Comment articles from our contributors
Did the police action on May 26 comply with international standards?
The government’s response to police violence on May 26, 2011, was clearly insufficient and inadequate and encourages a syndrome of impunity, writes Tamta Mikeladze, lawyer with Georgian Young Lawyer’s Association. The assembly held outside parliament on May 25-26 was peaceful in general, which, according to applicable international standards, imposed an obligation on the state to resort [...]
Provincial socialism and provincial liberalism
A conference of the Georgian national platform of the Eastern Partnership Civil Society Forum took place in Tbilisi, in the Courtyard Marriott Hotel, on November 24, 2011. Its main objectives were to discuss and endorse the articles of the platform and the code of conduct of member organisations, and elect governing bodies. The discussion turned into [...]
Georgian Labyrinth of Freedom of Information
Two weeks ago I decided to express in writing my humble personal opinion on the practice of freedom of information in Georgia. I did not actually have to think a lot, and why should have I anyways? As this year only I’ve witnessed so many problems and strange things about freedom of information that I concluded [...]
Georgia and NATO
Georgia with all its successes and challenges, once again is becoming a significantly important case for the USA and the EU, especially in the foreground of the events, which are unfolding in Russia. Georgia’s democratic development, its success in formation of a modern, European and welfare state, will significantly influence the development of political process even [...]
Impartiality and Georgian Courts
Almost a century ago an English judge, Lord Chief Justice Hewart, pronounced his famous aphorism: “… it is not merely of some importance but is of fundamental importance, that justice should not only be done, but should manifestly and undoubtedly be seen to be done.” (R v Sussex Justices; Ex parte McCarthy [1924]). Since then these [...]
Who is protected by the Georgian government – entrepreneur or the consumer?
According to the EU Charter of Fundamental rights, an integral part of European values is that the government protects the consumer’s rights. But while the Georgian government claims to be on course towards integration with Europe, it still manages to do this integration in a way so that the Georgian consumers’ interests are harmed. In 2010, [...]
Civil Society – Fight for Resources
The entry of a new political force into the Georgian political landscape in the autumn 2001 has focused the spotlight on Georgian civil society organisations (CSO). There is an evident increase in demand for their services nowadays. The Georgian society has become more active in recent times and the CSOs have a potential to play an [...]
Brief Overview of Human Rights Problems in Georgia 2011
Human Rights Day is celebrated on December 10. In order to mark the celebration, I would like to offer the public a brief overview of human rights problems revealed throughout the year in Georgia. The human rights protection of which was the most problematic in Georgia during 2011: Right to a fair trial – the problem [...]
Trends of IDP Eviction and Resettlement in Georgia
Cases of Eviction of IDPs from different buildings by means of police have recently become rather frequent. With regard to each of such evictions, the government is referring to the State Strategy and Action Plan for IDPs and declares that IDPs are offered with rehabilitated apartments in return. On the other hand, IDPs consider that the [...]
Is Georgia a part of, or apart from, the Open Government Partnership?
In September 2011,Georgiaopenly announced its aspirations to become a part of Open Government Partnership. Unfortunately,Georgia’s population is not aware of what kind of commitmentsGeorgia’s government must make in order to become a member of OGP. It is, no doubt, a positive step for Georgia if our government takes and implements obligations to open our government for [...]
Maestro – the channel that doesn’t lie
It might sound like stating the obvious when a TV company markets itself by saying 'we are the ones who don't lie to you'. But in Georgia, it is not a given that TV don't fabricate news. It is actually the easiest way to set yourself apart from the current national networks. Georgia has in recent [...]
Reasons Behind Unjustly Low Monetary Compensation for Victims of Soviet Era Repressions
Monetary compensation, awarded to victims of Soviet political repressions and/or their heirs through national court proceedings, has remained one of the most widely discussed issues in Georgian society for more than a year. Not long ago, even “Rustavi 2,” Georgia’s most watched TV network, dedicated a special report to the subject during one of its popular [...]
The new political centre and the new chance
The autumn of 2011 was marked with increased political activity in Georgia. It would not be an exaggeration to say that a wealthy Georgian businessman Bidzina Ivanishvili’s emergence on the Georgian political scene as a major opposition figure was widely regarded in Georgia as an event of the same magnitude as the Russian-Georgian war of 2008. [...]
Neo-patrimonial Society and Hybrid Regime in Georgia
On Monday, November 21, 2011, in the conference hall of the Georgian Parliament Library, I was to hold a presentation on the topic: “Government’s Dilemma in a Neo-patrimonial Society: Institutionalisation of Democracy or Destruction of Clientelism?“ The presentation was blocked by an invisible hand phone call - one of three invited members of parliament or the [...]
Guarantees of Impartiality for Georgian Juries
Nowadays, in Georgia jury trials are the hot topic. The first ever jury trial in Georgian legal history has returned a guilty verdict in an aggravated murder case in Tbilisi City Court. Even this first practice with jury trials has revealed some legislative flaws relating to outside influence on the jury, which most definitely comes from [...]
Election-year budget or election budget?
An election year budget is seen by economists is significantly different from a non-election year budget. In this regard, the budget expenditure is very interesting, which represents the government expenditure policy in the forms of various activities. In the budget expenditure part we see expenses, which can be directly or non-directly considered as to increase the [...]
Proactive Transparency in Georgia
The “Institute for Development of Freedom of Information” has been conducting monitoring the level of informational transparency of the official web-pages of public institutions of Georgia for already a few years, starting from 2009. The results of the 2010 study, the evaluation parameters and the methodology are placed on the web-site of the institute: http://www.idfi.ge/?cat=monitoring_2010_new&lang=en It [...]
We and the conflict regions population
"Disobedient Satellites" First tour of the presidential elections was held in the former South Ossetia on November 13. Kremlin candidate Bibilov, who was openly supported by the Russian Presidential administration and Prime Minister Putin, not only failed to gain a convincing victory, but gathered only 25% of the votes. Not even a speech of Konstantin Kasachov, [...]
Employment and Unemployment Trends in Georgia
In order to assess the economic condition of a country, economists look at a various number of statistics. Besides the level of real Gross Domestic Product (GDP) that measures the country’s economic output, one statistic that attracts attention from the economists as well as the general public is the unemployment rate in the country. Unemployment imposes [...]
Judiciary’s Inadequate Level of Transparency as an Intended Governmental Policy
The judiciary’s inadequate level of transparency remains both a main issue and challenge in Georgia. Though the judicial system has undergone numerous reforms in recent years, these reforms did not preserve or promote a more open judiciary, and in fact, judicial transparency was targeted most effectively by the establishment of a closed court system. As a [...]
Georgian Competition Way to EU
“Antitrust laws … are the Magna Carta of free enterprise. They are as important to the preservation of economic freedom and our free-enterprise system as Bill of Rights is to the protection of our fundamental personal freedoms.” (The Supreme Court, United States v. Topco Associates, Inc. 1972) Georgia heads towards integration into the EU, [...]
Strictest Punishments for Minor Violations and Ignored Human Rights
Around 4 000 people are sentenced to administrative imprisonment in Georgia every year. Administrative imprisonment is a purely Soviet mechanism, which remains in effect only in some post-Soviet countries (with the exception of Germany and Austria, where it operates in a different way) and which is broadly used and utilized to the full extent in Georgia. [...]
Waiting for the next exam
Neither the government, nor the opposition, nor civil society passed the democracy exam on November 7, 2007. I’m not writing memoirs about November 7, 2007; nor am I writing a requiem for the young Georgian state. I don’t even want to remember the government's hot-headed actions – how they showed no mercy to citizens or even media equipment. [...]
Legal review of the case of Bidzina Ivanishvili and Ekaterine Khvedelidze
The reason of writing this article is an unstoppable speculation of the government representatives regarding the revocation of citizenship of Bidzina Ivanishvili and his wife Ekaterine Khvedelidze and the allegations that the revocation was a result of obtaining French citizenship and thereby violating the Georgian constitution by both of them. I have already noted a number [...]
Risk of corruption in Georgia
“Georgia is number one country fighting corruption”- we frequently hear this message from Georgian Government. Government representatives talk about the achievements in fighting corruption but their opponents underline number of failures in this regards. There are also talks about elite corruption as well and some people think such kind of corruption exists in the upper bureaucracy [...]
Open Government Partnership Initiative and Georgia – New Challenges
On August 30, 2011, Georgia responded to the invitation of the President of the United States Barack Obama and the Brazilian President Dilma Rouseff and officially expressed its readiness to actively participate in the Open Government Partnership initiative as “a regional leader” and to address the challenges of open governance in the 21st century http://www.opengovpartnership.org/countries/georgia . [...]
Should we expect more unexpected initiatives regarding party financing?
On 22 October, local non-government organizations met representatives of the Analytical Department of the Ministry of Justice. At the meeting, the Ministry declared that it intends to present legislative initiatives regarding party financing to the parliament of Georgia which would reflect the recommendations offered by local and international organizations (GRECO, CoU) meant to deal with corruption [...]
Drawbacks of a speedy legislative process
After the “Rose Revolution” a period of numerous reforms started in Georgia. Mostly, reforms required to amend legislation and thus, to hold parliamentary discussions. Unfortunately, the Parliament of Georgia step-by-step lost a role of a place, where professional discussion should take place on every presented amendment. First reason of that is an ownership of constitutional majority [...]
“We Are Unafraid of Saakashvili’s Attempt at a Pre-Halloween Massacre”
More than a decade ago, Mikheil Saakashvili got his start in Georgian politics in the Tbilisi city council – before the Rose Revolution and the toppling of Eduard Shevardnadze that brought Saakashvili and his United National Movement (UNM) to power. Despite all the changes Georgia has witnessed since that time, back then the capital [...]
The 2011 political wine season
The year 2011 proved itself strange. Saakashvili’s government had long been creating many difficulties for its citizens – economic, legal, political. Unhappy people hoped for the opposition. The opposition split into two parts; one focusing on protest rallies, the other on improving the election environment. Neither was able to undermine or even shake Saakashvili's government. People [...]
If Georgia wants to have fair elections…
A number of circumstances determine fairness of elections in Georgia. Among them are the electoral system, transparency of political party financing, the scale of the use of administrative resources for the purpose of party campaigning, accuracy of the voters’ list, the level of civic education, the existence of free media, independent judiciary, active civil society and [...]
“Two Roads Diverged in a Yellow Wood”
How Will Saakashvili Chart His Path Into the History Books? The last couple weeks have probably not been fun ones for Georgia’s government, or, more aptly, the political machinery that has long ensured its lock on power. Until now, with comfortably high poll ratings from 2008 to the present, President Mikheil Saakashvili’s United National Movement didn’t [...]
Access to public information in Georgia
“According to the survey, which was carried out in 80 counties of the world, Georgia is the first country after New Zealand in terms of the most effective and transparent functioning of the state office. Nothing to say about Russia, Venezuela and other countries, even France, Germany and Japan are behind us in the list of [...]
State of the Judiciary in Georgia
The quality and degree of democracy and freedom in a state, among some other factors, depends on the level of judicial independence. The principle that the judiciary must be independent from both legislative and executive branches of government is built in a constitutional idea of the separation of powers. Furthermore, judicial independence is one of the [...]
10 years after the peace plan
Almost 10 years have passed since the UN, in an attempt to help solve the Abkhaz conflict, launched the Document on "Distribution of Competences between Sukhumi and Tbilisi". Basically, this was an effort to have the Abkhaz and the Georgian sides to the conflict sit down at the negotiating table and work out modalities for a [...]
Myths about the Georgian Economy
During the reforming of post-revolutionary Georgia’s economy, significant experience has been accumulated in this field, both positive and negative. A plethora of myths about post-revolutionary Georgia have been created. The most accepted myths about Georgia’s economy need to be debunked. Myth 1: “Georgia—A Country of Neo-Liberal Reforms” Georgia received this status thanks to the enumerated successes [...]
Improving the election environment in Georgia
Georgian society has a history of discussions, disputes, criticism and disagreements around the election environment and election legislation. As an new election approaches, the Parliament of Georgia starts a process of amending the Election Code, and as a rule, a few months prior to the elections significant amendments are made to the legislation. Again the county [...]
Disenfranchisement of a Georgian Tycoon: Was It Lawful?
In just a couple of days after Bidzina Ivanishvili, a Georgian billionaire known internationally as Boris Ivanishvili, had announced his plans to establish his own political party, to run for the parliamentary and presidential elections due in 2012 and 2013, to win decisively both elections, and to set up a new one-party government, the Georgian authorities [...]