Restorative justice in Georgia

This chapter problematizes contemporary principles of restorative justice in the Georgian criminal justice system by examining legal cases of the recognition of sex work/prostitution, the application of public policies, and their aims toward various actors of the sex work community occupied in this industry. We currently observe a dichotomy in practices of restorative justice in Eastern and post-Soviet countries. Some of them demonstrate the harmful nature of the industry and its adverse effects on the workers and the community to discourage involvement in it; others try to achieve a future where sex workers are respected as human beings and have the same rights as other workers. Georgia has chosen to ignore sex workers by separating them from ‘ordinary humans’¹ by limiting their recognition as members of society.

The concept of restorative justice includes various sides: victims, offenders, and, where appropriate, any other individual or community members affected by a crime (as it varies depending on gender). This chapter discusses the following questions: Who is recognizing the problem² of sex work as an industry in Georgia? Who is demanding restitution, and for what reason? Who is considered a victim in sex work, and can we generally apply a legal understanding of restitution to the sex industry in Georgia?

“This issue (of prostitution) is being discussed within the framework of legislation on human trafficking or domestic violence. There was no separate discussion on prostitution as an issue. Unfortunately, the legislature has no alternative to the employment of these women. Legislative support cannot solve this problem. The focus should be on the prevention of prostitution. In addition, we have a lot of problems besides this, I think it is necessary to protect ordinary people first, take care of their needs.” Deputy Guguli Magradze, a former member of the Gender Equality Council of the Georgian Parliament on the question of prostitution, 2007.

Problems are things we can do something about; we can solve problems. Facts are things that we can do nothing about; therefore we do well not to worry about them.