The post-revolution authorities in Georgia – are they really new?

Q&A with Tina Khidasheli

Founder of the Georgian Young Lawyers Association (GYLA)

                                                                                                                     At present the authorities tend to cooperate with the non-governmental sector more actively and definitely try to deploy the sector’s resources.  The President of Georgia has last met with the representatives of the non-governmental organizations on July 24. The participants agreed to hold such meetings regularly. The attitude of the non-governmental sector towards the new authorities is rather interesting. One of the founders of the Georgian Young Lawyers Association Tina Khidasheli was interviewed in this regard.   

Q.: How could you estimate the state of the non-governmental sector, on the one hand, and the activities of the authorities, on the other?

A.: Generally speaking, currently the non-governmental sector faces two major problems. The first one is related to human resources in the non-governmental sector, the significant outflow of which to the state structures was observed recently.

The second problem regards the relationship between the state and the society. Just this is the niche for which the non-governmental organizations exist. This firstly means the co-participation of the society in all the processes ongoing in the country, involvement of various groups in the issues of vital importance for them. 

Unfortunately, the accountability between the authorities and voters has absolutely been lost. The authorities which come to power through revolution chose the similar form of relationship with the society, as used by the previous authorities. Nobody has informed us about their plans either before the presidential or the parliamentary elections.   

This is confirmed by the constitutional amendments adopted in February 2004. In my opinion, this was a dishonest attitude towards the voters, since the voters cast ballot on January 4 for the President not only as for personality but also as for the state institute with particular functions and duties.

At the same time, the amendments were made under quick conditions, with absolute violation of dates and any co-participation of the society. While our Constitution directly says that the amendments must be published for general public discussion for a term of one month. This tendency is still preserved nowadays. 

Q.: How is this tendency revealed?

A.: For example, it is revealed in famous anti-corruption arrests. As a lawyer, I declare with full responsibility that all the arrests were conducted with complete violation of law and neglecting the Criminal Code.

This is a terrible tendency, because each subsequent authorities will also violate the law, saying that this is conditioned by higher objectives. By the way, during the period of Shevardnadze’s presidency, the law requirements were neglected for “higher  purposes.”

Q.: What is the reaction of the non-governmental sector in this regard?

A.: I think, the reaction is similar, as it was during Shevardnadze’s period. We used to hold conferences to express our positions. Today we keep sending reports to relevant organizations outside Georgia. We are rather frank while speaking with the Council of Europe Monitoring Delegation, which, as you know, visited Georgia several weeks ago. It should be said that Matyas Eorsi [head of the delegation of the Parliamentary Assembly of Council of Europe (PACE)] was rather critical.

Today the authorities are rather popular. Mass media is extremely loyal towards them. Nobody works over raising political temperature. On the contrary, everything is directed towards its reducing.

Q.: Meetings are held with the representatives of the third sector, the issues of setting up advisory councils at various ministries are being discussed. How could you estimate the efforts of the new authorities to cooperate with non-governmental organizations?

A.: Although the issues of setting up advisory councils are being discussed, no such councils have been set up so far. After the November revolution it was declared about establishing a Police Council, but it is already July and no progress has been observed in this direction so far.

As for the meetings with the authorities, just this is our function. If they call me, I will gladly attend such meetings, since I am sure that unlike previous authorities, it is quite possible to talks with these authorities and establish productive cooperation oriented to particular results.   

Q.: Can you bring any such examples?

A.: For example, as a result of one of the latest meetings, a council has been established at the Justice Ministry. This council existed there previously, however was abolished in April. The Justice Ministry has prepared draft amendments for setting up this council, however, the Parliament failed to adopt it. I offered the President a particular way out of the situation, which implied creation of a council under the presidential decree (he has such right by the law). His reaction was immediate. The draft is already ready, a final meeting will be held in the near future and the draft will be submitted to the President for signing.

Another example is related to the draft law on restitution of property, which is connected with the Tskhinvali region. Moreover, Georgia has committed to adopt the law on restitution while joining the Council of Europe in 1999. Under the instructions of the President of Georgia, this draft law will be submitted to the government session for discussion.

One more result achieved at the meeting with the President of Georgia is replacement of teenager prisoners to another prisons with better conditions. The President is ready to allocate funds from the Reforms Fund to repair the prison and create better conditions for children-prisoners.

It is obvious that the authorities are willing to make particular changes. Simply, very often they lack human resources to think about all existing problems. So, we think, we should support the authorities in this direction. A great corridor exists in this direction and the non-governmental organizations should occupy this corridor.

In my opinion, it is quite possible to establish constructive cooperation with these authorities. However, there are certain issues over which we will find difficult to agree. In such cases we will keep uncompromising position towards the authorities.

Q.: What do you mean?

A.: For example, new draft constitutional amendments have been prepared and I do not agree with a great part of these amendments. There are some provisions regarding Georgia’s local territorial arrangement and self-governance. Georgia will be divided into 25 parts (presently it is divided into 73 parts), this means that the regions will be integrated. In other words, villages, towns and settlements will no more exist legally. This is absolutely unacceptable for me.

Moreover, the amendments also include the idea of abolition of the Constitutional Court, that is inadmissible. If we admit such a precedent, tomorrow they will abolish another courts as well.

These amendments should be published for public discussion in August. However, it is quite possible that it will not  be published until the autumn session of the Parliament. I think, the reaction of the non-governmental sector towards these draft amendments will be extremely severe.