Legislative Space and Analyses or International Assistance
By
Koba Arabuli (Ilia Chavchavadze State University)/
Tea Giorgadze (Caucasus Highland Center, Tbilisi)
Nowadays, for the majority of countries in the world the issue of protecting the mountainous regions and their steady development is very important. Accordingly, great attention is paid to the creation and modification of the corresponding legislative base and its realization.
The classical example of the above-mentioned is „The Agenda for the 21st „century“, that is, the global plan for achieving steady development in the 21st century. (Adopted by the world leaders through consensus at the UN conference for environment and development, held in Rio de Janeiro in 1992). This document represents one of the basic foundations for achieving the strategic development of virtually every country, including Georgia.
What are the conditions at this point in our country? According to geographical statistics, 54.4% of Georgia territory is mountainous (it is 1000 meters above sea-level). However, according to the scholarship, mountainous regions are geographic, economic and social units, which require planning and the enactment of special laws for the development, organization and protection of the economy, climate, environment and cultural heritage. The territory belonging to that category represents much more than 70-75%.
The negative situation in the Georgian mountainous and high mountainous regions is the result of the 80-year-long history of being located in the integrated political and economic territory of the former Soviet Union and also of the obviously wrong social-economic policies implemented during the communist management. Consequently, we have the following reality:
10-11% of the whole population lives on 65% of the countries‘ territory.
Migration, which is caused by the extremely difficult moral-psychological and social-political results of so-called „Economic-Experiment“, is a major problem.
The whole mechanism of agricultural management is dysfunctional.
The local natural, industrial and intellectual potential is prevented from being utilized.
Practically the entire infrastructure of the transportation, communication and cultural system is out of order.
The ecological balance is ruined by the barbaric treatment of the environment.
In addition to the above concerns, the special attitude towards the mountainous regions, based on the Georgian example, is determined by the following:
The prospects of the economic, social and cultural integration of Georgia as a border region with the immediate neighboring countries and peoples;
The unique historical and cultural traditions and Georgia’s particular ecological importance.
The necessity of the immediate restoration of the infrastructure, which is closely connected with the interests of our neighbor countries and people. Also needed are TRASEKA projects and, if they show possible results, the realization of the „Euro-Asian Corridor“ program.
The absence of an established legislative base, needed for the implementation of all these issues.
The solution of the above-mentioned matters is organically connected with the whole complex of items facing both the legislative and executive lines. Collaboration on solutions and implementing them is impossible without modern knowledge, scientific and technical advances and private historical-cultural traditions.
The following points should be emphasized.
The existing legislative base is inadequate, still following traditions and laws established centuries ago. In addition, these laws do not take into account the economic possibilities and interests of the native population.
Despite paragraph 31 of the constitution of Georgia, the legislative and executive government, because of several objective and subjective clauses, cannot create an attractive research environment to enable maximum utilization of the rich potential regions.
The Georgian law about the „social, economic and cultural development of mountainous regions“ is rather weak and fails to suggest any real means for solving these problems. (If we consider that since the passage of this law only a very unimportant section of it has been implemented, everything will become clear.)
Where is the solution to this problem? What does international experience suggest at this point?
On the basis of studied materials, we would like to conduct professional discussions on the subject of the Georgian mountainous regions, considering their present condition, causes as well as the opportunities and real prospects for their development. This process must include a basic outline of how to study the country’s development. (Composing and adopting the necessary program is up to the legislative institution of the country, as mandated by the well-known UN „The Agenda for the 21st century“ and active legislation of Georgia. However, this is totally forgotten by all. Such a program would enable us to understand the issues of the immediate and strategic future of the mountainous and high mountainous regions in an extremely precise way. This primarily refers to the establishment of such a legal package (meaning fundamental laws along with possible additions and amendments to the current legislation) that would stipulate the necessary legal environment for the crucial problems noted above.
Based on international experience and the specifics of the regions concerned:
Special statutes, regulations and laws must be worked out for the development of the mountainous regions and districts. In this case the global multi-year programs should be given priority. These programs will be implemented by the local governments and their partners both on the national and regional level.
It is necessary and desirable to create special institutes, for instance, the council of mountainous regions, in which the representatives of the central government (Parliament, the government), local government, self-government and mountain inhabitants protecting the rights of the mountainous regions, etc. will be united. They will implement the aims, actions and objectives that will help the development and the protection of these regions. This will help to coordinate the measures and activities undertaken by the state in the mountainous zones. By agreement, the high ranking official will become the coordinator (with the corresponding rights and obligations). He will oversee the high mountain regions and coordinate between the state and the mountain regions.
The terms for the utilization and protection of mountainous space must be precisely defined by law. Any person, either from the private or the state sector must be obliged to adhere to these requirements completely, when carrying out any work in any mountainous region.
Statutes to protect the culture and environment of the mountains must be formulated as appropriate laws. As for the urbanization process, it must be closely integrated with the possible development of the villages in these regions.
We consider it possible (due to the created reality) that by law there will be organizations to research these issues, conduct experiments and spread relevant information for the protection of the mountainous regions. These groups will also perform better promotion that will support the economic and social development of these regions for a definite term and with the assistance and participation of the state sector.
The state must form basic economic and social priorities for developing the mountainous regions.
Efforts should be directed towards the development of the agricultural region. The potential, problems and traditions should become the subject of better studies, to distribute the necessary information, education and experience under the guidance of the institutions working in these particular fields. A different economic policy should be funded for agriculture. By adopting these guidelines, the economy of these areas will be protected.
In this respect, the legislation should consider the natural conditions of the mountainous regions and take special measures to attract investments, which would most certainly promote the functioning of the local agriculture, land ownership and technical assistance services.
In order to improve the conditions for agriculture, pastures and forest land, owners should be given the right to adopt definite guidelines by laws, which will allow them the freedom to manage their own properties. This is certain to improve the effective utilization of their land areas.
The legislation should pay special attention to the trade business and develop other kinds of trade in the high mountainous regions. The people working in corresponding fields should be encouraged to assist in this development.. To ensure their social security (the particular conditions under which they perform their professional work should be hereby considered), a different insurance system should be created for those belonging to such a category. In order to simplify the system, departments for information and consultation about social security services should be established locally.
The development of tourism (as one of the basic priorities) and the creation of new territorial units should be central to the interests of local government organizations, as they would activate the economic and territorial development of the mountain area. In these terms new construction should match the harmony of the mountain environment. The development of tourism will possibly require creating centers for studying tourism activities in villages and training the necessary professional staff.
It should be particularly noted that the legislature should strictly pursue the following questions:
The government should present an annual report on the legislation and the results of its implementation as well as on specific measures and activities intended for the assistance and benefit of the mountainous regions.
The following should also be particularly noted:
There are no units in the structure of the Georgian government to oversee the mountainous regions of the country. Because of this tragic reality, we request those, who care for the future of these regions, to utilize our references. We looked at the experience of European mountain counties and found more than 2/3 of the country territory on legal bases.
A few lines on the activities of International Organizations in the mountainous regions of Georgia and the real opportunities of their assistance.
First of all we would like to thank all of the friendly countries that assisted us with their resources (human or financial), together with such international organizations (WB, US, AID, UNDP, SDC, CARE, IFAD and others), trying to accomplish serious programs in the country, in spite of all the critical problems that exist.
Moreover, on the basis of the recent years‘ analysis, we would like to note that the activities of certain donors is expected to be less effective unless we hold to the above-mentioned complex of activities: adopting concepts for the steady development of the mountainous regions (as well as that of the whole country) and the ratification of appropriate programs for territorial and field development. To the present day in this particular field, there is a tendency to act according to one’s own discretion, neither sharing information nor considering any other views. The local organizations practicing this kind of conduct justify themselves by saying that they are also patriots of their country, and, as experts in their field, they are not supposed to introduce an unacceptable course of action for a certain region. . However, we note that the same policy is followed by foreign organizations (with the support of local representatives). Without any knowledge of the country, its mentality, history, traditions, resources, particular potentials, the philosophy of self-help is becoming unclear. In our opinion, the government needs to heed the following: it is necessary to coordinate the actions of all the international programs, projects and publicity and to establish the kind of democratic mechanisms taught by the representatives of these countries.