European Parliament Parliament of Georgia Eu

EUROPEAN PARLIAMENT PARLIAMENT OF GEORGIA

EU-GEORGIA PARLIAMENTARY COOPERATION COMMITTEE

MINUTES of the FIRST MEETING November 3 – 4, 2015 TBILISI CONTENT

1. Opening Remarks by Co-Chairs: Mr Zivad KVATCHANTRADZE, Mr Sajjad KARIM 2. Adoption of the Agenda 3. State of play of EU-Georgia relations: Opening statements by the Government of Georgia & the European External Action Service - Ms. Thea TSULUKIANI, Minister of Justice of Georgia - H.E. Janos HERMAN, Head of the EU Delegation to Georgia 4. Implementation of the EU-Georgia Association Agreement and DCFTA - Mr. Gigi GIGIADZE, Deputy Foreign Affairs Minister of Georgia on state of play of EU-Georgia VISA Dialogue (VLAP) - Mrs. Irma KAVTARADZE, Deputy Minister of Economy and Sustainable Development of Georgia, on Implementation of DCFTA - Mr. Irakli KHMALADZE, Deputy Minister of Energy of Georgia, on Energy Agenda in the European Integration processes of Georgia - Mrs. Nino GRDZELISHVILI, Head of European Integration Coordination Department, Office of State Minister of Georgia on European and Euro-Atlantic Integration, on Implementation of Association Agreement 5. EU assistance in support of the implementation of the Association Agreement - Mr. Kaido SIREL, Head of Operations of EU Delegation to Georgia, on EU assistance in support of the implementation of the Association Agreement - Mr. Lasha TUGUSHI, Chairperson of Eastern Partnership Civil Society Forum Georgian National Platform, the role of the civil society in the implementation of Association Agreement 6. Consolidation of the Democratic Reforms in Georgia - Mr. Aleksandre BARAMIDZE, First Deputy Minister of Justice of Georgia, on democracy, rule of law and good governance, reform of the justice sector, protection of human rights and fundamental freedoms, freedom of expression and independence of the media - Mr. Shalva KHUTSISHVILI, Deputy Minister of Internal Affairs of Georgia, on reform of the security sector and law enforcement bodies, the role of MIA in process of European Integration 7. Adoption of the Final Statement and Recommendations 8. The Peaceful Settlement of conflict in Georgia - Ms. Martha FREEMAN (tbc), Political Adviser, Head of Regional Office of the EU Special Representative for the South Caucasus & the crisis in Georgia, on the peaceful settlement of conflict in Georgia - H.E. Kęstutis JANKAUSKAS, Head of Mission, EUMM On the latest state-of-play (including ABL developments) - Mr. Paata ZAKAREISHVILI, State Minister of Georgia for Reconciliation and Civic Equity, on Georgia's approach towards its breakaway regions, current situation of the refugees and the IDPs in Georgia - Mr. Revaz BESHIDZE, Director of the Department of International Organizations, Ministry of Foreign Affairs of Georgia, on update on the Geneva International Discussions 9. Consideration of the draft Rules of Procedure of the Parliamentary Association Committee 10. Any other business 11. Date and place of next meeting

1 3 November, 2015 The First EU-Georgia Parliamentary Association Committee Meeting opened under the Co- Chairmanship of Mr Zviad KVATCHANTIRADZE and Mr Sajjad KARIM at 14.00 PM on November 3, 2015.

1. Opening Remarks by Co-Chairs: Mr Zviad KVATCHANTIRADZE, Mr Sajjad KARIM Mr. KVATCHANTIRADZE, (Georgian Dream) in his opening remark highlighted the importance of the relations between the European Union and Georgia, their new contractual relations and the need for its advancement. He pointed out that the Association Agreement including DCFTA empowers the Government of Georgia, reinforces its efficiency, gives it new profile in external affairs, and helps Georgia’s advancement in democratic reforms. He reiterated the declared political will of government to create an effective governing system in Georgia, and therefore, to develop and improve an adequite legislative basis, that will be in full compliance with international obligations, as well as with the demand of every single citizen of the country, and with the democratic values in general. He further stressed that the country is making progress even if the progress is incomplete or uneven. The democratic scrutiny process, by which the Parliament of Georgia exercises oversight, adds legitimacy to the policies and will be maintained in the future. Co-Chair underlined the readiness of Georgia for co-operation with the EU to tackle geopolitical consequences and political challenges that country faces. Mr. KARIM, (MEP, UK, European Conservatives and Reformists Group) thanked the Georgian authority for the warm welcome for the EP high level delegation. Mr Karim welcomed first formal meeting of the EU-Georgia PAC and congratulated Mr KVATCHANTIRADZE for his election as a chair of the EU-Georgia PAC and also on the taking the position of Parliamentary Majority. He recalled useful preliminary talks conducted between the Co-Chairs in the framework of annual International Conference Georgia’s European Way in the city of Batumi in June 2015. Mr KARIM highlighted the joint commitment to cement the Georgia’s European Way, hi underlined continues support that has been provided over the last year by the European Parliament that overwhelmingly ratified the EU-Georgia Association Agreement. Considering the First Meeting of EU-Georgia PAC he recalled to set ambitious agenda for renewed interparliamentary dialogue between the Parliament of Georgia and European Parliament. Partner’s ambition is to create solid partnership and use the framework of EU-Georgia PAC to discuss constructively all aspects of EU-Georgia Relationship. He expressed his hope that the dialogue will be delivered over the course of the first meeting constructively according to European way that Georgia has clearly chosen to embark on.

2. Adoption of the Agenda

By the initiative of the Co-Chairs, the Parliamentary Association Committee amended the draft agenda and moved the item 8: Consideration of the draft Rules of Procedure of the Parliamentary Association Committee and item 9: Adoption of the Final Statement and Recommendations in the program of first working day. The amendment to the agenda was put to vote and adopted consequently.

2 3. State of play of EU-Georgia relations Opening statements by the Government of Georgia & the European External Action Service Ms. Thea TSULUKIANI, Minister of Justice of Georgia, addressed the PAC on behalf of the Government of Georgia. She expressed gratitude towards the elected members of the Parliament from the ruling majority as well as opposition involved in the work of delegations with European Parliament. The process of Association with the EU is not the topic of any party, is the objective of whole country, the European choice belongs to people of Georgia and not to any concrete government. Minister described the important accomplishments achieved over the course of last three years by the government. The executives would not have been able to deliver such an large scale reforms without the explicit support from the Parliamentary committees. These reforms are comprehensive reforms in the field of justice, to support of rights of child, to empower the attorneys in the law court in order to ensure the equality of parties. Minister stressed the initiation of the unti- discrimination law, which was difficult and painful activity, in the framework of visa liberalisation action plan. The comprehensively reformed plea bargain procedure ensured the transparency of the process and eliminated chance for bargain where money can be changed for liberty. Mrs Tsulukiani pointed out the reforms aimed to ensure the rights of woman, in this regards the signature of Istanbul Convention was highlighted. Minister described the achievements in the field of human rights in the country, she reminded about the situation in prisons, during the previous administration, where the number of detainees amounted to 25000 people, in the inhuman conditions. To address the situation the Parliament adopted the act of amnesty on the basis of human principles. Minister talked about the revision of criminal code, which did not hindered the country’s image to be one of the safest in European. The result of the presented and other reforms was the decrease in number of application to human rights count. Minister said that today’s problem that country faces are the sophisticated problem’s that can be considered and addressed. Mrs Tskulukiani stressed that the Georgian Dream government will leave the positive legacy for future government, with guaranteed support to human rights, depoliticized prosecutor’s office, independent and unbiased judicial system, liberated media, and better political tendencies. GD Government build the credibility and trust in the public for free and fair election as only tool for power shift. Mrs Tsulukiani expressed her view on the future government, no matter who, it will be the European government reflecting the strong European choice of the Georgian people, empowered with strong Parliament and real opposition. As an answer to the questions of European parliamentarians, Minister concluded that the European colleagues need to be engaged more in European integration processes in Georgia through the strengthened political dialogue and regular communication to hear the ongoing processes and unfolding events in the country.

H.E. Janos HERMAN, Head of the EU Delegation to Georgia, welcomed the first meeting of EU- Georgia PAC, he started to reflect the European integration challenges that EU faces today during in his long history. He also commented on the transitional challenge Georgia is facing. Ambassador stated that despite the given complexity of political conditions the EU remains fully committed to its partners. EU and Georgia have achieved unprecedented levels of affiliation, and this association reflects free and democratically expressed will of people of Georgia. Euro- Atlantic choice enjoys full support across the all political forces in Georgia. It unites the political spectrum. But to maintain these tendencies there is a need for steady implementation of AA including DCFTA, profound transformation goes beyond the technicalities and sometimes need the changes in mentality. Mr Herman pointed out that the implementation process has the price, new requirements needs to be adopted, while building the competitive economy full respect to rule of law from

3 society is necessity.

Ambassador stressed that EU and Georgia have joint commitments. The EU will stick to its commitments and continue support Georgia in order to make Association Agreement to succeed and be resulted in more jobs, increased exports, and modernisation of the agriculture sector and more foreign investments into the country. Mr Herman highlighted that AA is supported in sizeable financial package; EU assistance for last three years went up to 410 mln for grants in tree particular fields: justice sector reforms, public administration and agriculture and rural development. EU help is provided in other means as well to support civil society and promoting human rights. Ambassador pointed out that obviously Visa liberalisation is important benchmark in our partnership, Georgia receives positive evaluation from the Commission, and hoped that conditions will allow tthis report concludes the technical part of the process. The political, symbolic and practical value of the visa free regime with EU is widely acknowledged.

As for the scrutiny, Mr Herman referring to shared values on the basis of EU-Georgia AA, stressed that achieving fully functional democracy is not the straight-forward exercise. EU acknowledges Georgia’s achievement in strengthening democracy and rule of law, with substantial support by the EU. Efforts to ensure the judicial independence and open and pluralistic media have become essential components of the countries’ success.

Mr Herman stated that EU expects that reform processes and AA implementation will be continues as the EU will continue its scrutiny; it appears to be very important to build on what has been achieved, ensure that democratic institutions continue fully functioning, pluralist political and media landscape is an essential component not just for Georgia’s democracy but also for its European choice. As for the future partnership, Mr Herman highlighted that AA is not the final goal in relation of EU and Georgia it is the huge grad reform strategy for convergence and transformation and in its scale and substance differs widely with similar EU agreements with third countries. During the Eastern Partnership Summit in Riga EU acknowledged European aspiration and European choice of Georgia, to achieve this it is essential that AA is implemented fully and properly. Ambassador thanked the Parliament of Georgia’s for its efforts to deepen and strengthen EU-Georgia partnership and reiterated its role in promoting European agenda for the benefit of people.

4. Implementation of the EU-Georgia Association Agreement and DCFTA

Mr. Gigi GIGIADZE, Deputy Foreign Affairs Minister of Georgia, pointed out that Georgia is on the decisive stage of the Visa Dialogue with the EU. The timely and productive finalization of this process is of outmost importance for the government. The results to be achieved in the short term is critical in term of managing the public expectations, to demonstrate that the partnership with the EU is beneficial for each citizens and is the relevant outcome of governmental reforms. Achievement in that regard is also balancing the increasing Russian propaganda. Visa Liberalization Action Plan triggered the reform processes in many fields. Some of them were unpopular reforms but effectively managed by the government. The third report from European Commission positively assessed the outcome of the reforms that resulted in more accomplishments then it was expected, as a result EC proposed the complementing recommendations. Due to active collaboration between the government and the parliament more then 15 legislative amendments were adopted, new

4 instructions and regulations were developed with the aim to strengthen the institutions.

Deputy Minister presented the major developments implemented in the framework of VLAP: He pointed out the creation of Labor Inspection Department, the adoption of new Law on Civil Service, founded on high international standards for Civil Service and developed by active involvement of NGOs and international organizations. Based on the respective legislative amendments systematic monitoring asset declarations of Civil Services are going to be implemented;

According to the legislative amendments, defined direct (simplified) additional criteria related to the State Procurements; Reform of Prosecutors Office was emphasized in greater reform of Justice System. According to the legislative amendments, international standards relevant procedure of appointment and exemption of Chief Prosecutor has been introduced, also Prosecutorial Council, The Conference of Prosecutors and Special Prosecutor has been established. Relevant measures have been appropriated, including legislative amendments, in order to ensure fair and voluntary Plea Bargaining procedure. As a result, compared to 2014, the number of cases ended by Plea Bargaining decreased by 5.2%.

Through the Third Wave of the Justice reform, relevant legislative amendments were developed, according to which the judges, who has 10 years of experience as a judge, after assignment of the new term, as an exception, won’t pass 3 years of mandatory probationary period. According to the legislative amendments, sanctions have been tightened on the border cash transportation issues and a new form of the declaration has been developed. Criminal liability of Drug Possession and Selling has been separated and sanctions for drug possession have been eased. Important steps have been made in the field of Migration Management: The Law on Labor Migration has been adopted, The Unified system’s Concept of Migration Risks Analysis, Migration strategy for the 2016-2020 years and Unified analytical system of Migration has been developed; The series of measures have been implemented in order to improve exiting mechanisms and procedures in the field of Asylum Policy.

Information Campaign on the EU visa-free regime has been activated in order to raise awareness (Meeting with communities, local authorities and media representatives, published and distributed information brochures, broadcasted video-clips). In the process of information campaign Balkans and Moldova experience have been considered. Deputy Minister expressed his hopes that upcoming report will be final for Georgia, and it will be resulted in the official legislative proposal from the Commission to the Parliament and Council to approve the visa free regime for citizens of Georgia in near future. He also commented on the challenges of migrant crisis occurring in the territory of EU and by recalling the decisive role of the EP in adoption of the final political decision and asked for the support of represented MEPs of EU-GEO PAC.

Mrs. IRMA KAVTARADZE, Deputy Minister of Economy and Sustainable Development of Georgia, expressed her gratitude to European Union and its permanent support for Georgia that everybody feels in the implementation process of DCFTA and AA agreements. Her report underlined that Association agreement alongside of economic and political corporation it also means creating a space of DCFTA and this case gives possibilities to receive three fundamental freedom, free movement of goods and capital, furthermore Georgia will free access to 28 countries market in case of successful implementation of these agreements. Mrs. Kavtaradze overviewed the successful reforms and ongoing developments which are carried out by the government of Georgia

5 in the frame of DCFTA and Association Agreement agenda. She highlighted Social-economic Developments Strategy - Georgia 2020, which is one more evidence of Georgian Government’s readiness to carry out successful and sustainable reforms to maximize its efforts and make realization of these agreements. Therefore, she noted that Ministry especially pays attention to civil society participation process and in this regard consulting groups have been created in order to increase public awareness on DCFTA issues and also information campaigns were carried out in Tbilisi and in other regions that includes meetings with public, private and non-governmental sectors. She mentioned that continuing a work to develop government strategy for small and medium enterprises, in this respect about 116 projects have been elaborated which helps to create new jobs and promote small and medium business, at the same time special agencies developed consulting groups which aims to introduce and share best European and global standards and support a standardization and evaluation of Georgian products quality and she also added that Phyto sanitary and veterinary standards are very important in working agenda and number of amendments to existed legislation have been adopted which is followed by EU experts recommendations. For the close she stressed that EU integration is not self-choice of Georgian government, it is a fundamental choice of Georgian people which will bring benefits every single Georgian citizen and help to country’s noble goals to be achieved. Mr. IRAKLI KHMALADZE, Deputy Minister of Energy of Georgia, made a brief presentation of ongoing process in the field of Energy policy and underlined that within the framework of Association Agreement, in 2013 the government of Georgia decided to be a member of European Energy Community and negotiations were conducted on this issue. European Energy Community is major priority of Georgia energy policy and in this regard the Ministry is putting its efforts. He further, noted that executive branches are improving infrastructure of both, electricity and gas supplies, developing efficiency of energy sector and cooperation with Azerbaijan partners, number of projects have been implemented which will help to strengthen the energy sector and will make Georgia reliable partner for the neighbors and in whole region. Mrs. NINO GRDZELISHVILI, Head of European Integration Coordination Department, Office of State Minister of Georgia on European and Euro-Atlantic Integration, welcomed to the committee members and the guest, in her speech she itemizes the State Minister Office functions as coordinator body. She underlined that under the National Action Plan of AA many tangible reforms and steps have been taken which positively evaluated by the first meeting of association council. She further mentioned that own department actively cooperate with all respective institution and permanently prepares six and nine monthly reports which can be find on the website of department, both Georgian and English versions are provided. She clarified that the State Office of Minister carries out also monitory activities, working with different ministries, inter agencies and with nongovernmental sector, the monitoring process is based on regular daily communication and collecting an information about ongoing process. Mrs. GRZELISHVILI emphasized the reforms in the field of rule of law, probation and penitentiary institutions, protection of classified information and reform also in civil sector, agriculture and environment and in culture. In the regard to legislative reforms she thanked to the Parliament of Georgia for hard engagement in these processes. According to her report Georgia is a first country among the AA signatory countries where civil society engagement has been very active and properly presented in the elaboration and implementation of Association Agreement National Action Plan.

5. EU assistance in support of the implementation of the Association Agreement

6 Mr. KAIDO SIREL, Head of Operations of EU Delegation to Georgia, made a short presentation about European Union assistance to Georgia and overviewed how European Union is supporting to Georgia for the implantation of Association Agreement. He mentioned that European Union’s wide ranging support is towards infrastructural facilities and also projects which are supporting to internal activities and internal connectivity in the field of energy, transport and environment. In his report highlighted that Georgia as other eastern countries already applies big European projects such as Greater Europe and More to More. The biggest part of assistance to Georgia coming from bilateral instruments called European Neighborhood Instrument, in general this is the main financial and cooperation instrument which providing around the hundreds million euros divided by annually. He underlined ongoing projects such as Comprehensive Institutional building is very important which is putting forward five major areas of assistance, one of big priority is public administration reform, justice, agriculture and rural developments, in addition he mentioned Twinning programs which offers best European practice in terms of Legal Approximation and provides policy advisory mechanisms for capacity building, entirely it covers around 25 Twinning programs which were conducted for State Audit Office, for Georgia Revenue Service, for Ministry of Finance, Georgia Civil Aviation, and for other agencies. He noted that the majority of EU operative assistance will be targeted to the Association Agreement implementation process, among them Technical Cooperation Facility program which was adopted by the European Commission a few weeks ago and will be contracted by the parts for the next year. This program amounts 14 million euro and given assistance to Georgia based on demands, he clarified that means if some of the fields need assistance in the implementation process of AA, it will be provided by EU, those request will be integrated within of this cooperation facility program. LASHA TUGUSHI, Chairperson of Eastern Partnership Civil Society Forum Georgian National Platform, presented the information on behalf of civil society national platform in Georgia and emphasized an importance of a day of the first meeting of the EU-Georgia PAC. In the beginning of his speech he stressed that the Association Agreement is not final document and last one at all, it is the instrument for progress at home, which is called Europe. He said that national platform is the biggest pro-European coalition, which consists about 160 nongovernmental organizations and major objectives are European Integration issues. He added that national platform has not finally formalized yet by the European part and they already addressed to European Delegation to fulfill their obligation in this respect under the AA. Mr. TUGUSHI mentioned that they are actively involved ongoing processes and developed up to 30 policy documents, participating with government in the law drafting process and elaboration on different reforms. In the context to achievements he underlined that they have a good opportunity to cooperate with the Parliament and have a special office that located into the Parliament building which make available to communicate directly with members of the parliament and with the political factions. Hence, he mentioned that they have recently completed negotiations with government that aims to sign a memorandum which comprises some relevant cooperative conditions, including an annual conference, which will be based on mutual preparation process, including government takes a responsibility to take into the consideration suggested comments and recommendations by the National Platform in the field of European Integration. Mrs. TUGUSHI in his speech mentioned that today the main problem in Georgia is that situation is extremely politicized and radical, those heavy political field even it have become heavier before the upcoming election, which is very important and principal for Georgia. Because Russian influence increases, it not just propaganda or so called soft power and civil society needs constructive attitudes and has to make a lot of efforts in order to decrease the political temperature. Mr. Tugushi noted the case of Rustavi 2 and media issues, in these respect he

7 expressed hope that Georgia will find best solution and way out from this situation that will not damage reputation of the country and not even humiliate freedom of expression rights. He reiterated readiness to play constructive role in order to ensure stability and peace and facilitate democratization process of Georgia. 6. Consolidation of the Democratic Reforms in Georgia

Mr. Aleksandre BARAMIDZE, First Deputy Minister of Justice of Georgia, discussed fundamental legal and institutional reforms carried out by the government of Georgia over the past three years in order to democratize, to strengthen rule of law and good governance, to establish independent and fair justice in the country, to guarantee human rights and fundamental freedoms including freedom of expression and independence of the media.

Mr. Deputy Minister underlined successful completing two phase of the reform of the justice system resulting in reform High Council of Justice as open, transparent and democratic institution, where non-judge members are representatives of civil society in spite of politicians. Nowadays the trials are open for TV broadcasters. It is introduced the judges fair and transparent assignment and assessment system. Third phase of the Judiciary reform is under parliamentary discussion.

Mr. BARAMIDZE further stressed some important initiatives: electronic distribution system of court cases according to the complexity parameters; regulation of sending judges in the other courts due to recorded clear and transparent procedures in the law; future important initiative in the Court of Cassation and in the Supreme Court, namely an appeal from the Court of Cassation in the Supreme Court will be allowed even if the contested decision would be contrary to the human rights court native practice, in order to strengthen European judiciary experience and increase quality of justice in the country.

Mr. Deputy Minister focused on the institutional reforms of the prosecutor's office carried out since 2013 after cession of prosecutorial rights by the Minister of Justice. There are main responsibilities of the Prosecutor strictly defined in the law in case if he/she has committed a disciplinary offense. Prosecutorial Council will be created including all three branches of government representatives, as well as civil society representatives and the prosecutors, chosen by their own equal ones. The report prepared by Ed hoc Special Prosecutor will be presented to the Prosecutorial Council and the Parliament with aim to set prosecutor's responsibility. Prosecutors Conference is established as Prosecutors government body. This reform has been welcomed by the Venice Commission which had its own recommendations. 35 of recommendations were reflected in the law, including Venice Commission’s, OSCE, ODIHR and COE.

Mr. BARAMIDZE further highlighted reforms held in Criminal Justice system, namely adoption of the Juvenile Justice Code considers all international standards including Child Rights Convention and many other international acts. Adopted Juvenile Justice Code is based several approaches: priority of the child's interests, priority of the lightest measures, preference of bail, diversion and restorative justice measures rather than criminal prosecution, use of imprisonment and detention measures only in extreme cases, involving only specialized judges, prosecutors, lawyers and others in the implementation of Juvenile Justice. Former Soviet Union member countries conference will be held in Georgia to learn about this Code. It is highly praised by UNICEF and EU and shows huge interest in the international community.

8 Mr. BARAMIDZE further pointed out new amendments to the Criminal Code to be presented to the Parliament of Georgia on spring session based on the following principles: liberalization, modernization and humanization of new approaches, more liberal approach as for criminal sanctions, judicial control on plea bargaining. As for Pre-trial detention reform, OSCE recommendations – imposing automatic periodic judicial review mechanism on custodial measures are included and adopted by the Parliament in January 2014.

As for Jury Court reform, rule of examination of witnesses and evidence regulatory norms are in progress. October 2016 the Criminal Procedure Code will be relevant to the International Criminal Procedures.

Mr. Deputy Minister along with other reforms regarding to fight corruption, to establish good and open governance discussed following reforms in Public Service Law – to establish professional, independent, stable and non-political bureaucracies; the Law on State Procurement - to set simplified purchase under clear legal framework; to launch online submission program of Asset Declaration System to detect of violations in this regard.

Mr. BARAMIDZE estimated progress achieved by Georgia in fight corruption and good and open governance according to international indicators, including world right governance indicator, world justice projects, rule of law index, transparency international, global corruption barometer and other indexes; according to these indicators Georgia is in the first place in the region and in global context takes advanced position. As for freedom of expression and independence of the media there is complete freedom. The evidence of this is several opposition TV channels in the country.

Mr. KHUTSISHVILI – made a presentation about the reforms that have been made by the Ministry of Internal Affairs of Georgia. He mentioned that the Ministry plays an important role in the process of European Integration. Minister described the pre-history of the reforms. In 2005 the government unified the ministries of internal affairs and Ministry of security, which worked for 10 years. GD Government started comprehensive reform in 2012. In 2013 adopted a new law on police that entered into force in the beginning of 2014, which has been developed on the example of European experience. In 2015 has been made reform of Ministry of Internal Affairs and created a State Security Service of Georgia, which is under the control of government. The head of this service is not a political person, elected by the Parliament of Georgia for 6 years. This reform enabled Ministry of Internal Affairs to develop its own authority. Deputy Minister presented the steps that have been taken for personal data protection, to introduce the stricter legislation. The preparations for signature the agreement with Europol were highlighted. As for migration policy Mr Khutsishvili said that it is the problem of both sides. Ministry created a department of migration and built a shelter for illegal migrants. Mrs. HAUTALA expressed gratitude towards the Government and Parliament of Georgia for the steady implementation of the Association Agreement. The reforms of Justice and Security Sectors are very important. Also reform concerning to Juvenile Criminal Code is a great advancement of human rights. She noted the importance of participatory consideration of the presented reforms. Mrs. HAUTALA had a question to the representative of Ministry of Internal Affairs about anticorruption agencies in the context of national security organization.

9 Mr. KHUTSISHVILI answered that this sphere is not in the competence of Ministry of Internal Affairs and State Security Service is responsible for the respective field. Mrs. BOKUCHAVA had a question to the representative of Ministry of Internal Affairs that they did not take steps about the destruction of illegal records and investigation should be conducted about the fact that such records is available to society and seen by children also. She referred to the OSCE/ODIHR report and asked Deputy Minister about the automatic periodic revision that was about pre-trial detention, the fact that happened to Mr. Ugulava case that was not considered by the government. She stressed that the report also mentioned that there were facts of violation of presumption of innocence. MRS BOKUCHAVA thanked civil society that they are supporting UNM, and that they remind the government about the significant issues. Mr. KHUTSISHVILI answered that the records have been destroyed by the Ministry of Internal Affairs and the communications to the Ukraine is underway since the mentioned happenings where done from its territory and investigation continues. He did not comment on the public display of the mentioned records. Mr. BARAMIDZE noted about OSCE/ODIHR report, that he made a statement on legislative sight. He mentioned that court is an independent and the Ministry of Justice could not interfere in its activities. As for Ugulava’s case he was released as accused and on the second day the court recognized him guilty. Mr. GACHECHILADZE had a question to representative of Ministry of Internal Affairs about the transnational drug crime and the process of its investigation in Georgia ?

Mr. KHUTSISHVILI responded that there is a progress in the investigation of the transnational drug crime, and respective legislative changes were adopted. Investigation is going on every concrete case that is effective on the side of transnational crime. Mr. LONDARIDZE had questions to the representatives of Ministry of Internal Affairs and Ministry of Justice about the governmental corruption where there started investigation about the facts. He thanked European colleagues for informing us about the reforms that should be done. He stressed that today in the country there is a case of selective justice. The pre-trial detention is used for the political puposes. He stated that to European colleagues that democracy is under threat in the country, and there is pressure on televisions. Mr. BARAMIDZE mentioned that many of the questions are not relevant to Ministry of Justice. There is Prosecutorial Council where can be one person from the opposition party but there is not. What is about the case of Rustavi 2 we support any kind of media and we could not involve in private legal dispute. Mr. KHUTSISHVILI mentioned that the facts about corruption are not subject to Ministry of Internal Affairs. Mr. VASHADZE noted that that there was misunderstanding in the Ministry of Justice when the owner of Rustavi 2 wanted to make some kind of registration. In the country there is systemic corruption, and acts of broadcasting of video of torture. He asked about the investigation process in the facts expressed by him. Mr. BARAMIDZE responded that Ministry of Justice is not a body to make an investigation it is not its function. Mr. VOLSKI had question to the representative of Ministry of Internal Affairs about the illegal migration and if they have coordination to their European partners.

10 Mr. KHUTSISHVILI noted that one year ago created department of migration at the Ministry of Internal Affairs and it works very actively in cooperation with European colleagues. At this stage the works are underway for the identifying the indicators for risk assessment. Mr. DOLIDZE welcomed the second PAC meeting in Tbilisi and called it historical day at the Parliament of Georgia. He also thanked to European colleagues for their engagement. He noted that for future meetings will be more effective and regulated by relevant procedures. He asked about the illegal tapping and the works of the State Security Service of Georgia. Mr. KHUTSISHVILI commented that tapping system is competence of State Security Service of Georgia.

7. Adoption of the Final Statement and Recommendations After a debate on the draft text, Mr KARIM announced that the joint recommendations were adopted as amended. He thanked to the work of EU-Georgia PAC with the positive and constructive approach.

4 November 2015 8. The Peaceful Settlement of conflict in Georgia Ms. Martha FREEMAN, Political Adviser, Head of Regional Office of the EU Special Representative for the South Caucasus & the crisis in Georgia discussing the peaceful settlement of conflict in Georgia underlined the climate for Geneva International Discussions and EU’s non- recognition policy challenged by the number of issues: the effect of regional developments connected with Ukraine, the signing of Russia’s so-called “treaties“ with Abkhazia and South Ossetia, construction of so-called border infrastructure, including demarcation signs put up in July in the South Ossetia. The security situation remains stable, but fragile for Geneva International Discussions and the IPRM. Despite this challenges Geneva International Discussions themselves have made progress, became stabilized, and has readiness for frank and open discussion on more difficult issues. Despite divergent views, in the last 33 rounds were successful because Georgian government makes efforts for more dialogue. USA and coaches carries certain innovations to stimulate discussions for the benefit of communities affected by the conflict. They have initiated discussions on threats perceptions to promote transparency, more field visits during the regional consultations, more bilateral exchanges between participants, humanitarian issues, such as medical emergencies, cultural heritage, and specific environmental threats.

However states related concern in trench positions and regional developments diminished the possibility for constructive ambiguity. This affects discussions’ some core issues. Freedom of movement is discussed but often in the controversial manner. There has been no progress to date in terms of direct discussions on international security arrangement. The issue of basic rights of Georgian population in Gali and Akhalgori respectively continues to be discussed, although status related issues of IDP’s, a core gender point and humanitarian discussion is raised. In terms of wider EU engagement efforts toward conflict transformation it continues to implement confidence building and humanitarian programs in the region of Abkhazia, but in South Ossetia access was severely limited. One of the most important issues is European studies for Abkhazian students. Civil society engagement in dialogue has come under pressure. There are elements in Abkhazia which do not wish to limit engagement to the Russian contests alone. This provides the space of

11 opportunities. The EU supports to Georgian government’s efforts, from dialogue based approach to peaceful conflict transformation. There is still limited public discourse on conflict transformation. H.E. Kęstutis JANKAUSKAS, Head of Mission, EUMM started with reminding the mandate of EU monitoring mission, which has been fulfilling its mandate on normalization confidence building and reporting to Brussels and EU member states for 7 years. Discussing general security situation Mr. Ambassador especially focused on situation along the administrative boundary lines with Abkhazia and South Ossetia. Describing security situation during this summer as relatively calm, Mr. JANKAUSKAS stressed some eventful situations: new green information signs being placed on South Ossetian side of the administrative boundary line near Khurvaleti village, also quite intensive works in Abkhazia crossing Enguri River for installation of wire fences. Armed personal was near to ABL but situation was under control. The current security situation from the other sides is framed by so-called treaties which were signed by Russian federation with South Ossetia and Abkhazia. Increasing military activities and trainings, supplies new military equipment in these regions, Russia prepares railway troops to repair railway in Abkhazia. In South Ossetia there are not so many fence installation activities but there are so- called green information signs and unfortunately over 150 residents from Tsitelubani village lost access to their lands. Number of detained residents is increasing in Abkhazia. According to the Russia such kind of tense situation is up to come. Mr. Ambassador mentioned schoolchildren and medical crossings from Abkhazia. More people are coming to Zugdidi for medical treatments, more these cases are facilitated by EU mission. Schoolchildren who were coming from Abkhazia to Tbilisi are few in number. The mission is maintaining hot line which is 2047 arrangement facilitating exchange of information as well as incident prevention and response mechanism with south Ossetia every month in the village of Ergneti. This arrangement helped to keep security stability on the ground.

Mr. Paata ZAKAREISHVILI, State Minister of Georgia for Reconciliation and Civic Equity, noted that conflict is one of most important challenge for Georgia and discussed Georgia's approach towards its breakaway regions. He mentioned that new government had not very good conditions for conflict resolution, but in recent years managed to refract existing stagnation, turn old politics, which failed. The Minister underlined three directions founded by the government: (1) Rebuild relationship with Abkhazian and South Ossetian societies stopped since 2007 and which has led us to the tension in south Ossetia in 2008, then Russian occupation, recognition of the occupied territories from Russia. (2) More democratisation of Georgia, more integration into European structures. (3) To regulate Russian-Georgian relations as far as possible in the current situation. There is no diplomatic relation between and this issue will not be reviewed till Russia is recognizing independence of Abkhazia and South Ossetia. Nevertheless there are some resources to ease the situation. In this regard, he noted appointment of Prime Minister's special representative for relations with Russia. In general positive background is founded. Mr. ZAKAREISHVILI summarized progress in all three directions: relations with Russia are stabilized as a result of tactical steps. Most important for

12 Georgia are democratic reforms, institutionalization into European structures. Georgia is leader not only in the region but also in the Eastern Partnership countries; however, it still has some challenges. The visions of the government of Georgia and its population are complementary. Mr. ZAKAREISHVILI highlighted that Abkhazian and South Ossetian societies are watching with interest how successful Georgia will be toward European integration. Nowadays they have clearly expressed pro-Russian politics, but they have a perspective, depending on where Georgia will be after some years. If Georgia will have strongly expressed integration into European structures, they will have more chance to determine their own future. The Minister mentioned that Georgia has long way to go towards Europe, but a process, values are the most important, to make progress visible for people left beyond the wire fence. Mr. ZAKAREISHVILI also discussed Russian reaction regarding Georgia’s European aspirations. He once again noted about signing “agreements” between Russia and the breakaway regions, building wire fences as a response to warming relations between Georgia and Abkhazian and South Ossetian societies. Georgian government managed so that many people from Abkhazia and south Ossetia arrive Georgia to benefit with common goods offered from Georgian side: first of all health care and not only, also business, education, leisure and of course restoration of family relationships. Although Russian officials speak about their welcoming attitude to Georgian-Abkhazian and Georgian-South Ossetian relations, after each step forward Georgian side faces resistance. This clearly means that they first of all impede NGOs, representatives of civil society to establish contacts with Georgian side. The Minister resumed, three years are enough to confirm its declaring politics in practice. Georgian Government excludes any aggressive rhetoric or actions; therefore there was none of the escalating sign. In response, part of the population trusts the Georgian side and this politics created interest in Abkhazian and South Ossetian society in Georgia’s European perspectives. In his speech the Minister discussed current situation of population in breakaway regions. He mentioned that population on these territories are not ethnic Russians, but Caucasians, Abkhazians and Ossetians, culturally different from Russians. There are people who cannot accept integration with Russia and resist and we want to support them. Mr. ZAKAREISHVILI also highlighted the importance of European institutions involvement and support to the non-recognition policy. He especially highlighted COBERM programme, which promotes the development of civil society in the occupied territories. Therein previously there was lack of confidence but nowadays communities, especially in Tskhinvali region, have confidence to this programme. Therefore it is necessary further joint efforts from the EU and UN. Many European institutes, including COE assist Georgia. As a whole, contributes to confidence building. He emphasized the existing situation in Gali region, where teaching Georgian as a native language is significantly reduced and replacement by the Russian language – one of most serious challenges for Georgia. Apparently it seems that the process of Russification of Georgian regions is undergoing. As the EU has contacts with Russia, in this regard, it is necessary to pay more attention to these issues. We can have interesting results in conflict resolution framework if EU-Georgia PAC could found “road map“, it would clearly highlight the parliamentary relations.

13 Mr. Revaz BESHIDZE, Director of the Department of International Organizations, Ministry of Foreign Affairs of Georgia, welcomed the first meeting of EU-Georgia PAC, expressed gratitude to the European Parliament for support Georgia's sovereignty and territorial integrity. Discussing the Geneva International Discussions based on the cease-fire agreement, noted that during seven years 33 rounds has been already conducted, and the last round was held on October 6-7 discussing security and humanitarian challenges. To conclude two rounds in succession discussing all issues on the agenda indicates positive trend to ease tension and create an appropriate environment conducting negotiations. Mr. BESHIDZE highlighted some challenges facing during the discussion rounds: Russia's several attempts to change the format and agenda. The agenda itself is not an obstacle; it is politicized by individual participants. Despite of discussing all issues there is no progress on the main issues, such as none use of force and establishing international security mechanisms. Georgia twice took legal obligations not to use of force; on the contrary Russia has not done it yet. Along with working on political statement relating none use of force creeping annexation of Georgian territory and so called “borderization” process is intensified. One of concerning issues is a lack of international engagement in the occupied territories. Commissioner for Human Rights visiting occupation zone last year estimated these territories as “black holes”. Obviously more engagement of the international organizations is needed. The IPRM operates only in Tskhinvali region, unlike to Gali region, due to the position of Russia and the occupation regime representative. Common issues of concern such as cultural heritage and cooperation in the environmental field were discussed during last round but the newly imposed restrictions on gaining education in native language evoked debates. But issues such as internally displaced persons should be discussed more thoroughly. Our delegation's position on these issues is more active and constructive engagement and establishing direct contacts with “de facto” representatives to increase confidence building degree.

Q&A

Mr Gia Volski addressed to Mr Beshidze with a question about the terming “creeping occupation”; He mentioned that every political group in Georgia understand the gravity of the occupation itself and the condition of people left beyond the wire fence. But the terming “creeping occupation” is quite interesting and is it often a subject of political speculation. He noticed if there is any map, which is mentioned in President Saakashvili’s decree on May 10, 2007 about administrative boundary with South Ossetia which should be controlled by the temporary administration established by him. He noted that the decree is not accompanied by the map and asked when it’s called “creeping occupation” what is the evidence? Do they cross the boundary defined in above mentioned decree or the boundary existing during Soviet period? He asked for some explanations in this respect.

Mr Gia Volski addressed Mr Paata Zakareishvili with a question about the law of Georgia on Occupied Territories. He recalled earlier case, when the member of Russian Delegation to PACE was denied an entry to Georgia on grounds that he had violated the law of Georgia on Occupied

14 Territories. He asked for some explanations if there is possibility to make some amendments to this law, in order to introduce a new standard and to avoid sanctions.

Answering the query of Mr Gia Volski Mr Paata Zakareishvili clarified that upon coming to power new government’s one of first initiatives was to make some amendment to the law of Georgia on Occupied Territories in December 2012 and declared in January 2013 with aim to decriminalize and to develop in more humane direction. The fact was that foreign citizens, not only Russian ones, trying to enter Georgia via Russia were criminal offenders according to this law. This initiative was under Parliamentary discussion but due to some urgent parliamentary duties it has been postponed. There is a working group on solving the problems of conflict areas under Premier- Ministers authority, where improving of the draft law is underway and it will be presented to the Parliament in the near future with aim to fight against the occupation and not to violate human rights.

Answering the query of Mr Gia Volski Mr Revaz BESHIDZE emphasized that creeping occupation/annexation really shows up and has several revealing including installation of banners where it had not been before; it is part of so called illegal “borderization”. As for maps, he clarified that there are cartographic materials, topographic maps, earlier carrying through the Interior Ministry, currently carrying through the State Security Service of Georgia.

Answering the query of Mrs Heidi HAUTALA Ms Martha FREEMAN noted that focusing on different EU elements, EUMM and EU delegation, grassroots approach is direct support to the various agencies working on that, ex. UNCR, UICEF. Justice and human rights including freedom of movement are key issues discussed in the humanitarian context in the Geneva International Discussions and in terms of pragmatic consideration in IPRM. It is very important to keep and push these efforts. Engagement programs developing civil societies are important to work in these areas to be able to uphold human rights. Ms. FREEMAN further explained in mediation context trying to find pragmatic solutions there are golden lines, and golden standards need to be risen which are raised but the same time it is important to find real solution for the real people affected. There are red lines can’t be stepped. People, specialists able to visit region try to facilitate.

Answering the query of Mrs Heidi HAUTALA Mr Paata Zaqareishvili expressed his gratitude to EU for its support and noted that most important is not to ease up support to non-recognition politics. Georgia with EU proposes to the population in breakaway region to protect their political and civil rights and to discuss Georgia’s federal governing/arrangement, including Abkhazia with a special status.

Most important is EU relations with Russia, which clearly plays with double standards; one hand publicly states support to people-to-people relations, on the other hand there are clear facts that Russia tries to prevent rapprochement of the South Ossetian and Abkhazian society with Georgia. Therefore EU should maintain the issue of Georgia’s territorial integrity in its agenda with Russia; Georgia, in turn, excludes from its side to return territories through military actions.

Answering the query of Mrs Heidi HAUTALA Mr Revaz Beshidze made some clarifications about the facts occurred in Abkhazia in 90s. Considering the number of those killed and the gravity of the facts, Georgian side tried to give the qualification of genocide, however, it was not managed, but

15 qualified as ethnic cleansing confirmed in several international documents including OSCE Final Document in Bucharest, Lisbon and Istanbul. The issue of ethnic cleansing itself is discussing under various formats during the negotiations.

Ms Tinatin Bokuchava focused on Geneva International Discussions, specifically about Georgia’s efforts to maintain the issue of IDP opposed by Russian side in the second working group, also the issue of security management opposed by representatives of breakaway regions in the first working group, and asked for detailed information about expecting any progress in this direction. MP also stressed the importance of IPRM and expressed concern disable of working this mechanism in Abkhazia during the last time. Ms. Bokuchava also referred to equal participation of women in conflict resolution and requested to present the information to Gender Equality Council.

Ms Bokuchava noted the importance of humanitarian issues and direct contacts and expressed her interest in information about so-called status neutral documents; people living in occupied territories can use them, through which they can have access to medical services and free movement inside and out the country.

Answering the query of Ms Tinatin Bokuchava Mr Revaz BESHIDZE clarified that as Geneva International Discussions is based on two major topics – security issues and IDPs, neither side is able to avoid discussing these issues. The annual resolution on the status of refugees and internally displaced persons in New York is always politicized. As Geneva International Discussions is not the negotiation only between Russia and Georgia, the Georgian delegation will continue to work in this direction. As for the international security mechanisms, unfortunately it is unable to make progress due to Russia's strict stance. Mr Beshidze referred the fact that EUMM unfortunately is not able to make its comprehensive measures in the occupied territories. As for IPRM regarding Gali region he noted that Georgian side is working on it.

In answer to a query by Ms Bokuchava Mr Paata Zaqareishvili added that IPRM meetings are regularly held in Ergneti as approval of out true desire to work this format. The fact that access in Abkhazia is limited is because of Abkhazian side despite of Georgia’s efforts. As for status free documents according to the information available to us people prefer Georgian passports rather than status free documents, however Government of Georgia uses this alternative document. Georgia’s progress toward visa liberalization gives hope to increase the interest in Georgian passports is people living in occupied territories.

Answering the query of Mr Giorgi Vashadze about the developments in Ukraine in regional context Mr Paata Zaqareishvili explained that despite of the same source of conflict Ukraine and Georgia have different resources to deal with. Sate Minister underlined that even two conflict regions in Georgia, Abkhazia and South Ossetia differ from each other. Georgia already has some steps forward and international society should know that Georgia copes with its challenges. Georgia has its own experience and there is no need to create the sense of futility. As for sanctions against Russia Mr Zaqareishvili stressed that each state should follow its national interests.

Mr Giorgi Cachechiladze reminded Hague prosecutor’s planned visit in Georgia to investigate conflict in 2008. Further reminded that in the framework of Geneva Convention 1977 (ENMOD) it is important fact that during the conflict in 2008 1100 hectares of forest area were destroyed and

16 huge territories were polluted after exploding oil terminals. Mr Gachechiladze also noted that despite the commitment to Article 51 of the UN Charter Government of Georgia addressed UN Security Council only after Russia had addressed with absurd accusation. Further mentioned appointment of Grigol Vashadze as Minister of Foreign Affairs of Georgia in December 2008, who previously worked in Russia’s secret structures.

Mr Revaz BESHIDZE in response of Mr Gachechiladze’s statement noticed that environmental issues are discussed in the format Geneva International Discussions. As for UN Security Council, there are some resolutions and the issue of Georgia still remains in its agenda.

In answer to a query by Mr Victor Dolidze, it was explained by Mr Revaz BESHIDZE and Mr Paata Zaqareishvili that Abashidze-Karasin meeting does not interfere Geneva International Discussions. In contrary, some divisions were made among the: de-occupation issue which is most important is discussed in Geneva and some issues with possible solution can be discussed during Abashidze-Karasin meeting. These both formats complement each other.

9. Consideration of the draft Rules of Procedure of the Parliamentary Association Committee

Mr Sajjad Karim welcomed the fact the adoption of the RoP is finalized at the Parliament of Georgia, and informed the audience about the procedures ongoing at the European Parliament for the adoption of the RoP. As for the creation of sub-committees he expressed the view to mirror the relevant sub- committees that are functioning in the executive branch of the government at the Association Council.

Ms Tinatin Bokuchava and Mr Giorgi Vashadze voiced concern that they did not have the final document. MRS Agnieszka KOZLOWSKA-RAJEWICZ referred to the necessity for the review of procedure for the discussion of amendments as defined by RoP. In response, Mr Zurab TKEMALADZE explained the documents were delivered in time.

10: Any other business Mrs. HAUTALA expressed her view to organize next meeting of EU-Georgia PAC back to back to EURONEST PA Plenary session during the upcoming spring in the city of Brussels.

Mrs. Guguli MAGHRADZE informed the PAC about the Parliament of Georgia’s association with COSAC – Conference of Parliamentary Committees for Union Affairs of Parliaments of the European Union. She pointed out the importance for the participation of Committee on European Integration in COSAC meetings in order to lobby the European integration agenda of the country.

11: Date and place of next meeting Co-Chair Karim announced that the next EU-Georgia PAC will be held in Brussels in the March 2016.

The First EU-Georgia PAC ended at 12h30.