Background Briefing

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Potential for Reform

The European Union can and should use the European Neighbourhood Policy to improve Georgia's human rights record.1

Since the Rose Revolution, the Georgian government has seemed ready to reform its laws, policies, and practices affecting human rights to bring them into line with European standards. Although the government is displaying the political will for such reforms, past experience suggests that the process will not be easy. Bi-lateral and multilateral assistance to Georgia will be essential for ensuring the success of this reform. The European Union’s Neighbourhood Policy Action Plan for Georgia could be a useful mechanism for promotion of reforms, if used effectively.

The European Union's decision to use benchmarks in the Action Plan is a welcome step. It should allow relations between Georgia and the European Union to become more focused, setting clear expectations and goals in exchange for future benefits, if those goals are achieved. In order to make this process effective, the benchmarks should be detailed and concrete with a clear timetable for implementation.

Georgia has made some progress in improving its legislation to comply with international human rights standards. However, because this has not always corresponded with improvements in practice, well-intended safeguards have failed to end abuses because the safeguards have not been implemented.2 The benchmarks should therefore focus not only on changes in Georgia's legislative framework that are achievable in the short run but also on implementation and changes in practice, which require longer-term monitoring.

In order to ensure consistency with international human rights standards when carrying out reforms through changes in legislation or the creation of other legal documents, we propose that the Action Plan include the requirement that all such draft documents be reviewed by the Venice Commission of the Council of Europe or other independent body of experts.

Effective monitoring of the Action Plan's implementation will encourage compliance and allow for timely E.U. intervention and assistance when needed. Accordingly, we suggest that the Cooperation Council set up a body charged with monitoring of the benchmarks. This body could make regular trips to the country to consult with government, civil society, and other interested parties, speak publicly in the Georgian media about progress, and make recommendations about how to improve progress towards the benchmarks. It could also work closely with other international organizations and the diplomatic community.

Broader consultation with Georgian civil society about the European Neighbourhood Policy process, the benchmarks, and results of monitoring will set a model for transparency and public dialogue that the E.U. expects of its members and hopes for its neighbours. Additionally, E.U. coordination with other international interlocutors, including the Council of Europe, the Organization for Security and Cooperation in Europe (OSCE), and other bilateral donors, including the United States, would ensure that the benchmarks in the Action Plan are consistent with and complimentary to other current or planned programs.

Below we summarize long standing human rights problems, offer recent examples, and suggest benchmarks for the Georgia Action Plan in six areas: torture and ill-treatment, independence of judges, media freedom, freedom of assembly, refugees, and freedom of religion. The information presented is based on an April 2005 research mission to Tbilisi, during which Human Rights Watch interviewed representatives of nongovernmental organizations (NGOs), international organizations, and religious groups; government officials; journalists; lawyers; victims of human rights abuses; and members of the diplomatic community. The benchmarks are concrete and achievable, and if implemented, would show a real improvement in the human rights environment in Georgia.



[1] In 2004, the European Union (E.U.) announced that Armenia, Azerbaijan, and Georgia would be eligible for the European Neighbourhood Policy (ENP). Under this policy, the E.U. laid out a process for increasing ties with the south Caucasus countries. Firstly, it prepared country reports with a brief description of the political, economic social and institutional situation in the countries, including a section on human rights and fundamental freedoms. The Commission approved the country reports for Armenia, Azerbaijan, and Georgia in April 2005, and confirmed that the ENP could go to the next stage of negotiating action plans with each of the countries. The action plans include benchmarks in each of the areas covered by the country report. If the benchmarks are fulfilled, over a three-year period, then the E.U. will proceed to enter into negotiations with the countries for closer economic, social, and cultural ties.

[2] For example, article 111 of the Criminal Procedure Code provides that evidence is inadmissible if it is obtained through the use of force, threats, or other unlawful means. However, in practice judges regularly admit evidence that has been obtained through the use of coercion.


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