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Round table on The Role of the Judge for transitional democracies

A round table was arranged by “Civic IDEA” and funded by the Embassy of the Kingdom of Norway in Tbilisi on March 25th in the hotel “Sheraton Grand Metechi Palace.” The round table gathered current and former judges of the Constitutional Court.

The roundtable served to emphasize the Constitutional Court’s involvement in the country’s growth and to identify precedent-setting historical decisions by the Georgian Constitutional Court that have significantly changed the course of the country’s development and common practice.

The meeting was opened by Merab Turava, President of the Constitutional Court of Georgia, who spoke about the court’s historic decisions, such as the case of 2015 on the demarcation of majoritarian constituencies, cases that changed the country’s drug policy, and judges also highlighted the decisions where the court evaluated the constitutionality of procedural-legal norms while also discussing the application of international decisions/mechanisms in the Constitutional Court, the issues of their interrelationship and the legitimacy of their applicability.

Within the framework of this project, it is planned to film a few short videos, with a major focus on the content of the cases, the historical context, and the role of the judge/judges in the decision-making process.

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Russia’s War Against Ukraine – Implications for Democracies and Democracy Support in the EaP Region

International IDEA’s online roundtable aimed to contribute to a better understanding of the current and likely future effects of Russia’s invasion of Ukraine on democracies in Armenia, Georgia and Moldova. In addition, the discussion aimed to distill recommendations on how national and international democracy assistance providers should revise their actions in response to this crisis.

Three speakers from Armenia, Moldova and Georgia reviewed the unfolding effects of Russia’s war in Ukraine on democratic development of their countries, and delve into the following key questions:

– How will the war affect democracies in the three EaP countries of Armenia, Georgia and Moldova? What positive and negative consequences are expected? – What are the particular vulnerabilities where the democratic progress could be rolled back? – How should national and international actors change their strategies for democracy support following Russia’s war against Ukraine?

Context

Armenia, Georgia, and Moldova continue to strengthen their democratic systems. Achievements, albeit with many challenges, include improvements to the conduct of elections, increasing the transparency and accountability of government institutions, and maintaining an open, civic space for citizens and media to openly debate, question, or challenge their governments. It is no wonder President Putin is scared of such democratic vibrancy at his doorstep.

Russia’s invasion of Ukraine and the objectives it pursues through this war—replacing Ukraine’s democratically elected government with another, ‘friendly’ regime—once again demonstrates the nature of Russia’s interests in its neighborhood.

Just days after the start of Russia’s invasion of Ukraine and following Ukraine’s urgent application for membership of the EU, Georgia and Moldova also sent in their applications. These declarations once again commit these countries and their incumbent governments to build a European-style democracy—where human rights and the rule of law are sacrosanct and where state power is constrained by democratic checks and controls.

These developments, even if the accession remains a distant prospect, signal a resolution of all three countries to further invest in democratic qualities. If there is a positive fall-out to be found from this devastating war, this could be it.

But what other effects can be anticipated on these fledgling democracies fraught with multiple structural and institutional challenges? Could the war and its fall-out on the region’s economies unravel social and political instabilities? Against this backdrop, will the political elites and the public, witnessing Russia’s attack on Ukraine, find the resolve to continue building pluralistic, democratic systems? Or will the governments, using the argument of war at their doorstep, increasingly resort to majoritarian or even authoritarian methods of governance? Will they focus on the fight against corruption and oligarchic influence (a large majority of local oligarchs are connected with Russia) or will the economic pressures result in moving away from this vital agenda? Will the state of emergency and a prevailing sense of crisis allow for conditions to build independent judicial bodies and a strong rule of law? Will civic groups and watchdogs find it harder to fight for independent media and their ability to check government actions?

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CAN RUSSIA FIND MORE FRIENDS AND SUPPORTS IN WAR AGAINST UKRAINE? POSITION AND REACTIONS OF CENTRAL ASIAN COUNTRIES

Russia’s invasion of Ukraine found Central Asian states in surprise. Undoubtedly their attention was occupied by events in Kazakhstan beginning of 2022 and developments following widespread unrest when Russian military aggression against Ukraine shook the world.

As for the facts, all Central Asian states and their economies are intertwined with Russia. Some are members of the Eurasian Economic Union as well. The cooperation and interdependency are so high that the threat of Western sanctions over the Kremlin having an effect on them is very tangible and high.

Moreover, three countries of Central Asia, Kazakhstan, Kyrgyzstan, and Tajikistan, along with Armenia and Belarus, are members of the Russian-led security/military alliance – the CSTO. Therefore, Moscow’s expectation of demonstrated support, including military, was rather realistic and projected.

Despite relatively clear links and bondages to Moscow, the reactions and political statements of national governments from Central Asia differed from complete silence to support or concerns over the developments in Ukraine. President Putin’s recognition of breakaway regions and dismissal of Ukrainian statehood should’ve rung a bell in some Central Asian states, particularly those with significant Russian minorities.

CAN RUSSIA FIND MORE FRIENDS AND SUPPORTS IN WAR AGAINST UKRAINE? POSITION AND REACTIONS OF CENTRAL ASIAN COUNTRIES Read More »

Ukraine invasion spurs Georgia to apply for EU membership

The Georgian government submitted its application for European Union membership last week — two years ahead of schedule, as domestic support for Ukraine galvanized calls to look West.

Why it matters: Leaders in the Republic of Georgia hope that the shockwaves caused by Russia’s invasion will spur reluctant EU members to admit longtime aspirants like Georgia, Ukraine and Moldova.

  • “In making this historic decision, Georgia stands firmly beside Ukraine and its Euro-Atlantic aspirations amid the unprovoked Russian military invasion of the country,” the Georgian Embassy in Washington, D.C., said in a statement.

Flashback: Russia invaded Georgia in August 2008 in a five-day war that saw Russian-backed separatists in two Georgian regions, South Ossetia and Abkhazia, break off and form self-governed regions.

  • In a strange twist, that invasion — like the current war in Ukraine — began just as the Olympics concluded in Beijing.
  • Russia faced few repercussions after the Russo-Georgian War, which some analysts say empowered Moscow to annex Crimea in 2014.

Background: As a former Soviet republic that sits geographically on the divide between Europe and Asia, Georgia has come to view its identity through its Christian heritage and ties to ancient Greek civilization, which in the widely held view of many Georgians makes the country a part of Europe.

  • “We are not only old Europeans, we are the very first Europeans, and therefore Georgia holds [a] special place in European civilization,” former Georgian President Mikheil Saakashvili, known for his strong pro-West and pro-NATO stance, said during his 2004 inauguration.
  • Georgia signed an association agreement with the EU in 2014, and it planned to submit its EU membership application in 2024.

Yes, but: Some EU member states doubt that Georgia can meet the bloc’s standards on issues like anti-corruption and clean elections, and they worry that pressure would grow to admit other prospective members.

  • While the Baltic states have supported Georgia’s bid for EU membership, Germany and France have been more skeptical.

State of play: Allegations of democratic backsliding under the ruling Georgian Dream party have also jeopardized the country’s relationship with the EU.

  • Last year, Georgian Dream drew criticism from EU and U.S. officials when it withdrew from an EU-brokered agreement aimed at resolving a political crisis after opposition parties challenged the results of the October 2020 election.
  • Georgia then declined a loan offered by the EU, signaling a shift away from the bloc.

Russia’s invasion of Ukraine “obviously influenced” Georgia’s decision to submit its application for EU membership two years earlier than expected, former Georgian Defense Minister Tina Khidasheli told Axios.

  • Tens of thousands of people were out demonstrating in Georgia’s major cities to support Ukraine, said Khidasheli, and many Georgians also signed online petitions urging the government to submit the EU application.

What to watch: Georgia’s path to EU membership is far from secured, but Khidasheli said that EU members might support Georgia as a way to stand up to Russia.

  • “I think that European countries understand that they need to do something at this very moment, they need to do something to prove that Russia does not have veto power.”

Link ?

https://www.axios.com/georgia-applies-eu-membership-ukraine-bef3cb3b-ec79-43a5-b868-1114f99f7b41.html?fbclid=IwAR0Lrrt7ig5OdaJVRUVZLiSuexedP_Sqwii5RzEcBrGDJL-7oZxUsoKJgrc

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Tedo Japaridze: West needs to give up fear

It is often said of President Putin that he is a master tactician but not a strategist. I understand this to imply that he can make the most out of today and does not have the foresight to predict the consequences of his actions. Well, that is not entirely accurate. President Putin uses the military the only way the military ever works: to determine the circumstances that will define a future negotiation. So, Putin is what we make of him.

If Washington, Brussels, Berlin, Paris, Rome, Vienna, and London articulate fear, then Putin has won a strategic victory.

In my mind, the question is whether Putin’s brute force will be allowed to determine our future. Profiling Putin’s mental state is futile; if the Russian President was open to psychological support, he might not be leading a country as a ruthless dictator, but someone else would. No man should be given so much power because it is detrimental to their mental state. But this discussion has no substance; what is important is whether the Russian Bear will be allowed to bully first of Europe or maybe the entire Collective West.

Washington should rethink its priorities because the issue at hand is not geographic, even if it is geopolitical. The question is no longer “the Atlantic or the Pacific” but whether there will be anything left of the system we now recognize as “global governance”: the internet, the global market, and human rights regimes are devolving into separate and irreconcilable ecosystem with no normative guarantee. There is no “Great Wall” of the West to retreat behind. If Washington retreats that will be a strategic choice that will dilute its power beyond recognition. If Washington does not share its power with Europe, its power will be inconsequential.

Now, we should reflect on the substance of this rhetorically evocative affirmation “We are all Ukrainians!” If we are, we then need to think as Ukrainians. For Ukrainians, the question is how long this pain will last, and what will be left of their freedom. People in urban centres will go without electricity, communications, and perhaps even food. Ukraine’s children will not feel secure, will not go to school, and a whole generation will be marked by the fear of loss and the terror of destruction.

That is a fear Georgians know only too well. But it is not Georgians alone: Estonians, Lithuanians, Latvians, Poles, Czechs, Slovaks and Hungarians have this fear ingrained in them. European know only too well the fear of Russian tanks and what these can do to a generation.  And we should draw a line in the sand and leave fear behind us, as Europeans.

Fear is like smoking. The only way not to fear, is not to be afraid. We need to have the courage to imagine a future without fear, in Europe, otherwise “Europe” means nothing.

It is understandable that Europe fears the prospect of another devastating European war. But fear is contagious. If Europe sinks into the fear of Russia, peace and war will increasingly look similar. Russia’s demand for “breathing space” – a Near Abroad – feeds on fear, which is detrimental to the health of every democracy. Russia can ask for more countries, more limitations to freedom, more guarantees that the Kremlin’s ability to be the bully of Europe will go unpunished and unchecked. With care for the Russian people, we should stand up to the bully as what today is about the influence and dominance in the “Near Abroad” would be expended in distorted imaginations towards the “middle abroad” or maybe even further.

Westerners need to help Ukrainians not to fear: to be generous with assistance for the refugees that choose life anywhere rather than an existence in fear; to support those who prefer to die rather than live in fear; and they need to look at Georgians – and each other – and find ways of standing together so that their peace is not defined by fear. If fear defines the substance of what it means to be European or Westerner then Putin’s regime has won. And that will be the defeat of every Westerner that has every worked for peace since 1945 on both shores of the Atlantic.  

Tedo Japaridze is a former Ambassador of Georgia to the United States, a former chairman of the Foreign Relations Committee of Georgian Parliament, a former Foreign Policy Adviser to the Prime-Minister of Georgia. He was also national security adviser to Georgian President Eduard Shevardnadze. This blog represents his personal opinions.

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Civil society appeal for immediate launch of Georgia’s rapid EU accession procedure

You can sign the statement on the link provided below. Join us and together let’s demand the active steps and real decisions of the Parliament on the path of the country’s European integration.

https://docs.google.com/forms/d/e/1FAIpQLSfTFgZaZY8TULjSGwLxUGYkt5t8SNN2frsLtkychrpMPpk4_Q/viewform?fbclid=IwAR24dQ3iYghPdFx1MmR-QLqnr2DI9GRYTuPyt1jkzeHe96UzMaGBF9TxPa4

Today, as never before, the joint and rapid action of all branches of the Georgian government is crucial to ensure Georgia’s European perspective. It is the duty of all representatives of the Georgian state to act quickly and purposefully in order to use the window of opportunity, which has been created to stop the criminal decisions and actions of the Vladimir Putin regime, and to ensure the country’s European future.

Georgia is the first victim of the Putin regime, the long-term struggle of the Georgian people for freedom deserves proper assessment and European perspective.

At the same time, we realize that the non-fulfillment of the Charles Michel Agreement is a significant obstacle to the establishment of relations with Georgia as a trusted partner. Therefore, we consider the fulfillment of the Charles Michel Agreement to be the most important condition for strengthening democratic governance in the country.

Correct and timely statements and resolutions are important for EU integration, but only a first step. Today, by making relevant decisions in the Parliament of Georgia, we must show the whole civilized world, including the European Parliament, the European Council and the European Commission, that Georgia’s struggle for democratic, free and European statehood is irreversible and we are doing our best to ensure it.

Accordingly,

1. The parliament of Georgia, in accordance with Article 78 of the constitution of Georgia, should immediately adopt a resolution on the launch of relevant procedures for Georgia’s accelerated accession to the European Union.

2. The parliament of Georgia should call on the executive government of Georgia to immediately apply for Georgia’s EU membership.

3. The government of Georgia should promptly present an action plan on the measures to be taken during this week for Georgia’s accelerated accession to the European Union.

4. The government of Georgia should, in accordance with the constitution, grant the President of Georgia the relevant powers to start negotiations with the European Union.

Signatories:

1. Civic Idea

2. Democracy Research Institute (DRI)

3. Open Society Foundation

4. Democracy Index

5. Institute for the Study of Nationalism and Conflict

6. Eastern European Center for Multiparty Democracy

7. Civil Council on Defense and Security

8. Georgian Young Lawyers’ Association

9. Georgian Court Watch

10. Investigative Journalists’ Team “iFact”

11. Center for the Strategic Research and Development of Georgia (CSRDG)

12. Human Rights Center

13. Institute for Development of Freedom of Information (IDFI)

14. International Society for Fair Elections and Democracy (ISFED)

15. Social Justice Center (former EMC)

16. Tolerance and Diversity Institute

17. School of Tomorrow

18. Equality 17

19. Mothers Against Gambling

20. Caucasus Dialogue Foundation

In addition, the application is signed by more than 150 individuals.

Note: The civil society appeal for the immediate start of Georgia’s accelerated EU accession procedure, signed by more than 150 individuals and dozens of representatives of civil society organizations, had been prepared before the ruling party officially announced its intention to apply for the EU candidate status. Due to the special importance of the issue, we are spreading the initial version of the appeal.

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What Happened in Kazakhstan: Reflections from the field

On January 26th, Civic IDEA held a web talk with its partners about developments and perspectives in Kazakhstan.

“What Happened in Kazakhstan: Reflections from the field”

? Story of the protests;
? Are they over, or over for now?
? Confidence towards the existing government and President Tokayev;
? Controversy over a decision on shooting the demonstrations;
? Influence of foreign powers with vested interests in Kazakhstan;
? CSTO as a club defending dictators;
? Split of the Political elite or business as usual?
? Request for reforms, political and democratic reforms on the agenda of demonstrations;
? Reflections from neighbors;
? People believing in the possibility of change

If you want to listen to these topics and other interesting analyses from our experts, tune in for
? https://youtu.be/RPu3z12Sz-c


Moderator: Tinatin Khidasheli – Chairperson, Civic IDEA
Former Minister of Defence of Georgia

Experts Panel:

Tatiana Sedova
Freelance consultant on public participation, transparency and accountability, multistakeholder cooperation mechanisms, extractive industries governance, community engagement and capacity building;
Member of the EITI National Stakeholders Council in Kazakhstan; Board member of Zertteu Research Institute (open budgets and anti- corruption).
At different times Tatiana worked for international and national organizations: the World Bank, Publish What You Pay, EITI International Secretariat, GIZ, NRGI, MSI Integrity, Counterpart International, Eurasia Foundation, USAID, European Commission, PACT, Soros Foundation, INTRAC, Atlas Copco Rock Drills AB, Kazakhstan Temir Zholy, City Bank, KazInvestBank, and others;

Mariya Lobacheva
Program director of Public Association Echo. Extractive Industries Transparency Initiative alternate Board member
She has about 20 years’ experience in the non-governmental sector in Kazakhstan. Her work includes managing a research and advocacy strategy to promote transparency and citizen participation. Mariya has carried out several analytical works related to the extractive sector’s influence on the local population, as well as civic participation in income management at the subnational level. Mariya also has extensive elections observation experience and has produced several observation reports.

Danila Bekturganov
Political scientist and a Director of NGO “Civil Expertise” in Kazakhstan. He has more than 20 years of work experience in the non-governmental sector of the Republic of Kazakhstan. Mr. Bekturganov has conducted more than 200 trainings, webinars, and TOTs for NGOs on elections, transparency of budgets and extractive industries, digital rights, and transparency of public procurement. Also, he is a member of the Multi-Stakeholder Group (MSG) for the implementation of the Extractive Industries Transparency Initiative (EITI) in Kazakhstan.

Amangeldy Shormanbayev
Lawyer by education. Currently, Mr. Shormanbayev is a Kazakhstan Program Director for Public Foundation “International Legal Initiative”, political rights expert, rule of law regional program director.
At different times he worked for a number of Kazakhstani NGOs, primarily in the human rights field.

Ani Kintsurashvili
Senior researcher of the Georgian think-tank Civic IDEA, working on democracy, transparency and anti-corruption issues and focusing on regional perspective of South Caucasus and Central Asia.

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Russian and Chinese Influences in Georgia

With the support of the European Values Center for Security Policy, USAID and MFA of the Czech Republic, Civic IDEA, with the local partners (GRASS, DFR Lab, MDF), contributed to the second volume of the joint research “Russian and Chinese Influences in Georgia”.

This Report is the second edition of the study launched in 2020 – Mapping Research: Comparing foreign influence in Georgia. This year’s issue – Russian and Chinese influences in Georgia – 2021 update monitors the development of foreign country influences in Georgia in 2021, especially in state institutions, NGOs, media, political parties, or the Church. This paper aims to further analyze a broad spectrum of problems already introduced in the previous report, such as campaigns and activities implemented and sponsored by third countries, ranging from political infiltration to corrosive capital flows with political goals.

Report ?

Russian and Chinese Influences in Georgia Read More »

The article by Tinatin Khidasheli in the conference report of the International Institute for Peace(IIP).

The Chairperson of the Civic IDEA- Tinatin Khidasheli, participated in a conference organized by the International Institute for Peace (IIP) – “Thirty years on: Is There still a Post-Soviet Space?”. The report of the conference has been published, which also includes the article by Tinatin Khidasheli:

“From the Georgian perspective, it is important to distinguish between political Europe and geographic Europe. Georgia very much sees itself as belonging to the former, though it is geographically in the Caucasus. Georgia has felt invisible to the West since the 2008 War with Russia, wherein Georgia received little support from NATO or the EU. Georgia is a place where Russia is contesting the West for influence, and Russia is trying to show that Georgia belongs to its neighborhood. For Georgians, it appears that the EU and NATO have constructed a new Iron Curtain, the countries beyond which they do not see as their concern. Furthermore, Russian sanctions were a blessing in disguise for Georgia, as the country was able to strongly diversify its economy and exports when Russia closed its market to Georgia.”

Report ?

https://www.iipvienna.com/ussr-conf-2021

The article by Tinatin Khidasheli in the conference report of the International Institute for Peace(IIP). Read More »

The closing event of the project “Strengthening Civic Resilience in Georgia by Promoting Democracy and Enhancing Democracy through Media Literacy”

On December 16, 2021, at the Hilton Garden Hotel in Tbilisi, Civic IDEA, together with GRASS and MDF, participated in a closing event for the media literacy project hosted by the non-profit organization ‘People in Need’, and supported by the Czech Government and USAID / GEORGIA.

Opening remarks were made by the Ambassador of the Czech Republic to Georgia, Peter Mikiska, USAID / GEORGIA Mission Director Peter Wiebler, and People in Need Georgia CEO, Dion Battersby. The representatives of the Georgian NGOs discussed the Chinese and Russian malign influence as a threat to democracy in Georgia, the scale of disinformation, foreign fake news, and propaganda campaigns during the Covid-19 pandemic.

The closing event of the project “Strengthening Civic Resilience in Georgia by Promoting Democracy and Enhancing Democracy through Media Literacy” Read More »

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