2020 country reports on human rights practices
The office may not report allegations of torture unless the victim gives clear consent or a monitor from the office witnessed the torture. Several claims came from prisons. As of December 31, the EU Monitoring Mission (EUMM) was aware of eight individuals detained along the administrative boundary line with Abkhazia and 56 detained along the administrative boundary line with South Ossetia. The trial for the 2008 death of Badri Patarkatsishvili continued as of August. Any reports of the unlawful use of child soldiers by either government forces or by other organized armed groups are discussed in this subsection. It does not specifically prohibit discrimination based on HIV or other communicable disease status or social origin. The public defender’s 2018 report noted improvement in the observance of this right: families were notified within three hours of arrest in 82 percent of cases examined in 2018, compared with 71 percent of cases in 2017. In September parliament adopted amendments to the labor code to protect labor and employee rights and a new law on labor inspection that defines basic principles, authority, and power of inspection and the rights and obligations of the Labor Inspection Service. The constitution and law prohibit arbitrary arrest and detention and provide for the right of any person to challenge the lawfulness of his or her arrest or detention in court. 19 U.S.C. Administration: The Human Rights Ombudsman's Office and the Prosecutor General's Office may investigate complaints from detainees and the public. NGOs reported one of the levers court chairs used to influence the outcomes of cases was creating narrowly specialized chambers in larger courts to manipulate the randomized case assignment process. In her April report, the public defender noted that after Mukhtarli’s release from prison, he attributed his abduction to an agreement between senior Azerbaijani and Georgian government officials. The minimum wage for both state- and private-sector employees was below the official subsistence income level. The lack of coordination among law enforcement agencies, social services, and establishments of secondary education concerning early marriage and engagement also remained a problem. The law permits the ministry’s inspection department to make unannounced visits to businesses suspected of employing forced labor or human trafficking. CIA - Chiefs of State and Cabinet Members of Foreign Governments State Department Country Reports on Human Rights Practices - Elections and Political Participation - 2020 (PDF),2019 (PDF), 2018 (PDF), 2017 (PDF), 2016 (PDF), 2015 (PDF), 2014 (PDF), 2013 (PDF), 2012 (PDF), 2011 (PDF) The State Security Service of Georgia reported detentions by de facto authorities typically lasted two to three days until the detainee paid “fines” set by the de facto “court,” although some sentences for “violations of the state border” carried considerably longer terms. The board had given other schools a deadline for resolving deficiencies rather than issuing an immediate revocation of authorization. On July 9, for example, the public defender stated that multiple criminal cases against owners of independent television companies raised questions about “attempts to persecute independent and critical media in the country.” On August 4, nine NGOs questioned the legality of the July 30 Tbilisi City Court criminal conviction of Giorgi Rurua, a shareholder of Mtavari Arkhi, and four-year prison sentence on charges related to the illegal purchase, storage, and carrying of firearms and ammunition. In October, according to the Georgian Public Broadcaster website, a “cyberattack” caused it to stop broadcasting in the early evening on election day. Found insideThe best country-by-country assessment of human rights. The human rights records of more than ninety countries and territories are put into perspective in Human Rights Watch's signature yearly report. In the first of the last two cases: one individual was involved in exploitative relationships with 17 adults and the rape of a child; two individuals were involved in rape of two unknown victims, and 15 were in exploitative relationships with 17 adults. The trial of Detective Investigator Konstantine Kochishvili for allegedly physically assaulting a minor by spitting in his face and beating him in February 2019 continued as of December. The Ombudsman's Office may make recommendations on behalf of . The High Council had not used open competition to fill trial court and Court of Appeals vacancies since 2018. The Tbilisi City Court found four persons in violation of the administrative law; three were verbally warned, and one received a fine of 500 lari ($150). Education: Children of noncitizens often lacked documentation to enroll in school. On February 2, Natia Zoidze, deputy director of the Georgian Public Broadcaster, resigned as a result of what Reporters without Borders termed “political pressure.” Approximately one-third of the station’s employees (100) founded an alternative trade union to protect their rights. In 2019 the Public Defender’s Office reported that in spite of efforts by municipalities, availability of preschool care and education remained problems. Labor laws do not cover workers performing work outside of “organized labor conditions,” as most informal employment arrangements do not include employment contracts and thus many informal workers were not protected by the law. Freedom in the World, the Freedom House flagship survey whose findings have been published annually since 1972, is the standard-setting comparative assessment of global political rights and civil liberties. The president is the head of state and commander in chief. The Public Defender’s Office and local NGOs issued reports describing unsubstantiated detentions of demonstrators in connection with the June 2019 protests (see section 2.b.). Since 2012 the government made it a priority to reduce the national caseload in the docket of the ECHR. The Shanidzes were convicted of embezzlement in 2011 after Barabadze testified against them. Although eliminating corruption is difficult, this book's careful prescriptions can reduce and contain threats to global security. Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law. The trial court acquitted him in 2018, but the appellate court convicted him on the less serious charge of abuse of power following an appeal. On November 4, a total of 26 domestic NGOs issued a statement describing the conduct of the October 31 elections as the worst held under Georgian Dream. As of November 30, the office had received 12 claims of discrimination based on nationality or ethnic origin. For example, in June the public defender found evidence of sexual harassment committed by a doctor against a woman in quarantine. The backlogs worsened during the year due to the COVID-19 pandemic. The assessment was piloted in penitentiary establishments and probation bureaus and was fully implemented in prisons 5, 11, and 16 by mid-December. While it is generally accepted for strikes to be restricted in the public sector and in essential services, the interruption of which would endanger the life, personal safety, or health of a significant portion of the population, these restrictions need to be offset by adequate safeguards for the interests of the workers concerned (for example, mechanisms for mediation and arbitration, due process, and the right to judicial review of legal actions). Freedom of Movement: Discusses whether and under what circumstances governments exiled citizens; restricted internal and foreign travel, including for women or members of minority populations; and revoked passports. In November 2019 authorities charged four former officials of the department–Gia Dgebuadze, David Kokiashvili, Ilia Gamgebeli, and Levan Kargadava–with abuse of power and illegal detention for allegedly arranging the arrest of Jemal Shamatava, an Ureki police chief, after Shamatava warned Patarkatsishvili of a potential attack in 2006. Machalikashvili’s father, Malkhaz, alleged the killing was unjustified. Local and international NGOs also reported government officials monitored independent Azerbaijani journalists and activists residing in the country. This subsection also includes reports concerning any restriction on medical facilities or services in a situation of significant internal conflict. On March 22, Human Rights Watch issued a report documenting alleged abuses, including torture, by security forces against 20 minors as young as 12 while under arrest between 2014 and 2019. The language of instruction for students in first through fourth grades in Lower Gali was Russian. NGOs and court observers reported the judiciary failed to use alternative measures adequately. The subsection Protection of Refugees covers abuse and discrimination against refugees and asylum seekers. De facto authorities in the occupied territories did not grant representatives of the Public Defender’s Office access. In Section 2.f, paragraph 10, replaced “mid-October with “September” and added “Additional guidance was released in November” to correct the month in which the PTA was suspended and note that additional guidance was issued. Participation of Women and Members of Minority Groups: No laws limit the participation of women and members of minority groups in the political process, and they did participate. Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, color, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Inspectors did not have the ability to inspect workplaces or levy fines or other penalties on employers for overtime or wage violations. According to NGOs, however, the government rarely enforced the law. The public defender emphasized the problem in several reports, highlighting the impact of early marriage, child poverty, and child labor on the ability of children to access education. For example, there were widespread reports that the government monitored the political opposition. Also covered are reports of attacks on health-care facilities, workers, ambulances, or patients. 2020 Human Rights Reports. The Public Defender’s Office reported persons with disabilities employed in the public sector, unlike those in the private sector, cannot receive social benefits (with the exception of those with severe disabilities or visual impairments). On May 5, Facebook removed a network of pages, groups, and accounts linked to news agency Espersona, a media organization owned by a former Georgian Dream public relations consultant, claiming these were “fake news” pages. The public defender reported violence against lesbian, gay, bisexual, transgender, and intersex (LGBTI) individuals, whether in the family or in public spaces, was a serious problem to which the government had not appropriately responded. Other journalists who had worked at Rustavi 2 joined Formula TV, launched in August 2019, or TV Pirveli. By December 2019 the overall recognition rate increased to 16 percent, compared with 14.5 percent in 2018. The Anticorruption Coordination Council included government officials, legal professionals, business representatives, civil society, and international organizations. 2020 Country Reports on Human Rights Practices: Indonesia. Political Prisoners, second paragraph, “Moukaila” changed to “Mounkaila”, Section 1.e., Political Prisoners, third paragraph, “Sadat Illiya Mallam” changed to “Sadat Illiya Dan Malam”, Section 2.a., Violence and Harassment, second paragraph, “Godi” changed to “Goni”, Section 4, Corruption, last sentence, “World Justice Program” changed to “World Justice Project”. In criminal proceedings defendants and their attorneys have the right of access to prosecution evidence relevant to their cases no later than five days before the pretrial hearing and may make copies. These topics were included in previous Country Reports on Human Rights Practices, and they will be included again in future years. In its 2018 visit to three psychiatric hospitals, the CPT found many patients lived in “woefully dilapidated and sometimes overcrowded dormitories, which lacked privacy and failed to ensure patients’ dignity.” The CPT also reported a shortage of psychiatrists and ward-based staff. According to a multiple indicator cluster survey conducted in 2018 by the national statistics office GEOstat and the National Center for Disease Control and Public Health with UNICEF support, total enrollment of preschool children between the ages three and five was 81.8 percent. This handbook brings together the work of 25 leading human rights scholars from all over the world, covering a broad range of human rights topics. Teachers in small family-type homes as well as foster parents lacked the knowledge and skills to handle children with behavioral problems or children victims of violence. Upon arrest a detainee must be advised of his or her legal rights. According to the Prosecutor General’s Office, the investigation was terminated due to the absence of a crime. The subsection’s focus is on coercive government action, and therefore does not cover instances in which family members or partners may pressure someone to have an abortion. The ICRC office in Tskhinvali was the only international organization represented in South Ossetia. The OSCE deployed a limited number of observers for the October 31 elections due to the COVID-19 pandemic. The COVID-19 pandemic aggravated the situation, putting employees in precarious positions due to their social insecurity and inability to demand adequate working conditions. As of December, Rustavi 2’s reporting critical of the government had softened, particularly in the pre-election period. The UN special rapporteur on the situation of human rights defenders calls Honduras one of the most dangerous countries in Latin America for human rights defenders. Some judges and court users opposed any form of video conferencing in court proceedings. On November 30, the Tbilisi City Court upheld the pretrial detention sentence, which the defendants’ attorneys said they would appeal. Due to their homelessness and lack of sanitation, street children had a higher risk of COVID-19 infection. Some minorities asserted the law requiring “adequate command of the official language” to work as a civil servant excluded them from participating in government. This section also examines if governments have in place laws, regulations, or practices that enable them to use technology to monitor individuals arbitrarily or unlawfully and whether any “national security” laws are used by governments to conduct arbitrary or unlawful surveillance. The lack of identification hindered the access of asylum seekers to all the rights provided by law, leaving them vulnerable to deportation or refoulement. Arbitrary Arrest: Reports of arbitrary detentions continued. Everyone, as a member of society, has the right to social security and is entitled to realization, through national effort and international cooperation and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality. Penalties were not commensurate with those under other laws involving the denial of other civil rights. Political Parties and Political Participation: Reports of political violence continued. The summary does not include many other common issues, such as overcrowding in prisons and societal discrimination, but these matters continue to be covered in the body of the reports. In addition, if there is a high risk of recurrence of violence, a system of electronic surveillance allows the Ministry of Internal Affairs permanently to monitor abusers 24 hours a day. “Acceptable conditions of work” refers to the establishment and maintenance of appropriate mechanisms, adapted to national conditions, that provide for minimum working standards, namely: wages that provide a decent living for workers and their families; working hours that do not exceed 48 hours per week, with a full 24-hour day of rest and provisions for overtime pay; a specified number of annual paid leave days; and minimum conditions for the protection of the safety and health of workers. The U.S. Department of State released the 2020 Country Reports on Human Rights Practices on Tuesday, March 30, during a press briefing led by Secretary of State Antony J. Blinken, reported the Armenian Assembly of America (Assembly).. Human rights violations against Armenians were outlined in the reports, particularly in relation to the Nagorno-Karabakh (Artsakh) war launched by Azerbaijan . Ethnic Georgians living in Russian-occupied Abkhazia lacked fundamental rights and confronted onerous registration requirements that threatened their continued status. The Ministry of Internal Affairs may grant temporary stay permits to individuals who meet the criteria for refugee status or humanitarian protection but who were rejected on national security grounds. The government took steps to investigate some officials for human rights abuses, but impunity remained a problem, including a lack of accountability for the inappropriate police force used against journalists and protesters during June 2019 demonstrations and the 2017 abduction and rendition from Georgia of Azerbaijani journalist and activist Afgan Mukhtarli. The response of the state entities in such cases was belated and unproductive, according to the report, potentially because authorities may have been reluctant to enter into conflict with influential locals. The office analyzed gender-based killings (femicides) and concluded they demonstrated an absence of mechanisms to prevent violence against women in the country. NGOs continued to call for an independent anticorruption agency outside the authority of the State Security Service, alleging its officials were abusing its functions. In such cases, the approach of the state changed and response was delayed, leaving the impression that preference was given not to victims’ rights but to abusers’ interests. The ODIHR concluded the amendments fell short of providing for an open, transparent, and merit-based selection system and were not fully in line with international standards. I very much want to thank you, Lisa, and thank the many folks at the . The law allows for trial in absentia in certain cases where the defendant has left the country. De facto authorities dismissed ethnic Georgian teachers in Abkhazia deemed to have insufficient knowledge of Russian. In Section 2a, paragraph 24, corrected the spelling of the NGO Committee to “Protect” Journalists from “Project”. International actors, including the OSCE Group of Friends of Georgia, did not recognize the legitimacy of de facto “elections.”. The section also discusses whether the government grants access to and cooperates with outside entities (including foreign human rights organizations, international organizations, and foreign governments) interested in human rights developments in the country. Found insideDrawing from global evidence, literature, and survey data, this volume provides a framework to elucidate issues and trade-offs in UBI with a view to help inform choices around its appropriateness and feasibility in different contexts. The office also highlighted police failure to warn the protesters as required by law and give them adequate time to leave the area prior to the use of force and special equipment, such as rubber bullets. According to the law, if a trade union or a group of employees initiates negotiations for the conclusion of a collective agreement, employers shall negotiate in good faith. The practice of early marriage and engagement remained a significant challenge. Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits. Many media watchers expressed concern and called upon international watchdog groups to monitor thoroughly developments around the station. The minimum age for consensual sex is 16. Defendants have the right to refuse to testify or incriminate themselves. On November 1, the OSCE/ODIHR election observation mission reported that during the parliamentary election campaign the diverse and pluralistic media were highly polarized, and there was little analytical reporting and policy-based discussion, detracting from the voters’ ability to make a fully informed choice. U.S. law prohibits discrimination in respect to employment on the basis of race, color, religion, sex, national origin, disability, genetic information, or age. Added an “l” to “public-sector” in Section 4, paragraph 2, sentence 1. Some employers interfered with unions. Many families with children with disabilities considered themselves stigmatized and kept their children from public view. National laws should specify whether workers in the informal sector are covered, and whether or not any other group of workers or sectors of the economy are excluded. No one was injured during the incident. Found inside – Page 2148Human rights monitors remained concerned about the effect of this agreement on Uighurs from China living in the country , especially following the April ... In Russian-occupied Abkhazia, the de facto legal system prohibits property claims by ethnic Georgians who left Abkhazia before, during, or after the 1992-93 war, thereby depriving internally displaced persons of their property rights. On September 1, the Code on the Rights of Children, adopted in 2019, entered into force. While there was little official information on the human rights and humanitarian situation in South Ossetia, de facto authorities refused to permit most ethnic Georgians driven out by the 2008 conflict to return to their homes in South Ossetia. In autumn 2019 the EUMM noted a small increase in the number of schoolchildren crossing the administrative boundary line, and there were more reports of barriers to studying in their mother tongue. The pandemic impacted not only individuals’ health, but their abilities to safely enjoy their human rights and fundamental freedoms. Regarding travel documents, residents of Abkhazia who had Georgian citizenship could not use their Georgian passports to cross the Abkhazia administrative boundary line to or from Tbilisi-administered territory. § 2464, 2467 also require that U.S. foreign and trade policy take into account countries’ human rights and worker rights performance and that country reports be submitted to the Congress on an annual basis. Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control. Three law enforcement officials were prosecuted in connection with the June 2019 events. As of year’s end, two new Constitutional Court judges were studying the case file. Georgian NGOs and political opposition contacts described the “cartographers’ case” as politically motivated, highlighting the timing of the investigation in the pretrial period. The UN Trafficking Protocol also addresses forced labor, by requiring state parties to criminalize the recruitment, transport, transfer, receipt, or harboring of a person for the purpose of forced labor or services extracted through coercive or fraudulent means. Some governments used the crisis as a pretext to restrict rights and consolidate authoritarian rule. Although they showed some flexibility for travel for medical care, pension services, religious services, and education, in several instances during the year, de facto authorities hindered access to medical care in Tbilisi-administered territory for residents in the occupied territories. Starting in May and continuing through the summer, there were numerous vandalism attacks and anti-LGBTI demonstrations at the Tbilisi Pride office. As of year’s end, the Anticorruption Agency of the State Security Service of Georgia had detained nine public servants at the local and central levels for taking bribes, including the mayor of Borjomi, Levan Lipartia, and the chair of the city council, Giorgi Gogichaishvli. 2020 Country Reports on Human Rights Practices. The case occurred during the violent conflict between Azerbaijan and Armenia in Nagorno-Karabakh, increasing tension in the country’s already destabilized border region. Because of the backlog, the vast majority of judges failed to comply with statutory terms for case review, which can be subject to judicial discipline. Worker rights are discussed in each country report under the section heading “Worker Rights” in five subsections: freedom of association and the right to collective bargaining; prohibition of forced or compulsory labor; prohibition of worst forms of child labor and minimum age for employment; prohibition of discrimination with respect to employment and occupation; and acceptable conditions of work with respects to minimum wages, hours of work, and occupational safety and health. At the same time, Facebook took down a set of assets connected to the UNM party. The Ministry of Internal Affairs and the State Security Service of Georgia have primary responsibility for law enforcement and the maintenance of public order. MARCH 30, 2021 . The General Assembly proclaims this Universal Declaration of Human Rights as a common standard of achievement for all peoples and all nations, to the end that every individual and every organ of society, keeping this Declaration constantly in mind, shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance, both among the peoples of Member States themselves and among the peoples of territories under their jurisdiction. The Public Defender’s Office’s May report, Situation of Women’s Sexual and Reproductive Health and Rights in Psychiatric and Public Care Institutions, found shortcomings in meeting the reproductive health needs of women with disabilities at state institutions. The Ministry of Internal Affairs reported that in the first half of the year, the Human Rights Protection and Investigation Quality Monitoring Department held a number of meetings and participated in various activities to eliminate child marriage crimes and raise public awareness about the problem as well as provide timely reporting to police. Concerns continued regarding decreased media pluralism and an increase in the concentration of media outlets in favor of the ruling party following the July 2019 ECHR ruling in favor of a former owner of Rustavi 2, Kibar Khalvashi. On July 16, Bishop Giorgi Jamdeliani, Primakov Georgian-Russian Public Center head Dimitri Lordkipanidze, and other nationalist leaders affiliated with Georgian March held a protest rally in Marneuli with the same demands. According to media reports, police injured four journalists and damaged their equipment. Section 2.c. Everyone has the right to freedom of movement and residence within the borders of each state. In her July 9 report to the United Nations in advance of Georgia’s Universal Periodic Review, the public defender described effective investigation into alleged mistreatment as “a systemic problem.” She reported that of 107 requests for investigation her office sent to the Prosecutor’s Office between 2013 and 2019, the responsible person was not identified in any of the cases. Pressure organizations construction sectors remained especially dangerous, with the free and equal in dignity and rights of... 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