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View of the Main Text of the Constitutional Agreement and Relevant Legislation

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View of the Main Text of the Constitutional Agreement and Relevant Legislation FREEDOM OF RELIGION CRITIQUE OF DISCRIMINATORY AND NONSECULAR STATE POLICY Freedom of Religion Critique of Discriminatory and Nonsecular State Policy Tbilisi, 2016 The Researh was conducted within the framework of the project “Advancing Tolerance, Religious Freedom and Human Rights in Georgia”. Project is financed by the Embassy of the Kingdom of the Netherlands. Ideas expressed in the research might not reflect the position of the Embassy. The authors are responsible for the content of the research. Research Authors: Tamta Mikeladze, Mariam Begadze, Eto Gvritishvili, Keti Chutlashvili, Nino Sukhishvili, Keti Sartania Research supervisor: Tamta Mikeladze Editor of the Georgian text: Lasha Kavtaradze, Nino Kalatozishvili Editor of the English text: Isa Chen, Mariam Begadze Translators: Natia Gelashvili, Lika Jamburia Layout and design: Tornike Lortkipanidze Cover design: Salome Latsabidze Print run: 400 ISBN: 978-9941-0-9371-5 It is forbidden to copy the material without written consent of Human Rights Education and Monitoring Center. Address: I. Abashidze 12a, Tbilisi, Georgia Tel.: +995 032 2 23 37 06 Email: [email protected]; www.emc.org.ge https://www.facebook.com/RIGHTSEMC/ Content Introduction ......................................................................................................................................... 07 Research methodology and limitations ................................................................................. 09 Main findings ...................................................................................................................................... 10 Part 1. Legal analysis of the Constitutional Agreement 1. Constitutional status of the Constitutional Agreement ................................................................. 15 2. Jurisprudence of the Constitutional Court regarding the Constitutional Agreement ................ 18 3. Execution of the Constitutional Agreement ..................................................................................... 20 4. Relevant International Standards in relation to Agreements with Religious Organizations .... 21 5. Preamble to the Constitutional Agreement ...................................................................................... 23 6. Legal Review of the Main Text of the Constitutional Agreement and Relevant Legislation ...... 24 Conclusion ................................................................................................................................................ 36 Part 2. Overview of practices of funding of religious organizations by State and legal analysis 1. General overview ................................................................................................................................. 40 2. General overview of State funding of Orthodox Church ............................................................... 41 3. General overview of funding four religious organizations ............................................................. 42 4. Legal analysis of practice of funding of Orthodox Church ........................................................... 44 5. Legal assessment of funding practice of four religious organizations ........................................... 46 6. Conclusive assessment of funding models ........................................................................................ 48 7. Assessing transparency of funding systems of religious organizations and issue of accountability ................................................................................................................... 49 8. An overview of secularism, as legal principle .................................................................................. 50 9. Constitutional standards of transparency of funding of religious organizations and accountability ........................................................................................................... 54 Part 3. Critical Analysis of the Activities of the State Agency for Religious Issues 1. Political Context before the Creation of the State Agency for Religious Issues .......................... 58 2. General Review of the Mandate of State Agency for Religious Issues .......................................... 59 3. Overview of the Mandate and Competences of Agencies Related to Religious Issues in other countries .................................................................................................... 60 4. Critical Analysis of the Main Directions of the Activities of the State Agency for Religious Issues ............................................................................................... 68 5. The Improper use of Bonuses in the Agency ................................................................................... 85 Part 4.Religious Violence and Inefficient and Non-secular Policy of the State 1.General overview ................................................................................................................................. 87 2. Overview of the Religious Conflicts revealed during the Reporting Period ................................ 88 3. Analysis of violent acts against Jehovah’s Witnesses ....................................................................... 98 4. Inconsistent policy in fighting against religious hate motivated crimes ..................................... 100 Part 5. Problems of Religious Neutrality and Equality at Public Schools 1. General overview ................................................................................................................................ 105 2. Legal Assessment of the Decisions Made by the Ministry of Education on the cases of violating Religious Neutrality and Equality at Public Schools ............................... 107 3.Review of the Pilot Survey Outcomes on Possible Discriminatory and Indoctrination Practices at Public Schools carried out in Non-dominant Religious Communities ..................... 115 Part 6. Discriminatory Policy Regarding Construction of Religious Buildings 1.General overview ................................................................................................................................ 124 2. Overview of Cases of Possible Discrimination Related to Construction of Religious Buildings ............................................................................................... 125 Recommendations .......................................................................................................................... 131 Introduction Introduction The given document contains a critical analysis of the state of freedom of religion and appli- cable State policy in 2014-2016. The purpose of the report is to identify the systemic flaws in the policy, which often results in the violation of the principles of religious freedom and secularism and creates a discriminatory atmosphere for the non-dominant religious groups. The quality of protecting religious freedom is one of the criteria for measuring the quality of democracy and pluralism in the country, while the increase of non-secular policy is largely connected to the problem of legitimacy of the political government and the social crisis in the society. That’s why, often, in the periods of transition of power, the policy on freedom of religious changes significantly. In this regard, understandably, the way relationships are con- figured between the government and dominant religious groups, plays a decisive role. Current challenges in Georgia in terms of the freedom of religion are of systematic nature and are the result State’s non-secular and discriminatory practices formed over the years. The cur- rent legislation and the State’s relations with the religious organizations are largely based on the preferential attitudes towards the Georgian Apostolic Autocephalous Orthodox Church (further Orthodox Church). Beyond the asymmetric legal and institutional environment, the non-dominant religious groups in reality experience systematic discrimination. It is notewor- thy that identity based discriminatory policy also causes increased social and economic vul- nerability of the groups belonging to religious minorities. The persecution in case of groups of non-dominant religious groups living as settlements and their exemption from the social structures is revealed at a larger scale and more structurally. Since 2012, the state of freedom of religion has deteriorated considerably, as compared to the previous period. The series of conflicts involving the Muslim community, as well as, increase of religious violence against the Jehovah witnesses and bigger influence of the Orthodox Church in almost all spheres of political and social life – are the most obvious indicators of this situation. The cases of restricting the freedom of religion, revealed during the reporting period, were not unusual or isolated and were mostly manifested in the conflicts and alien- ation between different religious and social groups, which demonstrates that the problem is complex and requires implementing methodical policy by the State. Unfortunately, the State has responded with non-secular and discriminatory practices, as a result big part of religious conflicts have been either conserved or there are risks of escalation. Apart from inefficiency, the State’s policy is openly loyal to the dominant religious institution and ethnic-religious nationalism, which calls for more criticism towards discriminatory and non-secular policy. It must be noted that the
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