The socio-political lifestyle of our country during the last two decades is fraught with obvious difficulties, violently changes of government as well as civil and regional armed conflicts.
Reaching independence was not sufficient to agree on a common national model of a modern democratic country. Freedom on the personal and national level of society was not achieved, as neither was the creation of a fair soco-political environment.
Liberty (personal or national) and justice are the basic building stones on which to create a new national state.
Only a country established on democratic principles is able to unite the nation, restore territorial integrity, preserve national independence, develop its economy and resist regional and global risks.
Unfortunately our society, and especially its elite, was not ready to propose a new model of state adjustment that would guarantee the formation of an independent society, would secure human rights and promote a smooth transition from a socialist to a market economy with a human face. All the conditions mentioned above caused the current state crisis.
The existing soco-political situation in our country confirms the ineffective functioning of the state. In fact, Georgia was not able to prevent external dangers (Russia as a potential risk was not considered) or to stabilize the environment within the country. The only thing which is functioning more or less in the state is the repressive system of law enforcement structures.
Existing situation cannot last for a long time. Our society is confronted with the following two basic issues:
1. We must do out best to prevent a revolutionary development of events and to discharge of the current crisis peacefully;
2. We must create patterns of state formation to end the crisis regime and promote stable development of the state.
It is not enough to admit to the existence of the crisis - it is important to establish its reasons and to overcome them in the future.
The existence of a well-grounded and convincing concept of state building, the careless attitude of a major part of the population towards human rights, and no accuracy in the market economy gives the opportunity to the government and the leader of the state to freely interpret democratic values.
The authorities try not only to justify but indeed to legitimize their actions by citing internal and external dangers, regional conflicts, quick reforms, the fight against corruption etc. First of all, such wilful manipulation of liberal values negatively impacts on the country's constitution.
The concentration of power in one of the branches of government naturally causes the weakening of other branches. The main principle of “Democratic Centralism" still exists even though we are trying to get rid of it in vain already for 20 years.
Obviously the authorities were always aware of the necessity of constitutional changes in order to create an illusion of democracy. They used to choose inter-structural pseudo-reforms but the central vertical of power was not transformed. At the same time, all three leaders of independent Georgia at one time implemented total changes of the bureaucratic system of the state in order to satisfy the ambitions of activists and to use the system of government to cling to power and falsify elections. The elite of the leading clan had the opportunity to use the current chaotic reforms as a reason for squandering the state’s fortunes, destroying the country's economy, and embedding corruption.
One common feature between these leaders is that during the first year of their leadership they all tried to resolve conflicts violently, and failed.
There is an absolutely unprecedented attitude towards the electoral system. Certain changes are made to the electoral code right before the elections, due to which the system has continued to deteriorate since the early 1990s.
In addition, the Georgian Parliament has always been submissive to the President! It is the truth that this submission has various motivations but in sum, the parliament as a legislative body does not fulfil its task for country and society.
Accordingly, the courts of law were unable to achieve and maintain their necessary independence.
If we want to avoid further years of a protracted state-system crisis it is important to:
1. Create a constitutional system and legislative basis which guarantees checks-and-balance between the branches of authority.
2. Create an electoral system that minimizes the irregular use of administrative resources, the opportunities to bribe voters, the risks of intimidation and falsification of elections, and that raises the confidence of society in election results.
The constitution should not be only the subject of political powers’ agreement or compromise but it must be based on consensus in society. Civil Initiative for Constitutional Reform is a formation free of political influence. We should consider western democratic states’ and our own experiences, on the basis of intense and open discussions with society. We have to implement a constitutional reform corresponding to our culture and national traditions. Legislation based on these will give us an opportunity to rapidly and effectively resolve the problems existing in our country.
Only in this case will the constitution defend human rights, unite the nation and create a socio-political environment where personal liberty will be the guarantee of national and state independence.
Members and experts of Civil Initiative for Constitutional Reform: