What is the context?
Georgians vote on October 26, and LGBTQ+ activists fear another term in office for the ruling party could prolong the crackdown on rights
LONDON – If Georgia's ruling party wins an unprecedented fourth term in this month's parliamentary election, LGBTQ+ activists fear further harsh government action after a package of laws restricting LGBTQ+ rights came into force in early October.
Georgians vote on October 26, and the Georgian Dream party, which has introduced a so-called “family values law,” hopes to shore up conservative support in the election.
LGBTQ+ activists fear that another term in office for the party could have dire consequences, especially after a law was passed earlier this year requiring groups that receive money from abroad to register as “foreign agents.”
Here you will find everything you need to know.
What is the status of LGBTQ+ rights in Georgia?
Georgia is deeply conservative on LGBTQ+ issues, ranking 36th out of 48 nations in the advocacy group ILGA-Europe annual Rainbow Map that ranks countries based on their legal practices and policies toward LGBTQ+ people. The index was published before the adoption of the Law on the Protection of Family Values and Minors in September.
The law, which consists of 18 amendments to existing laws, compares LGBTQ+ to incest and prohibits the discussion or portrayal of different sexualities or gender identities in schools, media and advertising.
It also prohibits changing one's legal gender, performing gender-affirming surgery, same-sex marriages, and adopting children by non-heterosexual or transgender people.
The law will come into force at the beginning of December. Campaign group Tbilisi Pride has said it is likely to prevent the organization from functioning.
The foreign agents law, passed in May, sparked a political crisis and drew sharp criticism from Georgia's Western allies. Organizations that receive more than 20% of their funds from abroad must register as agents of foreign influence and allow authorities to view internal documents.
The Council of Europe Commissioner for Human Rights told Context that this would primarily target LGBTQ+ civil society.
What happens if Georgian Dream wins?
During the campaign, Georgian Dream lawmakers said they would protect “traditional values” and strengthen anti-LGBTQ+ legislation if they won a constitutional majority.
“The spread of pseudo-liberal ideology in the world and in Georgia is becoming increasingly dangerous,” the party said in a statement shared on Facebook on August 20.
The European Union, which named Georgia a candidate country in December, said Tbilisi's application was now frozen because of the foreign agents law, with leaders warning that the law could jeopardize the country's accession.
“It has been clear for about a decade that Georgian Dream has failed to adequately protect the rights of LGBTQ+ people. There is no reason why they wouldn’t continue these types of actions.” [since] They are no longer afraid of the EU,” Stephen F. Jones, director of the Georgian Studies Program at Harvard University, told Context.
“I wouldn't say they're going backwards in terms of democracy. I think it's even worse. They become anti-democratic.”
What do opposition parties and activists say?
After the foreign agents law was passed, more than 15 pro-European opposition parties signed the Georgian Charter, which aims to pave the way for European integration. This includes repealing this law, and campaigners hope the same will apply to “family values” legislation.
The main opposition party, the United National Movement, pledged to work toward an end to discrimination and violence against LGBTQ+ people in a 2021 agreement with Tbilisi Pride.
More than 30 civil society groups issued a statement in September saying the “family values” legislation aimed to “incite irrational fear” and prevent Georgia from joining the EU.
One group told Context that it was preparing a lawsuit against the foreign agents law to take to the European Court of Human Rights.
Activists hope they can stop the “family values” law before it comes into force in December. The Foreign Agents Act is not yet in effect; Activists believe this is an attempt to prevent protests before the election.
“If there is no good result for us in this election, (the government) will start monitoring everything,” Beka Gabadadze, leader of the trans community organization Temida, told Context.
ILGA-Europe said it was aware of an increase in attacks on LGBTQ+ organizations and their offices in recent weeks and that activists' personal data had been shared online.
ILGA-Europe executive director Chaber, who goes by one name, said sustained international pressure could help LGBTQ+ people and encourage pro-EU voters to support opposition parties that support joining the bloc.
“The only way to repeal some or all of these regulations is for there to be another government and another parliament to submit amendments or simply abolish the new law altogether,” Chaber told Context.
“This is truly a crucial election with a lot at stake.”
(Reporting by Lucy Middleton; Editing by Ayla Jean Yackley.)
