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Georgia
>> Regional Overview >> Georgia Overview Activity Data Sheet
PROGRAM: Georgia
TITLE & NUMBER: Legal Systems that Better Support Implementation of Democratic Processes and Market Reforms, 114-022
STATUS: Continuing
PROPOSED FY 2001 OBLIGATION AND FUNDING SOURCE: $2,200,000 FSA
PROPOSED FY 2002 OBLIGATION AND FUNDING SOURCE: $4,236,000 FSA
INITIAL OBLIGATION: FY 1996 ESTIMATED COMPLETION DATE: FY 2003Summary: This program supports the overall Mission objective of assisting Georgia to become a country with a stable market economy and democratic governance. Empowering citizens through public awareness of their legal rights and supporting legal access mechanisms will enable them to pursue these rights. Increasing the capacity of legal institutions to implement and enforce better laws and regulations will lead to a more prosperous market-oriented democracy. The Georgian public and potential investors will directly benefit from a transparent system of laws and strengthened courts capable of administering the rule of law, if the legal system is better able to safeguard their rights as citizens. The themes of fostering government transparency and public awareness are woven throughout the components of this program.
Program Categories include Rule of Law.
Key Results: In the past two years significant progress has been achieved in the area of judicial reform, with USAID in the forefront to help establish a groundbreaking merit selection process based on judicial qualification exams and vetting procedures. Through the biannual examination process the number of newly qualified judges sitting on the bench and deciding court cases increases each year. These judicial examinations have paved the way for similar qualifying exams in other sectors. USAID has assisted with the establishment of the voluntary association of judges, the Judges of Georgia (JOG), and is continuing to support its institutional strengthening and ability to advocate for the interests and concerns of the judges (e.g. promote timely payment of salaries, defend the principle of judicial independence, etc.). An integral part of the reform is the adoption of the Judicial Ethics Code, which was developed with technical assistance provided by USAID. Adoption of this code by the Conference of Judges occurred in February 2001.
Performance and Prospects: Georgia's Administrative Code, the first of its kind to be adopted in the former Soviet Union, went into effect in 2000. USAID has placed special emphasis on Chapter 3 of the Administrative Code, on Freedom of Information (FOI). USAID sponsored Georgia's first FOI Office (established in the Ministry of Justice), and successfully launched a hotline for GOG civil servants to provide clarification, interpretation and explanation of FOI. USAID also sponsored training of key members of the GOG Ministries and the Georgian press. As a result, citizen groups, now aware of their rights to public information, are successfully lobbying the government to disclose information that was previously unavailable. Furthermore, a new reform-minded Minister of Justice has initiated the restructuring of the Ministry and intends to closely follow the procedures and rules set out in the Administrative Code to improve the operation of the Ministry.
In August 2000, USAID assisted the Constitutional Court of Georgia in holding a major conference for the highest levels of Georgian Government on the fifth anniversary of the Georgian constitution. The conference elaborated a set of recommendations on a variety of issues, including improvement of the procedures of the Constitutional Court, and strengthening its capacity to provide equal and timely treatment to the cases brought to the Court. In December 2000, the Constitutional Court submitted these amendments to the Law on the Constitutional Court of Georgia to the Parliament for adoption.
USAID maintains close cooperation with the Parliament of Georgia, strongly supporting its initiative to institute better control over the executive branch and conduct oversight hearings. Technical assistance is provided to support the development of amendments to key legislation.
Improving the legal system supports the overall USAID goals by empowering citizens through public awareness of their legal rights and supporting legal access mechanisms to pursue these rights. Accordingly, USAID continues to support legal non-government organizations (NGOs) that provide effective legal training and maintain legal clinics. These key NGOs conduct public awareness campaigns to inform people of their rights and the means to access legal institutions. To ensure that the average Georgian citizen directly benefits from reform laws, activities also target regions outside of Tbilisi. Building customer demand for the rule of law will produce a stronger balance between supply and demand that will ultimately lead to a sustainable legal sector.
In FY2001, USAID plans to obligate $2.2 million for Rule of Law programs. In FY 2002, USAID will maintain its focus on implementing the Administrative Code, with added emphasis on freedom of information and promoting transparency. The program will link with other decentralization efforts, and continue making reforms meaningful to the citizenry. Strengthened emphasis on public awareness of legal rights will be highlighted. USAID's program will continue to foster the increased availability of effective counsel. Activities will enhance and strengthen reforms at the local level, such as the Local Governance Reform Initiative (SO 2.3).
Beneficiaries: Parliament of Georgia, State Chancellery, Ministry of Justice, select governmental agencies, Constitutional Court, Supreme Court, Appellate Courts of Tbilisi and Kutaisi, select Courts of First Instance, Judges of Georgia and legal NGOs.
Possible Adjustments to Plans: None anticipated.
Other Donor Programs: Key donors working toward this strategic objective along with USAID include the World Bank, European Union (EU), Soros Foundation, GTZ, UNDP, and the Council of Europe. The World Bank has taken the lead in providing assistance for court administration and case processing. The EU, Soros and the World Bank support judicial training programs. UNDP provides assistance to the Ombudswoman (an organization similar to a public defender) and Parliament's anti-corruption committee.
Principal Contractors, Grantees, or Agencies: USAID-sponsored activities are implemented by the American Bar Association's Central and East European Law Initiative (ABA/CEELI) and Institutional Reform in the Informal Sector (IRIS) Center at the University of Maryland/AMEX International, Inc consortium.
Activities related to law enforcement and anti-corruption efforts are closely linked to the Rule of Law portfolio. Working directly with prosecutors and the police, however, goes beyond USAID's manageable interest. The U.S. Department of Justice (DOJ) has begun activities in Georgia and focuses its assistance activities on the anti-corruption issues. USAID continues to closely coordinate with the DOJ and other United States Government entities on these issues.
FY 2002 Performance Table
Selected Performance Measures: Legal Systems that Better Support Implementation of Democratic Processes and Market Reforms, 114-022
Indicator FY97 (Actual) FY98 (Actual) FY99 (Actual) FY00 (Actual) FY01 (Plan) FY02 (Plan) Indicator 1: Selected laws enacted or amended and regulations promulgated NA 11 4 3 8 10 Indicator 2: Percent of judicial appointments in accord with objective merit-based criteria NA 0% 77% 83% 87% 92% Indicator 3: Number of attorneys that pass bar examination NA NA NA 0 70 100 Indicator Information:
Indicator Level (S)or(IR) Unit of Measure Source Indicator Description Indicator 1: IR Number (annual) Georgian Parliament, AMEX International The selected laws and regulations have been identified as key to advancing the Georgian legal reform agenda in terms of civil and economic rights Indicator 2: IR Cumulative % Georgian Council of Justice Proportion of judicial appointments based on the judicial qualification exams and vetting processes in relation to the total number of judges on the Courts of General Jurisdiction Indicator 3: IR Number Georgian Young Lawyers Association, Parliament's Legal Reform Committee and ABA/CEELI The number of lawyers passing a bar examination will indicate improvement in citizens' access to effective legal counsel. U.S. Financing
(In thousands of dollars)
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Last Updated on: May 29, 2002 |
