Georgian delegation to the PACE discuss implementing EC's recommendations at PACE session
STRASBOURG. “We will have bilateral discussions under the framework of the Parliamentary Assembly of the Council of Europe (PACE). We will talk about how far we have come in implementing the EC’s 12 recommendations,” ruling party MP Irakli Chikovani told the Georgian Public Broadcaster in Strasbourg.
I. Chikovani notes that the Georgian delegation will have several speakers at the Parliamentary Assembly this week.
“We will hold bilateral meetings with colleagues, including those from the Socialist Group, to coordinate our mutual interests. We will also discuss the country’s present state and our progress in implementing the EC’s recommendations. During the week, members of the Georgian delegation will address the Assembly,” Irakli Chikovani stated.
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.
MONEYVAL report on Georgia: improvements in the Financial Monitoring Service powers to disseminate information to law enforcement authorities, but other deficiencies remain
Georgia has improved its measures to combat money laundering and terrorist financing; it has demonstrated good progress and has been upgraded from “partially compliant” to “largely compliant” with the FATF (Financial Action Task Force) Recommendation 29, related to Financial Intelligence Units, concludes the Council of Europe’s anti-money laundering body MONEYVAL in a follow-up report released today.
By enhancing the powers of the Financial Monitoring Service (Financial Intelligence Unit of Georgia) to disseminate information and results of analyses upon request and without a court order to all law enforcement authorities, Georgia has addressed a significant shortcoming earlier identified. Only minor shortcomings remain regarding a lack of explicit reference to require the Financial Monitoring Service to conduct operational and strategic analysis and the scope of the money laundering definition.
The report also examines a range of legislative, regulatory, and institutional measures, such as introducing a central electronic reporting for online casinos, requiring a clean criminal record for beneficial owners of casinos, making sanctions for AML/CFT (Anti-Money Laundering and Countering the Financing of Terrorism) breaches applicable to casinos, as well introducing a broad regulatory framework for the investment fund sector. However, these measures were not sufficient to upgrade the ratings of Recommendations 22, 28 or 35, as moderate deficiencies in relation to the scope of covered designated non-financial businesses and professions and the sanctioning regimes remain.
Overall, Georgia has achieved full compliance with six of the 40 FATF recommendations constituting the international AML/CFT standard and retains minor deficiencies in the implementation of 22 recommendations where it has been found “largely compliant”. Eleven recommendations remain “partially compliant” and one of them has a “non-compliant” rating (the recommendation requiring that countries review their laws and regulations to ensure that non-profit organisations cannot be abused for the financing of terrorism).
Consequently, Georgia is expected to report back to MONEYVAL on further progress to strengthen its implementation of AML/CFT measures in one year’s time.