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ETHNIC MINORITIES / Statement

The legal status of ethnic minorities

In 2019 there have been no significant positive changes in terms of the protection and integration of ethnic minorities. Routine activities planned by the state in terms of integration policy do not substantially address the real political and social challenges faced by the ethnic minorities, and with low, "imaginary" political participation of the minorities, it becomes increasingly difficult to properly articulate the needs, concerns and interests of the disadvantaged groups.

State policies towards ethnic minorities, instead of the principles of protection, equality and inclusion, are largely based on problematic perspectives such as security, geopolitization and cultural dominance. State policy fails to see the deep and structural inequality that exists in relation to ethnic minority groups due to historical ignorance and practices of domination. Under these approaches, however, the state does not have special positive policies (including special mechanisms for enhancing political participation, employment promotion policies, proactive approaches to social protection) that would create systemic and institutional opportunities to combat the said challenges.

Problematic and discriminatory statements against ethnic minorities by senior officials were again heard this year. The statement of the Chairman of the Parliamentary Committee on Education, Science and Culture, which linked the Azerbaijani community of Georgia to the neighboring country, was noteworthy. Another symptomatic case was reported in Parliament this year when a member of the Parliament reprimanded the Sheikh of the Supreme Religious Administration of Georgia's All Muslims of Georgia for not speaking Georgian and indicated that if he is a Georgian citizen, he should speak Georgian.

The EMC's active work in Kvemo Kartli region shows that Georgian language domination policies have severe social consequences for the local Azerbaijani community. Enhancement of the state language teaching policy is essential, though for years local self-government and territorial authorities have not provided the resources for translating materials into Azerbaijani, which has led to exclusion of the majority of the local community from local politics. A recent study by the Institute for Social Studies and Analysis (ISSA) shows that almost 70% of people in minority-populated regions have never addressed the local municipalities with either collective or individual needs. Political participation of women in the region is an even more serious problem.

In the villages of Kvemo Kartli, access to vital resources (land, drinking and irrigation water) and basic social programs remains a problem, which clearly increases the social vulnerability of ethnic minorities.

The lack of pre-school education infrastructure is problematic in these regions. The quality of education in public schools, in the regions densely populated with minorities, is dramatically low and unequal, which deprives these groups of appropriate development opportunities. Until now, the Ministry of Education has not developed a specific vision and policy that would specifically address the general education challenges for the ethnic minorities.

The employment rate of young people educated with the support of the 1 + 4 program is also low and it is unfortunate that the state has no special employment support policy for this group (beyond the state internship program).

Evident practices of state culture domination in ethnic minority areas are noteworthy, which are clearly visible in the local cultural policy, including through the “rewriting” of local celebrations and weak representation of minority cultures.

Significant social implications of the 1 + 4 program should be highlighted, including the creation of a unique resource of young, well-educated activists in the region who create interesting experiences of political self-determination and organization.

2019 was particularly difficult for Pankisi Gorge. On April 21, the Ministry of Internal Affairs planned a large-scale policing event to ensure the construction of the HPP in the Pankisi Gorge, while the political negotiations on the HPPs had not yet been completed. It is noteworthy that throughout the year the police and the SSSG, through threatening the local leaders and activists and summoning them to the police departments, actively sought to weaken the protest against the construction of the HPP cascade. Deputy Minister of Internal Affairs was involved in the ongoing negotiations on HPPs, completely unlawfully. After the April events, the construction of the HPP was temporarily suspended, but the state did not set up a democratic consultation process to assess the construction of the HPP cascade and its social and environmental impact.

Throughout this period, the active intervention of the police and the SSSG in the issues surrounding the construction of SSSGs and the strategy of creating and encouraging internal interest groups in the process, increased the risks of internal conflict in the community, which, according to locals, ended in armed conflict (with heavy casualty) between the local groups on November 27.

The ongoing investigation into Temirlan Machalikashvili's death this year has not yet yielded any significant results. The Machalikashvili family still does not have the status of the victim's successor and access to a substantial part of the case file. Interrogation of senior officials, including the head and deputy head of the SSSG, in August, showed that the investigation was in fact formal. This year, the EMC filed a complaint at the European Court of Human Rights, the case has been communicated to the Georgian government already. Another manifestation of injustice towards the Machalikashvili family was the arbitrary detention of their family member, Maurice (Hussein) Machalikashvili, during the events in front of the Parliament, on June 21, who is still in detention.

The case of Machalikashvili’s deprivation of life, as well as the large-scale policing operation on the HPPs, are examples of a demonstration of power that historically characterizes the policies of various governments in the Pankisi Gorge. Repressive special operations in the valley create insecurity, fear and alienation among the locals. However, these severe cases of punishment and repression are accompanied by the complete inaction by the government and / or rhetoric of unjustified legitimacy and normalization of the use of force (in this respect, the current Interior Minister's statement that he would have used more force against the opposition of the construction of the HPPs, is symptomatic). State seeks neither legal nor political mechanisms to promote social security and confidence building in the local community.

In the Gorge, there is a growing tendency of migration of the locals, which has to do with the crisis and hopelessness in the Gorge in recent years.

In the wake of the crisis in the Pankisi Gorge, the authorities have not taken appropriate steps to tackle the existing social frustration and distrust. Despite number of recommendations on reverting to policies based on equality and sustainable development, instead of repressive and control-oriented approach, the government lacks the political will and resources to pursue such policies. The draft project on the Pankisi Gorge Development Plan, developed by the Office of the State Minister for Reconciliation and Civic Equality, is more like a compilation of the routine work of different agencies, rather than a vision based on a real social change and positive development.

In recent years, the local activists have been trying to change the management policy structure, by using various privileged groups in the community, to make it more democratic, participatory and open. However, as the government does not change its approach to the Gorge and still operates under an undemocratic security and control mechanisms, social change for local activists becomes difficult to achieve and the belief in change is weakened.

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