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December 31, 2018 Promoting Rule of Law in Georgia PROMOTING RULE OF LAW IN GEORGIA (PROLoG) CA # AID-114-A-15-00004 QUARTERLY REPORT YEAR FIVE OCTOBER 1, 2018 – DECEMBER 31, 2018 1 PROMOTING RULE OF LAW IN GEORGIA ACTIVITY (PROLoG) QUARTERLY REPORT YEAR FIVE OCTOBER 1, 2018 – DECEMBER 31, 2018 Prepared under the USAID’s Promoting Rule of Law in Georgia (PROLoG) Activity, Cooperative Agreement Number AID-114-A-15-00004 Submitted to: USAID/Georgia as of January 28 2019 Implementer East-West Management Institute, Inc. Responsible Parties: Giorgi Chkheidze, Chief of Party, Tbilisi, [email protected] Mark Dietrich, Project Director, Washington, D.C. [email protected] Disclaimer This report is made possible by the support of the American People through the United States Agency for International Development (USAID). The contents of this report are the sole responsibility of East-West Management Institute, Inc. and do not necessarily reflect the views of USAID or the United States Government 2 TABLE OF ACRONYMS ACCESS Advancing CSO Capacities and Engaging Society for Sustainability ADR Alternative Dispute Resolution CA Cooperative Agreement CEPEJ European Community for the Efficiency of Justice CIDA Civil Development Agency CRRC Caucasus Resource Research Center CLE Continuing Legal Education COE Council of Europe COP Chief of Party DCOP Deputy Chief of Party ECtHR European Court of Human Rights EHRAC European Human Rights Advocacy Centre EMC Human Rights Education and Monitoring Center EWMI East-West Management Institute Free-Uni Free University of Tbilisi GDI Georgian Democracy Imitative GBA Georgian Bar Association GIZ German Society for International Cooperation GTUC Georgian Trade Unions Confederation GYLA Georgian Young Lawyers’ Association HCOJ High Council of Justice HRC Human Rights Center HRCS Human Rights Center of the Supreme Court HSOJ High School of Justice JAG Judges Association of Georgia LAS Legal Aid Service L-N Lexis - Nexis M&E Monitoring and Evaluation MOJ Ministry of Justice NCCL National Center for Commercial Law NIHR Free Uni national Institute for Human Rights NGO Non-governmental Organization Coalition The Coalition for an Independent and Transparent Judiciary PDO Office of the Public Defender PROLoG Promoting Rule of Law in Georgia TSU Tbilisi State University TDI Tolerance and Diversity Institute TOT Training of Trainers TI Transparency International - Georgia USAID United States Agency for International Development USG U.S. Government WUSL Washburn University School of Law 3 Executive Summary Sub-Purpose 1: Strengthen Legal Framework Judicial Reform Parliamentary leadership cited political turbulence related to the October-November presidential election as justification for the Parliamentary Judicial Reform Working Group (PJR WG) not moving forward with the so-called “Fourth Wave” of judicial reforms. On December 16th, Salome Zurabishvili was sworn in as the first woman president of Georgia, paving the way for the new Constitution to come into force, which transformed the country into a parliamentary republic with a largely ceremonial presidency. Regarding the judiciary, the new Constitution sets the minimum number of Supreme Court justices at 28, and changes how Supreme Court justices are selected, transferring the right to propose candidates from the President to the High Council of Justice (HCOJ) (with final confirmation remaining with the Parliament). Shortly after the new Constitution came into force, on December 24th, the HCOJ rapidly nominateD 10 acting judges to lifetime terms at the Supreme Court. The HCOJ’s precipitous action raised concerns and criticisms that its members had not followed any transparent or objective process in making the nominations, but rather relied on their own personal preferences and considerations. The political storm that erupted as a result continued through the end of the reporting period, and is ongoing. Ironically, earlier in the reporting period PROLoG had brought an international expert, Ales Zalar, to observe the day-to-day operations of the HCOJ, provide advice on its operations, and explain to its members why they should adopt new proposed rules of operation. Those revised rules currently remain in abeyance. In cooperation with EU4Justice and CoE, PROLoG supported a conference on The Role of Women Judges in the Judiciary, in Tbilisi, on November 5. At PROLoG’s invitation, Judge Allyson K. Duncan of the United States Court of Appeals for the Fourth Circuit, and the incoming Vice President of the International Association of Judges, participated remotely in two panels and aDDressed participants on the U.S. experience with implicit bias and the impact of gender diversity in judicial decision-making. PROLoG brought case flow management expert Brian LeDuc to assess the causes of delays and backlogs at Tbilisi City Court and Gori City Court, resulting in a set of recommended actions for the court to take to better monitor and mitigate delays and backlogs. Mr. LeDuc will be returning to Georgia in February to serve as PROLoG’s new DCOP, replacing Neil Weinstein who departed in December. Human Rights Legislation and Policy Development On December 19, PROLoG supported the Gender Equality Council of Parliament to organize a public presentation of legislative amendments regulating sexual harassment. The meeting was opened by First Deputy Chairperson of Parliament, Tamar Chugoshvili, and USAID/Georgia Acting Mission Director, Adam Schmidt. PROLoG expert Nino Chikhladze then presented the proposed legislative changes, according to which sexual harassment will be regulated in all public spaces and labor relations. The Ministry of Internal Affairs is designated as the enforcement mechanism in public spaces, and the Public Defender’s Office in labor relations. The role of the Public Defender’s Office in examining sexual harassment in labor relations cases will be increased through changes to the Labor Code, Civil Procedure Code, and Law on the Public Defender. The proposed legislative changes are expected to be discusseD in Parliament early next quarter. 4 On December 11, a conference on “Women, Labor, Rights” was held in the framework of Human Rights Week 2018 to discuss existing practices and challenges in women’s pre- contractual and labor relations, as well as future prospects for reform. A draft legislative package on women’s labor rights, which was developed with PROLoG’s support, was presented by MP Dimitri Tskitishvili, who discussed pre-contractual discrimination against women, sexual harassment, maternity leave, and the lack of women’s employment in high positions. Parliament Chair Irakli Kobakhidze addressed the need to raise awareness on gender equality and improve human rights protection standards in Georgia. USAID/Georgia’s Acting Mission Director, Adam Schmidt, talked about the importance of a strong legal framework to protect human rights, including women’s labor rights. This legislative initiative is also expected to be discussed in Parliament early next quarter. GYLA, in the framework of advocating for reform of the Administrative Offenses Code, successfully finalized the strategic litigation case of David Malania vs. the Georgian Parliament. The Constitutional Court declared unconstitutional and void restrictions on citizens’ right to appeal penalties imposed by trial courts under the Code of Administrative Offenses. The Constitutional Court’s decision is effective as of MarcH 31, 2019, giving Parliament time to enact amendments to the Administrative Offenses Code to comply with the Court’s decision. Civil Society Engagement in Judicial Reform and Legislative Development Process During this quarter, the Coalition focused mainly on developments related to the nomination of 10 new Supreme Court justices, noted above. This topic became the principal issue for the Make Courts Trustworthy campaign led by the Georgian Democratic Initiative (GDI), the newly elected Chair organization of the Coalition (taking over from Transparency International). As a result of the Coalition’s advocacy, Article 205 of the Rules of Procedure of the Parliament requires the Legal Committee of the Parliament to create a working group to assess candidates for membership on the Supreme Court in accordance with criteria provideD for in the Constitution of Georgia and other laws. The Coalition boosted its presence in social media by developing and circulating short, accessible videos regarding the selection of the Supreme Court justices, based on Coalition statements. PROLoG supported this process through a targeted grant to GDI, which also started working on videos that describe the process of selecting U.S. Supreme Court justices, based on the selection of Justices Kavanaugh, Ginsburg, and Scalia. The videos will be published on the Make Courts Trustworthy Facebook page. Sub-Purpose 2: Improve Management of Justice System Institutions Legal Aid Service On November 13-15, 2018, with PROLoG’s co-support, the third biennial global conference on Access to Legal Aid in Criminal Justice Systems was held in Tbilisi. This conference brought together over 270 participants from more than 60 countries who are legal aid policy makers and practitioners from Ministries of Justice, the judiciary, public defender offices, bar associations, offices of public prosecution, and international organizations, as well as legal aid lawyers, community-based paralegals, civil society members, and other experts to share and build upon successful strategies for delivering effective criminal legal aid services. At the end of the conference, the Tbilisi Declaration
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