On February 2, the Azerbaijani-language regional media organization working in Kvemo Kartli, interpress.ge, reported that according to Marneuli resident Malik Aghaev, ethnic Azeri staff at the Marneuli Public Service Hall did not speak to the locals in the language they understand. According to him, public officials use Russian to communicate with citizens who do not speak Georgian. According to Agayev, he was told by an ethnic Azerbaijani employee at the Public Service Hall, that they were not allowed to speak Azerbaijani in a work setting.

It should be noted that this is not an isolated incident and such practices are a systemic problem of central and local authorities. In both Kvemo Kartli and Samtskhe-Javakheti, during meetings with the local community, we have heard, on many occasions, that the Public Service Hall does not serve the citizens in a language they understand. It should be highlighted that a similar practice exists in Javakheti. According to Jnews.ge, the residents of Akhalkalaki do not have the right to speak in Armenian with the ethnic Armenian staff of the Public Service Hall, which often leads to disagreements and misunderstandings between the residents and the staff of the Public Service Hall.

The Social Justice Center has been working for years on the issue of the provision of services in a minority language by the state. We are trying to raise this issue before both central and local self-government bodies. To this end, our organization defends the interests of the locals in the court against the local self-government of Marneuli Municipality, so that the self-governing bodies use language understandable to the minorities in the process of communication with their citizens. It should be noted that in one of the similar cases, in response to our address to the Service Development Agency of the Ministry of Justice of Georgia, the agency informed us that there is no translation service for customers (including in Azerbaijani language) in the Agency's territorial offices and community centers (letter # 01/207762, 15.07.2019).

In our assessment, the practice of completely excluding minority languages ​​from the process of administrative proceedings and the provision of services is problematic and exclusory with regard to ethnic minorities. While the state fails to provide state language instruction for minorities and there are significant systemic shortcomings in Georgian language teaching, the state is obliged to translate all public services and programs into a language they understand. This approach derives from the European Framework Convention for the Protection of National Minorities, as well as from the legislation of Georgia.

According to Article 10 of the European Framework Convention for the Protection of National Minorities (in force for Georgia since 2006), In areas inhabited by persons belonging to national minorities traditionally or in substantial numbers, state administrative bodies should ensure, as far as possible, the use of the minority language in relations between those persons and the administrative authorities. This regulation serves to strengthen the participation of ethnic minorities in the social, political, civic, and cultural life of the society and at the same time does not exclude them from these spaces and allows equal enjoyment of social, civil, political, and economic rights. It should be noted that this obligation for the Member States under the European Framework Convention does not in any way limit the status of a state language, but rather serves the right of ethnic minorities to integrate and participate in public life.

In accordance with the Organic Law of Georgia on the State Language, the State of Georgia protects and strengthens the tradition established during the centuries of coexistence and harmonious development of languages ​​and cultures in the country. And considers it impermissible to show disrespect to any language, to violate the linguistic rights of Georgian citizens. According to Articles 9 and 11 of the same law, in the municipalities where the representatives of the national minority live compactly, the state and municipal bodies are authorized to establish a rule different from that provided by the General Administrative Code of Georgia. In addition, the state shall ensure that a person belonging to a national minority communicates with state and municipal authorities with the assistance of an interpreter in the language of that national minority. If necessary, the state body shall ensure that the application or complaint by a person belonging to a national minority is translated in that minority language when submitted to the municipal body.

Thus, the established rule of proceedings in state language does not allow state bodies to unconditionally reject the linguistic needs of ethnic minorities. A balance must be struck in the process of governance that ensures the fair treatment of minorities and prevents the abuse of a dominant position. Any person exercising public authority, especially the Public Service Development Agency and the Public Service Hall, which provides essential services to the citizen on a daily basis, has an increased responsibility not to promote unequal treatment and discriminatory precedents in the course of these activities.

The right to use the services of an interpreter is an important civil right for a person who does not know/does not know well enough the Georgian language, which largely determines the proper realization of other procedural or substantive rights, access to administrative proceedings. It should be noted that the right to use an interpreter includes the assistance of an interpreter during verbal communication, as well as the preparation of written documentation and the provision of the same services.

The vicious practice of the Agency, which refuses to provide services to ethnic minorities in the state language due to language barriers, is contrary to the current legislation, the principles of law, democracy, and pluralism. At the same time, it harms the individual and legal interests of those wishing to receive services and puts them in an unequal position as compared to the ethnic Georgian population, which in turn deepens the isolation and exclusion of the community.

Given all the above, the Social Justice Center calls on the Service Development Agency of the Ministry of Justice of Georgia, other regional offices, and municipalities to create translation resources for citizens of non-dominant ethnic groups to ensure that their special needs and context are not ignored, putting them in an unequal position and having their rights violated.

We would also like to note that the Social Justice Center will represent and protect Malik Aghayev's lawful interests.

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