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NEWS

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02 December, 2024

On November 28, 2024, the Georgian Dream's statement about altering Georgia's constitutionally guaranteed foreign policy sparked legitimate protests from citizens, including public servants. So far, employees from 19 state agencies have publicly expressed opposition to Georgian Dream’s decision through official statements.


Since these protests from public servants stand in direct contradiction to the ruling Georgian Dream's position, there is a risk they may face dismissal. Statements by the Mayor of Tbilisi, Kakha Kaladze, and Georgian Dream member Nino Tsilosani, reinforce concerns about potential pressure on public servants to terminate their employment.


The Constitution of Georgia and the European Convention on Human Rights protect the freedom of expression for all individuals, including public servants. While the Law on Public Service obliges public servants to adhere to political neutrality, expressing opinions on foreign policy does not violate this principle. Such actions do not constitute political agitation or support for any political party and align with Article 78 of the Constitution.


Chapter 12 of the Law on Public Service clearly defines the grounds for dismissal, none of which include expressing opinions. Furthermore, coercing public servants, directly or indirectly, to submit resignation letters due to their legitimate protests constitutes a criminal offense under Article 169 of the Criminal Code of Georgia.


Additionally, Georgian law and international treaties, including the European Convention on Human Rights (ECHR), provide robust protections for whistleblowers. A whistleblower can report violations of Georgian law by public officials to designated authorities, including investigative bodies, the prosecutor's office, or the Public Defender. The law explicitly prohibits any form of intimidation, harassment, coercion, humiliation, or discriminatory treatment against whistleblowers or their close relatives, as well as any actions that cause moral or material harm.


In light of potential pressures and concerning statements by political officials, we urge the Public Defender’s Office and the Public Service Bureau to take proactive measures. These institutions should employ all available mechanisms to safeguard the rights of public servants and ensure a fair and lawful response to their legitimate protests.

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