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proceedings are concerned, the competent authorities ought to take all necessary steps to
ensure the complete safety of the victims and applicants for civil indemnification so that
they are free to attend the hearings and do not feel threatened. Additional protection
should also be provided for anyone called upon to testify in these proceedings.
111. Regarding the status and future of religious minorities, the Special Rapporteur
wishes to remind the Georgian authorities that they are under a positive obligation under
the relevant international standards, in particular article 18 of the International Covenant
on Civil and Political Rights, to provide religious minorities with a modicum of protection
so that they can manifest their faith in complete freedom and serenity. The ministries
concerned should introduce appropriate arrangements to ensure that all religious
minorities can secure the protection of the forces of law and order when required.
112. Regarding the bill on freedom of religion, the Special Rapporteur does not believe it
is mandatory to pass such a law for the Georgian authorities’ policy on freedom of religion
or belief to be consistent with international law. The existing constitutional provisions, plus
some amendments to the Civil Code, could also enable Georgia to comply more fully with
its international obligations.
113. While there are situations in which ad hoc laws of this kind specify the legal regimes
governing the religious or faith-based communities in a particular geographical area and
those communities’ various rights, thereby guaranteeing the principle of freedom of
religion, there are also other situations in which such laws, rather than safeguarding
freedom of religion or belief, are used to restrict its effect, thus compromising the
safeguards established under international law. The Special Rapporteur emphasizes in this
regard that the State’s international obligations in the matter of freedom of religion or
belief exist irrespective of the existence of an ad hoc law.
114. If the Government should decide it is necessary to pass such a bill, the Special
Rapporteur notes that the bill has been assessed for conformity to international law but
emphasizes that it is the text eventually adopted that must conform to international law.
He thus advises the authorities to ensure that any proposed amendments to the bill are in
complete conformity with the acknowledged international standards on freedom of religion
or belief.
115. The Special Rapporteur also emphasizes that, despite the differences in numbers of
adherents of the religions present in Georgia, one essential feature of the law on religion
should be an acknowledgement that the various religions are of equal status under
Georgian law.
116. As regards the relationship between the Church and the State, the Special
Rapporteur considers that three kinds of situation are generally possible: the State may be
subordinate to the Church, the Church may be subordinate to the State, or there may be
an intermediate situation leaning towards the former or the latter. The situation in
Georgia gives rise to some contradictory impressions, sometimes suggesting that the State
manipulates the Orthodox religion and sometimes that the State is subordinate to the