Why is Georgia's election important for LGBTQ+ rights?
People march to mark the Day of Family Purity, established by Georgian Orthodox church opposite the International Day Against Homophobia and Transphobia in Tbilisi, Georgia, May 17, 2017. REUTERS/David Mdzinarishvili
What’s the context?
Georgians vote on Oct. 26, and LGBTQ+ activists fear that another term for the ruling party could extend a crackdown on rights
LONDON - If Georgia's ruling party wins an unprecedented fourth term in this month's parliamentary election, LGBTQ+ activists fear further government crackdowns after a legislative package curbing LGBTQ+ rights was signed into law in early October.
Georgians vote on Oct. 26, and the Georgian Dream party, which introduced what it calls a “family values” law, hopes to boost conservative support in the election.
LGBTQ+ activists fear another term for the party could have dire consequences, especially after a law passed earlier this year requires groups that receive funding from abroad to register as "foreign agents."
Here's everything you need to know.
What is the status of LGBTQ+ rights in Georgia?
Georgia is deeply conservative on LGBTQ+ issues, and ranks 36th out of 48 nations in advocacy group ILGA-Europe's annual Rainbow Map, which rates countries based on their legal practices and policies towards LGBTQ+ people. The index was published before the Law on Protection of Family Values and Minors was passed in September.
The legislation, consisting of 18 amendments to existing laws, likens being LGBTQ+ to incest and bans discussion or depiction of different sexualities or gender identities in schools, the media and advertising.
It also bans changing legal gender, undergoing gender-affirming surgery, same-sex marriage and the adoption of children by non-heterosexual or transgender people.
The legislation will come into effect at the start of December. Campaign group Tbilisi Pride has said it will likely prevent the organisation from operating.
The foreign agents law, passed in May, triggered a political crisis and drew sharp criticism from Georgia’s Western allies. Organisations receiving more than 20% of their funding from abroad must register as agents of foreign influence and allow the authorities to inspect internal documents.
The Council of Europe's commissioner for human rights told Context this would primarily target LGBTQ+ civil society.
What will happen if Georgian Dream win?
During the campaign, Georgian Dream lawmakers have said they will protect "traditional values" and strengthen anti-LGBTQ+ legislation if they win a constitutional majority.
"The spread of pseudo-liberal ideology in the world and in Georgia is gradually becoming more and more dangerous," the party said in a statement shared on Facebook on Aug. 20.
The European Union, which made Georgia a candidate in December, has said that Tbilisi's application is now frozen over the foreign agents law, with leaders warning that the legislation could jeopardise the country’s accession.
"It's been plain for the last decade or so that Georgian Dream has insufficiently protected the rights of LGBTQ+ people. There's no reason why they wouldn't continue with these sorts of policies [since] they don't have fear of the EU anymore," Stephen F. Jones, director of the Program on Georgian Studies at Harvard University, told Context.
"I wouldn't say they are backsliding on democracy. I think it's worse than that. They're becoming anti-democratic."
What do opposition parties and activists say?
After the foreign agents law passed, more than 15 pro-European opposition parties signed the Georgian Charter, aimed at unblocking the path to European integration. It includes revoking that law, and activists hope this will also apply to the "family values" legislation.
The largest opposition party, the United National Movement, vowed to work towards ending 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 sought to "incite irrational fear" and block Georgia from joining the EU.
One group told Context they are preparing a case against the foreign agents law to take to the European Court of Human Rights.
Activists hope they can stop the “family values” legislation before it comes into effect in December. The foreign agents law is not yet in force in what activists believe is a bid to prevent protests before the election.
"If there is not a good outcome for us in this election, (the government) will start monitoring everything," Beka Gabadadze, chairperson of trans community organisation Temida, told Context.
ILGA-Europe said it was aware of an increase in attacks on LGBTQ+ organisations and their offices in recent weeks and that activists' personal data had been shared online.
ILGA-Europe’s executive director Chaber, who goes by one name, said continued international pressure could help LGBTQ+ people and encourage pro-EU voters to back opposition parties that support joining the bloc.
"The only way to repeal some or all of these regulations is if there's another government and another parliament who will file amendments or will just entirely get rid of the” new law, Chaber told Context.
"This is really a pivotal election with a lot at stake."
(Reporting by Lucy Middleton; editing by Ayla Jean Yackley.)
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