Statement of the Civil Society of Georgia

on ensuring public discussion of the Forest Code and the lease agreement 
 
to:
 
Ministry of Energy and Natural Resources of Georgia
Parliament of Georgia
Ministry of Environment Protection of Georgia
Ministry of Regional Development and Infrastructure of Georgia
State Minister of Georgia on European and Euro-Atlantic Integration
Agency of Protected Areas of Georgia
National Environmental Agency of Georgia
 
We would like to inform you that yesterday, September 4, the Ministry of Energy and Natural Resources of Georgia disseminated the drafts of the Forest Code and the lease agreement. The electronic versions of the documents were sent to the representatives of the following organizations: WWF, Green Alternative, the Greens Movement of Georgia, the Centre for Strategic Research and Development of Georgia (CSRDG), the Aarhus Centre Georgia, CENN.
 
The mentioned organizations were also provided with the information on discussion of the presented draft documents: “For the purpose of discussion and hearing on the working documents a meeting with non-governmental and international organization will be held on September 15 of the current year. The attached documents will be resent with an official letter specifying the details of the meeting (venue and time)”.
 
The documents are presented in English.
 
The manner of dissemination of the information and the draft document as well as the proposed form of their discussion are symptomatic and give grounds for making certain conclusions. First of all, the obligation of the state to ensure publicity of the changes to be introduced into the forestry sector and public involvement in decision-making process becomes just a formality. In particular:
 
•         The documents are not available for the public and experts;
•         The documents are less available for the representatives of legislative and executive authorities and therefore they are not able to analyze, present their views to the public and participate in the decision-making process within their competences;
•         the text to be translated does not meet the primary requirement for any legislative act  – does not allow for interpretation. 
 
Moreover:
 
• There is some doubt that the draft documents are copied and the problems of the country are not considered in the process of their development;
• The restricted participation of the Georgian experts in the development of the draft documents is obvious;
• None of the documents (law, research, conclusion, recommendation) existed in the national language is not considered during the development of the draft documents;
• The authors of the draft documents did not consult with the representatives of the competent state agencies.
 
Setting the date of the discussions prior to dissemination of the Georgian texts indicates that the project initiators do not take the role of the public in decision-making process seriously.  Moreover, the following is also underestimated:
 
• The role of the Parliament of Georgia in adoption of the important legislative act;
• The role of the competent state agencies in management of natural resources;
• The international and national norms and standards ensuring public participation in decision-making process.
 
Therefore the following forecast shall be made:
 
• The forestry reform will be implemented in an accelerated manner;
• The participation of the public, as well as the Parliament and the competent agencies of the executive power will be just a formality;
• The government will not take into account the comments, remarks and recommendations of the public and international organizations.
 
In this case the proposed initiative will threaten the natural resources, economy and ecology as well as the development of the regions and interests of the population of the country.
 
The civil society of Georgia addresses to the Government of Georgia and relevant agencies with the following request:
•         The Ministry of Energy and Natural Resources of Georgia to ensure translation of the draft documents and their dissemination among the interested audience;
•         The Ministry of Energy and Natural Resources of Georgia to establish the reasonable date of the discussions after translation of the drafts of the Georgian legislative acts and their dissemination;
•         The Committee of Environment Protection and Natural Resources of the Parliament of Georgia to immediately request the Georgian version of the draft documents and start their discussion with participation of the public;
 
•         The Ministry of Environment Protection of Georgia, the Ministry of Regional Development and Infrastructure of Georgia, the State Minister of Georgia on European and Euro-Atlantic Integration, the Agency of Protected Areas of Georgia, the National Environmental Agency of Georgia - to start public discussions within their competences.
 
The mentioned agencies to provide the analysis and compliance of the draft documents with their plans and projects (drafts laws, development plans, etc.), as well as vision within their competences at the discussions meetings.
 
•         The Ministry of Energy and Natural Resources of Georgia to present the original document which served as a basis for the development of the draft Forest Code, as well as the information on the experts and public servants involved in the project and ensure their meeting with the civil society.

CENN
 
The Greens Movement of Georgia/ Friends Of Earth -  Georgia
 
The Human Rights Centre

Center for Strategic Research and Development of Georgia

Georgian Young Lawyers Association
 
Caucasian House
 
Article 42 of the Constitution
 
Youth Alternative

Kakheti Information Center

Mtskheta-Mtianeti Information Center
 
Union for Civil Society Development  Borjghalo

Our Generation

Association Flora and Fauna

Center for Protection and Integration of Rights of Migrants

(statement is open for signatories)