The Parliament will discuss this week the draft law submitted by President Saakashvili over distribution of powers between the central government and Adjarian Autonomy. The document would confirm Adjara’s Autonomous status. Meanwhile legislative gap, which currently exists over the governance system in Adjara, might trigger postponement of the local elections in the region scheduled for June 20.
The Parliament of Georgia defined the status of Adjara as Autonomous through the amendment made to the Georgia’s Constitution in April 2000. The amendment also implied adoption of the constitutional law, which would define detailed distribution of powers between Tbilisi and Batumi. Georgia also undertaken commitment while joining Council of Europe in 1999 to pass the document and define powers of the Autonomy.
Council of Europe Secretary General Walter Schwimmer, who earlier offered CoE’s expertise in drafting the document, has already hailed the proposal over distribution of powers between Tbilisi and Batumi. In an interview to the Moscow-based Echo Moskvy radio station, Walter Schwimmer said, while visiting Russia on May 14 that one of the reasons of tensions between Tbilisi and Batumi was absence of legal base over distribution of powers between the Autonomy and central government.
According to the submitted draft law Adjara’s Autonomous Republic will be run by the Supreme Council – the local legislative body and the Executive Council – the executive government. The President of Georgia will propose the nominees of Chairmen of the Supreme and Executive Councils for approval.
The President of Georgia also has the right to disband these bodies, in case their activity “would threaten country’s sovereignty and territorial integrity.”
“Naturally, Adjara will no more enjoy those enormously increased rights, as it was during the [ex-leader of Adjara] Abashidze’s regime. This is an attempt to once and forever distribute competences between the central and regional authorities,” Nino Burjanadze said.
The security and defense issues will be completely under the control of the Georgia’s central government and the Adjarian Security Ministry will be disbanded.
However, Adjara will retain the right to manage its finances. Under the draft law, “the Adjara Autonomous Republic will itself earmark the revenues received from taxes and dues imposed by the region.”
The draft law prohibits the Adjarian authorities to set up a checkpoint at administrative border between the Autonomy and the rest of Georgia. “The Autonomy has no right to establish limitations, which will directly or indirectly hamper the movement of citizens or infringe their rights,” the draft law reads.
The document is a constitutional law, hence according to the Georgian law it requires one-month public discussions before it is enforced. The draft law defines the rights of the legislative body, which is due to be elected in the polls scheduled in Adjara for June 20.
The Rightist Opposition, which is the only opposition faction in the Georgian Parliament, demanded to postpone fresh local elections in Adjara.
“We think it will be better if the elections are held in September. Until then we will discuss and adopt the law on the status of Adjara, which also will define powers of the local Parliament, otherwise if the constitutional law is not enforced by June 20, it becomes unclear what will be elected in Adjara on June 20, because there will be no legal base for the new Adjarian Parliament,” MP Davit Gamkrelidze, leader of the Rightist Opposition, told Civil Georgia.
The government hurries to hold snap elections in Adjara, however admits that the legislative gap might cause postponement of the polls.
“When we decided to hold elections in shortest period of time, we aimed to complete the revolutionary circle and to provide normal, legal frameworks for the Adjarian authorities. If there is no legal base for holding elections, we may accept a decision over postponement of the polls,” Parliamentary Chairperson Nino Burjanadze said.
It is expected that the Parliament will start discussion of the draft law on distribution of powers between Tbilisi and Batumi on May 18.