Day: January 26, 2024
The foreign ministers of Venezuela and Guyana have confirmed, at a meeting in the Brazilian capital, Brasilia, their readiness to engage in a dialogue to resolve the neighboring South American countries’ longstanding territorial dispute, the G1 news portal reported, citing statements by the top diplomats, Azernews reports, citing TASS.
On January 26, eight people arrested on administrative charges during the Kekelidze Street eviction standoff with the authorities were each fined GEL 2000 (around USD 750), the Social Justice Center, which defended seven of the eight defendants in court, confirmed to Civil.ge. According to the same information, the eighth person fined was defended in court by the Georgian Young Lawyers’ Association.
On January 23, a dramatic eviction on Kekelidze Street in Tbilisi turned into a tense standoff between authorities, the evicted family and a group of protesters. Officers from the National Bureau of Enforcement arrived in the morning to carry out the eviction, but were met with fierce resistance from the apartment’s residents and supporters.
Two people, Giorgi Khasaia and Akaki Chikobava, were charged under the Criminal Code of Georgia for damaging the car of the National Bureau of Investigation and were later sentenced to pre-trial detention. Another 18 people were arrested on administrative charges for allegedly disobeying lawful police orders and disturbing public order.
To be updated…
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A new Eastern Partnership (EaP) Index was released on January 24. The edition tracks reform progress in the areas of democracy, good governance, rule of law, policy convergence, and sustainable development between September 2021 and November 2023. The document shows the impact of Russia’s war of aggression against Ukraine and its effect on the reform progress of the six Eastern Partnership (EaP) countries (Moldova, Ukraine, Georgia, Armenia, Azerbaijan and Belarus) and their rapprochement with the European Union.
The EaP Index is produced by the Eastern Partnership Civil Society Forum with the financial support of the European Union. The present edition is the 9th one, previous was published in 2021.
The 2023 Index ranks Moldova in first place with a score of 0.7, followed by Ukraine in second place with a score of 0.66. Georgia ranks third with an overall score of 0.63. Armenia, Azerbaijan, and Belarus rank fourth (0.61), fifth (0.47), and sixth (0.45), respectively.
Civil.ge has delved into the voluminous document to bring you the details.
Georgia: General Evaluation
Regarding Georgia, the document reads: “Georgia lost considerable ground across both democracy and good governance, and policy convergence indicators, in fact Georgia’s performance was characterized by a significant downwards drift, if not a sharp plunge in many areas which reflects the country’s political polarization. Significant decreases occurred in almost all thematic areas overseen by this Index, (namely democratic rights, elections and political pluralism, the fight against corruption, human rights protection mechanisms, state accountability, independent media, public administration, market economy, freedom, security and justice, and environment and climate policy), with the exception of freedom of assembly, under the thematic area ‘freedom of opinion and expression, freedom of assembly and association.”
Democratic Rights, Elections and Political Pluralism
The document notes that “Georgia’s political polarization and conspicuous dealignment from international best practices in democracy and pluralism” is a “cause for concern”. It also says that Georgia has experienced the biggest decline in this area among the other EaP countries.
Regarding the two rounds of the 2021 Municipal Elections, the report notes that there were shortcomings in the conduct of the elections. It refers to the ODIHR report, which spoke of allegations of vote buying. The document also notes that the elections helped the ruling party to strengthen its position at the regional level.
Regarding electoral reforms, the document positively assesses the introduction of the digitization of future elections, noting that it will help the country meet one of the EU’s recommendations. However, it notes that if only 90% of the electoral process is digitized, this could prevent the rest of the population from participating in the elections. “Its ‘partial’ introduction (90% of voters) would leave non-electronic voting districts still vulnerable to fraud,” – says the report.
The document emphasizes that the electoral process is compromised by the ruling party’s informal control over the selection of CEC members, “which pushes the country away from European norms in this important sphere.”
Human Rights Protection Mechanisms
Georgia’s score also fell in the area of human rights protection, as a result of the “ruling party’s inclination for dishing out selective justice, pursuing politically motivated persecutions of its opponents, as well as attempting to stifle freedoms of association and expression, which have cast long shadows onto human rights,” – the report says.
The report highlights the rise of “weaponized legalism,” referring to the creation and use of laws by authorities in a way that appears to conform to international practices, but in fact these laws “are used to serve the political ends of the ruling parties”. The Index issue says that “weaponized legalism” has become pervasive in Georgia, along with Belarus and Azerbaijan, and it “has had deleterious effects on human rights conditions in all three states.”
The report notes that “growing concerns about the deteriorating human rights situation in Georgia were sparked by the arrest of Nika Gvaramia, head of the opposition-leaning Mtavari Arkhi television channel”. The document states that the arrest was widely contested by civil society and international human rights groups as politically motivated. Although he was released in June 2023 following a pardon by President Salome Zourabichvili, “the unlawful detention of even one journalist is a red flag and reflects a decline in human rights and independent media standards,” says the report.
Regarding the Ombudsman’s institute the report notes that “in Georgia, the selection process for the new Ombudsperson was criticized for its lack of transparency and insufficient public consultation, adding however that Levan Ioseliani, the vice-Speaker of the Parliament assumed the role with multi-party support, including from the opposition.
A CASE STUDY: The report includes a case study from Georgia that examines the “subordination of human rights protection to politicization.” The case examines developments surrounding the abolition of the State Inspectorate and the decision to “remodel” it into two bodies. The report finds that the restructuring process deviated “quite sharply” from international practice and standards, raising concerns about political interference. These concerns were exacerbated by the timing of the decision “given that the decision grew around the same time as the State Inspector opened investigations into the possible ill-treatment and violation of data protection laws regarding jailed ex-President Mikheil Saakashvili.” The report notes that the decision was taken without proper stakeholder consultations. State Inspector Londa Toloraia labelled the new law “the most non-European law” thereby highlighting the Georgian Dream‘s deviation from EU norms and principles. Despite all concerns, on 13 January 2022, the Georgian President abolished the State Inspector’s Service, and introduced two separate institutions: the Special Investigative Service and the Personal Data Protection Service.
State Accountability
While Georgia remains at the top of the pile “a marked decline is evident, which when considered alongside other related Index findings suggest that state accountability is worsening at a rate faster than the score might show”, the report says.
The document highlights political polarization and regression in the rule of law, which have affected the quality of government accountability. It adds that these two factors have also affected the oversight role of Parliament. It is noted that “the majority can still block the minority by boycotting the registration of a committee or by acting in such a way as to delay the delivery of a committee’s findings, which can mean the withdrawal of a draft law if the term of the session is allowed to expire.”
In addition, the report points to the government’s resistance to appointing opposition members to chair several key committees, as per EU recommendation, which hampers government accountability.
Freedom of Opinion and Expression, Freedom of Assembly and Association
The report identifies Georgia, along with Armenia and Azerbaijan, as a country where “excessive use of force against demonstrators and journalists covering the demonstrations” was recorded. In these countries, “law enforcers enjoy substantial degrees of impunity,” – the report notes.
The document notes “the declining state of relations between the government and civil society. The document notes that the problems of freedom of assembly in Georgia became a major issue in national politics in 2023, referring to the March 7-9 protests against the so-called “Russian law” on foreign agents. “In essence, the law was a conspicuous move to stifle anti-government dissent and pro-Europe CSOs,” – says the report.
“During these protests, law enforcement agencies resorted to excessive force, deploying tear gas, water cannons and stun grenades”, says the report, noting that according to the Georgian Ombudsman, the protest was essentially peaceful at the time of the warning made by the Ministry of Internal Affairs, and there was no reason to terminate it or to use force.
Independent Judiciary
Despite becoming an EU candidate country, Georgia is heavily criticized for its judicial system, which the report says is “prone to acute politicization, weak in the face of oligarchic power, and appears deeply impervious to the types of systemic reforms expected by the EU.” Moreover, the report states that the weakness of the judiciary was one of the main reasons why Georgia was denied EU candidate status in 2022, when Moldova and Ukraine were granted it.
Regarding the politicization of the judiciary, the report notes that judges in Georgia are vulnerable to political pressure, especially in cases involving politically sensitive issues and individuals.
The report notes the politicization of judicial appointments, as seen in the “dubious appointment” of Mikheil Chinchaladze by the High Council of Justice to the chairmanship of the Appellate Court, “which appeared to be a case of direct political interference and thus an undermining of judicial independence.” The document states that the independent media and CSOs claim that a ‘judicial clan’ is at work in Georgia, and that the ruling party controls the courts and in so doing, damages the country’s European path.
The report says that the assignment of cases to judges “does not correspond to international best practice”. Georgia also faces problems with the publication and accessibility of judicial decisions, as well as availability of the court decisions online. These examples “highlight Georgia’s significant lack of alignment with international best practice and EU norms around judicial independence,” the document notes.
Equal Opportunities and Non-Discrimination
In this regard, Georgia is criticized primarily for the rights of the LGBT+ community. The report states: “Despite being an EU candidate state Georgia’s anti-discrimination performance in relation to ensuring LGBTQIA+ equality is strongly inconsistent with EU norms and contradicts the priorities that Georgia must meet to be considered for membership.” It also stresses the ruling Government’s routinely homophobic rhetoric. The report additionally notes the fact that the new National Strategy on Protections of Human Rights for 2022-2030 excludes combating discrimination based on sexual orientation or gender identity, “which is a major shortcoming in relation to protecting LGBTQIA+ rights in Georgia and is a normative misalignment with the EU.”
The report states that the ruling Georgian Dream party “routinely ratchets up homophobic rhetoric to distract from pressing political and social issues.”
Fight Against Corruption
“Georgia is a prime example of how backsliding in the fight against corruption can transpire when a country is politically polarized,” – emphasizes the report, adding that the Government “deprioritized the fight against corruption and even appears to have vested interests in a state of inertia.”
The report recalls that there has been no update of the National Action Plan since 2020 and Georgia became the only country to refuse an Anti-Corruption assessment by the OECD. It is also noted that Georgia missed the two-year action plan cycle of the Open Government Partnership (OGP).
The report gives a positive assessment of the creation of the Anti-Corruption Bureau in Georgia, Whilst civil society groups saw the new Anti-Corruption Bureau in Georgia as a positive step, “concerns were raised regarding the extent to which it would be truly independent, properly funded and have sufficient powers of investigation.”
Public Administration
Georgia, “where political loyalties matter,” has seen a “sharp decline” in the quality of its public administration. The report highlights the partial reason for this, which is the decline in public deliberation on draft legislation. “Georgia government has for the past two years ignored its Open Government commitments and its responsibility for open public consultations,” – the report reads.
Market Economy and DCFTA
The document notes that trade between the EU and EaP states has steadily risen over the past decade, though at a bilateral level the relative importance of the EU as a trade partner varies.
Georgia have advanced their normative alignment with the EU around trade. In 2022, the EU accounted for 21% of Georgia’s total trade, the EU thus being the single biggest trade partner.
Georgia, along with Ukraine, and Moldova is “steadily aligning with intellectual property rights legislation” having to address “some residual diverges to become fully aligned with EU IPR rules.”
In the sphere of technical barriers to trade Georgia recorded progress by obtaining the status of affiliate members of European Committee for Standardization.
Associated Trio – “a Less Distinct Entity”
The latest edition of the Index notes the trend of the associated Trio becoming “less distinct entity”. It says: “Ukraine and Moldova are lurching forwards in their EU approximation and are on the cusp of commencing their accession process, which sets them apart from Georgia.”
Noting that although Georgia’s policy convergence score is on a par with those of Moldova and Ukraine, “it has flatlined in its overall EU approximation because of serious backsliding in fundamental freedoms, democracy and governance-related indicators, the government’s evident disregard for civil society and its penchant for appeasing Russia, which is at odds with the EU consensus.”
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On January 26, the Ambassador of the European Union to Georgia Paweł Herczyński participated in the celebration of the International Customs Day organized by the Ministry of Finance. After the event, the EU Ambassador commented with journalists on several issues, including Georgia’s prospects for joining the EU’s Common Transit System, the upcoming 2024 parliamentary elections and the monitoring of the electoral process, the 9 steps that Georgia needs to implement in order to move forward in EU accession negotiations, and the latest edition of the Eastern Partnership (EaP) Index.
Prospects and benefits of joining the European Transit System
Ambassador Herczyński emphasized the EU’s support for Georgia’s tax and customs revenues and stated that the EU will continue to support the country, especially now that it has already been granted candidate status for membership. “It’s only a matter of time, when Georgia will become a member of the European Union, and Georgian borders will become European Union external borders,” – the Ambassador said, adding that the Union needs to be sure that Georgia’s borders will be well protected for the security not only of the country, but also of all EU member states.
EU observation of the 2024 parliamentary elections
The EU Ambassador stated that the free and fair elections is an integral part of the nine steps identified by the European Commission. Therefore, he said, the EU will follow the elections very closely. He also noted the Georgian government’s request to the OSCE/ODIR for long-term observation, which, according to the Ambassador, is also supported by EU member states. He said that EU member states are currently discussing whether and how the European Union will participate in election observation. The Ambassador stressed that the EU “will be watching not only the elections themselves, not only the election day, but also the whole electoral campaign very closely.” He said that he hopes that there will be a level playing field, and “that every political party will have enough space in order to engage and present their programmes and that first and foremost, there will be no violence, because electoral violence is absolutely unacceptable in any democratic country.”
Nine steps and progress in fulfilling them
Ambassador Herczyński, recalling a day of granting Georgia the EU candidate status, stressed the need for the country to move forward. “Actually granting the candidate status is not the end, it’s only the beginning of the hard work towards Georgia becoming member of the European Union,” – said Ambassador, adding that the EU hopes that the work will be accelerated, inclusive and constructive, adding that “of course, Georgia will be assessed”. Paweł Herczyński expressed his hope that the country will move to the next stage of opening accession negotiations, which “will be based on progress made on the nine steps”.
Asked whether he has seen any progress of the Government to this regard, Ambassador Herczyński said that since “only couple of weeks” have passed sine the nine steps were agreed, “it is too early to say about progress.” However, he expressed hope that “the progress will be made, and that the progress will be made very quickly.”
Eastern Partnership (EaP) Index, Necessary Reforms
Asked to comment on the latest edition of the EaP Index and its assessment of Georgia, Ambassador Herczyński said: “I can only encourage all authorities to accelerate work.” He then reiterated the importance of the necessary reforms that the country needs to implement, which, he said, is up to Georgia. “These reforms have been set not to please Brussels or anyone else. They have been identified in order to make Georgia stronger, stable democratic country,” – said the Ambassador. He emphasized that all the reforms must be fulfilled, “otherwise, if unprepared, it will disrupt the way the European Union is functioning and all the benefits of membership of the European Union will not be realized. So all those reforms are absolutely necessary,” – Herczyński affirmed.
The Ambassador noted that the EU Delegation in Georgia is ready to coordinate the work on necessary reforms with all the instruments at its disposal. He also noted that although the election campaign in Georgia is about to start, the country will continue working on reforms in parallel, “so that as soon as possible we can move to the next stage in the European integration process and open accession negotiations,” – said Ambassador Herczyński. “We want to see Georgia a strong, stable country, with very strong, well-functioning, professional institutions, and we want to welcome Georgia as a member of the European Union as quickly as possible. So yes, the work should accelerate,” stressed the Head of EU Delegation to Georgia.
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On January 26, students, including those from the May Student Movement, occupied the chancellery of the Tbilisi State University, demanding the release of Akaki Chikobava and Giorgi Khasaia, both of whom had been sentenced to pre-trial detention for allegedly acting in a group to damage the car of the National Enforcement Bureau during the Kekelidze Street eviction standoff with the authorities.
The students are also calling for halting the eviction of people from their “only home” and for the TSU administration to issue an official statement in support of Khasaia and Chikobava. A similar call was made to Ilia State University, where Khasaia is a PhD student. Chikobava teaches at TSU.
The students refuse to leave the Chancellery until their demands are met.
They are calling on the university to go on strike and the professors to join the students. “The expulsion of a family from their only home and the arrest of people who show solidarity with them is the direct consequence of the economic policies that plunge us, the population, into debt every day…” said the May Student Movement in a video recorded inside the TSU Chancellery.
Today, a protest was held in the courtyard of the Tbilisi State University as well. Among others, the protesters included both students and the Khma (Voice) movement. Both Giorgi Khasaia and Akaki Chikobava are co-founders of the movement.
“If there is a threat against us that two of our members will be sent to prison for three to six years, we can escalate to a more serious threat. We will declare that today the university will stop, tomorrow something else will stop that I don’t want to reveal yet, and finally Georgia will stop until Giorgi Khasaia and Akaki Chikobava are released and the evictions stop,” said a protester identified by publika as a representative of the Khma movement.
The article may be updated…
The Armenian delegation headed by Prime Minister Nikol Pashinyan visited Georgia on January 26. During the visit, PM Pashinyan met with his Georgian counterpart Irakli Garibashvili. The Prime Ministers of the two countries chaired the session of the Georgian-Armenian Intergovernmental Commission on Economic Cooperation in Tbilisi, after which Garibashvili and Pashinyan made joint statements to journalists. The sides signed the Memorandum on Strategic Partnership, the prime ministers said as they made joint statements to the press on the results of the visit.
Intergovernmental Commission Meeting
The 13th session of the Intergovernmental Commission for Economic Cooperation between Georgia and the Republic of Armenia convened at the Government Administration, led by the Prime Ministers of both nations. According to the press release by the government administration, discussions during the session encompassed various facets of economic collaboration between Georgia and Armenia, including the potential for cooperation in economic relations, trade, as well as sectors such as transport, energy, tourism, culture, and education.
Highlighting the significance of the bilateral economic relationship, the PM Garibashvili emphasized that Armenia stands as one of Georgia’s crucial trade partners, consistently ranking within the top ten in recent years. He also underscored the Intergovernmental Commission for Economic Cooperation as a pivotal platform for enhancing economic, trade, transport, and cultural ties between the two countries.
The session also discussed the importance of peace and stability in the region. Garibashvili expressed Georgia’s ongoing commitment to fostering the peace process and readiness to sustain engagement in this regard.
Post-session, both parties formalized their commitment through the signing of a joint declaration establishing a strategic partnership between Georgia and the Republic of Armenia. Additionally, the parties signed a memorandum of understanding pertaining to cooperation in agriculture, another one in the field of healthcare, and an agreement aimed at improving the working conditions of diplomatic missions and consular institutions of both countries. These documents were also signed by members of the cabinet of ministers from Armenia and Georgia.
Joint Press Conference
The Prime Ministers of Georgia and Armenia held a joint press conference to review the issues discussed at the meeting of the Intergovernmental Commission. They spoke of bilateral economic cooperation, the process of achieving peace and stability in the region through the expected peace treaty between Armenia and Azerbaijan, as well as the future prospects of cooperation between the countries.
At the briefing the counterparts also addressed the future infrastructure projects that will have a significant impact on the region, including the Black Sea Submarine Cable project and the Armenian Crossroads of Peace project. In addition, Prime Minister Pashinyan congratulated Georgia on receiving the status of an EU candidate country.
During the press briefing the Prime Minister of Armenia stated: “During the talks with Mr. Garibashvili we also decided to instruct the authorities to take effective steps to settle the issue of the demarcation of the Armenian-Georgian border.”
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- 07/07/2023 – Prime Minister of Armenia Nikol Pashinyan Visits Georgia
- 12/01/2023 – Georgian, Armenian PMs Meet in Yerevan
On January 26, eight people arrested on administrative charges during the Kekelidze Street eviction standoff with the authorities were each fined GEL 2000 (around USD 750), the Social Justice Center, which defended seven of the eight defendants in court, confirmed to Civil.ge. According to the same information, the eighth person fined was defended in court by the Georgian Young Lawyers’ Association.
On January 23, a dramatic eviction on Kekelidze Street in Tbilisi turned into a tense standoff between authorities, the evicted family and a group of protesters. Officers from the National Bureau of Enforcement arrived in the morning to carry out the eviction, but were met with fierce resistance from the apartment’s residents and supporters.
Two people, Giorgi Khasaia and Akaki Chikobava, were charged under the Criminal Code of Georgia for damaging the car of the National Bureau of Investigation and were later sentenced to pre-trial detention. Another 18 people were arrested on administrative charges for allegedly disobeying lawful police orders and disturbing public order.
To be updated…
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A new Eastern Partnership (EaP) Index was released on January 24. The edition tracks reform progress in the areas of democracy, good governance, rule of law, policy convergence, and sustainable development between September 2021 and November 2023. The document shows the impact of Russia’s war of aggression against Ukraine and its effect on the reform progress of the six Eastern Partnership (EaP) countries (Moldova, Ukraine, Georgia, Armenia, Azerbaijan and Belarus) and their rapprochement with the European Union.
The EaP Index is produced by the Eastern Partnership Civil Society Forum with the financial support of the European Union. The present edition is the 9th one, previous was published in 2021.
The 2023 Index ranks Moldova in first place with a score of 0.7, followed by Ukraine in second place with a score of 0.66. Georgia ranks third with an overall score of 0.63. Armenia, Azerbaijan, and Belarus rank fourth (0.61), fifth (0.47), and sixth (0.45), respectively.
Civil.ge has delved into the voluminous document to bring you the details.
Georgia: General Evaluation
Regarding Georgia, the document reads: “Georgia lost considerable ground across both democracy and good governance, and policy convergence indicators, in fact Georgia’s performance was characterized by a significant downwards drift, if not a sharp plunge in many areas which reflects the country’s political polarization. Significant decreases occurred in almost all thematic areas overseen by this Index, (namely democratic rights, elections and political pluralism, the fight against corruption, human rights protection mechanisms, state accountability, independent media, public administration, market economy, freedom, security and justice, and environment and climate policy), with the exception of freedom of assembly, under the thematic area ‘freedom of opinion and expression, freedom of assembly and association.”
Democratic Rights, Elections and Political Pluralism
The document notes that “Georgia’s political polarization and conspicuous dealignment from international best practices in democracy and pluralism” is a “cause for concern”. It also says that Georgia has experienced the biggest decline in this area among the other EaP countries.
Regarding the two rounds of the 2021 Municipal Elections, the report notes that there were shortcomings in the conduct of the elections. It refers to the ODIHR report, which spoke of allegations of vote buying. The document also notes that the elections helped the ruling party to strengthen its position at the regional level.
Regarding electoral reforms, the document positively assesses the introduction of the digitization of future elections, noting that it will help the country meet one of the EU’s recommendations. However, it notes that if only 90% of the electoral process is digitized, this could prevent the rest of the population from participating in the elections. “Its ‘partial’ introduction (90% of voters) would leave non-electronic voting districts still vulnerable to fraud,” – says the report.
The document emphasizes that the electoral process is compromised by the ruling party’s informal control over the selection of CEC members, “which pushes the country away from European norms in this important sphere.”
Human Rights Protection Mechanisms
Georgia’s score also fell in the area of human rights protection, as a result of the “ruling party’s inclination for dishing out selective justice, pursuing politically motivated persecutions of its opponents, as well as attempting to stifle freedoms of association and expression, which have cast long shadows onto human rights,” – the report says.
The report highlights the rise of “weaponized legalism,” referring to the creation and use of laws by authorities in a way that appears to conform to international practices, but in fact these laws “are used to serve the political ends of the ruling parties”. The Index issue says that “weaponized legalism” has become pervasive in Georgia, along with Belarus and Azerbaijan, and it “has had deleterious effects on human rights conditions in all three states.”
The report notes that “growing concerns about the deteriorating human rights situation in Georgia were sparked by the arrest of Nika Gvaramia, head of the opposition-leaning Mtavari Arkhi television channel”. The document states that the arrest was widely contested by civil society and international human rights groups as politically motivated. Although he was released in June 2023 following a pardon by President Salome Zourabichvili, “the unlawful detention of even one journalist is a red flag and reflects a decline in human rights and independent media standards,” says the report.
Regarding the Ombudsman’s institute the report notes that “in Georgia, the selection process for the new Ombudsperson was criticized for its lack of transparency and insufficient public consultation, adding however that Levan Ioseliani, the vice-Speaker of the Parliament assumed the role with multi-party support, including from the opposition.
A CASE STUDY: The report includes a case study from Georgia that examines the “subordination of human rights protection to politicization.” The case examines developments surrounding the abolition of the State Inspectorate and the decision to “remodel” it into two bodies. The report finds that the restructuring process deviated “quite sharply” from international practice and standards, raising concerns about political interference. These concerns were exacerbated by the timing of the decision “given that the decision grew around the same time as the State Inspector opened investigations into the possible ill-treatment and violation of data protection laws regarding jailed ex-President Mikheil Saakashvili.” The report notes that the decision was taken without proper stakeholder consultations. State Inspector Londa Toloraia labelled the new law “the most non-European law” thereby highlighting the Georgian Dream‘s deviation from EU norms and principles. Despite all concerns, on 13 January 2022, the Georgian President abolished the State Inspector’s Service, and introduced two separate institutions: the Special Investigative Service and the Personal Data Protection Service.
State Accountability
While Georgia remains at the top of the pile “a marked decline is evident, which when considered alongside other related Index findings suggest that state accountability is worsening at a rate faster than the score might show”, the report says.
The document highlights political polarization and regression in the rule of law, which have affected the quality of government accountability. It adds that these two factors have also affected the oversight role of Parliament. It is noted that “the majority can still block the minority by boycotting the registration of a committee or by acting in such a way as to delay the delivery of a committee’s findings, which can mean the withdrawal of a draft law if the term of the session is allowed to expire.”
In addition, the report points to the government’s resistance to appointing opposition members to chair several key committees, as per EU recommendation, which hampers government accountability.
Freedom of Opinion and Expression, Freedom of Assembly and Association
The report identifies Georgia, along with Armenia and Azerbaijan, as a country where “excessive use of force against demonstrators and journalists covering the demonstrations” was recorded. In these countries, “law enforcers enjoy substantial degrees of impunity,” – the report notes.
The document notes “the declining state of relations between the government and civil society. The document notes that the problems of freedom of assembly in Georgia became a major issue in national politics in 2023, referring to the March 7-9 protests against the so-called “Russian law” on foreign agents. “In essence, the law was a conspicuous move to stifle anti-government dissent and pro-Europe CSOs,” – says the report.
“During these protests, law enforcement agencies resorted to excessive force, deploying tear gas, water cannons and stun grenades”, says the report, noting that according to the Georgian Ombudsman, the protest was essentially peaceful at the time of the warning made by the Ministry of Internal Affairs, and there was no reason to terminate it or to use force.
Independent Judiciary
Despite becoming an EU candidate country, Georgia is heavily criticized for its judicial system, which the report says is “prone to acute politicization, weak in the face of oligarchic power, and appears deeply impervious to the types of systemic reforms expected by the EU.” Moreover, the report states that the weakness of the judiciary was one of the main reasons why Georgia was denied EU candidate status in 2022, when Moldova and Ukraine were granted it.
Regarding the politicization of the judiciary, the report notes that judges in Georgia are vulnerable to political pressure, especially in cases involving politically sensitive issues and individuals.
The report notes the politicization of judicial appointments, as seen in the “dubious appointment” of Mikheil Chinchaladze by the High Council of Justice to the chairmanship of the Appellate Court, “which appeared to be a case of direct political interference and thus an undermining of judicial independence.” The document states that the independent media and CSOs claim that a ‘judicial clan’ is at work in Georgia, and that the ruling party controls the courts and in so doing, damages the country’s European path.
The report says that the assignment of cases to judges “does not correspond to international best practice”. Georgia also faces problems with the publication and accessibility of judicial decisions, as well as availability of the court decisions online. These examples “highlight Georgia’s significant lack of alignment with international best practice and EU norms around judicial independence,” the document notes.
Equal Opportunities and Non-Discrimination
In this regard, Georgia is criticized primarily for the rights of the LGBT+ community. The report states: “Despite being an EU candidate state Georgia’s anti-discrimination performance in relation to ensuring LGBTQIA+ equality is strongly inconsistent with EU norms and contradicts the priorities that Georgia must meet to be considered for membership.” It also stresses the ruling Government’s routinely homophobic rhetoric. The report additionally notes the fact that the new National Strategy on Protections of Human Rights for 2022-2030 excludes combating discrimination based on sexual orientation or gender identity, “which is a major shortcoming in relation to protecting LGBTQIA+ rights in Georgia and is a normative misalignment with the EU.”
The report states that the ruling Georgian Dream party “routinely ratchets up homophobic rhetoric to distract from pressing political and social issues.”
Fight Against Corruption
“Georgia is a prime example of how backsliding in the fight against corruption can transpire when a country is politically polarized,” – emphasizes the report, adding that the Government “deprioritized the fight against corruption and even appears to have vested interests in a state of inertia.”
The report recalls that there has been no update of the National Action Plan since 2020 and Georgia became the only country to refuse an Anti-Corruption assessment by the OECD. It is also noted that Georgia missed the two-year action plan cycle of the Open Government Partnership (OGP).
The report gives a positive assessment of the creation of the Anti-Corruption Bureau in Georgia, Whilst civil society groups saw the new Anti-Corruption Bureau in Georgia as a positive step, “concerns were raised regarding the extent to which it would be truly independent, properly funded and have sufficient powers of investigation.”
Public Administration
Georgia, “where political loyalties matter,” has seen a “sharp decline” in the quality of its public administration. The report highlights the partial reason for this, which is the decline in public deliberation on draft legislation. “Georgia government has for the past two years ignored its Open Government commitments and its responsibility for open public consultations,” – the report reads.
Market Economy and DCFTA
The document notes that trade between the EU and EaP states has steadily risen over the past decade, though at a bilateral level the relative importance of the EU as a trade partner varies.
Georgia have advanced their normative alignment with the EU around trade. In 2022, the EU accounted for 21% of Georgia’s total trade, the EU thus being the single biggest trade partner.
Georgia, along with Ukraine, and Moldova is “steadily aligning with intellectual property rights legislation” having to address “some residual diverges to become fully aligned with EU IPR rules.”
In the sphere of technical barriers to trade Georgia recorded progress by obtaining the status of affiliate members of European Committee for Standardization.
Associated Trio – “a Less Distinct Entity”
The latest edition of the Index notes the trend of the associated Trio becoming “less distinct entity”. It says: “Ukraine and Moldova are lurching forwards in their EU approximation and are on the cusp of commencing their accession process, which sets them apart from Georgia.”
Noting that although Georgia’s policy convergence score is on a par with those of Moldova and Ukraine, “it has flatlined in its overall EU approximation because of serious backsliding in fundamental freedoms, democracy and governance-related indicators, the government’s evident disregard for civil society and its penchant for appeasing Russia, which is at odds with the EU consensus.”
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On January 26, the Ambassador of the European Union to Georgia Paweł Herczyński participated in the celebration of the International Customs Day organized by the Ministry of Finance. After the event, the EU Ambassador commented with journalists on several issues, including Georgia’s prospects for joining the EU’s Common Transit System, the upcoming 2024 parliamentary elections and the monitoring of the electoral process, the 9 steps that Georgia needs to implement in order to move forward in EU accession negotiations, and the latest edition of the Eastern Partnership (EaP) Index.
Prospects and benefits of joining the European Transit System
Ambassador Herczyński emphasized the EU’s support for Georgia’s tax and customs revenues and stated that the EU will continue to support the country, especially now that it has already been granted candidate status for membership. “It’s only a matter of time, when Georgia will become a member of the European Union, and Georgian borders will become European Union external borders,” – the Ambassador said, adding that the Union needs to be sure that Georgia’s borders will be well protected for the security not only of the country, but also of all EU member states.
EU observation of the 2024 parliamentary elections
The EU Ambassador stated that the free and fair elections is an integral part of the nine steps identified by the European Commission. Therefore, he said, the EU will follow the elections very closely. He also noted the Georgian government’s request to the OSCE/ODIR for long-term observation, which, according to the Ambassador, is also supported by EU member states. He said that EU member states are currently discussing whether and how the European Union will participate in election observation. The Ambassador stressed that the EU “will be watching not only the elections themselves, not only the election day, but also the whole electoral campaign very closely.” He said that he hopes that there will be a level playing field, and “that every political party will have enough space in order to engage and present their programmes and that first and foremost, there will be no violence, because electoral violence is absolutely unacceptable in any democratic country.”
Nine steps and progress in fulfilling them
Ambassador Herczyński, recalling a day of granting Georgia the EU candidate status, stressed the need for the country to move forward. “Actually granting the candidate status is not the end, it’s only the beginning of the hard work towards Georgia becoming member of the European Union,” – said Ambassador, adding that the EU hopes that the work will be accelerated, inclusive and constructive, adding that “of course, Georgia will be assessed”. Paweł Herczyński expressed his hope that the country will move to the next stage of opening accession negotiations, which “will be based on progress made on the nine steps”.
Asked whether he has seen any progress of the Government to this regard, Ambassador Herczyński said that since “only couple of weeks” have passed sine the nine steps were agreed, “it is too early to say about progress.” However, he expressed hope that “the progress will be made, and that the progress will be made very quickly.”
Eastern Partnership (EaP) Index, Necessary Reforms
Asked to comment on the latest edition of the EaP Index and its assessment of Georgia, Ambassador Herczyński said: “I can only encourage all authorities to accelerate work.” He then reiterated the importance of the necessary reforms that the country needs to implement, which, he said, is up to Georgia. “These reforms have been set not to please Brussels or anyone else. They have been identified in order to make Georgia stronger, stable democratic country,” – said the Ambassador. He emphasized that all the reforms must be fulfilled, “otherwise, if unprepared, it will disrupt the way the European Union is functioning and all the benefits of membership of the European Union will not be realized. So all those reforms are absolutely necessary,” – Herczyński affirmed.
The Ambassador noted that the EU Delegation in Georgia is ready to coordinate the work on necessary reforms with all the instruments at its disposal. He also noted that although the election campaign in Georgia is about to start, the country will continue working on reforms in parallel, “so that as soon as possible we can move to the next stage in the European integration process and open accession negotiations,” – said Ambassador Herczyński. “We want to see Georgia a strong, stable country, with very strong, well-functioning, professional institutions, and we want to welcome Georgia as a member of the European Union as quickly as possible. So yes, the work should accelerate,” stressed the Head of EU Delegation to Georgia.
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