Two Sides of the New Bill

Tamta Tvalavadze

Last week, Parliament of Georgia started discussion of the new draft-law. It aims to add a special article to the Administrative Code, according to which a person will be fined for public insulting of religious affiliations of a person. The bill was largely criticized by nongovernmental organizations and MIA, its initiator, withdrew it back. MPs from the majority hope the shortcomings will be removed from the bill for the next hearing.

The bill has a form of legislative initiative, according to it public display of hatred  and/or other degrading treatment of sacred objects, religious organizations, clergymen or worshipers, public display of religious animosity and hatred and/or publically calling upon such actions that is directed towards insulting religious sentiments of worshippers, inflicting damage to religious buildings or sacred objects the draft law prohibits a very wide range of activities associated with religion will be punished with fine of 300-500 lari, but if the same action is repeated within one year period the person will be fined with 1000-1500 lari or sent to 15-day administrative imprisonment.

Nongovernmental organizations and Public Defender negatively evaluated the bill. Ombudsman thinks the law will be used for the protection of the majority’s rights and will seriously undermine the freedom of expression. 

13 nongovernmental organizations spread the following statement regarding the bill: civil society organizations disapprove of the legal draft submitted to the parliament that imposes administrative liability for hurting religious sentiments. We believe that the bill falls short of Constitutional and international human rights standards, and is essentially harmful to freedom of expression, and the development of pluralistic, liberal and democratic society in the country. Placement of such restrictions is especially unacceptable in view of challenges of secularism that require rationalization of public debates and processes related to authority and religion. The bill is in direct conflict with the standards established by the ECHR and the Georgian Constitutional Court by placing restrictions on freedom of expression,” the statement was signed by the Article 42 of the Constitution, Human Rights Education and Monitoring Center, Transparency International – Georgia and ten more organizations.  

Public Defender also speaks about unconstitutionality of the bill and risks of restricted freedom of expression. On November 6, Ombudsman spread statement: “A draft law on Changes to the Georgian Code of Administrative Offences that concerns adding article 1691 to the code has been submitted to the Parliament of Georgia. The given article will declare interference with the freedom of belief and religion as administrative offence. The Public Defender of Georgia regards that this type of provision contradicts freedom of expression both through context and formulation. It also contradicts the principle of predictability of law, which is an essential component of a rule-of-law based state and as a result of all of these, especially threatens democratic development, as it jeopardizes the opportunity for large scale public debates.”

The bill has supporters too. Deputy Minister of Interior Levan Izoria presented the draft-amendments to the representatives of different religious confessions. Representatives of Orthodox, Lutheran, Armenian Churches and Muslim Congregation agree with the proposed amendments and think they are democratic.

Before the second hearing of the bill, initiators and parliamentary committee shall estimate its incompliance with the Criminal Law and international acts. Unless the bill initiators amend the bill and parliament adopts its current version, NGOs intend to appeal to the Constitutional Court.