Research objectives and methodology

In recent years, discussions concerning the adoption of a special law on religion and religious organizations have been activated in public and political fields. Since 2014, this initiative is openly supported by the State Agency on Religious Affairs (hereinafter “SARI) which operates under the Prime Minister apparatus. This issue was also actively discussed by the Human Rights and Civic Integration Committee of the Parliament in 2018-2019 within the working group on the issues of religious freedom.

It should be mentioned that, the adoption of the special law on religion is part of the political agenda since the 90s and was subject to political discussions in various periods. In all cases, initiatives for the adoption of such law was taken by the lobbyists of dominant religious organization and conservative groups and revealed interests of hierarchizing and controlling of religious organizations. However, as adoption of special law creates high risks of interference in religious freedom, of hierarchizing religious organizations and discrimination of small religious groups, initiatives were always followed by the strong criticism from civil and religious organizations. It is noteworthy, that none of the authoritative international organizations which have a mandate of monitoring and protection of religious freedom in member states, recommended the adoption of such law.

The below document studies international practice related to the laws on religious organizations in light of the international standards of freedom of religion. The given chapter of the report reviews and analysis special laws on freedom of religion and religious organizations in Europe and Post-Soviet states and examines them within the international standards of freedom of religion. The assessment of such laws in Western Europe reveals that they are old and respective state practice establishes higher standards of protection and outdated approaches established in the Laws are not adhered to. The analysis further exposes the unreasonable nature of the special law initiatives in the legal, political, and historical context of Georgia.

The given document is depended on the research of states' practice and international standards, on the assessments of relevant international and analytical organizations on freedom of religion, as well as on written opinions of various experts and theologists.

Share