"There were continued reports of societal abuses or discrimination based on religious affiliation, belief, or practice. Incidents of harassment were reported outside of Tbilisi involving local citizens, government officials, and Orthodox provocateurs. The Ombudsman's Office reported no new incidents of religious intolerance prior to August 2008 and a perceived increase in incidents following the August conflict. Systemic problems remained largely unchanged, such as the return of church property, legal registration of denominations, unequal legal frameworks, and negative media coverage of non-Orthodox religions". See bellow full text of the report.
The Constitution provides for freedom of religion, and other laws and
policies contributed to the generally free practice of religion. The
status of respect for religious freedom by the Government continued to
improve during the reporting period, and government policy continued to
contribute to religious freedom. As government attention shifted to
national security challenges following the August 2008 conflict with
Russia, implementation of new policies relating to religious freedom
appeared to have slowed. Despite this, the Government was able to make
progress on religious freedom, particularly in education.
The U.S. Government discusses religious freedom with the Government as
part of its overall policy to promote human rights. The U.S. Embassy
funded several projects to foster religious tolerance.
Section I. Religious Demography
The country has an area of 25,900 square miles and a population of 4.6
million, including the separatist regions of Abkhazia and South
Ossetia, which are not under the control of the Government. There are
strong correlations between ethnic group, religious affiliation, and
often, geographic area.
Most ethnic Georgians (84 percent of the population, according to the
2002 census) associate themselves with the Georgian Orthodox Church
(GOC). Orthodox Christians who are not Georgian accept the territorial
jurisdiction of the GOC and generally use the primary language of their
communicants (e.g., Russian, Armenian, or Greek). There remain a small
number of mostly ethnic Russian adherents of three dissident Orthodox
schools: the Molokani, Staroveriy (Old Believers), and Dukhoboriy
(Spirit Wrestlers). The existence of radical Georgian Orthodox groups
such as David the Builder and Orthodox Parents is recognized, but
according to the Patriarchy, they are in no way associated with the GOC.
The Armenian Apostolic Church (AAC), the Roman Catholic Church (RCC),
Judaism, and Islam have coexisted with Georgian Orthodoxy for
centuries. Azeris comprise the second largest ethnic group
(approximately 285,000, or 7 percent of the population) and are largely
Muslim; most live in the southeastern region of Kvemo-Kartli, where
they constitute a majority. Other Muslim groups include the ethnic
Georgian Muslims of Ajara and Chechen Kists in the northeastern region,
bringing the Muslims up to 10 percent of the population. Armenians are
the third largest ethnic group (estimated at 249,000, or 6 percent of
the population) and belong predominantly to the AAC; they constitute
the majority of the population in the southern Samtskhe-Javakheti
region.
There are an estimated 35,000 Catholics, largely ethnic Georgians or
Assyrians, and 18,000 Kurdish Yezidis. The ethnic Greek Orthodox
community numbers 15,000. There are an estimated 10,000 Jews.
Protestant and other nontraditional denominations such as Baptists,
Jehovah's Witnesses, and Krishnas have become more active and
prominent. Each of these groups represents less than 1 percent of the
population.
Section II. Status of Government Respect for Freedom of Religion
Legal/Policy Framework
The Constitution provides for freedom of religion, and other laws and
policies contributed to the generally free practice of religion. The
Constitution recognizes the special role of the GOC in the country's
history but also stipulates the independence of church from state. A
2002 concordat between the Government and the GOC also recognizes the
special role of the GOC.
The Criminal Code specifically prohibits interference with worship
services, persecution of a person based on religious faith or belief,
and interference with the establishment of a religious organization.
Violations of these prohibitions are punishable by fine and/or
imprisonment; violations committed by a public officer or official are
considered abuses of power and are punishable by higher fines and/or
longer terms of imprisonment.
The Human Rights Protection Unit in the legal department of the
Prosecutor General's Office (PGO) is charged with protecting human
rights, including religious freedom. The Ombudsman (Public Defender)
also monitors complaints of restrictions on religious freedom. The
Ministry of Internal Affairs and the PGO remained active in the
protection of religious freedom. Minority religious groups, such as the
Jehovah's Witnesses, expressed satisfaction with the PGO commitment to
protecting religious freedom.
The Government observes the following major Orthodox holy days as
national holidays: Orthodox Christmas, Epiphany, Good Friday, Orthodox
Easter, Easter Monday, the Day of Apostle Andrew, the Day of the Virgin
Mary, Svetitskhovloba, and St. George's Day.
Under a 2006 law, religious groups other than the GOC may register with
the Government as a Noncommercial Entity of Private Law (in one of
several forms such as a union or a foundation) to receive legal status
and tax benefits. A union is based on membership (a minimum of five
members is required), while a foundation involves one or more founders
establishing a fund for furtherance of a certain cause for the benefit
of the particular group or the general public. In all cases
registration is a function of the tax department of the Ministry of
Finance, which must grant or deny registration within three days of
application. A refusal may be appealed in court. There were no reports
of any groups being refused registration during the reporting period.
Some religious groups expressed dissatisfaction with having to register
as a Noncommercial Entity of Private Law instead of as a religious
group to receive legal status and tax benefits.
Article 18 of the Law on General Education specifies that "pupils,
parents, and teachers enjoy freedom of religious belief, denomination,
and conscience, according to the rule established by law, and have the
right to choose and change any religious denomination at will."
A 2005 law separating state schools and religious teaching narrowed the
interpretation of the government concordat with the GOC regarding
teaching Orthodoxy as an elective part of the school curriculum. The
law states that such Orthodox teaching may take place only after school
hours and cannot be controlled by the school or teachers. Outside
instructors, including clergy, cannot regularly attend or direct
student extracurricular activities or student clubs and their meetings.
Lay theologians, rather than priests, led such activities.
By law the GOC has a consultative role in curriculum development but no
veto power. The GOC routinely reviews religious and other textbooks
used in schools for consistency with Orthodox beliefs, although this
review is not conducted within the government structure but rather as
part of the GOC's pastoral activities. According to the Ministry of
Education (MOE), priests are not as active on school grounds as they
have been in the past and, in addition, some priests have offered more
craft and science activities outside of school to attract children into
groups at church.
During the year the government investigated several cases of
interference, threats, intimidation, or violence. The PGO continued to
exercise prosecutorial discretion to emphasize cases arising after
2003, given its limited investigative and prosecutorial resources.
Investigations prior to 2003 were scheduled to continue where feasible,
but priority was given to new cases. Religious minority groups pointed
out that this could lead to the eventual elimination of cases that
could be investigated under law predating 2003.
Restrictions on Religious Freedom
Respect for religious freedom by the Government continued to improve,
and government policy continued to contribute to the free practice of
religion in most instances. At the same time, an overarching complaint
of religious groups other than the GOC was that they do not have equal
legal status, are not recognized officially as religions, and do not
enjoy the same privileges as the GOC. Minority religious groups also
complained that local police did not always respond promptly to their
complaints. Investigations of complaints are often left incomplete.
The 2002 concordat between the GOC and the state defines relations
between the two entities. The concordat contains several controversial
articles: giving the patriarch legal immunity, granting the GOC the
exclusive right to staff the military chaplaincy, exempting GOC
clergymen from military service, and giving the GOC a unique
consultative role in government, especially in the sphere of education;
however, many of the controversial articles require Parliament to adopt
implementing legislation, which it had not done by the end of the
reporting period.
The Jewish community has been registered as a union for several years,
not because it preferred this designation, but simply because the
designation allowed them to repair a synagogue. While the synagogue has
not been returned to the Jewish community's ownership, the Government
has leased it to them for the symbolic price of $0.61(one Lari) per
month. The ability to "lease" the property satisfied the investors
willing to put up the funding for the repair work. The AAC has refused
to register as a union or a foundation, which leaves it without legal
identity. The RCC has registered parts of its community in order to
have legal control over its properties. This registration arrangement
gives it physical control over church buildings and relieves it from
the former practice of having to register its religious entities in an
individual's name. Nonetheless, the RCC was very careful to underline
its discontent with the registration options that "deny dignity."
Baptists and the Jehovah's Witnesses shared this complaint. Only the
Krishnas were satisfied with the registration options, because it gave
the community of 100 practitioners the ability to repair and control
its temple but did not focus additional government attention on their
presence.
At the end of the reporting period, the RCC-owned Sulkhan-Saba
Orbeliani Institute of Philosophy, Theology, Culture, and History
continued to be denied reaccreditation applied for in 2007. The
institute claimed to have addressed the stated issues cited for denial:
not knowing the exact number of text books in the institution; not
posting the library hours outside the library; not posting the number
of visitors on their website; and that its four-year diploma was for
Humanities with a specialty in Theology, and Theology is not on the
accepted MOE list of subjects for diplomas. Representatives of the
Institute were informally told by the group called Orthodox Parents
that they would not gain accreditation.
Muslim officials reported that local government and police erected 22
solid crosses in cement in Muslim communities in the Bolnisi District
in 2009. The crosses were placed near community centers and cemeteries.
The Patriarchy was aware that this happened and called the local bishop
to Tbilisi and explained that the crosses were an act of provocation
and must not be continued. No crosses were observed in a later visit to
the area by a representative of the Ministry of Reintegration. Bolnisi
District officials also asked Muslims to curtail or minimize the call
to prayer. They did not intercede or fine the mosques but continued to
refuse official permission for the public call to prayer.
In previous reporting periods, government authorities argued that the
registration law provides an adequate balance between the demands of
religious minorities and the desire to safeguard the special status of
the GOC. The Government contended that creating a specific status for
religious groups per se would result in unnecessary controversy between
groups over whatever definition was to be adopted and that the current
registration law effectively leads to equal treatment of religious
groups. In the Government's view, the registration law was
religion-neutral in that its principal concern is only whether an
organization is for-profit or not-for-profit. Registered religious
groups receive substantially the same legal protection of their
property rights and tax status as the GOC, although authorities
conceded that there may be confusion on the part of potential
beneficiaries and government implementers. The GOC argued that only
largely symbolic preferences remain, befitting the GOC's status under
the concordat, such as exemption from initial payment of the
value-added tax (versus paying and receiving reimbursement) and
exemption from profit on sales of religious artifacts. The Ministry for
Reintegration prepared to present a new proposal to the cabinet in
early April 2009 to allow all religious groups that applied, to be
recognized as Entities of the Public Law. However, the Deputy State
Minister for Reintegration was advised not to present the proposal to
the cabinet without consultation with the Patriarchy. Upon
consultation, the Patriarchy advised that with the unrelated political
protests then taking place, that the times were tense and the proposal
should wait. The GOC was concerned that official recognition of
religious status would result in smaller, better financed groups being
better able to draw people to their institutions with the possibility
of material assistance.
Restitution of property confiscated during the communist regime
remained a contentious issue. During the reporting period, the
Government did not return any additional churches, mosques, synagogues,
or meeting halls. The main mosque and two synagogues in Tbilisi were
operated by their respective religious communities but remained state
property. However, restoration of GOC churches previously returned
continued, in part with government subsidies on the grounds that the
buildings are national cultural heritage sites. The Government also
provided subsidies for the maintenance and preservation of mosques on
similar grounds. Under an agreement with Turkey, the Ministry of
Culture was expected to begin renovation of an Islamic prayer hall in
Kobuleti during 2008 but had not begun by the end of the reporting
period. Other minority religious groups claimed that state funding is
not provided on a neutral and equitable basis. The AAC complained that
the church it operates in Tbilisi , which AAC leaders said serves
100,000 congregants, had not received funding because the AAC refused
to register with the Government. The Ministry of Culture stated it
cannot fund a renovation project there as long as the church has no
legally registered owner.
Officials of both the RCC and the AAC believed that property disputes
were not resolved in a transparent legal process but rather on a
case-by-case basis that distinctly favored GOC claims. They claimed
that the Government was unwilling to resolve disputes over the
ownership of disputed church properties for fear of offending GOC
constituents.
In 2007 the Ministry of Justice adopted plans to rely on disinterested
expert opinion for assessment of future ownership disputes, instead of
a then-inactive commission that had included a GOC participant.
Controversy continued to surround the disposition of the Norashen
Church, claimed by both AAC and GOC, which has been closed since 1995.
On November 16, 2008, Father Tariel Sikinchelashvili, a Georgian
Orthodox Priest, brought a bulldozer into the churchyard, which a
Georgian church shared with the Norashen church. To clear the grounds
for the bulldozer to pass, he removed and later replaced several
Armenian headstones in the yard. Armenian clergy called this action
disrespectful to the Armenian remains buried there. At the end of the
reporting period, the activity had stopped and the rubble that sat atop
some of the Armenian graves had been cleared. A RCC-GOC commission
formed to discuss disputed churches made no progress during the
reporting period. In contrast to previous reporting periods, however,
disputed ownership did not lead to additional interfaith disturbances.
The RCC, AAC, and several Protestant denominations continued to have
difficulty obtaining permission to construct new churches, due to the
reluctance of local authorities to issue building permits that could
antagonize local GOC officials. During the reporting period,
authorities referred the RCC to a local GOC bishop for permission to
build a new church. The GOC bishop suggested that the RCC repair an old
church instead, and that suggestion was accepted by local government.
Muslims in Adjara also were unsuccessful in regaining their pre-Soviet
era properties. Local officials were unresponsive to repeated requests
for the return of the mosques.
In contrast, the GOC had most of its properties restored. During the
Soviet era the State seized most GOC properties. Nearly all of these
have been returned to the Church. In addition to restoring GOC
properties, the Government also allocates grants to the Church every
year to help offset some of the damage done during the Soviet era. In
2009 the grant was in the amount of $15 million (25 million Lari). The
Patriarchy reported that those funds would be spent on educational
activities and aid to the poor and orphaned.
Three cases filed by the Jehovah's Witnesses with the European Court of
Human Rights (ECHR) in response to violent attacks committed against
Jehovah's Witnesses by police and other government officials in 2001
were resolved during this reporting period. All three cases were
decided in favor of the defendants. Four additional cases against the
Government remain undecided at the ECHR and reflected complaints of
violent persecution without subsequent judicial remedies, illegal
actions of police officers and other government officials, and
liquidation of Jehovah's Witnesses legal entities.
Minority religious groups, including Jehovah's Witnesses, continued to
report difficulties obtaining permits to build or occupy houses of
worship or to regain control of facilities confiscated during the
communist era, although Jehovah's Witnesses no longer considered it
necessary to hold services in private homes for security reasons.
Jehovah's Witnesses' construction plans for property bought in Tbilisi has been an ongoing problem. The necessary documents were filed with
the Mayor's Office, but permission was denied. In August 2008 an appeal
was filed against the Tbilisi City Administration for denying
construction permission. In February 2009 the Administrative Court
ruled in favor of the Jehovah's Witnesses; however, the defendants
appealed that decision. Jehovah's Witnesses were involved in several
problematic building projects (see Section III).
Jehovah's Witnesses leaders stated they continue to be denied access to
halls that seat more than 200 persons and the PGO had not brought
charges against any individuals for these denials. Jehovah's Witnesses
leaders stated they did not plan to press for prosecution but hoped to
resolve the issue by receiving permission to build their own large
hall. They have not proceeded with this plan but continued to try to
rent venues.
Plans to build a Jehovah's Witnesses community center in the Avlabari
region of Tbilisi were halted by municipal officials who questioned
whether the group legally obtained the property. As of May 2008 the
group had still not been granted a preliminary construction permit, the
first step toward beginning the project. At the end of the reporting
period, the city of Tbilisi was considering an application by the
Jehovah's Witnesses to purchase a plot of land near the Tbilisi Sea
(reservoir) for the construction of a large assembly hall.
The Ombudsman reported continuing problems with teachers reinforcing
Orthodox theology through classroom prayer and the display of icons and
other religious symbols in schools. The Ombudsman characterized this
problem as especially common in Adjara, where Muslim students are
frequently the target of religious pressure from Orthodox teachers. The
MOE instituted a General Inspection Department to deal with complaints
of inappropriate teacher behavior, including violations of the
religious freedom of students. During the reporting period, the General
Inspection Department stated that only one complaint of a violation of
religious freedom was filed, in April 2008 by a Jewish teacher who felt
her religion had led to mistreatment by her colleagues. An
investigation by the General Inspection Department was underway at the
end of the reporting period.
Minority religious leaders continued to complain to the Ombudsman's
Office that some public school teachers and local Orthodox priests
continued to criticize minority religious groups and interfaith
marriages. Some teachers reportedly ridiculed Catholic and Protestant
students, discouraging Orthodox followers from interacting with them.
In the 2009 reporting period, Roman Catholics noted that teachers said
that children who make the sign of the cross in school in the orthodox
manner are "making the sign of God," while children who make the sign
of the cross in the Roman Catholic manner are "making the sign of the
devil." At school, staff will assume a child is Orthodox Christian
unless they are made aware otherwise, which can then be the source of
difficulty at school. For this reason, Roman Catholics, Baptists, and
Krishnas all remarked that parents found the school environment better
for their children if their household did not announce its religious
affiliations in its community.
Jehovah's Witnesses' leaders reported that harassment at school of
their children's faith decreased significantly during the reporting
period. They credited intervention by the Ombudsman's Office and the
actions of the General Inspection Department of the MOE. Community
leaders said they had received no complaints during the reporting
period of Jehovah's Witnesses' children being harassed or discriminated
against in school by teachers or students.
The separatist Abkhazia and South Ossetia regions remained outside the
control of the central Government, and reliable information from those
regions was difficult to obtain. A 1995 decree issued by the de facto
Abkhaz leader that banned Jehovah's Witnesses in the region remained in
effect but was not enforced. The group reported that it continued to
hold services in Abkhazia but limited its activities because of the
decree. Baptists, Lutherans, and Roman Catholics also reported that
they were allowed to operate in the region, but the GOC reported that
it was unable to do so.
In March 2009 the de facto Abkhaz authorities accused three GOC priests
of spying and on April 4, 2009, expelled them from Abkhazia. In early
April 2009 Abkhaz de facto authorities expelled four Georgian monks and
three nuns of the Saint Giorgi Church in the village of Azhara in
Kodori Gorge reportedly for not recognizing Abkhaz de facto
jurisdiction over Kodori Gorge. According to press reports they were
first taken to Sukhumi, interrogated, and urged to take Abkhaz
"passports." They refused to accept the documents and said they were
subordinate only to the GOC. They were then expelled. The monks crossed
the administrative boundary at the Enguri Bridge into
Georgian-controlled territory. While they were traveling, Russian
forces shot guns in the air for five minutes, presumably to intimidate
those waiting for the monks at the bridge.
In South Ossetia, GOC adherents remained unable to hold services in GOC
churches located near the ethnic Georgian villages of Nuli, Eredvi,
Monasteri, and Gera because these areas were under the control of de
facto South Ossetian authorities.
Abuses of Religious Freedom
There were no developments reported in the investigation into the May
2007 incident involving unidentified individuals who insulted and
physically abused Jehovah's Witnesses Davit Shermadini and David
Karamiani in Gldani and forcibly took their Jehovah's Witnesses
literature, destroying it at the scene. At the end of the reporting
period, the investigation continued.
There were no reports of religious prisoners or detainees in the country. Forced Religious Conversion
There were no reports of forced religious conversion, including of
minor U.S. citizens who had been abducted or illegally removed from the
United States or who had not been allowed to be returned to the United
States.
Improvements and Positive Developments in Respect for Religious Freedom
Religious minorities generally welcomed the removal of religious
education from public schools except for instruction about religion in
a broad historical context; however, religious minorities and
nongovernmental organizations (NGO) observed that practice did not
always keep pace with the law. In the reporting period, the MOE noted a
marked reduction in religious shrines at school and some additional
effort by teachers to keep religion out of the classroom.
In the past, public schools offered an elective course on religion in
society, which covered the history of major religions. Parents
complained that the course's teachers and textbooks focused solely on
the Orthodox Church. In July 2007 the MOE suspended work on a new
curriculum that was to have addressed the public's complaints because
the working group could not agree on content. The MOE was able to
complete a curriculum in 2009 that met the needs of the education
system. The MOE had some difficulty when it tried to introduce the
course as an independent and required subject. However, they were able
to successfully add the course into the existing history curriculum.
History and geography courses provided some coverage of world religious
groups. The MOE replaced older textbooks that contained themes or
materials considered inappropriate under legislation promoting
religious freedom. The new textbooks include materials on religious
groups other than the GOC and discuss them in a neutral fashion. During
2007 and 2008 new textbooks were introduced for the second, eighth, and
eleventh grades. In the national history and geography curriculum,
schools must teach religious beliefs only as a component of a generally
chronological or thematic treatment of history and culture, describing
religious themes, texts, and beliefs without endorsement or favor. As
early as the third grade, excerpts from religious texts with religious
themes may be taught in literature courses, for instance. MOE
guidelines state that such texts and themes are to be integrated with
civic and moral teachings to emphasize interfaith tolerance and mutual
understanding. Plans call for civic curriculum guidelines to make
religious tolerance an element of mandatory civic training in the
seventh through ninth grades. The MOE reported that the implementation
of these plans, however, has been delayed because resources have been
focused on other elements of the national curriculum.
At the end of the reporting period, the leaders of the Tbilisi Mosque,
who had refused to register under the current law, and who had
previously reported difficulties in importing religious materials,
successfully received religious literature ordered in 2008 and 2009
from Azerbaijan and Turkey.
In the previous reporting period an intervention by the Ombudsman with
the Directorate of Prisons led to improvements in ecclesiastical prison
visits. At the request of the Directorate of Prisons, the Religious
Council of the Ombudsman, which includes a wide range of religious
groups, compiled a list of clergymen who were expected to be granted
prison access for ecclesiastical visits. This procedure was designed to
balance the interests of religious access and security. During this
reporting period, the GOC took on the responsibility of monitoring
access to religious freedom for prisoners. A rabbi reported that this
worked well and he was able, with the help of the GOC, to provide
kosher food to those inmates who require it and to visit prisoners
every week.
On April 24, 2009, the Government and the GOC signed a memorandum of
agreement stating that the GOC will take the responsibility to
facilitate the resocialization of convicts through their involvement in
church life and active participation in publically useful work. The
details of this process were not spelled out, and much coordination
remained in order to implement the agreement.
Section III. Status of Societal Respect for Religious Freedom
There were continued reports of societal abuses or discrimination based
on religious affiliation, belief, or practice. Incidents of harassment
were reported outside of Tbilisi involving local citizens, government
officials, and Orthodox provocateurs. There appeared to be a general
tolerance toward minority religious groups "traditional" to the
country, including Catholics, Armenian Apostolic Christians, Jews, and
Muslims. However, some members of the GOC and the public remained
apprehensive toward "nontraditional" religious minorities, such as
Jehovah's Witnesses and the Baptist Church. Some persons viewed
minority religious groups as a threat to the national church and the
country's cultural values.
During the year there were five attacks on members of religious
minorities. Police were quick to respond to incidents of abuse but
slower in their follow-up to crimes they viewed as minor "hooliganism,"
defined as actions that violate public order or demonstrate open
contempt toward society by using violence or threats of violence.
A number of religious minorities reported continuing media hostility.
Some religious minority leaders noted that the media simply ignored
their communities, providing no coverage of their activities. Muslims
said that no government official, with the exception of a
representative from the Ombudsman's Office, had visited a mosque to
celebrate any activity. Although local officials participate in GOC
celebrations they do not participate in other local religious events,
which may limit media coverage.
During this reporting period, the Jehovah's Witnesses provided a list
of 27 incidents involving harassment reported to the authorities, eight
of which were in Tbilisi (compared to the corresponding 18 and 9
reported last year). Approximately half of the complaints involved
harassment when Jehovah's Witnesses, working in pairs, tried to talk
with people about Bible stories. The other half involved physical
damage to meeting places, especially kingdom halls (Jehovah's
Witnesses' church buildings) under construction, and to cars associated
with the buildings. Of the 27 incidents, 3 were prosecuted, 1 was
dropped, and 23 remained unresolved. Of those incidents prosecuted, one
was for physical violence to people proselytizing, an incident
involving verbal abuse was excused, and an incident involving stones
being thrown during a demonstration at a construction site was resolved
with fines and warnings to the perpetrators. The perpetrators of these
incidents reportedly included a mayor, local priests, and school
teachers. These numbers do not include the numerous cases of crosses
painted on opposing ends of kingdom halls and buildings (as if to
contain the Witnesses with this sacred symbol) and other graffiti.
The GOC continued to complain that the Russian Orthodox Church (ROC's)
Moscow Theological Seminary was training Abkhaz priests for service in
Abkhazia, the breakaway region. Despite the fact that the ROC says that
it recognizes the GOC as a legitimate church in Abkhazia, the GOC
Patriarchate claimed that the ROC was sending in priests loyal to the
ROC Patriarchate in MOSCOW under the pretext of setting up indigenous
Abkhaz churches.
The RCC reported that in the southern region of Adygnei, as well as in
the city of Akhaltsikhe, Roman Catholics faced a hostile environment.
During previous reporting periods, incidents of abuse were committed by
or attributed to a small group of GOC extremists, who were subsequently
repudiated by the GOC and prosecuted. On July 25, 2008, one such
extremist, Basil Mkalavishvili, was released from prison and now has a
small congregation in the Tbilisi area. According to the GOC
Mkalavishvili is no longer officially connected to the GOC, because he
was excommunicated and de-frocked. However, Mkalavishvili still acts
and dresses like a priest and to his flock probably functions as such.
There were occasional media reports of minor incidents of violence
between ethnic Azeris and ethnic Georgians or Armenians; however,
according to the Ombudsman's Office, the incidents did not appear to be
motivated by religious differences.
In the second half of 2008 the Ombudsman reported attacks and
intolerance against Muslims, the True Orthodox Church, Salvation Army,
Evangelical-Pentecostal Church, and Rerikh Society. Systematic problems
such as the unfulfilled return of church property, registration of the
so-called traditional denominations, unequal legal framework, and
negative media coverage remained unchanged. On October 9, 2008, the
last of a series of damaging attacks occurred on the
Evangelical-Pentecostal prayer house in the town of Vani. The pastor of
the church met with the deputy head of the Vani Ministry of Internal
Affairs, who explained to him that the existence of sects was
unacceptable to the residents of Vani. After the intervention of the
Ombudsman's Office, criminal proceedings were instigated against the
police chief. In the village of Plate of the Adigeni District
(Samtskhe-Javakheti region) some local members of the GOC congregation
had been tearing down an inactive mosque since 2007 (previously
unreported). They were using the stone to build a church at the Zarzma
monastery. As a result of complaints, the activity was halted by the
end of the reporting period. During the reporting period, Muslims
living in the village of Chale in the Adigeni District reported verbal
incidents of harassment in the streets, schools, and in other
institutions. The former mosque located in the village of Mukhaestate
in the Kobuleti region was occupied by local police, while another
mosque in the town of Kobuleti itself "hosted" a dancing studio. In the
Adigeni District, there were approximately seven mosques built by
Meskhetian Turks that were inactive and were being used by others to
keep their cattle. The Muslim population (composed mostly of migrants
from Ajara) was not able to reclaim those mosques. Meskhetians who
returned to the town of Abastumani also requested return of their
mosque. The Muslim community of Ajara has been barred from registration
in the territory of the Ajaran Autonomous Republic. Only one Muslim
organization of Ajara managed to obtain legal registration by coming to
Tbilisi to do so after being refused by local officials. There were
some complaints in connection with the process of postponement of
mandatory military service. An Adventist did not address the relevant
agency in a timely manner with a request for substituting mandatory
military service with alternative service. As a result, he was serving
in the mandatory military service in the Penitentiary Department. On
the recommendation of the Ombudsman's Office, the issue was being
reviewed. The Adventist was relieved from his duty on Saturdays because
of his religious beliefs. On September 23, 2008, as a result of the
involvement of the Ombudsman's Office, the right of a pastor from the
Jehovah's Witnesses to defer military service was granted until 2012.
On February 19, 2008, he had been summoned to the Tbilisi Vake-Saburtalo military district for conscription into military
service. His request to postpone military service was rejected based on
the "explanation" that the Government does not recognize Jehovah's
Witnesses as a religion. No disciplinary action was taken against the
official who initially denied his application. In a second incident, in
November 2008 the Administrative Court of Tbilisi ruled in favor of a
member of Jehovah's Witnesses who was appointed as a ministerial
servant of his congregation while he was serving his alternative
military service. According to the "Law on Alternative Service
"(article 17.3), the member of Jehovah's Witnesses claimed that he
should be released from service without delay because he had become a
religious minister. The Department of Alternative Service and the
Ministry of Public Health and Social Matters both had denied the
request before it went to the Administrative Court. The Department of
Alternative Service complied with the order to free him from
alternative service. Since the country's independence 18 years ago, the
AAC has claimed ownership of 6 inactive churches. The disputed churches
are owned by the state. The government position is that the issues
should be resolved with the consensus of the Government, the AAC, and
the GOC.
In February 2009 the Ombudsman's Office confirmed that the doors of the
Word of Life Church in Tbilisi were fired upon. Police were called, and
a criminal case formally initiated. However, the Ombudsman believed
that the comment made by the police officer, that this act was
committed by some "disgruntled members of the church congregation," was
not appropriate and expressed doubt that the case would be properly
investigated.
Section IV. U.S. Government Policy
The U.S. Government discusses religious freedom with the Government as
part of its overall policy to promote human rights. U.S. embassy
officials, including the Ambassador, frequently met with
representatives of Parliament, various religious groups, and NGOs
concerned with religious freedom.
The Embassy funded several projects to foster religious tolerance,
including research grants, visitor program presentations, and speaker
program sponsorships. In July 2006 the U.S. Government began funding a
four-year, $2.7 million project to promote an increased sense of
national unity among citizens through support to the Government in
forming its national integration strategy and action plan, designed to
empower citizens and organizations to effectively discuss, debate, and
resolve a range of matters related to building a cohesive multiethnic
and multifaith nation. While inclusion of ethnic minorities is the
focus of this activity, promoting interfaith tolerance is an important
component of the work. The project provides technical assistance,
diversity training, and small grants to local NGOs, and also supports a
weekly talk/variety show on public television dedicated to integration
and tolerance issues, on which prominent religious leaders have been
featured.
International Religious Freedom Report 2009
October 26, 2009
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