Honouring of obligations and commitments by Georgia

Doc. 9324

21 January 2002

Honouring of obligations and commitments by Georgia

Recommendation 1533 (2001)

Reply from the Committee of Ministers

adopted at the 780^th meeting of the Ministers’ Deputies (16 January 2002)

1. The Committee of Ministers recalls its interim reply to Recommendation 1533 (2001) on honouring of obligations and commitments by Georgia (adopted at the 769th meeting, 17 October 2001) and wishes to inform the Assembly that the Secretariat Information and Assistance Mission to Georgia, referred therein, took place from 3 to 5 December 2001. The Secretariat mission report (doc. SG/Inf (2001)45, available on Council of Europe Internet Site: www.coe.int/sg) contains up-dated information on the political context in which the visit took place and on progress in the honouring of commitments undertaken by Georgia when joining the Council of Europe, as well as specific proposals for further action in the framework of Council of Europe co-operation programmes, including innovative working methods.

2. Whilst recognising the progress achieved in important issues, the Committee of Ministers is conscious that much remains to be done by the Georgian authorities, with the assistance of the Council of Europe and other international institutions/organisations, to secure full and sustainable implementation of all the commitments and obligations subscribed by Georgia when joining the Council of Europe.

3. In this context, the Committee of Ministers took note of the main conclusions and proposals for further action drawn up in the Secretariat’s report (pages 4 and 5 of the report) regarding in particular the issues raised in Parliamentary Assembly Recommendation 1533 (2001). Whereas the highest Georgian authorities confirmed once more to the Secretariat Mission, their firm commitment to fulfil all the obligations entered into when joining the Organisation, the Committee of Ministers understands that a substantial additional effort of co-operation should be made by both the competent Georgian authorities and the Council of Europe – as well as other European partner- to ensure that the required reforms will be in line with European norms and standards, in particular the European Convention of Human Rights and the case-law of the Strasbourg Court. For this purpose, it is inter alia indispensable that the various laws or draft laws mentioned in the Secretariat’s report (in particular the Electoral Code and the Code of criminal procedure) be transmitted to the Council of Europe within the indicated time-table for expert appraisal. This law-drafting effort should be accompanied by specific measures, including various forms of training for different staff categories, to secure the proper implementation of the new laws and regulations in everyday life.

4. The Committee of Ministers instructed the Secretariat to take into account the various proposals contained in the Secretariat’s report in the preparation of future Council of Europe bilateral programmes of co-operation with Georgia as well as in the preparation of the relevant part of the European Commission/Council of Europe Joint Programme for South Caucasus to be concluded in a very near future (as well as a possible additional specific EC/CoE Joint Programme for Georgia).

5. Bearing in mind the importance of the reforms to be undertaken or completed, the Committee of Ministers will consider, on the basis of detailed proposals with financial indications to be submitted by the Secretary General, the proposal to increase co-ordination and implementation capacities in the field through the placement of Council of Europe experts on a medium/long term basis in relevant Georgian Ministries and/or by reinforcing the staff of the Council of Europe Information Office in Tbilisi to allow it to provide regular support to the implementation of Council of Europe co-operation programmes.

6. The Committee of Ministers will continue to follow the situation in Georgia as regards honouring of its commitments and implementation of on-going and proposed co-operation activities with the Council of Europe.