts and allocation of necessary resources to guarantee
greater participation of women in political and leadership positions (Costa
Rica);
117.103 Undertake further measures for the integration of minorities and the
promotion of their representation in Georgian political and public life
(Albania);
117.104 Improve access to health services for socially vulnerable persons
(Algeria);
117.105 Improve women’s access to high quality health care and health-
related services (Rwanda);
117.106 Consider improving and promoting education at all levels of public
education (Oman);
117.107 Further improve the accessibility and quality of education, and
increase the enrolment rate of vulnerable children, including girl children and
children of ethnic minorities (China);
117.108 Consider promoting access to education for girls from ethnic
minorities and remove barriers that impede access to education by Roma
children (Nigeria);
117.109 Continue to pursue policies that will expand opportunities for all
children of school-going age to access high quality education, in particular
those with special-education needs (Singapore);
117.110 Take further steps for the implementation of the Convention on the
Rights of Persons with Disabilities (Myanmar);
117.111 Advance the implementation of the Convention on the Rights of
Persons with Disabilities by improving the inclusion of children and persons
with disabilities in education and employment (Austria);
117.112 Take further steps to ensure the protection of persons with
disabilities (Greece);
117.113 Carry on making efforts to promote the rights of people with
disabilities (Oman);
117.114 Adopt the necessary measures to protect ethnic and religious
minorities from all forms of violence and discrimination (Costa Rica);
117.115 Improve the education of persons belonging to minority groups (the
former Yugoslav Republic of Macedonia);
117.116 Ensure teaching and preservation of minority languages, by
providing adequate general education to students in their native language
(Austria);
117.117 Take the necessary steps to address concerns over the rights of
vulnerable groups, including internally displaced persons, refugees and
migrants, and carry forward measures to integrate them effectively into the
broader social and political systems (Republic of Korea);
117.118 Continue to keep the principle of non-refoulement and limit the use
and duration of detention for asylum seekers (Republic of Korea);
117.119 Strengthen measures to protect displaced persons and include them
in public social development policies (Chile).
118. The following recommendations will be examined by Georgia, which will
provide responses in due time, but no later than the thirty-first session of the Human
Rights Council, in March 2016:
118.1 Accede to the International Convention for the Protection of All
Persons from Enforced Disappearance and recognize its Committee (Uruguay);
118.2 Amend the Law on the Elimination of All Forms of Discrimination to
include a mechanism of fines and other sanctions for use by the Public
Defender’s Office in the event of discriminatory actions (Sweden);
118.3 Amend the criminal code by incorporating the category of racist
remarks to clearly define direct and indirect discrimination and recognize that
racial, religious, national or ethnic grounds constitute an aggravating
circumstance (Djibouti);
118.4 Prevent child marriage by having a minimum age restriction of
marriage at 18 without any exception (Botswana);
118.5 Delimit child and early marriage by amending and unifying
legislation, in particular, the Civil Code, to define the accepted age of marriage
as 18 (Sierra Leone);
118.6 Establish a mechanism that monitors the implementation of the 2014
anti-discrimination legislation and action-oriented strategies (Iceland);
118.7 Strengthen the mechanisms set up by the “Commission of Human
Rights and Integration”, to ensure the best possible monitoring and evaluation
of the human rights situation in the country (Morocco);
118.8 Amend the legislation to ensure an effective follow-up instrument for
the public defenders and the members of the national preventive mechanism
(Andorra);
118.9 Redouble its efforts to ensure the rights of LGBTI persons and, in
line with the Human Rights Committee’s recommendations, combat all forms
of social stigmatization of homosexuality, bisexuality and transsexuality, and
hate speech, discrimination and violence based on sexual orientation or gender
identity (Uruguay);
118.10 Establish a specialized police unit for investigating hate crimes,
closely collaborating with the LGBT community and organizations in order to
create a trusting relationship (Sweden);
118.11 Take steps to limit the application and length of pretrial detention
(Denmark);
118.12 Increase the budget allocated to social workers responsible for
assisting victims of domestic violence, by including the costs of travel to visits to
assess victims and by increasing human resources (Paraguay);
118.13 Take concrete steps to streamline and ensure efficiency of judicial
procedures concerning gender violence (Spain);
118.14 Progress in the implementation of the laws against domestic violence
by establishing, in the short term, the centres to support women against sexual
abuse, harassment and domestic violence provided for in the new law
(Honduras);
118.15 Strengthen ongoing efforts against domestic violence by establishing
adequate monitoring and investigative mechanisms (Turkey);
118.16 Establish a mechanism for the enforcement of protective and
restrictive orders relating to domestic violence, to ensure their effectiveness and
prevent recurring offences, inter alia, through establishing specialized police
units on gender-based violence and domestic violence (Sweden);
118.17 Establish effective regulatory mechanisms for promoting
development of legal migration and preventing irregular migration and
trafficking in human beings (Ukraine);
118.18 Implement the recommendations of the European Commission for
Democracy through Law (Venice Commission) related to reforms in the system
of appointments and probation periods of judges (Norway);
118.19 Strengthen the independence of the judiciary and transparency of
judicial proceedings and adopt measures preventing political interference in
the work of judges (Czech Republic);
118.20 Eliminate existing gaps in the legislation governing the work of the
High Council of Justice in order to make sure that its powers are balanced by
adequate guarantees of transparency and accountability (Sweden);
118.21 Continue strengthening the independence and impartiality of the
judiciary to ensure the right to a fair trial, including by increasing the
transparency of the working methods within the High Council of Justice, the
appointment of prosecutors and the allocation of court cases (Switzerland);
118.22 Strengthen respect for the rule of law by promoting judicial
independence and transparency through the depoliticization of the judiciary
and law enforcement authorities, and by strengthening mechanisms to
investigate human rights abuses or violations (United States of America);
118.23 Take measures to support and strengthen prosecutions for human
rights violations by the judiciary, with reference to the recommendations made
by the Council of Europe Commissioner for Human Rights, including with
respect to the strengthening of the independence and effectiveness of the
Prosecutor’s Office (Belgium);
118.24 Strengthen mechanisms to guarantee independence and impartiality
of the judiciary and law enforcement institutions by implementing precise rules
on judicial appointments and police oversight (Canada);
118.25 Further improve the justice system by fully implementing
international fair trial standards such as ensuring adequate access of lawyers to
their detained clients and that confidentiality of communication between them
is protected, to ensure access to justice to all persons, including women and
minorities (Lithuania);
118.26 Introduce as soon as possible the right to silence without restrictions
when testifying, in accordance with its human rights international obligations
(Switzerland);
118.27 Establish an independent investigation mechanism with the mandate
to investigate alleged human rights violations committed by law enforcement
officials (Norway);
118.28 Ensure that all allegations of excessive use of force, including torture
and ill-treatment, by police are effectively investigated and that those
responsible are brought to justice and victims receive adequate reparation
(Poland);
118.29 Establish specific measures to investigate alleged cases of
ill-treatment of detainees and punish those responsible for such abuses (Spain);
118.30 Establish an effective and independent mechanism for investigating
complaints against law enforcement officials, increasing public trust that
suspected abuses will be properly investigated (United Kingdom of Great
Britain and Northern Ireland);
118.31 Establish an independent and impartial institution to investigate and
prosecute human rights abuses and violations committed by the law
enforcement and security forces, in order to ensure that these violations are
properly investigated and sanctioned and compensation provided to victims
(Belgium);
118.32 Develop and implement a strategy to monitor, investigate, and
prosecute hate crimes, giving the Public Defender relevant powers and
resources to take action against instigators of hate crime (United Kingdom of
Great Britain and Northern Ireland);
118.33 Ensure the issuance of birth certificates and citizenship documents to
the Roma minority (Nigeria);
118.34 Strengthen efforts to promote freedom of religion or belief and to
protect the rights of persons belonging to religious minorities, including by
adopting measures both to address episodes of intolerance and hate speech
against religious minorities and to solve outstanding issues related to the
ownership and maintenance of places of worship and properties belonging to
religious minority groups (Italy);
118.35 Continue steps towards the recovery of physical and moral damage to
the religious denominations suffered during the Soviet era (Armenia);
118.36 Further develop measures to protect freedom of religion, expression
and peaceful assembly and continue to build on the progress begun with the
establishment of the State Agency for Religious Issues and the amendments to
the Law on Broadcasting (Republic of Korea);
118.37 Ensure the right to freedom of expression, in particular through
ensuring plurality and independence of the media as well as protection of media
outlets critical to the Government from harassment and attacks (Czech
Republic);
118.38 Adopt concrete measures to encourage stronger participation by
women and ethnic minorities in political decision-making processes (Germany);
118.39 Continue efforts to enhance social dialogue, as well as to ensure
adequate protection and promotion of economic rights of the labour force, e.g.
through the establishment of an efficient labour inspection mechanism with
executive powers (Germany);
118.40 Continue taking steps to ensure the full realization of the right to safe
drinking water and sanitation for all, including through adequate investment in
the relevant services infrastructure (Egypt);
118.41 Allocate the resources necessary for the successful realization of the
Strategy of the Health Protection System 2014-2020, which is aimed at
strengthening maternal and child health (Belarus);
118.42 Take steps to ensure that sexual and reproductive health services,
including abortion and contraception services and information, are available,
accessible and affordable to all women and girls, especially in rural areas and
among vulnerable groups (Denmark);
118.43 Ensure universal access to quality reproductive and sexual health
services, including contraception services, especially to women in rural areas
and those living with HIV/AIDS (Brazil);
118.44 Put in place and implement national standards and mechanisms to
monitor the quality of education (Oman);
118.45 Ensure full-time school attendance at all levels to children belonging
to disadvantaged and marginalized groups (Portugal);
118.46 Encourage school attendance of girls and remove all obstacles to their
access to education including the citizenship requirement beyond the ninth
grade (Djibouti);
118.47 Adopt measures that are considered relevant to promote learning
support for girl children from ethnic minorities in order to reduce the dropout
rate (Colombia);
118.48 Promote the inclusion on all fronts of cultural and religious
minorities and guarantee their access to development (Mexico);
118.49 Ensure the availability of textbooks in their mother tongue for the
national minorities (Armenia);
118.50 Take steps aimed at ensuring the implementation of joint educational
programmes and training of teachers in collaboration with the relevant
Armenian educational authorities (Armenia);
118.51 Adopt a comprehensive action plan to accelerate the repatriation
process of Meskhetian Turks, including measures to facilitate their integration
and taking into account the educational needs of their children (Turkey);
118.52 Take concrete steps to lift or extend the two-year limitation,
applicable to Meskhetian Turks who are granted conditional Georgian
citizenship, to relinquish any other citizenship previously held (Turkey);
118.53 Ensure greater participation of internally displaced persons in
decision-making related to projects affecting them, particularly those
concerning access to adequate housing (Spain);
118.54 Strengthen protection of the economic and social rights of internally
displaced persons, including by protecting against unlawful evictions and
resolving issues related to legal ownership of living spaces currently inhabited
by internally displaced persons (Canada).
119. The recommendations below did not enjoy the support of Georgia and would
thus be noted:
119.1 Criminalize racist statements, incitement to intolerance and racially
motivated violence (Russian Federation);
119.2 Create an independent and effective body for the investigation of
cases of the use of torture and degrading treatment, including against
journalists (Russian Federation);
119.3 Carry out thorough investigations into violations of human rights in
the territories of Abkhazia and South Ossetia committed by the Georgian
authorities before and during the 2008 conflict (Russian Federation);
119.4 Investigate effectively the attack on the Russian school “Intellect” in
Tbilisi and the destruction of its property and punish those responsible
(Russian Federation);
119.5 End the discriminatory practice of maintaining “black lists” of
Russian citizens — natives of the Kazbek district of Georgia — depriving them
of the possibility to visit their homes, relatives and the graves of their ancestors
(Russian Federation);
119.6 Condemn and investigate the frequent acts of violence and expression
of hatred against religious minorities (Russian Federation);
119.7 Urgently develop and implement an action plan to implement the
Strategy for the Repatriation of Meskhetians 2014 (Russian Federation).
120. Georgia does not support the recommendations in paragraphs 119.1, 119.2,
119.3, 119.4, 119.5, 119.6 and 119.7 submitted by the Russian Federation, as Georgia
states that they are made by the occupying power that directly hinders Georgia’s
ability to protect the human rights of the population residing in Abkhazia, Georgia,
and the Tskhinvali region/South Ossetia, Georgia.
121. All conclusions and/or recommendations contained in the present report reflect
the position of the submitting State(s) and/or the State under review. They should not
be construed as endorsed by the Working Group as a whole.
Annex
Composition of the delegation
The delegation of Georgia was headed by Deputy Minister of Foreign Affairs Ms.
Khatuna Totladze and composed of the following members:
• Mr. Gocha Lordkipanidze – Deputy Minister of Justice of Georgia;
• Mr. Beka Dzamashvili – Head of the Public International Law Department of the
Ministry of Justice of Georgia;
• Mr. Archil Talakvadze – Deputy Minister of Internal Affairs of Georgia;
• Ms. Tamar Khulordava – The First Deputy Minister of Corrections of Georgia;
• Ms. Nana Kavtaradze – Head of Executive Department, Ministry of Labour, Health
and Social Affairs of Georgia;
• Mr. Irakli Ujmajuridze – Head of Administration Department, Ministry of Internally
Displaced Persons from the Occupied Territories, Accommodation and Refugees of
Georgia;
• Ms. Nino Tuskia – Head of International Relations and Programs Department,
Ministry of Education and Science of Georgia;
• Ms. Natalia Jaliashvili – Head of the Human Rights Secretariat of the
Administration of the Government of Georgia;
• Mr. Archil Metreveli – Head of Legal Office of the State Agency for Religious
Issues of Georgia;
• Ms. Tinatin Gogheliani – Head of Department of Relation with International
Organizations and Legal Provision of the Office of the State Minister of Georgia of
Reconciliation and Civic Equality;
• Mr. Irakli Chilingarashvili – Head, Legal Department, Office of the Chief
Prosecutor of Georgia;
• Mr. Teimuraz Natchkebia – Deputy Head, Investigation Unit, Office of the Chief
Prosecutor of Georgia;
• Ms. Sophio Chantadze – Deputy Head of Legal Department, Ministry of Culture and
Monument Protection of Georgia;
• Mr. Irakli Giviashvili – Ambassador at Large on the Human Rights Issues at the
Ministry of Foreign Affairs of Georgia;
• Ms. Irine Bartaia – Director of International Law Department of the Ministry of
Foreign Affairs of Georgia;
• Ms. Eka Kipiani – Counsellor of the International Organizations Department of the
Ministry of Foreign Affairs of Georgia;
• Mr. Shalva Tsiskarashvili – Permanent Representative of Georgia to the UN Office
and other international organizations in Geneva;
• Mr. Irakli Jgenti – Deputy Permanent Representative of Georgia to the UN Office
and other international organizations in Geneva;
• Ms. Ekaterine Meshveliani – Counsellor, Permanent Mission of Georgia to the UN
Office and other international organizations in Geneva;
• Mr. Temur Pipia – First Secretary, Permanent Mission of Georgia to the UN Office
and other international organizations in Geneva.