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• Conflict in Georgia: Secretary General’s Consolidated Report says little progress in human rights and humanitarian situation in conflict-affected areas

  Strasbourg, 19.04.2023 – Serious concerns persist regarding the human rights situation in the areas affected by the armed conflict between the Russian Federation and Georgia in August 2008, according to a report by Secretary General Marija Pejčinović Burić presented to the Committee of Ministers and published today.

  The bi-annual report (covering the period November 2022–March 2023) on the conflict in Georgia highlighted that core issues concerning the human rights and humanitarian situation in the conflict-affected areas continue to see little progress. Various restrictions on freedom of movement and access to education and healthcare remain of serious concern, including in terms of their impact on vulnerable groups.

  Against the continuous impediments by the Russian Federation to peaceful conflict resolution, security, and stability in the wider region, the Secretary General welcomed Georgia’s continuous efforts and initiatives aimed at promoting dialogue and reconciliation, and their provision of free access to health care, education, and other social benefits for all residents of the Georgian regions of Abkhazia and South Ossetia, as well as their efforts to address the needs of internally displaced persons.

  During the period under review, operational activities on Confidence-Building Measures were continued. The report, for instance, notes that archive specialists from both sides of the Administrative Boundary Line (ABL) continued to work in online format and met in person, for the first time since the Covid-19 public health crisis. Efforts have been initiated to facilitate dialogue between psychologists specialised in war traumas and on the prevention of gender-based violence on both sides of the ABL. The development of further initiatives continues in close co-ordination with the Office of the State Minister of Georgia for Reconciliation and Civic Equality.

  Secretary General stressed that continuing her periodic reporting to the Committee of Ministers on the conflict in Georgia will remain a high priority.

  Note for Editors
  Consolidated reports on the conflict in Georgia have been prepared by the Secretary General since 2010, following a Committee of Ministers decision. The current report is based, inter alia, on the results of the fact-finding visit to Tbilisi on 13-14 February 2023. The delegation also had the possibility to observe the situation at the Administrative Boundary Line.

  The current Consolidated report examines, inter alia, the implementation of the European Court’s judgments in the two inter-state cases “Georgia v. Russia (II)”, concerning the armed conflict between Georgia and the Russian Federation in 2008 and its consequences, and "Georgia v. Russia" (I)” concerning arrests, detentions and expulsions from the Russian Federation of Georgian nationals in 2006-2007.

  On 20 April, the European Court of Human Rights is due to deliver a ruling on the inter-state application “Georgia v. Russia (IV)”, lodged by the Government of Georgia in August 2018, which concerns the alleged deterioration of the human rights situation along the administrative boundary lines between Georgian-controlled territory and Abkhazia and South Ossetia.

• Prime Minister of Georgia meets Co-Rapporteurs for the Monitoring Committee of the Parliamentary Assembly of the Council of Europe

  The key directions of cooperation between Georgia and the Parliamentary Assembly of the Council of Europe (PACE) and the agenda of Georgia’s ongoing and implemented democratic reforms were the main topics discussed at today’s meeting between Georgian Prime Minister Irakli Garibashvili and Co-Rapporteurs for the Monitoring Committee of PACE.

  In the meeting held at the Government Administration, special emphasis was placed on the constructive work of the PACE Monitoring Committee’s Co-Rapporteurs for the monitoring of Georgia. The Head of Government thanked the Parliamentary Assembly’s delegation for productive cooperation.

  The conversation also touched on the security environment and challenges in the region and worldwide.

  The topics discussed included the situation in Georgia’s occupied territories. The role of support from the Council of Europe for peaceful conflict resolution was underlined. Irakli Garibashvili thanked PACE for firmly supporting Georgia’s sovereignty and territorial integrity.

  The meeting was attended by Co-Rapporteurs for the PACE Monitoring Committee Claude Kern and Edite Estrela, also by Head of the Council of Europe Office in Georgia Natalia Voutova, Georgia’s Foreign Minister Ilia Darchiashvili, and Head of the Government Administration Revaz Javelidze.
• THE PARLIAMENT HEARD THE ACTIVITY REPORT FOR 2022 OF THE PARLIAMENTARY DELEGATION TO PACE

  At the plenary session, MPs heard the Activity Report for 2022 of the Parliamentary Delegation to PACE, introduced by the Head of the Delegation, Irakli Chikovani.

  “One of the acute issues for the PACE and for us was the devastation in Ukraine entailed by the Russian aggression and the decision made on the exclusion of Russia from the Coe and the preparation for a new Summit that is scheduled in May 2023 and that shall be dedicated to the planning of the further steps of the organization”, - he stated.

  According to him, the Georgian Delegation was one of the main Delegations that approved the exclusion of Russia at the emergency session convened by the CoE. As noted, sundry resolutions have been adopted in 2022 related to the situation in Ukraine, where the Georgian Delegation in full composition, including the Majority and the Opposition MPs, unanimously approved the documents except one resolution providing the record about the third President of Georgia.

  “This Resolution was connected neither to Georgia nor the situation in Georgia or the democratic reforms; it was an attempt, which by the way was quite successfully conducted by the EPP members and the rapporteur of the Resolution”, - he noted and added that the Resolution on Georgia initiated by the Monitoring Committee and adopted by the PACE reflects the immense progress achieved by Georgia in the democracy, rule of law and human rights protection directions.

  “This progress is clearly underlined and which is unambiguously confirmed by the CoE as a whole, though it also provides the challenges in Georgia being addressed by the Government”, - the reporter ended his speech.

• Georgian draft law on de-oligarchisation: Supporting the goal of limiting excessive influence of oligarchs, Venice Commission calls for systemic reforms

  Strasbourg, 14.03.2023 – In its interim opinion on the draft law of Georgia on de-oligarchisation published today, the Council of Europe’s body of constitutional experts, the Venice Commission, called on the Georgian authorities to adopt systemic reforms rather than targeting specific individuals, in order to achieve “de-oligarchisation”.

  “Oligarchisation” is the result of a combination of non-transparent exercise of political power without a political mandate, influence on parliaments, governments, political parties, judiciary and law enforcement bodies; ownership or influence on the media; decisive, if not monopolistic, influence on a number of areas, such as energy, mining, oil and gas, metallurgy, real estate. Eliminating such excessive influence of vested interests in economic, political and public life is a novel and very complex issue.

  The Venice Commission noted that while Ukraine was the first country to adopt specific de-oligarchisation legislation, the commitment to eliminate the excessive influence of vested interests in economic, political and public life was also the object of a specific European Commission recommendation to Georgia and the Republic of Moldova. Georgia has since prepared a draft law which is very closely modelled on Ukrainian Law. Each country, however, presents specificities.

  The Venice Commission supported the goal of eliminating or at least limiting the influence of oligarchs in political, economic and public life. It highlighted, however, that the choice of the means to achieve such a legitimate goal is of decisive importance if the system is to be effective while respecting democracy, the rule of law and fundamental rights. Any such measures should be commensurate to the goal pursued of achieving a level playing field for all actors in society.

  The Commission stressed that de-oligarchisation should be ensured through a systemic approach, which has a preventative effect and targets numerous fields, such as legislation relating to media, anti-monopoly, political parties, elections, taxation, anti-corruption and anti-money laundering, etc.

  The Georgian draft law instead focuses on a so-called “personal” (punitive) approach, seeking to identify so-called “oligarchs” through specific criteria, such as wealth and media ownership, to publicly label them as “oligarchs” and to subject them to series of blanket limitations that include exclusion from the financing of political parties or activities, exclusion from privatisations of public property, etc. This approach, in the opinion of the Venice Commission, carries high risks of human rights violations and arbitrary application, potentially harming political pluralism. At the very least, the Commission recommended transferring the power to designate a person as an “oligarch” to another body than the Government, removing the broad discretion of the Government in interpreting and applying these criteria and providing strong guarantees for human rights, due process and effective remedies.

  The Venice Commission has prepared the current opinion as an interim one, with a view of pursuing its analysis of possible solutions to this matter and taking into account further legislative developments when they are available.

• 2023 Winter session: the legal and human rights aspects of Russia's aggression against Ukraine

  An urgent debate* on the legal and human rights aspects of the Russian Federation's aggression against Ukraine, with the participation of Oleksandra Matviichuk, Head of the Center for Civil Liberties, 2022 Nobel Peace Prize laureate, will be among the highlights of the Winter plenary session of the Parliamentary Assembly of the Council of Europe (PACE), to be held in Strasbourg from 23 to 27 January 2023.

  #OnTheRoadToReykjavik, a report on the fourth Summit of Heads of State and Government of the Council of Europe, to be held in the Icelandic capital on 16 and 17 May, will present PACE's proposals.

  There will also be addresses by the Prime Minister of Iceland Katrin Jakobsdóttir and German Foreign Minister Annalena Baerbock. The Secretary General of the Council of Europe Marija Pejčinović Burić will present her communication to PACE members. The Assembly will also elect its President and Vice-Presidents.

  Combating violence against women will also be a focus of the session, with a first debate on conflict-related sexual violence, and a second joint debate on the Istanbul Convention, on the role and responsibility of men and boys in stopping gender-based violence against women and girls, and on finding solutions for marital captivity.

  Other topics on the agenda include the environmental impact of armed conflict, Daesh foreign fighters and their families returning from Syria and elsewhere, and the ethical, cultural and educational challenges of contact tracing applications.

  * The Assembly will decide its final agenda at the opening of the session.

  2023 Winter Session special page