RUSSIAN AND ARMENIAN VERSION ATTACHED
Contact Europe: <mailto:contact@yerkir.eu> contact@yerkir.eu
Contact Armenia: Robert Tatoyan
Mobile: +(374 94) 36 17 93
E-mail: <mailto:rob@yerkir.org> rob@yerkir.org
Press Release
November 30, 2009
The European Union shuts eyes to the discriminatory policy of the Georgian
authorities towards the ethnic minorities
Open letter to Peter Semneby, EU Special Representative to the South
Caucasus countries, from the "Yerkir" Union of NGOs for Repatriation and
Settlement
Dear Mr. Semneby,
In the interview published in the Russian daily newspaper "Vremya Novostey"
on November 2, 2009 you, among other issues, touched upon the problems of
ethnic minorities of Georgia and, in that context, the problems of the
Javakheti Armenians, making the following observation: "The issues of
national minorities in Georgia are important. We must pay more attention to
them, than we – on our part, and the Georgian authorities – on theirs used
to. This is a difficult issue. … The problems there are largely social;
those are problems of economic development."
The very fact of your statement can be considered as positive, even if it is
only viewed from the standpoint of public recognition of the existing
problem by such a high-ranking official of the European Union. However, to
what extent does it reflect the real situation, reducing the problems of
Javakheti Armenians to only their socio-economic component?
Of course, the socio-economic component is present in the complex of the
problems of the Javakheti Armenians, but it does not occupy the central and
decisive position. The Armenian population of Georgia, and the part,
compactly inhabiting the south-western regions of the country in particular,
suffers from violation of their political, civil, cultural, educational and
religious rights, the rights that are guaranteed by numerous international
obligations undertaken by Georgia and aimed at protection of ethnic
minorities.
The main problems facing the Georgian and the Javakheti Armenians can be
summed up as follows:
– The Armenian population is disproportionately represented in the
administrative and governing bodies of the regions of their compact
residence;
– The Georgian authorities impose mandatory legislative and administrative
measures to compel the minorities in the places of their compact residence
to use exclusively the Georgian language in all spheres of public life,
although the vast majority of the Javakheti Armenians by objective
circumstances do not speak the language of the titular nation;
– The Armenian Apostolic Church in Georgia has no legal status, and the
Georgian authorities refuse to return to it the Armenian temples,
confiscated during the Soviet era.
– The very fact that you avoided mentioning in your interview the existence
of these issues, which are far from being only socio-economic, becomes even
more bizarre, considering the fact that numerous reputable international
organizations have addressed the issue of discriminatory policy implemented
by the Georgian authorities towards the ethnic minorities in Georgia.
Thus, for example, the UN Human Rights Committee in its recommendations
adopted on October 16, 2007, proposes that the Georgian authorities take
steps to ensure freedom and equality of religion. The Committee recommends
that the Georgian authorities solve the problem of restitution of the
property, confiscated during the Soviet era to the religious minorities. The
Committee, expressing concern about the low level of political
representation of minorities, suggests that the Georgian authorities
implement measures to eliminate discrimination on the basis of language. To
this end, the Committee proposes to consider the possibility of allowing
minorities to use their own language at the level of local government and
administration and to take all appropriate measures to ensure adequate
political representation and political participation of ethnic minorities.
Serious shortcomings regarding the compliance of Georgia with the European
Framework Convention for the Protection of National Minorities were
reflected in the report submitted in spring 2009 by the Advisory Committee
of the Council of Europe. The Advisory Committee recommends that the
Georgian authorities make sure that the policy of promoting the Georgian
language is not detrimental to the right of using the minority languages,
mentioning that this requires more resolute measures reflected both in law
and in practice. The experts of the Council of Europe, noting that national
minorities are underrepresented in the country’s political, cultural, social
and economic life, recommend that the Georgian authorities take vigorous
measures to remove legislative and practical obstacles the national
minorities come across, so that they can participate in the elected bodies
and in the executive, and work in the public service.
In addition to the above, authoritative international organizations in
2005-2009, the Public Defender of Georgia, a number of Western countries and
international organizations in their respective reports and statements
touched upon the various manifestations of the policy of violation of the
rights of the Armenian minority of Georgia, expressing their concern about
these facts.
The President of Armenia Serzh Sargsyan in his speech on September 1, 2009
also addressed the issues of concern of the Georgian and Javakheti Armenians
stating in particular that the logic of the policy towards Javakhk should
rest on the premise of "integration without assimilation", and that the
recognition of the Armenian as a regional language, the registration of the
Armenian Apostolic Church, the steps undertaken to protect the Armenian
monuments in Georgia will only strengthen the Armenian-Georgian friendship
and enhance the atmosphere of mutual trust and understanding.
However, the Georgian authorities ignore the recommendations of the
international community and continue implementing a discriminatory policy
towards the Javakheti Armenians. Moreover, in recent years this policy has
achieved the level of repressions against the Javakheti political activists
through law enforcement agencies and judicial authorities. During the period
of 2007-2009 as a result of direct and indirect pressure from the power
structures of Georgia dozens of political activists emigrated from
Javakheti, many were tried for fabricated criminal charges, some of them
"bought" their freedom at the cost of admission of guilt in their alleged
"crimes", others were tried in absentia and sentenced to various prison
terms.
On July 21, 2008 the Georgian Special Forces stormed the house and the
office of the prominent Javakheti political activist Vahagn Chakhalyan,
"found" weapons there and on this basis immediately arrested him as well as
his father and his under-age brother. Later on Vahagn Chakhalyan was charged
with "organizing and active participation in activities that disrupt public
order" and "hooliganism"- charges solely based on his political activities
in 2005-2006, when the Armenian population through demonstrations and
protests put forth their legitimate claims to honor their linguistic and
educational, socio-cultural and religious rights.
On April 7, 2009, as a result of proceedings accompanied by flagrant
violations, the Javakheti political activist was sentenced to 10 years’
imprisonment in the Court of First Instance. On October 30, 2009 the Court
of Appeals upheld the verdict intact.
This retaliatory act by the Georgian authorities against Vahagn Chakhalyan
has caused wide public resonance in Armenia and in the Diaspora. A number of
Armenian non-governmental organizations, international human rights
institutions, European parliamentarians have adopted statements and taken
other steps aimed at protection of the rights of the Javakheti Armenian
activist. On April 14, 2009 the Coordination Council of Armenian
Organizations of France held a protest demonstration before the Georgian
Embassy in Paris against this unjust sentence; two days after this action
Vahagn Chakhalyan was severely beaten in prison.
Meanwhile, Georgia is a member of the "The European Neighborhood Policy" and
"Eastern Partnership" EU programs and through them the country receives
substantial financial assistance. At the same time Georgia openly violates
the basic human rights and the rights of ethnic minorities. Under the
circumstances, by ignoring the existing problems the EU actually authorizes
the Georgian authorities to continue their discriminatory policy towards
their ethnic minorities, authorizes new manifestations of police repressions
in the Armenian-populated areas, and authorizes new irresponsible acts that
deepen day by day the mood of fear, frustration and alienation in the
Armenian-populated regions of Georgia. Thus, the European Union
involuntarily assumes the role of an accomplice of the Georgian authorities,
sharing the responsibility for a possible aggravation of the situation.
Dear Mr. Semneby,
Based on abovementioned facts, we call upon You to take more decisive and
effective stance in this issue in order to "explain" to the Georgian
authorities that the communication with the Armenian citizens of their
country from the position of rude force, police repression and deprivation
of rights leads to a deadlock, and only through recognition, effective
protection and enjoyment of fundamental rights and freedoms of individuals
and minorities, as well as the actual planting of democratic procedures is
it possible to create stable guarantees for the development of the country.
We firmly believe, that only by exercising principled position with respect
to these issues is it possible to help the Georgian authorities in creating
a functioning democratic system, which will be the real guarantee of
stability for the country and the entire South Caucasus region as a whole.
Yerkir Union