23 Proposed Rule of Law Mission to Georgia
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| Draft General Concept for the Proposed ESDP Rule of Law Mission in Georgia
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| Legal base | — |
| Department | Foreign and Commonwealth Office
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| Basis of consideration | EM of 8 June 2004
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| Previous Committee Report | None
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| To be discussed in Council | 14-15 June 2004 GAERC
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| Committee's assessment | Politically important
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| Committee's decision | Cleared
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Background
23.1 The EU's immediate political objective in Georgia is to support
to the transition process set off by the political changes at
the end of 2003 through the full range of EU instruments and policies.
The international community, in particular the EU, including
through EU Member States' bilateral initiatives, is accordingly
engaged in assisting Georgia, not least in the area of Rule of
Law.
23.2 However, lack of strategy and co-ordination
on the Georgian side is severely undermining good intentions.
A new Government — many of whose members are young, ambitious
and dynamic but lack experience in administration and reform processes
— finds itself caught between the legacy of the old system,
the challenges of bringing the country closer to international
and European standards and raised public expectations for rapid
and visible results. That Government has clearly expressed its
aspirations for a closer relationship with the EU. The EU, in
line with the European Security Strategy, has declared its willingness
to assist through the range of EU instruments and policies. The
new Government and the widespread support for improvements in
the Rule of Law area accordingly present a window of opportunity
for addressing key issues.
23.3 Following a request by the President of Georgia,
the EU has been examining the launching of a rule of law mission
to Georgia under the European Security and Defence Policy (ESDP).
At the end of March, the Council Secretariat conducted an initial
Fact Finding Mission (FFM), which concluded that there was broad
support in Georgia for such a mission and that such a mission
would not duplicate ongoing work. A subsequent more detailed
FFM recommended that a small mission be launched, to monitor,
mentor and train key officials in the areas of judicial independence
and professionalism, the role of the prosecutor's office, and
prison administration and the penitentiary service. Planning
is now proceeding on the basis of its recommendations, with a
formal decision to launch the mission likely to be taken later
in June.
23.4 As the Minister of State at the Foreign and
Commonwealth Office (Mr Denis MacShane) explains in his 8 June
Explanatory Memorandum, the EU has now reached the stage of agreeing
the General Concept for this mission, which he summarises thus:
"It sets out the broad parameters for the mission,
and will be the basis for more detailed future planning. The
main issues covered in the draft General Concept include:
— Description of ongoing EU and
International Community (IC) assistance: This outlines existing
work in the field of Rule of Law to ensure that the Mission is
developed in full co-ordination with existing programmes, and
complements, rather than duplicates, their work.
— Description of the current
Rule of Law situation in Georgia: This confirms the major
and urgent challenges in this area, and in particular notes the
need for a coherent approach to the problems and a better defined
relationship between the key institutions involved in criminal
justice reform.
— Objectives for the mission:
These note that the mission should, in full co-ordination with,
and in complementarity to, EC and other donors' programmes, assist
in the development of a horizontal governmental strategy guiding
the reform process for all relevant stakeholders within the criminal
justice sector, including the establishment of an efficient mechanism
for co-ordination and priority setting for the criminal justice
reform. As such the mission would help develop an overall policy
and improve top-level planning and performance capabilities in
the areas identified as requiring urgent assistance. More specific
objectives will be defined as planning proceeds. The EU is likely
to assess progress through an internal review process against
clear benchmarks.
— Methodology: The draft
notes that the mission would assist the authorities of Georgia
in drafting and adopting a comprehensive strategy guiding the
reform process. Exact deployment will depend on a more detailed
needs assessment during the planning phase of a possible mission.
— Legal Issues: The draft
notes that an agreement on the status of an EU led Rule of Law
mission should be concluded with the Georgian authorities.
— Personnel requirements:
The mission would consist of a Head of Mission, Headquarter staff,
and between 6-10 co-located experts.
— Timing: It is currently
proposed that preliminary deployment will begin by mid-July and
that it has an initial mandate of one-year.
— Costs: With the exception
of the Head of Mission, it is planned that all personnel should
be seconded from EU Member States. A rough estimation of the
costs of a possible Rule of Law Mission in Georgia comprising
approximately 10 international civilian experts are: start up
costs of between €0.3 million (£0.199 million) and €0.4
million (£0.266 million) and yearly running costs of between
€l million (£0.665 million) and €1.2 million (£0.798
million) (including per diems of €0.3 million (£0.199
million)).
— Co-ordination Issues: The
draft outlines potential arrangements for co-ordination on the
ground, between both different EU instruments and the rest of
the international community, and in Brussels.
— Information Strategy: The
mission will require a well prepared communications strategy,
which should be co-ordinated with other actors in Georgia, in
particular the European Commission. To this end a joint information
strategy would be developed jointly by the Head of Mission and
the Press office of the Council and the EC Delegation. Guidance
would also come from an Information Strategy Team established
in Brussels, and including representatives of both the Council
Secretariat and European Commission."
The Government's view
23.5 The Minister says:
"The Government strongly supports the EU's intention
to send a Rule of Law mission to Georgia under ESDP arrangements.
It believes that a mission will help Georgia address the urgent
challenges facing its judicial system, and assist Georgia in developing
a co-ordinated overall approach to the legal reform process, in
full complementarity with current EU and international (i.e. OSCE)
assistance. The mission would be a clear and welcome expression
of the EU's commitment at a crucial stage of Georgia's reform
process. The Government welcomes the draft General Concept as
a further step towards making this proposed mission a success.
The draft is a good basis for the more detailed planning which
will be required. The Government also strongly supports the ongoing
development of civilian ESDP".
23.6 In addition to contributing towards the common
costs of the mission according to the agreed EU GNP key (approximately
19%), the Minister say that "the UK may fund the cost of
sending experts to participate in the mission, if suitable personnel
and funding can be found".
Conclusion
23.7 It is inherently unsatisfactory to have to
clear proposals without the benefit of an official text, but we
understand the constraints imposed by the nature of the European
Security and Defence Policy, and are grateful to the Minister
for his helpful Explanatory Memorandum.
23.8 We have no questions to ask regarding the
proposed mission, which, on the basis of what the Minister has
been able to divulge, would appear to be timely, necessary and
appropriately-tasked.
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