Office of the State Minister of Georgia on European and Euro-Atlantic Integration

texturegainfulΚινητά – Ασύρματες Τεχνολογίες

10 Δεκ 2013 (πριν από 3 χρόνια και 8 μήνες)

808 εμφανίσεις




Office of the State Minister of Georgia on European and

Euro
-
Atlantic Integration













Georgia’s Progress Report on Implementation

of the ENP Action Plan and the EaP Roadmaps


October
2012



June 2013




























2



INTRODUCTION

With the finalization of

negotiations on Association Agreement
including the

Deep and
Comprehensive Free Trade Area,

EU


Georgia cooperation is advancing at a qualitatively new stage.

The

Visa Dialogue

is also developing dynamically as Georgia successfully implements
Visa
Liberalisation

Action Plan

(VLAP)
.

Georgia

also continues

effective implementation of the European
Neighbourhood

Policy Action Plan (ENP AP) and the Eastern Partnership (EaP) bilateral

and
multilateral Roadmaps.

With the view of the change of the Government, the European and Euro
-
Atlantic integration remains
the long
-
term strategic foreign policy goal of Georgia. The new Government is committed to building
a strong and effective democra
tic state, based on common European values and shared principles. It
intends to
fulfil

and further develop current EU
-
Georgia agenda by making the best use of all possible
cooperation instruments and mechanisms, with the
aim to achieve tangible results

al
ready in 2013 for
the EaP Vilnius Summit.

The new Government of Georgia initiated concrete actions to promote democratic consolidation and
political pluralism that will create effective checks and balances across its branches, facilitate greater
civic pa
rticipation and develop strong state institutions.

This
report
together with the
chapters

of the
ENP Action Plan

covers

also

respective provisions of the
EaP Bilateral and Multilateral Roadmaps.
Information is provided in accordance with the ENP AP
priori
ty areas.



1. Political Dialogue and Reforms


1.1

Democracy, Human Rights and Judiciary


1.1.1.

Cohabitation


First and foremost priority of the new Government is to ensure further consolidation of democratic
processes by supporting peaceful, constructive and result oriented coexistence with all political groups.
Despite objective challenges cohabitation process s
tays within the constitutional framework and there
are already positive developments in this regard:



Joint
adoption

of the
constitutional amendments

by the parliamentarian majority and
minority;



Joint document on the
Main Directions of Foreign Policy

of t
he country has been
unanimously adopted by the parliamentarian majority and minority;



Signature by the President of the
Strategic Defence Review 2013
elaborated by the

Ministry of
Defence;



Appointment of the new
Chief of Joint Staff

became a subject of another political consensus
between two political groups.



The

vitally important legislative changes enhancing the
independence of the justice system

have been supported by the Chief Justice.

3




Meetings

of
Security Council of Georgia

wi
th participation of Government and opposition
representatives, chaired by the President.



Constructive

meeting

of

the

Prime

Minister

of

Geogia,

Chairman

of

the

Parliament

and

U
nited

N
ational

M
ovement

P
arliamentary

Minority

L
eader

was

held

on

July

6

2013

in

Ureki
.


1.1.2.

Parliamentary Control


The Parliament has turned into a
centre

for lively political debates. Most importantly, parliamentary
control over the executive is increasingly growing.




At

the

request

of

the

opposition,

Ministers

meet

with

the

representatives

of

the

parliamentary

minority

and

answer

their

most

critical

questions;



Members

of

the

Parliament

actively

exercise

their

legal

right

to

request

information

and

various

materials

from

the

executive

branch;



Two

major

political

forces

have

ex
hibited

an

ability

to

cooperate

effectively

and

even

take

unanimous

decisions.



1.1.3.

Media freedom



One of the main achievements of the current Georgian Government is liberation of the media from
governmental pressure. As it was noted by many independent obse
rvers before the election, the main
media outlets were controlled by the government, while the remaining media suffer from artificial
obstacles and limitation of their sources of income.



Immediately upon the change of government, the environment underwe
nt drastic changes:




Governmental

pressure

has

been

removed

fully,

and

pluralistic

information

has

become

available

and

healthy

competition

returned.

;




Commercial

income

opportunities

are

now

made

available

to

media

outlets,

automatically

resulting

from

the

policy

of

freeing

business

from

governmental

pressure;




The

Imedi

television

company

was

returned

to

its

lawful

owner;



Legislative

changes

were

introd
uced

aimed

to

ensure

a

more

democratic

way

of

composition

of

a

Board

of

the

Public

Broadcaster,

while

also

furthering

the

transparency

of

financing

of

TV

companies;




Mandatory

must

carry/must

offer

provisions

at

the

legislative

level

were

introduced;




The

Adjaria

Television

was

granted

the

status

of

a

Public

Broadcaster.

So

far,

it

has

been

operating

as

a

state

institution

subordinated

to

the

Autonomous

Republic

of

Adjaria;



Works

are

underway

to

ensure

transition

to

digital

broadcasting.

Broadcasters

will

no

longer

need

to

build

their

own

infrastructure

in

one

or

another

region

or

city

and

purchase

transmitters

to

go

nationwide.

As

a

result

of

this

reform,

those

planning

to

enter

television

industry

will

be

able

to

launch

their

operations

with

much

smalle
r

amounts

to

invest;



Most

importantly,

the

Government

and

the

Prime

Minister

are

absolutely

open

and

willing

to

answer

he

most

critical

questions

from

media.

The

prime

minister

holds

monthly

press

conferences.

All

journalists

without

exception

are

able

t
o

participate

in

these

conferences

and

ask

questions.

Every

month,

the

Prime

Minister

spends

several

hours

answering

the

most

acute

4


questions

in

this

format.

The

Government

as

a

whole

and

the

Parliamentary

majority

work

in

the

same

mode.


1.1.4
.
Constitutional Reforms


The vivid example of successful cooperation with minority in the Parliament was the amendments to
the constitution which was unanimously adopted by the Parliament. The amendment is consistent with
international constitutional norms
and removes the President’s unilateral power to appoint a new
government without Parliament’s approval. It was truly a bipartisan measure which paves the way for
the consolidation of democracy in Georgia.



1.1.5.
Right of Freedom to Assembly and Associati
on


The Interior Ministry makes an all
-
out effort to allow for a possibility for everyone to voice his/her
opinion when it comes to groups holding opposing worldviews.




Due

to

the

full

mobilization

of

police

forces,

the

April

19

opposition

rally

proceed
ed

in

a

peaceful

manner,

despite

the

fact

that

serious

confrontation

had

been

expected;




On

May

17,

the

international

day

against

homophobia,

the

police

succeeded

in

ensuring

the

safety

of

the

participants

of

this

rally,

while

over

twenty

thousand

aggressi
ve

and

violent

counter
-
demonstrators

tried

in

every

way

to

physically

assault

a

small

of

group

of

LGBT

rights

advocates.

Although

the

crowd

was

nearly

uncontrollable

and

violent,

the

Interior

Ministry



did

their

best

to

ensure

the

right

of

the

small

grou
p

of

demonstrators

to

assembly.

Most

importantly,

none

of

the

representatives

of

this

group

suffered

any

harm

during

the

rally.


1.1.6
.
Human Rights Strategy and Action Plan


The Georgian Government attaches special importance to the creation and
strengthening of the human
rights strategy and action plan. This strategy and action plan will ensure identification of human rights
priorities, streamlining of the activities of various government agencies, while also making a positive
contribution to th
e coordination of support from donors, eventually ensuring a higher level of
effectiveness and successfulness of the government’s work in terms of human rights protection.


It is important for the government to ensure transparency and inclusiveness in the
process of
development of the strategy and action plan. To this end, the Prime Minister initiated an interagency
work group comprising the following members:




Deputy

Ministers;



MPs

with

relevant

expertise;



A

representative

of

the

Prime

Minister’s

Office;



Public

Defender;



Business

Ombudsman;



Inspector

for

Personal

Data

Protection;



Representatives

of

non
-
governmental

organizations

working

in

relevant

fields;



Representatives

of

international

organizations

working

in

relevant

fields.


5


The composition and chart
er of the interagency group is approved by the government.


A secretariat will be created under the Prime Minister’s Office to ensure the group’s technical support.

The human rights strategy and action plan imply the creation of a three
-
year general plan b
y the
government, defining particular activities to be implemented with a view to substantially improving
the situation with regard to human rights protection.


The human rights plan will cover in part those fragmented strategies and action plans that exis
t in
particular sectors, such as the criminal code reform strategy and action plan, the action plan for fight
against torture, etc.


In addition, this plan will reflect international obligations and recommendations defined in various
international formats.


The strategy will emphasize the country’s priorities concerning human rights, while the action plan
will describe the following in details:




Activities

to

be

implemented;



Particular

government

agencies

in

charge;



Deadlines;



Available

resources;



Measurable

indicators

to

assess

the

outcomes

after

the

implementation.


1.1.
7
. Integration of Minorities


The National Concept on Tolerance and Civil Integration and Action Plan


The Georgian Government is intensively implementing the “National Concept
for Tolerance and Civic
Integration” and respective Action Plan which was approved by the Governmental decree №348 of 8
May 2009.


With coordination of the Office of the State Minister of Georgia for Reintegration the 2012 Action
Plan report was prepared.
Along with this, the 2013 Action Plan has started to be implemented. The
implementation process continues within the six strategic directions envisaged under the action plan:
the rule of law, education and the state language, media and access to informatio
n, political integration
and civil participation, social and regional integration, culture and preservation of identity.


In December 2012 the State Inter
-
Agency Commission held its meeting in Tbilisi. Actually it was the
first meeting since the formation
of a new political leadership. The undergoing activities were under
consideration as well as future prospects. The second meeting was convened in April 2013 that aimed
at discussing 2012 report and 2013 action plan.


The Office of the State Minister for R
eintegration actively performs awareness rising campaigns in the
regions of Georgia; in cooperation with relevant agencies it supports the campaigns for healthcare
programs and new social policies for minorities, participates in cultural activities, and pr
ovides
assistance for infrastructural development projects and regional activities.


6


The Office has submitted 2012 Report on implementation of “National Concept and Action Plan for
Tolerance and Civic Integration” to the Cabinet of Ministers.


Within Dec
ember 2012
-

March 2013 the State Minister for Reintegration visited the regions of
Kakheti, Kvemo Kartli and Pankisi and held working meetings with the representatives of national
minorities. A wide range of problems were consi
dered and discussed. Among th
em
-

the further
development and strengthening of educational programs for national minorities, in particular, intense
learning programs of Georgian language at different levels.


Rule of Law (Minority)


The Agency for State Services and Development of the Ministry of Justice in cooperation with the
European
Centre

for Minority Issues (ECMI) and the
Centre

for Innovations and Reforms has started
the process of registration of Roma people. Within the period

of October
-
December 2 persons of Roma
identity were granted non
-
citizen status and 9 obtained the birth certificates. In January
-
April 2013 the
citizenship status was under review for 6 persons in Tbilisi. At the same time the Roma residents of
Mtskheta w
ere provided with judicial consultations; the documentation for 4 persons is under
preparation.


The Ministry of Justice has launched its work on the Non
-
Discrimination Law. In this regard, the
working group was created. The elaborated draft law will be in
troduced to expert community, civil
society institutions and a wide public for consideration.


Political Integration and Civil Participation


In

order

to

simplify

and

facilitate

equal

opportunities

in

the

electoral

environment

for

ethnic

minorities

in

the

2013

Presidential

Election

several

projects

are

under

implementation:



Involvement

of

youth

in

the

election

process;



Activation

of

women

voters;



Awareness

raising

among

electorate;



Translation

of

electoral

documentation;



Informing

political

parties

and

n
on
-
governmental

organizations.


The

above

mentioned

projects

imply

intensive

work

with

youth

and

women

through

conducting

seminars

and

training

on

electoral

process,

distribution

of

materials,

organizing

meetings

with

youth

and

women

leaders

to

consider

th
e

election

procedures.


A

special

attention

is

paid

to

the

awareness

raising

campaign

through

media.

In

this

regard,

ethnic

minorities

are

provided

with

daily

digests,

informational/promotional

advertisements

of

Central

Election

Commission,

political

talk
-
shows

that

are

translated

into

Armenian

and

Azerbaijani

languages

and

uploaded

in

regional

televisions.



The

electoral

documentation

including

the

list

of

ethnic

minorities

voters

are

translated

into

Armenian

and

Azerbaijani

languages

and

uploaded

on

Central

Election

Commission’s

web

page.



7


The

meetings

and

seminars

with

the

representatives

of

political

part
ies

and

non
-
governmental

organizations

were

planned

and

undertaken

in

the

Kvemo

Kartli,

Samtskhe
-
Javakheti

and

Kakhety

regions.



Implemented

activities

in

order

to

promote

and

facilitate

participation

of

representatives

of

ethnic

minorities

in

the

Electio
ns



Youths

visits

to

Central

Election

Commission

(CEC)

of

Georgia


On

March

30th,

pupils

from

high

schools

of

Samtskhe



Javakheti

region

visited

the

Central

Election

Commission

of

Georgia.

Schoolchildren

got

acquainted

with

the

working

principles

of

the

CEC

and

viewed

its

administration

building.

The

heads

of

various

departments

presented

detailed

information

on

the

activities

of

th
e

CEC.

Also

the

facilitators

of

the

Electoral

Systems

Development,

Reforms

and

Training

Centre

organised

seminars

on

the

importance

of

active

involvement

and

participation

in

the

elections.


Pupils

from

high

school

of

Kvemo
-
Kartli

region

also

visited

the

C
entral

Election

Commission

of

Georgia.

Schoolchildren

got

acquainted

with

the

working

principles

of

the

CEC

and

viewed

its

administration

building.

They

got

information

on

the

projects

concerning

Presidential

Election

October,

2013

for

the

electorate

-

eth
nic

minorities.

Also

the

facilitators

of

the

Electoral

Systems

Development,

Reforms

and

Training

Centre

organised

seminars

on

the

importance

of

active

involvement

and

participation

in

the

elections


On

June

10th,

students
-
ethnic

minorities,

who

were

enroll
ed

in

the

higher

education

institutions

via

special

program

“four

plus

one”,

visited

the

Central

Election

Commission

(CEC)

of

Georgia.

Students

got

acquainted

with

the

working

principles

of

the

CEC

and

viewed

its

administration

building.

Also

the

facilitat
ors

of

the

Electoral

Systems

Development,

Reforms

and

Training

Centre

organised

training

“Elections

-

Importance

of

participation”.




Awareness

raising

among

the

representatives

of

local

NGOs

and

community
-
based

organisations


The

members

of

the

Council

o
f

National

Minorities

under

the

auspices

of

Public

Defender's

Office

held

a

meeting

with

the

representatives

of

local

civil

society

actors

at

the

Central

Election

Commission

of

Georgia.

The

participants

got

acquainted

with

the

projects

implemented

within

2
012

Parliamentary

Elections

and

the

activities

planned

within

2013

Presidential

Elections

to

ensure

equal

election

environment

for

ethnic

minorities.

The

aforesaid

meeting

was

held

in

the

frame

of

cooperation

memorandum

signed

on

June

7th,

2012

between

the

Central

Election

Commission

and

the

Public

Defender's

Office

on

behalf

of

the

Council

of

National

Minorities

under

the

Public

Defender's

Office.


On

June

11
th
,

representatives

of

the

Central

Election

Commission

(CEC)

of

Georgia

and

Public

Defender’s

Office

of

Georgia

met

with

Elders

Council

in

Duisi

village

of

the

Pankisi

Gorge,

Kakheti

region.

They

were

provided

with

information

on

the

CEC

planned

activities

i
n

Pankisi

Gorge

for

the

Presidential

Elections

2013.


Grant

Program


8


The

Centre

for

Electoral

Systems

Development,

Reforms

and

Training

at

the

Central

Election

Commission

(CEC)

of

Georgia

for

the

purpose

of

informing

the

electorate,

representatives

of

ethn
ic

minorities

on

the

Presidential

Elections

October,

2013

has

announced

a

grant

competition.

(The

competition

results

will

be

announced

on

June

26
th,

2013)


Social and Regional Integration


The project


on systematic information of the representatives of
national minorities of Georgia
about reforms in health care and social fields


The Ministry of Labour, Health and Social Affairs of Georgia pays a special attention to the issue of
keeping the citizen’s regularly informed on reforms in healthcare. The main

objective of this project
was to give information to population about a new phase of the state insurance. In this regard, the
meetings with the national minority representatives were organized in Kvemo Kartli, Samtskhe
-
Javakheti and Kakheti regions. The i
nformation banner was designed and translated into Armenian and
Azerbaijani languages. The banner contains the full information on services provided within the state
insurance program. In the minority
-
populated regions bilingual banners are placed at visib
le for
beneficiaries locations. In the frame of the project, meetings with the population, representatives of
local government as well as medical personnel were held in Marneuli, Dmanisi, Bolnisi, Tsalka,
Akhalkalaki and Akhaltsikhe.



Training for youth


From February 27 to March 1, trainings on the "Healthy Donor" and "Principles of Volunteering and
Mobility" were conducting for youth in Marneuli. The training program was organized by Marneuli
Youth Center (Georgia), Blood Donor Association (Republic of A
zerbaijan) and Association
-

Youth
Contribution (Republic of Azerbaijan). Project aims at strengthening cooperation between Georgian
and Azerbaijani young people on the issues of blood donation, as well as sharing experience. The
project is supported by th
e Ministry of Youth and Sports of the Republic of Azerbaijan, Office of the
State Minister of Georgia for Reintegration and Marneuli municipality.


In November 2012 the State Screening Program campaign was organized for the population of Telavi
(Kakheti r
egion), Akhalkalaki (Samtskhe
-
Javakheti region) and Gardabani (Kvemo Kartli region). The
national minority representatives were provided in detail with information and materials on the
program; the specialists from National Screening Center explained the i
mportance of active
involvement of the population in the program.


Education and state language (minority)


General Education


One of the most important components of the program “Georgian Language for Future Success” run in
2011 by the Teachers’ Profes
sional Development Center (TPDC) under the Ministry of Education and
Science (MES) is to publish new textbooks of Georgian, as a second language, based on modern
methods of pedagogy. For the academic year of 2012
-
2013 I
-
IX levels of student’ textbooks, stu
dents’
workbooks and teachers’ books were published. Special CD is also included in each package. To make
education process more efficient, the TPDC developed computer games in line with each level of
9


textbooks. These games are uploaded on the MoES support
ed
www.buki.ge

website. All learning
materials are provided to all minority school students and teachers for free by the state. Development
of the textbooks is being continued and by the new academic year (2013
-
2014) te
xtbooks of X
-
XII
levels will be prepared and distributed to schools for the first semester of the academic year 2013
-
2014.


Within the program indicated, teachers and volunteer teachers are deployed in the regions of
Samtskhe
-
Javakheti, KvemoKartli and Ka
kheti to teach Georgian language and support local teachers.
More than 400 teachers have worked in these regions since 2011. In January 2013, 60 more teachers
were deployed to non
-
Georgian schools of Samtskhe
-
Javakheti, KvemoKartli and Kakheti regions.
Cur
rently, 280 teacher
-
consultants are deployed in 252 minority schools. During an orientation
training, certified teachers, who teach classes independently go through a short course of Azerbaijani
and Armenian languages.


Within the framework of the program a research among the directors of the non
-
Georgian schools was
conducted in April 2013. The goal of the research was to identify the strength and the weaknesses of
the program for reflection and future improvement.


Teachers’ Professional Development Center (TPDC) under the Ministry of Education and Science
(MES) is implementing program “Teach Georgian as the Second Language” aimed at improving state
language instruction and civic integration of ethnic minorities.

The

main essence of the program is to
send qualified teachers to the non
-
Georgian schools of Samtkhe
-
Javakheti, KvemoKartli and Kakheti
villages inhabited by ethnic minorities.
Simultaneously, selected teachers have been provided with
high monthly salary (100
0 GEL). Within the framework of the program, 75 master Georgian teachers
are deployed in minority regions, 69 of which work in minority schools, whereas 6 teachers are
employed by regional Georgian Language houses to train local teachers and public servant
s.


Exchange Program for Pupils


With the support of OSCE/HCNM, Armenian and Azerbaijani pupils of the final grades have
opportunity to spend one semester in Georgian environment, which is an important step towards
improving their knowledge of state langu
age and integration into the wider society. The exchange
pupil lives together with his/her classmate to support the adaptation and learning processes. Before
exchange process starts, pupils attend special training course, including teaching of Georgian
lan
guage.
The project is ongoing and supported by the Ministry of Education and Science and the
regional educational resource centers.

Additional information about this project can be reached at
www.argonauti.ge



1.1.
8
.
Inspector for Personal Data Protection


On December 28, 2011, the Georgian Parliament adopted the Law on Protection of Personal Data that
defines in details the issue of protection of personal data in private organizations and public agencies.

This law s
tipulates the creation of the office of Inspector for Personal Data Protection for the first time.

According to this law, Inspector for Personal Data Protection is an official who supervises the
implementation of the regulatory legislation on personal data

protection. He/she is an independent
10


official who is not subordinated to any agency or official; is vested with a mandate similar to that of
Public Defender and is elected for a three
-
year term.


The office of Inspector for Personal Data Protection is i
ncompatible with any public office or paid
employment. The holder of this office is not authorized to participate in political activities.


Duties of Inspector for Personal Data Protection include:




Inspection

of

personal

data

protection

in

any

public

or

private

agency;

to

this

end,

he/she

is

authorized

to

visit

any

agency

or

organization

and

become

acquainted

any

document

or

information,

regardless

of

its

content

and

format;



Review

applications

and

grievances;



Should

violations

be

identified,

he/she

is

a
uthorized

to

impose

fines;



Provide

consultations

to

public

agencies,

private

law

legal

entities,

and

individuals

on

issues

related

to

processing

and

protecting

data;



Educational

activities

on

issues

related

to

possessing

and

protecting

data;



Provide

the

Ge
orgian

Parliament

and

other

public

agencies

with

recommendations

aimed

to

improve

relevant

legislation

and

prepare

reports/opinions

on

laws

and

other

normative

acts

related

to

data

processing.


According to this law, Inspector for Personal Data Protection
is appointed by the Prime Minister. The
candidate for this office, however, is selected by a special commission comprising representatives of
the government, the parliament, the judiciary, the public defender, and non
-
governmental
organizations. This com
mission was created in full compliance with relevant procedures. The
members of the commission include:




Assistant

to

the

Prime

Minister

on

Human

Rights

and

Gender

Equality

Issues;



Chairperson

of

the

Human

Rights

Committee

of

the

Georgian

Parliament;



Repr
esentative

of

the

Administration

of

the

Supreme

Court

of

Georgia;



Deputy

Public

Defender;



Executive

Director

of

Transparency

International



Georgia.


This commission held an open competition to select a candidate for the office of inspector. Up to 150
pe
ople participated in the competition. Nearly thirty candidates passed the initial phase of the
competition, from whom the final candidate was eventually selected after a series of oral interviews.


In the process of selecting a candidate for the office of

inspector, the commission deployed several
main criteria: 1) impartiality, apolitical character and perseverance; 2) professionalism and experience;
3) managerial skills (which will be of vital importance for the first inspector since the office does not
exist and should be built from scratch); and 4) public relations skills.


The commission came to believe that the selected candidate fully complied with all requirements. The
Prime Minister upheld this opinion, and the inspector was appointed in accordanc
e with the law.


It should be noted that relevant budget financing and material/technical resources are necessary to
ensure the inspector’s effective performance. As noted above, no office or institution of this type has
11


ever existed in Georgia. It is in

the process of creation only now. This is why along with the
appointment of the inspector allocation of relevant budget resources is of utmost importance.


The Georgian Government is committed to ensure a healthy personal data protection system. The
government’s decision not only to appoint an inspector, but to provide him/her with all necessary
resources and allow him/her to carry out his/her duties independently and freely from any interference
bears witness to this commitment. The inspector has al
ready submitted accountancy documentation
and received consent to relevant financing from the Ministry of Finances.


When discussing personal data protection, it is important to touch on videos depicting personal and
business lives of public officials. Th
ese videos have been illegally collected by law
-
enforcements for
years. These videos depict personal lives of politicians, journalists, civil society activists, actors, and
other public figures. Naturally, the collection of these recordings represents an

illegal practice in all
respects. Thousands of illegal surveillance videos have been discovered.


The Georgian Government is willing to take the right steps and make proper decisions to uproot the
malignant practice that has gained a foothold in the coun
try throughout the years. In this process, the
Government will be guided by recommendations by Thomas Hammarberg,

EU's Special Adviser for
Legal and Constitutional Reform and Human Rights in Georgia
. The government accredits special
importance and meanin
g to these recommendations. In addition, as an agency in charge, the Ministry
of Interior took a number of very important steps in the right direction:




Civil

Oversight

Commission

was

established,

designed

to

define

procedures

to

destroy

these

illegal

re
cordings.

The

commission

comprises

Minister

of

Interior,

Prosecutor

General,

Public

Defender,

and

three

representatives

nominated

by

civil

society.

This

commission

works

intensively.

In

cooperation

with

this

commission,

the

government

takes

decisions

on

the

forms

and

procedures

of

the

destruction

of

these

recordings;



For

the

first

time

in

the

history

of

the

country,

a

senior

official,

Deputy

Minister

of

Interior,

was

charged

with

a

felony,

disclosure

of

confidential

information

and

blackmailing.

Deputy

Minister

allegedly

used

this

information

against

a

journalist.

Deputy

Minister

was

released

from

office,

and

procedures

stipulated

in

the

Criminal

Code

was

launched

against

him;



An

investigation

into

large
-
scale

crimes

is

underway,

these

crimes

involving

illegal

surveillance

of

the

lives

of

various

public

figures

through

years.


1.1.
9
.
Reform of the Judiciary


In January 2013 the Government of Georgia has submitted legislative amendments to the Parliament,
aiming at strengthening the independence and the integrity of the judiciary. Rules regulating
composition of the High Council of Justice, Administrative Commi
ttee of Judicial Conference and
Disciplinary Chamber for

disciplinary proceedings against judges will be overhauled to achieve wider
decentralization and balanced allocation of powers within the judiciary. Civil society involvement in
the decision
-
making o
n organizational issues of judiciary will be ensured.


The draft amendments were elaborated on the basis of international and European standards, including
Venice Commission Report on the

European Standards as regards the Independence of the Judicial
Syst
em. The recommendations of the coalition of civil society organisations working on the
independence of judiciary have been taken into account. In
November 2012 the public discussion of
12


the draft amendments was held with the participation of legislative, ex
ecutive, and judicial authorities,
foreign and international missions accredited to Georgia, as well as Georgian and foreign non
-
governmental organisations. In addition, representatives of the Supreme Court of Georgia and High
Council of Justice, the Coali
tion for Independent and Transparent Judiciary and other stakeholders
have been consulted. The final version of the draft

was submitted to the Venice Commission for

the
expertise. The draft was adopted by the Parliament by the third hearing. The amendments

entered into
force on May 20, 2013.


On June 9 Conference of Judges was held and 8 members of the High Council of Justice were selected
under the amended rules. Other 6 members are to be selected by the Parliament. The Parliament has
already elected 4 mem
bers of the Council and will soon elect others as well.


Further reforms are envisaged regarding the criteria for the appointment of judges and their promotion
in order to ensure full compliance with international and European standards regarding the
indep
endence of judiciary.


The directions of future reforms are enshrined in the draft strategy prepared based on the large
expertise available in the area of independence of judiciary within the Criminal Justice Reform
Council (
hereinafter
CJRC) and Judiciar
y WG, taking into account the suggestions and comments
received from the WG on the current strategy. Draft strategy was presented to the WG in 2012. It is
planned to present the revised draft to the renewed WG on Criminal Legislation. The Concept will be
s
ubsequently presented to and approved by CJRC on its next session to be held in June.


The process of establishment of an independent
Commission on Miscarriages of Justice
has been
initiated to address the much
-
debated instances of alleged injustice and malfunction of the judicial
system. With due process guarantees the independent Commission will study the court cases and in
case of any vivid instances of malfunction, will
submit these cases to the Court for review and
adjudication. The respective legislative amendments have been prepared through wide consultations
and policy dialogue. Finalized amendments have been sent to the Venice Commission for the opinion.


1.1.
10
.
En
hancing the e
ffectiveness of
the National Bureau of Enforcement

(
NBE
)


National Bureau of Enforcement of Georgia is a governmental institution operating under the auspices
of the Ministry of Justice of Georgia. It is a legal entity of public law with a wide range of
responsibilities and functions employing 400 professionals.



Although, the NBE is preferably engaged in the enforcement of judiciary and administrative decisions,
it also encompasses various public services such as: evaluation of property, arresting of the property of
rogue tax payers (in cooperation with revenue

service of ministry of finance of Georgia), insolvency
regulation, statements of facts, summary proceedings etc.



The NBE is a growing organization with dedicated management to sophisticate and proliferate its
functions and services. Reporting period wa
s no exception, and the Bureau implemented and
developed a number of projects and plans. The most significant of which will be recalled bellow:


Important projects were planned and developed in cooperation with the Swedish Enforcement
Authority, namely: th
e elaboration of the document of guiding principles on bankruptcy/insolvency
13


proceedings; development of new strategic plan for 2013
-
2015; introducing strategic approach to
safety and security issues; implementation and development of modern, efficient man
agement
methods. During 2012, the NBE has been successful in introducing new services and we will address
that topic as well. We will also cover the developments that occurred in the areas of preventive
communication and public relations as well as in the

field of e
-
enforcement.


Another major project that was successfully accomplished at the NBE was the EU Better Enforcement
System Through Twinning (BESTT) project, and we will focus your attention to its sizeable results as
well.


Elaboration of the docum
ent of guiding principles on bankruptcy/insolvency proceedings


Within the framework of the SIDA funded project on cooperation between the National Bureau of
Enforcement of the Ministry of Justice of Georgia (hereinafter NBE) and the Swedish Enforcement
Ag
ency, a working group (WG) has been established within NBE in order to develop the guiding
principles of bankruptcy/insolvency proceedings. The WG was tasked to further optimize the working
process, as well as to introduce unified and common professional w
orking standards of insolvency
proceedings at NBE. The WG continued its activity through 2012.


The main purpose with this activity was to visualize the bankruptcy process in Georgia in order to
develop the process map that constitute a baseline for future

strategic discussions of the role and
responsibilities of the NBE, as well as to unify routines. The timing for the development of a
bankruptcy mapping document was appropriate, as the NBE was given the responsibility to act as a
trustee in bankruptcy pro
ceedings since 2011. One of the major effects of the activity concerning
mapping of processes is that the NBE has become acquainted with the method of process mapping,
and is now able to use this methodology to carry out further mapping exercises on its ow
n. The NBE
has a well prepared staff, which can independently develop mapping documents for various business
processes based on these skills acquired from this activity.


Evaluation and revision of the 2010
-
2012 Strategic Plan of National Enforcement Burea
u


In 2012, within the framework of the SIDA funded project, the NBE developed Strategic Plan for
2013
-
2015. The existing strategic plan of NBE covered the period of 2010
-
2012 and needed
substantial revision based on the achievements already made, newly ad
ded functions and further
objectives defined by the NBE for coming years.


During 2012, a series of workshops were carried out, and were aimed at developing NBE models and
methods for strategic planning. Matters such as the NBE overall mission and vision
and the basic
values of the authority have been discussed and
analysed
. Society tendencies and trends, which may
have a long
-
term impact on the NBE, have also been listed; furthermore, the importance of designing a
strategic planning process for the NBE ha
s been emphasized. In addition, the SIDA
-
project and the
NBE with support from a local consulting company (Synergy Group LTD) and the project consultants
-

have developed a strategic 3
-
year plan. The task was completed in July 2012...


Introduction of
modern management methods at NBE


14


Cooperation between the NBE and the Swedish Enforcement Authority (SEA) was also aimed at
introducing new management tools and techniques, such as time management techniques, and
management methods of delegation, coaching
and feedback. The series of the management sessions
has provided the NBE managers to learn and use effective management toolkits in their everyday work
practice. Improved skills concerning these matters will become a sound platform for professional
growth
of NBE managers.


The SEA staff training effort resulted in raised awareness about coaching principles at the NBE, which
overall has raised the level of decision making skills, and an increased the sense of ownership and
responsibility of subordinates.


Th
e method of delegation serves the long
-
term goal of clear separation of the strategic and operational
layers of the NBE structure.


Time management and organization of daily work were main tools that resulted in increased
productivity of NBE staff.
Representatives of NBE management identified and developed several
methods that aimed to keep good professional records, collect and manage information, and keep focus
on results.


Developing strategic approach to safety/security issues


Another output of
the NBE and the SEA was the development of a draft strategic plan for safety and
security. This plan has brought awareness to the NBE on the importance of safety and security for all
staff in its working environment during its operations.


Due to the elab
oration of the draft strategic plan on safety and security, further steps will be taken by
the NBE, with the support of the Training Centre at the Ministry of Justice.


Introduction of new services


Implementation of Statement of Facts


In August 2012, th
e NBE offered its customers a new service, Statement of Facts on the basis of
French and Dutch experience and recommendations of foreign experts, social research and its
outcomes. Statement of Facts is a unique tool for the customer to identify an importan
t fact and to
obtain a record that will be used as evidence later.


The service may be applied, in everyday occurrences, e.g. prior to renting the property for identifying
its state; while making a gift; divorce; dividing property; for full inventory of th
e property while
inheriting it; for census of the work done when the goods don’t meet the contract terms; for protecting
copyrights; against piracy etc.



Statement of Facts can make significant contribution to the reduction of time of court proceedings in

many civil disputes and can encourage the protection of intellectual property.



Summary Proceedings

15



In May 2012, the NBE implemented one more service
-

Summary Proceedings. It enables parties to
handle pecuniary disputes efficiently and with fewer expenses; without any court procedures.


This sort of proceedings refer to cases where there is a written c
onfirmation of debt, namely, an
agreement, receipt or a comparison act that is not connected with any kind of obligation to bear some
responsibility.


This service had formerly been provided by the courts. Summary Proceedings are implemented in
many countr
ies worldwide. Accordingly, the NBE of Georgia introduced the service considering
foreign expertise (Swedish & French models) and legal practice.


Summary Proceedings include some mediation elements. Case Managers assist the parties in agreeing
on the debt

amount and the deadlines of payment. Consequently, both sides have an opportunity to get
a mutually acceptable solution.


Enhanced public relationship


In 2012, the NBE planned and organized several media seminars for journalists from almost every
central

and regional media outlet. The media representatives were able to get familiarized with the
NBE goals, key tasks, services and procedural details of their implementation.


TV commercials on Statement of Facts were made and aired.


During 2012, accounts
for the NBE were made on almost every form of social media. Accordingly,
channels on Facebook, Twitter, YouTube, LinkedIn and Google Plus were accrued.


In the course of reforms within the past year, the NBE in cooperation with consulting company
GEPRA, cr
eated concepts for brand image, brand book and developed a strategic approach to the
building of its public image.


Certain improvements were made regarding the website development in 2012. In September, the NBE
website was nominated as the most transparen
t webpage amongst 104 organizations, as a result of
monitoring of internet resources from Georgia’s public institutions conducted by Open Society
Georgia. According to the research results, the NBE website ranked #1 for having the highest
aggregate of tran
sparency and informatively coefficients. It’s worth mentioning that the website got
the 1st ranking twice, according to the monitoring conducted within the
side
-
lines

of the above
-
mentioned project.


Until 2012, the NBE website functioned in 2 languages (English and Georgian). Last year, a Russian
version was prepared, and some technical changes were made. Consequently, ethnical minorities in
Georgia who have a certain command in Russian, now have a su
bstantial understanding of services of
the NBE.


Preventive Communication


16


The National Bureau of Enforcement was also active in the field of preventive communication. A
public service announcement, in the form of video clip was designed and broadcasted n
ationwide to
diminish the number of poorly planned mortgage relationships and its negative consequences, such as
eviction.


The factual situation in Georgia is that the level of public awareness regarding personal economy and
negative consequences of indeb
tedness is very poor. The NBE sees it as its social responsibility, and
strives to enrich knowledge within society to reduce the number of harsh results of bearing
unnecessary pecuniary obligations. For this purpose, the NBE applies various tools to height
en the
awareness in this area, e.g. at the moment billboards for public service announcement will be installed
all across the capital of Georgia.


Preventive communication is one of the focal points for the National Bureau of Enforcement; this was
included as a working and developing issue in

the

Terms of References that institution generated in
cooperation with the EU Delegation in Georgia.



Software development


Improvements in software programs are a special point of consideration. Enforcement

officers are
now able to create documents and register enforcement activities online. The Software is integrated
with various institutions and their programs. IT efforts have been made since 2010, and it’s developed
on a yearly basis.



The following tren
ds were developed in 2012 regarding the enforcement proceedings software:




Electronic

search

and

attachment

of

a

debtor

property

was

integrated

with

several

institutions.




During

enforcement

proceedings,

an

enforcement

officer

meets

the

addressee

and

mak
es

a

protocol

or/and

census
-
attachment

act.




Software

on

enforcement

and

correspondence

were

integrated

and

all

sorts

of

correspondence

are

made

online

only

once



Enforcement

papers

are

automatically

generated

in

the

NBE

software

in

electronic

form.




Insolv
ency

proceedings

module

was

included

in

enforcement

proceedings

program



The

Module

for

the

business

process

of

statements

of

facts

was

designed

and

integrated

into

the

enforcement

proceedings

program.



EU Twinning BESTT Project


The NBE was part of the EU

twinning best project that ended April 2013, which aimed at increasing
the efficiency of the enforcement system, improving NBE performance and raising public awareness.


With the help of Project experts, the selected trainers developed training modules f
or issues like
auctions, summary proceedings, statement of facts, insolvency proceedings, and electronic flow of
documentation. This would help the NBE to develop an internal trainers group to raise qualifications
of new employees and interns.


17


Foreign exp
erts consulted NBE officers on the skills and expertise required on various stages of the
enforcement proceedings; various trainings were conducted to increase the knowledge and
skilfulness

of NBE employees in the area of public communication.


Sizeable
efforts were made to devise an academic enforcement manual. Its primary importance is for
students of the faculty of Law. It will support the Bureau in attracting talented recruits.
Simultaneously, the profession of enforcement will gain popularity with th
e younger generation. As a
result of this activity for first time in Georgia, meaningful academic resources covering all aspects of
enforcement system of the country were elaborated.


To sum up the chapter on the recent developments that have occurred at t
he National Bureau of
Enforcement of Georgia, it should be mentioned that the NBE is strongly on its way to cease its
reputation as a primarily punishing organization as recent surveys showed. Introduction of civil
services in the area of protection and th
e realization of one’s civil rights is gaining increasingly
optional character, which in sum corresponds to one of the missions of the NBE: to introduce and
develop customer oriented services.



1.1.
11.

Penitentiary, Probation and Legal Aid


Penitentiary
System Healthcare Strategy 2012
-
2013



The Medical Department of the MCLA closely cooperates with the
Ministry

of
Health
, Labor and
Social Affairs of
Georgia (
MoLHSA) on a number of issues. In this context, a penitentiary healthcare
strategy was adopted,
which envisages a series of specific reforms to be carried out by 2013, in order
to ensure the full harmonization of the penitentiary healthcare system with that of the civil sector.


These reforms include
:




Active

participation

of

the

MoHLSA

in

the

Penitentiary

Healthcare

Reform;



The

compliance

of

the

Penitentiary

System

medical

service

with

the

social,

economic

and

healthcare

policy

of

the

State;



The

equalization

of

the

Penitentiary

System

medical

service

with

the

European

and

existing

civil

sector

standards;



Prioritization

of

developing

a

special

approach

to

mental

health,

infectious

diseases

(TB,

hepatitis,

AIDS

etc.),

to

women

and

juveniles.


To Improve the primary healthcare at the penitentiary establish
ments the following activities
are
being
implemented:




Developing

and

equipping

the

penitentiary

establishments’

primary

healthcare

facilities

infrastructure

according

to

state

standards;



Piloting

the

primary

healthcare

service

system,

the

analysis

of

the

outcomes

and

its

extension

into

the

system;



Assuring

a

regular

training

process

of

the

medical

personnel;



Monitoring

of

the

primary

healthcare

facilities’

operation

and

quality

control;

18




Providing

the

penitentiary

establishments’

primary

healthcare

facilities

with

the

essential

m
edicines

app
roved

by

the

MoHLSA.


The strategy is based on a healthcare needs study at the Georgian penitentiary system,
recommendations by European Committee for the Prevention of Torture and Georgian Public
Defender, Council of Europe, International Committee of the

Red Cross, UN and WHO with regard to
the penitentiary healthcare system, as well as the Common Strategy of Criminal Law Reform
developed by Georgian Government.


In the framework of the above
-
mentioned strategy the following principles have been developed
:
the
compliance of the Penitentiary System medical service with the social, economic and healthcare policy
of the State;

the equalization of the
Penitentiary System medical service with the European and
existing civil sector standards;

the prioritization
of developing a special approach to mental health,
infectious diseases (TB, hepatitis, AIDS etc.), women and juveniles. Based on these principles:




The

health

budget

has

increased

by

about

40%

for

the

estimated

18

000

prisoners.

Following

the

amnesty,

an
nual

expenditures

for

one

convicted

person

on

health

care

increased

from

180

U.S.

dollars

to

670

U.S




Medical

personnel’s

salaries

increased

by

an

average

of

60%

and

has

become

competitive

with

the

civilian

sector

(average

doctor's

salary

from

750

-

to

120
0

GEL,

nurse

salary

from

350

-

to

600

GEL);



The

reorganization

of

the

medical

department

-

modern

standard

and

trained

management

of

primary

health

care,

specialized

medical

care..



The

independence

of

medical

services

and

physicians

has

increased

-

Doctors

Medical

decisions

are

taken

independently,

without

interference

from

the

administration;



Access

to

adequate

and

qualified

medical

services

has

improved.

During

the

reporting

period,

at

the

expense

of

ministry

(MCLA),

more

than

5280

defendants

were

relocated

to

the

hospital

for

diagnosis,

outpatient

and

inpatient

treatment

(For

comparison:

in

the

same

period

in

2012,

only

665

defendants

were

hospitalized);



An

active

campaign

to

reduce

the

consumption

and

dependence

of

psychotropic

drugs

was

started.

We

have

evidence

that

after

2007,

hundreds

of

convicted

persons

became

depended

on

psychotropic

drugs.

Now,

the

ministry

is

making

efforts

to

ease

this

dependency.

To

reduce

this

dependence,

the

ministry

designed

a

new

medical

protocol,

in

which

dozens

of

patients

are

undergoing

treatment

in

both

local

medical

units

and

in

Addiction

Clinics.

At

this

time,

the

consumption

of

drugs

has

significantly

been

reduced

in

respective

facilities;



Preventive

tools

are

available

free

of

charge

and

anonymously

in

all

fac
ilities,

which

helps

to

reduce

damage;



The

supply

of

drugs

has

been

improved,

as

it

is

designed

in

the

WHO

recommendations,

(despite

the

decreasing

number

of

convicts

by

2

times,

drug

prescriptions

according

to

medical

purposes

have

increased

by

2.5

tim
es).

A

special

standard

was

developed

for

the

penitentiary

health

care

medicines

to

classify

the

demand,

proscription,

purchase

and

delivery

of

drugs.



In

2012,

construction

of

a

new

special

building

designated

for

TB

patients

was

completed,

which

will

cert
ainly

help

minimize

the

risk

of

spreading

the

TB

infection.

Based

on

TB

resistance

forms,

all

inmates

with

MDR+

profiles

from

all

penitentiary

establishments

will

be

moved

to

this

new

building.

The

building

has

been

designed

in

collaboration

with

a

group

of

experts

from

the

National

Centre

for

Tuberculosis

and

Lung

Diseases,

in

order

to

incorporate,

starting

from

the

very

early

project

phase,

all

relevant

requirements,

standards

and

safety

19


measures

that

will

help

to

manage

the

disease

efficiently.

For

exam
ple,

all

wards

will

be

equipped

with

a

special

ventilation

system

to

allow

sufficient

inward

and

outward

flow

of

air;

to

avoid

mixing

of

patients

with

differing

TB

profiles,

the

building

will

have

separate

walking

areas

for

different

groups

of

patients.



Fo
od

ration

and

quality

has

been

considerably

improved.

(dairy

products,

honey,

meat,

etc.

have

been

added);

A

new

standard

for

food

has

been

created

and

implemented,

which

is

target
-
oriented

for

different

physical

activity,

health

status

and

category

of

con
victs.

Food

standards

are

in

line

with

both

National

and

European

standards;



A

prison

hospital

reorganization

and

renewal

process

has

begun.

The

personnel

will

be

renewed

and

the

structural

modernization

of

the

hospital

will

start.

This

process

will

be

co
mpleted

in

August

2013;



An

electronic

health

care

system

was

prepared,

and

introduced

in

May,

2013

and

will

ensure

the

continuity

and

the

automatic

exchange

of

medical

histories

and

data;



Applications

and

a

complaints

response

mechanism

were

created

which

work

on

the

principle

of

911,

and

will

provide

immediate

medical

attention

as

soon

as

it

becomes

fully

operational

after

adjustments

;




The

composition

and

regulation

of

the

Joint

Commissi
on

(MCLA,

MHLSA)

has

been

updated.

The

Commission

makes

decisions

about

the

release

of

prisoners

based

on

their

health

condition.

The

regulation

took

into

account

all

the

recommendations

of

Civil

Society

and

the

Ombudsman's

Office.

In

the

last

6

months,

72

convicts

were

released

because

of

illness

and

elderly

age.

Even

taking

into

account

high

mortality

rate,

none

of

the

convicted

persons

were

released

due

to

an

illness

in

previous

3

years;



The

list

of

diseases

that

are

used

for

the

evaluation

of

prisoners

with

a

serious

illness

has

been

updated

according

to

"ICD

10"

International

Standards

of

Classification

and

Diagnostics,

with

the

direct

participation

of

civil

society

and

the

medical

associations

.




Held

prevention

and

vaccination

campaign

for

inmates

an
d

penitentiary

health

care

personnel,

against

the

“Epidemic

of

measles”




A

federal

program

on

prevention,

diagnosis

and

treatment

of

C
-
type

hepatitis,

has

been

developed

and

it

should

be

initiated

in

the

current

year;



Introduction

of

a

primary

health

care

model

in

the

penitentiary

system

continues

;



The

mortality

rate

significantly

decreased.

It

was

65

-

cases

per

10

000

prisoners

during

the

last

3

years;

according

to

statistics

in

the

last

6

months,

it

was

reduced

to

27

-

cases

per

10

000

prisoners.



An

a
dvisory

panel

has

been

staffed

by

physicians,

which

provides

doctors

in

the

prison

health

care

system

access

to

civilian

sector

qualified

doctors.



A

Signed

a

memorandum

on

cooperation

between

the

government

and

several

international

donor

organizations,

in
cluding

those

of

the

EU

and

USAs

well

as

Agency

for

International

Development,

the

International

Red

Cross,

the

Council

of

Europe

and

others,

was

signed.;



On

May

22,

2013

MCLA

announced

a

large
-
scale

contest

for

the

selection

of

all

of

the

medical

personne
l

in

the

Penitentiary

Health

care

system.

Through

the

competition,

management,

doctors,

junior

doctors

and

other

medical

personnel

will

be

renewed

in

penitentiary

hospitals

and

primary

care

units.

In

the

organization

of

the

contest,

the

Ministry

of

Labour
,

Health

and

Social

Affairs

and

the

Medical

Association

of

Georgia

are

involved.

The

selected

candidates,

prior

to

start

working,

will

undergo

the

Minnesota

Multiphasic

Personality

Inventory

assessment

test

(MMPI)


20



Penitentiary and Probation Training Centr
e (PPTC)


Raising personnel qualification

was announced as a top priority of the MCLA. A Penitentiary and
Probation Training Centre (PPTC) provides various training programs and contributes to the
professional development of personnel working within the system of the MCLA.


2012
-
13 has been a re
formative year in terms of creating new training modules. Long
-
term, short
-
term
and entry
-
level training modules have been developed. PPTC provides trainings for the Penitentiary
Department of the MCLA in various subjects, including: minimum use of force,

human rights,
legislative novelties, stress management, communication skills, interviewing, disciplinary
responsibility, administrative detention, children’s rights, assessment of children’s needs and risks,
treatment of juveniles and female inmates, form
s of working with drug addicted persons, National
Prevention Mechanism, universal officer.


All primary basic training programs for the Penitentiary Department includes topics on prohibition of
torture and are based on international standards of human rig
hts, the European Convention on Human