Young Lawyers Group Pushes Legal Reform in Georgia

by Tinatin Khidasheli

Throughout the former Eastern Bloc countries, the concept of the NGO as a citizen-based group, independent of government control but vitally interested in government policy, has been slow to take hold. Few leaders have identified NGO development as a crucial element in the struggle for self-determination, democratic pluralism and an open economy.

In almost all former Warsaw Pact countries, the initial source of inspiration for nongovernmental activity was human rights issues and the creation of religious unions. For Georgia however, that was not the case; even today the role and number of Georgian human rights NGOs is not significant, and there are hardly any religious groups. Early in the process of transition, almost all the potential human rights groups in Georgia changed into political parties. However, now this process seems to be going in the reverse direction, as leaders of political parties who have lost power are increasingly returning to their origins and regaining interest in protecting human rights.

Another early popular base for NGOs in almost all of the former Warsaw Pact countries was the environment. Although environmental problems were the first to inspire a national independence movement in Georgia, environmental NGOs did not initially wield real political influence. The creation of an umbrella green movement gave rise to the Green Party of Georgia, which swallowed small interest groups as it gained power and influence on the political front. Most of the small environmental groups fell under the shadow of that one dominant group.

Changing times have created new possibilities. NGOs, including environmental NGOs, have now found their place in the development of a civil society, through mechanisms such as strong interest groups that can lobby and advocate for the fundamental needs of society. There are groups-mostly made up of younger people-that understand and are implementing the steps necessary for developing and maintaining a strong and influential Third Sector.

The Georgian Young Lawyers Association (GYLA), officially registered in 1994 after five years of activity, is the first union of professionals dedicated to establishing standards of professional ethics. The establishment of GYLA was an enormous step in a society where for decades lawyers were feared and associated with injustice and cruelty. Rather than viewing lawyers as defenders of rights and freedoms, they were seen as pawns of the Soviet courts, where: "The winner is the one who has more money." The young Georgian lawyers aimed to change that image by taking pride in their profession's ability to take the lead in creating a just society.

For members of GYLA, the struggle at first was not a public one, but rather a personal challenge to believe they could realize their high ideals despite their inexperience. Only after these private victories were the young lawyers able to popularize their struggle.

Today, GYLA unifies more than 250 lawyers, employed in various state agencies and private businesses. The organization has affiliated groups and regional centers throughout Georgia. Current activities include drafting legislation; providing free legal consultation for individuals, NGOs and media institutions; educating law students and young lawyers; and conducting civics classes in secondary schools.

Legislation

In December 1995, representatives of GYLA, together with the International Center for the Reformation and Development of the Georgian Economy, ISAR-Georgia and the National Democratic Institute for International Affairs presented a strategy to the Georgian Parliament for the further development of legislation on the nonprofit sector. A small group convened to draft legislation and identify sample legislation from other Eastern Bloc countries.

The first step, passage of legislation defining grants and grantees as well as providing tax-free status to grants, was adopted by Parliament in June 1996. The next step in positive government-NGO relations will be the passage of the Civil Code, anticipated to occur this year; GYLA and other NGOs have worked to shape the parts of the code affecting them. The final step for 1997 will be the presentation of comprehensive NGO legislation to the Parliament.

Not all of the legislative activity of the GYLA is concentrated on NGO issues. Young lawyers are intensively involved in drafting other legislation, giving expert advice on new bills and amendments, and gathering material from the experience of other countries. Many provisions of the draft constitution for Georgia prepared by the young lawyers were included in the final text. GYLA members also participated in the preparation of English and German texts of the constitution. The association was involved in writing the law on political parties, and more than 60 members of the association are involved in legislative activity in different roles, including serving on parliamentary committees and as legal counsel to the staff of the Georgian Parliament.

Education

The quality of education in Georgian legal institutions is inadequate, although there are more than 100 law schools and specialized institutions in Georgia. Under such circumstances, the only ways for young lawyers and law school students to increase their skills are through self-education and other forms of outside education. Recognizing this, GYLA holds weekly seminars and discussions on different fields of law. In informal meetings, students and young lawyers discuss legal problems, new bills, laws, new books and legal philosophy. Additionally, GYLA members are trying to fill gaps in school curricula and assist in educating citizens about their constitutional rights and duties.

Legal Consultations

GYLA provides free phone consultations to individuals, offering advice, legal information and interpretation of legislation, and explaining to citizens their rights and responsibilities. Commonly asked questions are discussed by meetings of GYLA consultants and answers are published in various newspapers.

There are also consultations for Georgian, foreign and international organizations. GYLA assists organizations in writing founding documents, getting registered and resolving legal problems with foreign funders, tax inspectors and banks. The vague language of Georgian legislation and the current absence of basic rules for the Third Sector combine with NGOs' lack of experience to create problems. Free consultations on legal issues are also provided to the mass media and individual journalists.

Tinatin Khidasheli is a member of the Georgian Young Lawyers Association. Georgian Young Lawyers Association, Orbeliani 30, Tbilisi, Georgia; phone/fax:(99532) 93-61-01; e-mail: lawyer@gyla.org.ge