Democratic backsliding has often been seen to come in tandem with a rise in anti-LGBTQI rhetoric and policy making. The same is true in Georgia where anti-LGBTQI laws have been enacted, framed as efforts to uphold ‘traditional family values’. This upcoming weekend’s parliamentary elections are being held at a time when the country is at a crossroads. While the majority of Georgian society is understood to be supportive of Euro-Atlantic integration, this aspiration is being weakened on two fronts – externally by Russian influence and internally by the actions of Georgian Dream (GD), the current ruling party.
On 26 October 2024, Georgians will elect a 150-member parliament in the nation’s first fully proportional elections. Only the parties that pass a five percent threshold will secure parliamentary seats. This election follows months of political turmoil in Georgia, including a series of anti-democratic moves by the GD such as the passage of the Foreign Agents Law, anti-LGBT legislation, and the use of repressive measures to crack down on dissent and protests. The GD’s election campaign has focused on scaremongering, by reinforcing the rhetoric that Georgia will repeat Ukraine’s fate should the GD lose – with the GD looking to ban opposition parties in Georgia should they win.[1] The GD has also been perpetuating existing political polarisation, which goes against one of the main recommendations that the European Union (EU) posed for Georgia to receive the EU membership candidacy.[2]
Legislative Changes
The ‘traditional family values’ and anti-LGBT propaganda has been deployed to fortify conservative notions of gender and family, with LGBTI people depicted as a threat to Georgia’s core “national” identity. On 17 September, the Georgian Parliament passed a law on ‘Family Values and Protection of Minors’, with corresponding amendments to administrative and legislative laws.[3] These laws banned ‘alternative’ forms of marriage and prevent ‘‘those who identify as different from their sex’’ and non-heterosexual people – including single individuals – from adopting children. The law bans gender reaffirming surgery or other types of medical interventions. It also bans ‘‘LGBT propaganda’’ in education institutions, in particular the dissemination of information ‘‘aimed at promoting belonging to the opposite sex or same sex relations.’’ Restrictions are also to be placed on gatherings and demonstrations that aim to ‘‘promote’’ a person’s identification with a different gender or same sex relationships.
Georgia’s law ‘on family values and protection of minors’ violates both the national laws and international human rights norms and standards.[4] The law is discriminatory and further restricts human rights advocacy.[5] At present the law explicitly targets individuals based on their gender-diverse identities or expressions and thus justifies them by the need to protect minors. It is largely wielded against freedom of expression and advocacy for equal rights. On a general level, the framing of this law as necessary for child protection implies that LGBTI persons are a threat to children and that young people themselves cannot have diverse sexual orientations and gender identities, thus further compounding homophobia, misunderstanding, and social stigma.[6] Furthermore, the terms “propaganda” or “promotion” suggest ‘‘a deliberate, ideological and potentially sinister motive’’ behind advocating for fundamental human rights.[7] The United Nations Children’s Fund (UNICEF) has identified eliminating such laws as a priority for ending discrimination against young people based on their sexual orientation or gender identity. [8]
The GD administration has decided to target LGBTI people as part of a populist electoral strategy to align their political ambition with the value of a growing religious base of voters. The party’s recent actions, statements and electoral promises take the country away from the European path and signal a shift towards authoritarianism.
Voting abroad and alleged confiscation of the ID cards.
In another move, Georgian civil society have raised concerns with the possible shortfall of polling stations that could be opened by the Ministry of Foreign Affairs (MFA) to enable voters to cast their votes from abroad. The Election Code dictates that the Central Election Commission (CEC) can open polling stations abroad, but that there must be a minimum of 50 and maximum 3,000 voters in each location.[9]
There have been repeated requests about the necessity of opening polling stations abroad by Georgian citizens. The lawsuit brought by the civil society organisation Fair Elections to allow more polling stations, stated that while the CEC is legally required to create election precincts abroad, the specific location for these precincts fall within its discretionary authority. It was suggested that the MFA did not demonstrate the necessary political will to open temporary consular institutions. Nevertheless such a step by the CEC would have facilitated the realisation of the voting rights of citizens living abroad, further serving the commission’s primary goal of safeguarding the electoral rights of all citizens.[10]
Civil society organisations have also expressed their concerns regarding recent violations in the pre-election monitoring process where there have been several instances of illegal processing of voters’ personal data and the confiscation of identity cards.[11] It has been suggested that it was the activists of the ruling party asking some voters and civil servants, or others employed through state funding) to hand over their identity documents so that they will be unable to vote.[12] These actions amount to criminal offences.[13]
Georgia’s European Path Endangered
On 17 October 2024, the General Secretariat of the Council of Europe delegation issued a statement, reiterating its “serious concern regarding the course of action taken by the Georgian government, which runs counter to the values and principles upon which the European Union is founded” and reaffirming its support towards the Georgian people’s EU aspirations.[14] According to the EU, the government’s current stance jeopardises Georgia’s European path and de facto halts the accession process. The European Council then went on to call for Georgia “to adopt democratic, comprehensive and sustainable reforms, in line with the core principles of European integration.”[15] The Council stressed that it would continue monitoring the situation in Georgia closely. With reference to the upcoming parliamentary elections, the Council reiterated their expectations for Georgia’s looming elections to be free and fair, in line with international standards, along with unconditional access for international and domestic election observers.[16]
Conclusion
GD have adopted a discernible trend to summon public antagonism against LGBTI persons as a political strategy to boost their own popularity. Importantly, the ruling party has exploited existing prejudices by tapping into divisive sentiments to mobilise voters and advance their own political agendas.
The rhetoric used to justify new laws and policies relies on harmful and false stereotypes and perpetuates misinformation about the LGBTI community. Concepts such as “protecting children” from those who identify as LGBTI due to a purported negative influence misrepresents LGBTI persons as a threat to the family, society and the state. While these are absurd claims to direct against a group in society, they have proven to be an effective scapegoating strategy in many instances, further perpetuating polarisation within Georgian society. This is further aggravated by political dichotomy, increased anti-western rhetoric and alleged pressure on civil servants in a bid to mobilise voters. It is therefore unsurprising that this election can be seen as a referendum that will determine Georgia’s path either towards the EU or Russia. We will know the outcome soon enough.
Mariam Uberi is an FPC Research Fellow, Qualified Georgian criminal lawyer and a Human Rights analyst.
Photograph free to use under the Unsplash Licenses.
Disclaimer: The views expressed in this piece are those of the author and do not reflect the views of The Foreign Policy Centre.
[1] Nini Gabritchidze, October’s elections, odds, context, past contest, Civil Georgia, 09 September 2024, https://civil.ge/archives/627440.
[2] European Commission, Memo: Opinion on the EU membership application on Georgia, 17 June 2022, https://ec.europa.eu/commission/presscorner/detail/en/qanda_22_3800
[3] United Nations, Press Release: Georgia must repeal discriminatory law targeting LGBT persons and human rights activists: UN experts, 26 September 2024, https://www.ohchr.org/en/press-releases/2024/09/georgia-must-repeal-discriminatory-law-targeting-lgbt-persons-and-human
[4] Civil Georgia, Parliament speaker presents homophobic legislation, 04 June 2024, https://civil.ge/archives/611284
[5] Human Rights Council, Protection against violence and discrimination based on sexual orientation and gender identity in relation to the human rights to freedom of expression, peaceful assembly and association, 18 April 2024, pp.5
[6] Ibid.p.5.
[7] Ibid.p.7.
[8] UNICEF, Eliminating sexual discrimination based on their gender and identity, Current Issues (9) 2014, https://www.unicef.org/media/91126/file
[9] Georgian Young Lawyers’ Association, GYLA′s assessment regarding the opening of election precincts abroad, 11 October 2024, https://gyla.ge/en/post/8417
[10] Ibid.
[11] Ibid.
[12] Georgian Young Lawyers’ Association, Local Monitoring Organizations’ Statement Regarding Instances of Alleged Illegal Processing of Voters’ Personal Data and the Confiscation of Identity Cards, 18 October 2024, https://gyla.ge/en/post/sadamkvirveblo-organizaciebis-gancxadeba-6879
[13] International Society for Fair Elections and Democracy, Local Monitoring Organizations’ Statement Regarding Instances of Alleged Illegal Processing of Voters’ Personal Data and the Confiscation of Identity Cards, 18 October 2024, https://shorturl.at/wXcku
[14] General Secretariat of the Council, European Council, Note EUCO 25/24, 17 October 2024, https://civil.ge/wp-content/uploads/2024/10/20241017-euco-conclusions-en.pdf
[15] Civil Georgia, EU Accession Process Halted, Aid to MoD Frozen, Relations at a Low Point, Ambassador Herczyński Regrets, 09 July 2024, https://civil.ge/archives/615670
[16] Ibid.