The honouring of obligations and commitments by Georgia
- Author(s):
- Parliamentary Assembly
- Origin
- Assembly
debate on 28 April 2022 (16th sitting) (see Doc. 15497, report of the Committee on the Honouring of Obligations
and Commitments by Member States of the Council of Europe (Monitoring
Committee), co-rapporteurs: Mr Titus Corlăţean and Mr Claude Kern). Text adopted by the Assembly on
28 April 2022 (16th sitting).
1. The Parliamentary Assembly welcomes
the continued and marked progress made by Georgia in honouring its
membership obligations and accession commitments since the adoption
of
Resolution 2015 (2014).
It particularly welcomes the cordial and constructive co-operation
of all Georgia’s political forces with the Assembly’s monitoring
procedure. At the same time, notwithstanding the substantial progress
made, a number of concerns and shortcomings remain that need to
be addressed for the country to fully honour its membership obligations
and accession commitments.
2. The extremely tense and polarised political environment in
Georgia is an issue of serious concern. This polarised political
environment, driven by zero-sum political strategies and a lack
of understanding and accommodation by both the opposition and the
ruling majority for their respective positions and rightful roles, precludes
any constructive co-operation between them. It also affects the
implementation of crucial reforms and is a key impediment to Georgia’s
democratic consolidation. In this regard, the Assembly emphasises
that the democratic consolidation of the country is the responsibility
of all political forces together, not of the ruling majority or
opposition alone. It therefore urges all political forces to place
the common good of the nation over any narrow party political strategies
and to co-operate jointly to fully honour Georgia’s membership obligations and
accession commitments. This is all the more important as much of
the required reform cannot only be legislated but will also require
a commensurate change in attitude and behaviour.
3. The Assembly welcomes the constitutional reform implemented
in Georgia, which resulted in a much- improved constitutional framework
that provides a solid basis for the strengthening of the democratic
process and the independence of the judiciary in the country. However,
it regrets the lack of consensus and inclusiveness apparent during
the drafting of the constitutional amendments, especially with regard
to the timeline for the introduction of a fully proportional electoral
system, an issue which has continued to dominate, and has had a
detrimental impact on, the political environment in the country.
4. The Assembly reiterates its strong support for a fully proportional
electoral system for parliamentary elections in Georgia. It therefore
welcomes the fact that such a system will be introduced as from
the 2024 parliamentary elections. All political forces should now
fully commit themselves to the implementation of this system as
from the next general election. The Assembly urges all political
forces to ensure that the changes to the constitution and electoral
legislation required to implement this electoral system are made
on the basis of broad consultation and consensus between all political
stakeholders.
5. While considering that successive elections in Georgia have
in general been conducted in line with European standards, the Assembly
regrets that recent elections have been a source of political tension
and instability. The conduct of elections is an important indicator
of the democratic consolidation of a society and the Assembly therefore
expresses its concern about recurrent shortcomings in the electoral
process. In this regard, reports of the abuse of administrative
resources, including pressure on State employees, the use of negative
and confrontational campaigning, at times exceeding the boundaries
of hate speech, and reports of isolated violent incidents during
election campaigns, are of particular concern. The Assembly therefore
calls upon the Georgian authorities to:
5.1 fully investigate and, where relevant, prosecute any reported
violence, pressure on voters and other electoral violations and,
jointly with all other stakeholders, give a clear signal that there
cannot and will not be any impunity for electoral violations and
malpractice;
5.2 revise the legal framework for party and campaign funding
in line with the Group of States against Corruption (GRECO) recommendations
and standards;
5.3 continue to strengthen, in close co-operation with all
stakeholders, the independence, impartiality and transparency of
the election administration. In this context, the Assembly underlines
that the election administration should not only act impartially
but that it should also be perceived as being independent and impartial
by all stakeholders;
5.4 implement and address all recommendations made by the
European Commission for Democracy through Law (Venice Commission)
in its opinions on the electoral legislation, as well as those made
in the reports of the international election observation missions
of the Assembly and the Office for Democratic Institutions and Human
Rights of the Organization for Security and Co-operation in Europe (OSCE/ODIHR)
following previous elections.
6. The Assembly welcomes the consensual adoption of the new rules
of procedure of the parliament, which are an important instrument
strengthening parliamentary oversight that have already shown positive
dynamics. However, further efforts are needed to continue strengthening
parliamentary oversight, especially with regard to the security
services and their operations. At the same time, the Assembly underlines
that a well-functioning system of parliamentary oversight depends
on a strong parliament, which, in turn, needs strong and diverse political
parties that are willing to enter into dialogue and co-operate with
each other within a democratic institutional framework.
7. The independence of the judiciary and the impartial and efficient
administration of justice have long been the focus of the Assembly
in the framework of the ongoing monitoring procedure for Georgia.
The Assembly therefore welcomes the clearly present political will
to address these issues and the consecutive waves of judicial reform
implemented by the Georgian authorities. Despite the marked and
tangible progress achieved by these reforms, a number of concerns
remain. The Assembly therefore calls upon the Georgian authorities to
implement a comprehensive and independent evaluation of the first
four waves of judicial reform with a view to identifying areas of
success, as well as remaining deficiencies, and to commit to addressing
the findings and recommendations resulting from this evaluation.
8. Despite improvements in the legal framework, the functioning
of the High Council of Justice in Georgia and reports of internal
dependence and control over the judiciary remain issues of concern
for the Assembly. Further substantial reform of the High Council
of Justice is needed to ensure proper accountability and the transparency
of its decision-making processes. This is especially relevant with
regard to the appointment of judges and other decisions affecting
their careers. The Assembly regrets that the Georgian legislature
did not implement in time the recommendation of the Venice Commission
with regard to the appointment of court chairpersons, as the current
method is vulnerable to abuse and allows for undue influence over
the courts by the High Council of Justice. The Assembly calls upon
the Georgian Parliament to adopt the necessary amendments to the
Law on the General Courts of Georgia to ensure that the chairpersons
of district and appeals courts will be elected directly by and from
among the judges of each court for a single non-renewable term.
9. The Assembly regrets the controversy around the recent appointments
of Supreme Court judges, which underlines the deficiencies in the
functioning of the High Council of Justice. Despite the substantial improvements
as a result of the belated implementation of the relevant Venice
Commission recommendations, the appointment process remains vulnerable
to politicisation and allows for arbitrary decision making, which impedes
a fully transparent and merit-based selection process. The Assembly
regrets that the Georgian authorities decided to continue the appointment
of Supreme Court judges on the basis of a deficient process, despite
the widespread calls from stakeholders, including the international
community, to the contrary.
10. In this context, the Assembly remains concerned about reports
of the instrumentalisation of the justice system for ulterior (political)
motives, as well as attempts to discredit the justice system for
the same reasons. It reiterates that political motivation, perceived
or real, has no place in the justice system of a democratic country.
11. The Assembly welcomes the reforms adopted to significantly
reduce the excessive use of pretrial detention in Georgia, including
alternative methods of restraint such as house arrest and electronic
monitoring. However, per capita, the number of persons in pretrial
detention is still very high. Further efforts to reduce the use
of pretrial detention should be taken by the Georgian authorities
and the control over its use by the courts should be strengthened
and improved. In this context, the Assembly calls upon the authorities
to promptly execute the European Court of Human Rights Grand Chamber
judgment in the case Merabishvili v.
Georgia.
12. The Assembly expresses its concern about the legal framework
for administrative detention in Georgia. The current Law on Administrative
Offences, which dates from the Soviet era, is outdated and several
of its provisions have been found to violate the Georgian Constitution.
As a result, the current legal framework allows for excessive use
of administrative detention, as well as excessively high fines,
and is vulnerable to abuse. A new law on administrative offences
should be adopted without delay. The Assembly therefore welcomes
the clearly expressed intention of the Georgian authorities to present
a new draft law on administrative offences in the very near future.
13. The Assembly welcomes Georgia’s commitment to fighting corruption
and encourages the authorities to continue and, where necessary,
step up their efforts, especially with regard to high-level corruption.
The Assembly regrets that a substantial number of GRECO recommendations
from different evaluation rounds remain to be addressed. It calls
upon the Georgian authorities to address these remaining GRECO recommendations
without further delay.
14. Freedom of expression and freedom of the media are generally
well respected in Georgia. The Assembly welcomes the progress made
with regard to strengthening the media environment, especially the
lowering of the barriers to enter the media market, which is an
important condition for a diverse media environment. At the same
time, it expresses concern about the polarisation of the media environment
as well as a number of actions taken and policies implemented by
the authorities that negatively affect its pluralism. The Assembly
underlines the importance of a pluralist media environment for the
functioning of a democratic society and encourages the authorities
to consider and weigh up the possible effects on media freedom and
media pluralism of any policies and actions that affect the media
environment and media outlets in the country. With respect to the
media, the Assembly calls upon the Georgian authorities,
inter alia, to:
14.1 further strengthen the independence
of the Georgian National Communications Commission;
14.2 further strengthen the independence and impartiality of
the Georgian public broadcaster, especially during election periods;
14.3 develop, in consultation with the relevant Council of
Europe departments and the Venice Commission, an adequate legal
and regulatory framework to combat hate speech in the media, including in
the context of election campaigns;
14.4 to re-examine, on the basis of Venice Commission recommendations,
the recent amendments to the Law on Electronic Communications that
govern the appointment of a special manager in telecommunications
companies by the Georgian National Communications Commission.
15. The Assembly is concerned about the intolerance shown towards
and violent acts against the LGBTIQ+ community in Georgia. These
acts of violence have not yet been fully satisfactorily addressed
by the authorities. The Georgian authorities should step up their
efforts to fight intolerance and hate crimes and give a clear signal
that there cannot be any impunity for such despicable acts, including
for those instigating and inciting such heinous actions.
16. The Assembly welcomes the establishment of a dedicated human
rights department in the Ministry of Internal Affairs, which, inter alia, monitors and assesses
the investigations of hate crimes. With regard to religious minorities,
the Assembly notes that there is a need to significantly increase
trust in the State Agency for Religious Issues. The authorities
need to address this matter.
17. The repatriation of the deported Meskhetian population is
a commitment that Georgia took upon itself when acceding to the
Council of Europe. The Assembly welcomes that the existing legal
framework was complemented by a comprehensive repatriation strategy
with a view to facilitating the repatriation process in practice.
However, the Assembly notes that a number of practical barriers
continue to exist that prevent de facto repatriation,
many of them beyond the competence of the Georgian authorities.
This has resulted in a still small number of actual repatriations.
It is therefore important that the Georgian authorities conduct
a comprehensive evaluation of the repatriation framework and strategy,
and the results achieved, including identifying any unforeseen barriers
and hurdles to successful repatriation taking place. If the Georgian authorities
formally commit themselves to such an evaluation and to addressing
those barriers encountered in the process that fall under their
competence, the Assembly could consider that this commitment has
been honoured.
18. The Assembly pays tribute to the important role played by
the institution of the public defender in Georgian society. It calls
upon the Georgian authorities and all State actors to continue to
give support and work constructively with the public defender and
her office, and regrets any actions aimed at undermining and hindering
the work of this important institution. In this respect the Assembly
urges all political forces to ensure that the successor to the current
ombudswoman, whose term will expire soon, is appointed in a non-partisan manner
based on the broadest possible consensus and support of Georgian
society, in the same fashion as was the case in 2017.
19. The Assembly regrets that, to date, Georgia has not signed
and ratified the European Charter for Regional or Minority Languages
(ETS No. 148), to which it explicitly committed itself when joining
the Council of Europe. The Assembly notes that this is most likely
the result of a lack of understanding and deeply engrained misconceptions
about the charter and its implications. The Assembly therefore calls
upon the Georgian authorities to sign the charter without further
delay and then organise, in co-operation with the relevant Council
of Europe departments, a proper awareness-raising strategy with
a view to the charter’s prompt ratification by the Georgian Parliament.
20. The Assembly reiterates its full support for Georgia’s sovereignty
and territorial integrity within its internationally recognised
borders. It deplores and condemns the illegal occupation and creeping
annexation by the Russian Federation of the Georgian regions of
Abkhazia and Tskhinvali region/South Ossetia that cause a dire security,
humanitarian and human rights situation on the ground, with increased
illegal militarisation and restrictions on freedom of movement.
The Assembly expresses serious concern over the human rights violations
in these regions, including arbitrary detentions, kidnappings and
discrimination of ethnic Georgians. It urges the Russian Federation
to immediately release all illegally detained persons.
21. The Assembly takes note of the conclusion contained in the
decision of the Grand Chamber of the European Court of Human Rights
in the case of Georgia v. Russia (II) that,
following the active phase of the hostilities in the 2008 war between
the Russian Federation and Georgia, the Russian Federation has been
in effective control of the Tskhinvali region/South Ossetia and
Abkhazia and that therefore the human rights violations on the ground
fall under its jurisdiction. The Assembly welcomes the Georgian
Government’s policy on peaceful conflict resolution, including the
people-centred reconciliation strategy. The Assembly calls upon the
Russian Federation to fully comply with its international obligations
and commitments, including under the European Union-mediated Ceasefire
Agreement of 12 August 2008, in particular with regard to the withdrawal of
military and security forces from the Georgian regions of Abkhazia
and Tskhinvali region/South Ossetia and allowing the establishment
of international security mechanisms on the ground.
22. The Assembly strongly condemns the intention of the so-called
“president” of the Tskhinvali region to hold a so-called referendum
on the matter of “joining” the Russian Federation, which underlines
the Russian Federation’s policy to illegally and completely annex
the occupied territories of Georgia, in violation of Georgia’s sovereignty
and territorial integrity. The Assembly reiterates its position
that the so-called elections and referendums in the Georgian regions
of Abkhazia and Tskhinvali region/South Ossetia are neither legal nor
legitimate and hinder the peaceful settlement of the conflict, which
it deplores.
23. The Assembly resolves to continue its monitoring procedure
in respect of Georgia. At the same time, the Assembly is convinced
that the recommendations contained in this resolution and accompanying
report provide a clear perspective for Georgia’s progression towards
the commencement of a post-monitoring dialogue. However, it underlines
that such progress is only possible if it can count on the full
commitment and political will of all political forces, both the
ruling majority and the opposition, and if there is no backsliding
or regression in the progress to date.
