Legal Framework on Freedom of Religion and Actual Application
The people of Georgia adhere to four primary religions: Georgian Orthodoxy, Armenian Apostolic Christianity, Catholicism, and Islam. The country is overwhelmingly Georgian Orthodox (83 percent of the population), which is one of the oldest Christian Churches in the world. The second, third, and fourth largest religions are Islam (10 percent), Armenian Apostolic Christianity (3 percent), and Catholicism (0.5 percent). Judaism also has a small presence in Georgia; there are between 2600 and 6000 Jewish adherents, the majority of whom live in the country’s capital, Tbilisi.
The Constitution (revised in 2018) of Georgia enshrines freedom of religion. Under Article 16 (1-3), “Everyone has freedom of belief, religion and conscience. These rights may be restricted only in accordance with law for ensuring public safety, or for protecting health or the rights of others, insofar as is necessary in a democratic society. No one shall be persecuted because of his/her belief, religion or conscience, or be coerced into expressing his/her opinion thereon.”
The constitution further guarantees all persons equal protection under the law and prohibits discrimination based on a number of characteristics, including “race, colour, sex, origin, ethnicity, language, religion, political or other views, social affiliation, property or titular status, place of residence, or on any other grounds.” Article 11 (1-2) further provides that, “[i]n accordance with universally recognised principles and norms of international law and the legislation of Georgia, citizens of Georgia, regardless of their ethnic and religious affiliation or language, shall have the right to maintain and develop their culture, and use their mother tongue in private and in public, without any discrimination.”
In South Ossetia and Abkhazia, the Georgian Orthodox Church (GOC) and the Russian Orthodox Church (ROC) formally recognize GOC as the proper canonical body with jurisdiction in the area. Article 8 of the constitution recognises “the outstanding role of the Apostolic Autocephalous Orthodox Church of Georgia in the history of Georgia, and its independence from the State.” Laws and policies confer unique privileges to the GOC, including exemptions from several requirements that apply to other religious groups, such as taxes on the construction of religious buildings and property taxes.
In 2005, Georgia passed a Law of Georgia on General Education. Article 3 of the law guarantees the freedom of public schools from religious association, while Article 13 prevents the use of general education institutions for the purposes of religious “indoctrination,” proselytism, or forced assimilation. Article 8 prohibits the spread of hatred on religious grounds and protects pupils, parents, and teachers from such behaviour. Article 13 also requires that schools facilitate mutual respect between members of different faith groups. Article 18 prohibits the placement of religious symbols on school grounds for non-academic purposes, and provides that pupils shall have the right to study religion or conduct religious rituals “outside of school time.” Finally, Article 21 states that all teachers must be treated equally regardless of their religious affiliation. Although the law requires neutrality between religions, there is evidence of the promotion of GOC theology in religious courses and GOC prayers conducted in classrooms.
The State Agency on Religious Affairs (SARI) is a public entity created to implement Georgia’s policies on religious issues. The agency’s mission is to use funds allocated by the state budget – as of 2014, 4.5 million GEL (ca. $5 million USD) – to compensate for material and moral damages inflicted upon different religious groups during the Soviet period. The agency is also “interested in education and property issues.” SARI’s primary responsibilities include researching the existing religious situation and reporting to the government, preparing recommendations and legal acts for government consideration, and serving as a consultative body and intermediary for the government in disputes arising between religious associations. SARI may also issue nonbinding recommendations on the construction of religious buildings, determinations of their locations, and transfer of such properties to religious organisations. Since 2015, SARI has advocated for a new religious law in Georgia, but has faced pushback from various religious communities that have stressed that no additional regulation is necessary.
A religious group may register with the National Agency of the Public Registry (NAPR) as a Legal Entity of Public Law (LEPL) or as a non-profit organisation. Registration offers benefits such as legal recognition and partial tax exemptions. Unregistered groups may still conduct religious activities but do not receive these benefits.
In Georgian prisons, there are many GOC chapels, but no areas assigned for nondenominational worship. Muslims and other minority religious groups can generally practice their religion and access religious counselling services, though these services are only available upon request in prisons. Regardless of religion, prisoners are exempt from work during religious holidays.
Incidents and Developments
Georgia’s socio-political and economic development has been marked by “civil war, territorial conflicts and sharp economic decline”. Today’s political landscape is polarized, “dominated by two antagonistic parties” entrenching the country’s ongoing socioeconomic challenges. The “low trust in democratic institutions” contrast with high trust levels in the Georgian Orthodox Church, which remains the most important civil society organisation “claiming the prerogative in defining national values”.
This preferential position is also reflected within the religious landscape. For example, for Muslims and other Christian denominations, other than the Georgian Orthodox Church, an ongoing challenge remains the possibility to receive property nationalised during the Soviet period. During the period under review, this was juxtaposed with the authorities’ granting to the Orthodox Church “exclusive right to receive state property (primarily forests) adjacent to churches and monasteries”. In the realm of tax law, many minority religious groups also continued to claim that there is a lack of a clear legislative framework regarding exemptions and restitution; minority religious groups continued to push for tax reform and a broader law on religion to define which groups are eligible for tax benefits.
Interfaith relations in Georgia are generally positive. In May 2021, the town of Dmanisi was witness to violent ethnic clashes, home to a mixed Georgian-Azerbaijani population. “The timely and coordinated response of GOC and Muslim leaders to the violence demonstrated an awareness of the need for dialogue to try to defuse a potentially dangerous crisis”.
On 2 May 2021, in his annual Easter epistle held in the Holy Trinity Cathedral of Tbilisi, Georgia’s Orthodox Church Patriarch Ilia II addressed secular post-humanism stating that: “contemporary atheist thought prepares to create a different reality, and attempts to revise fundamental principles of human existence” adding that “traditional identities defining the human being – ‘man’ and ‘woman’, ‘family values’ have been erased.”
In June 2021, the Georgian government lifted many of its COVID-19 restrictions but left in place some restrictions on large social gatherings. Prior to the repeal of these restrictions, minority religious leaders and representatives from NGOs that promote religious freedom claimed that COVID-19 curfew rules were not equally applied. They argued that the government granted broad exceptions to the GOC for GOC holidays, including Christmas and Easter, while requiring minority religious groups to apply for such exemptions and submit attendee lists to SARI. A group of religious organizations, including Georgian Muslims, Evangelical Christians, the Friends Society, the Catholic Church, and the Salvation Army, claimed that this application process was discriminatory and unjustifiably collected personal data.
State actors have been accused of interfering with various religious bodies in the country despite the constitutional protection of freedom of religion. For example, in August 2021, Nika Gvaramia, the director general of Mtavari Arkhi TV, a pro-opposition channel, claimed that Georgian state security services were spying on members of the clergy. The clergy members allegedly subjected to this surveillance included religious leaders of the GOC, and the general surveillance encompassed interactions with political leaders, journalists, and diplomats. However, there was dispute over the evidence offered in support of these claims; the government denied the documents’ legitimacy, while NGOs, journalists, and religious leaders supported their veracity. Religious leaders expressed concern that surveillance compromised the free expression of religion in Georgia.
In September 2021, the Georgian government permitted Jehovah’s Witnesses to register as an equal legal entity alongside other recognised religious groups. Although the government granted registration, the authorities denied registration to six other religious organisations based on the “non-existence of legal grounds envisioned by legislation.”
The situation for religious freedom for Muslims continues to be challenging. For example, since 2017, Muslims in the city of Batumi have sought permission to build a second mosque as the first was deemed too small. The request was repeatedly denied. On 13 April 2021, the Kutaisi Court of Appeals upheld a 2019 Batumi City Court ruling which annulled the refusal by the Batumi City Hall to permit building a mosque as illegal and discriminatory on the grounds of religion. A Georgian NGO, the Social Justice Center, stated: “This is a very important decision of the national courts, which has recognized the discriminatory practice of violating the freedom of religion of the Muslim community for years and creates legal preconditions for the restoration of their rights and dignity.”
In April 2022, Jewish communities denounced a spike of hate speech and hate crimes – of note on social networks – particularly against the family of a Jewish activist murdered in 2018. Jewish community leaders also complained of repeated acts of vandalism in the cemeteries and other property, as well as of anti-Semitic messages that were repeated by clergymen of the GOC, for example claiming to quote Russian Orthodox leaders stating that the President of Ukraine was Jewish.
In June 2022, the Vatican and Georgia marked 30 years of diplomatic relations with a concert by the Choir of the Cathedral of Tbilisi, taking place in the Sistine Chapel.
Prospects for religious freedom
The Georgian Constitution guarantees freedom of religion in Georgia. However, the GOC’s special legal privileges and cultural dominance are unique in the country influencing the scope of religious liberty. In contrast, other religions face discrimination, do not receive equal benefits, and in some cases suffer intolerance. In general, the prospects for religious freedom remain positive.
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