PACE Honouring of obligations and commitments by Georgia

PACE: Honouring of obligations and commitments by Georgia

COMMITTEE ON THE HONOURING OF OBLIGATIONS AND COMMITMENTS BY MEMBER STATES OF THE COUNCIL OF EUROPE (MONITORING COMMITTEE)

Honouring of obligations and commitments by Georgia

Provisional version

AS/Mon (2004) 45
15 December 2004

Co-rapporteurs:  Mr  Matyas Eörsi, Hungary, Liberal, Democratic and Reformers’ Group     Mr Evgeni Kirilov, Bulgaria, Socialist Group

Draft report and draft resolution

I. Draft Resolution

1.  A year after coming into power, the new Georgian authorities continue to demonstrate an unyielding resolve to carry out far-reaching political, legal, social and economic reforms. They continue to enjoy broad support by the general public and the international community. The authorities’ achievements so far, and notably the peaceful reintegration of Adjara, are positive developments, but the authorities should maintain and accelerate the momentum of reforms in accordance with Council of Europe standards and principles.

2.  The government’s efforts to carry out reforms are conducted against the background of persisting instability in South Ossetia and Abkhazia. The co-rapporteurs fully understand the problems the authorities are facing because of the unresolved conflicts with the two break-away regions. They urge the Georgian leadership to maintain their restrained approach and continue to seek a peaceful, political solution. At the same time, it is essential to preserve the momentum of political and economic reforms. A successful, open, tolerant and democratic Georgia is the best asset in the efforts to peacefully resolve the confrontation with the present South Ossetian and Abkhaz regimes and restore the country’s territorial integrity.

3.   Full compliance with membership obligations will help Georgia to reinforce its political stability and democratic security. The list of remaining commitments contain obligations related to virtually every major challenge Georgia is facing today, from the fight against corruption,  the protection of human rights and rights of minorities, the reform of the judiciary and the efforts to restore the territorial integrity of Georgia through peaceful means.

4.   In Resolution 1363 adopted in January 2004, the Assembly agreed to re-consider deadlines for Georgia’s commitments to the Council of Europe, as a sign of understanding and support to the new authorities. These deadlines are listed in paragraph 8 below. It should be however clear from the outset that there will be no subsequent negotiations and extensions, and that the Assembly expects the Georgian government to honour their promises fully and in time.

5.   The extent of corruption and lawlessness in Georgia under the previous government resulted in the extraordinary character of the transition – the Rose Revolution. A year later, it is time to normalise the situation and bring the political process firmly back to the country’s institutions. The post-revolutionary situation should not become an alibi for hasty decisions and neglect for democratic and human rights standards. The priority is to build solid and lasting foundations for a stable, prosperous, and democratic Georgia for the generations to come.

6.   The Rose Revolution and the two subsequent elections resulted in a very strong government, which may be an asset in dealing with the country’s political, economic and security problems, provided that a strong government is accompanied by a strong and functioning system of check-and-balances. This is not yet the case. Today, Georgia has a semi-presidential system with very strong powers of the president, basically no parliamentary opposition, a weaker civil society, a judicial system which is not yet sufficiently independent and functioning, underdeveloped or non-existing local democracy, a self-censored media and an inadequate model of autonomy in Adjaria.

7.   The Assembly therefore asks the authorities to create conditions in which a strong and efficient system of democratic checks and balances will emerge and begin to function. They should have a positive attitude to dialogue, and be open to advice and engage in public discussions on critical voices. In the present circumstances this is one of the key requirements for the success of the reforms.
 
8.   The Assembly, after having consulted the Georgian authorities, sets the following deadlines for the compliance with commitments and obligations and asks Georgia to:

i. with regard to Council of Europe conventions:

a. sign and ratify the European Charter for Regional and Minority Languages and the European Outline Convention on Transfrontier Cooperation before September 2005;

b. ratify the Revised European Social Charter and the Framework Convention for the Protection of National Minorities before September 2005

ii. with regard to constitutional issues:

a. commit itself to the creation of a second parliamentary chamber to provide for the representation of its autonomous regions at the state level, once South Ossetia and Abkhazia are politically and administratively reintegrated into Georgia;

b. substantially and without any delay revise the recently adopted autonomous model for Adjara, in line with the Opinion of the Venice Commission;

iii. with regard to Meskhetian population – create, without any further delay, legal, administrative and political conditions for the start of the process of their repatriation with the view to its completion in the foreseeable future;

iv. with regard to the 1990-1994 conflicts:

a. adopt a legal framework for the restitution of ownership and tenancy rights or compensation for the property lost during these conflicts by September 2005;

b. ensure that internally displaced persons enjoy equal rights with the rest of the population, particularly when it comes to employment and housing;

v. with regard to the local self-government – complete the territorial and administrative reform in time before the next local elections and ensure it is carried out in line with the European Charter of Local Self-Government, especially when it comes to the election of all mayors;

vi. with regard to the functioning of the judiciary and the police:

a. complete the reform of the judicial system, the public prosecutor’s office and the police, in strict compliance with Council of Europe standards and in close cooperation with Council of Europe experts;

b. introduce further reforms to the Council of Justice in order to prevent any undue interference of the executive in the administration of justice;

vii. with regard to the fight against corruption – intensify efforts to eradicate this phenomenon through long-term structural measures, in line with the GRECO recommendations and in full respect for the rule of law and human rights;

viii. with regard to the rule of law and human rights:

a. critically review the present practice of the “plea bargaining” system which – in the present form – on one hand allows some alleged offenders to use the proceeds of their crimes to buy their way out of prison, and on the other creates the risk for arbitrary, abusive and even politically motivated application;

b. consider urgent measures to alleviate the dramatic overcrowding in prisons, including through amnesty for some vulnerable categories of prisoners, such as ill, young and elderly offenders;

c. eradicate the “culture of violence” which continues in Georgian prisons and pre-trial detention centres, through effective preventive measures, systematic investigation of allegations and forceful sanctioning of proven incidents;

d. immediately eradicate all forms of violence.

9 The Assembly recalls that the decision to reconsider these deadlines for Georgia’s commitments, taken in January 2004, was a result of the extraordinary circumstances that occurred in the country. Consequently, this decision should in no way be considered as a precedent for reconsidering deadlines set by the Assembly in its opinions concerning the accession of other member countries.

10.   In order to consolidate the system of democratic checks and balances, the Assembly asks the Georgian authorities to review the constitutional changes of February 2004, by taking into account the Opinion of the Venice Commission, especially with regard to the strong powers of the President. Before the next parliamentary elections, they should also lower the electoral threshold of 7 percents, in order to create conditions for a pluralist and genuinely representative parliament.

11.   The Assembly finally encourages the Georgian authorities to intensify their efforts to resolve the outstanding conflicts with South Ossetia and Abkhazia in a peaceful and political manner. At the same time, it calls on the Russian Federation, to use its substantial influence to back these efforts and help to create conditions for a broad autonomy of South Ossetia and Abkhazia and the territorial integrity of Georgia. The Assembly welcomes the recent initiative for bilateral parliamentary dialogue between Russian and Georgian authorities, and offers its good offices to help this initiative to bear fruit.

12.   The Assembly resolves to continue its monitoring procedure and to review the compliance with Georgia’s commitments and obligations in September 2005. 

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