M E M O R A N D U M
THE SITUATION IN THE SAMTSKHE-JAVAKHETI REGION IN GEORGIA AND GEORGIA'S OBLIGATIONS AND COMMITMENTS  BEFORE THE COUNCIL OF EUROPE
Submitted to the
Committee on the Honouring of Obligations and Commitments by Member States of the Council of Europe (Monitoring Committee)
Submitted by the
Council of Armenian Non-Governmental Organizations  of the Samtskhe-Javakheti Region in Georgia1
21 October 2004

 The Council represents several NGOs in the Samtskhe-Javakheti region. The Council can be reached at: E-mail: mail@a-info.org Tel.: +9959-993-75-61, Mr. Khatchatur Stepanian, Council coordinator. 
As you prepare to hold your next meeting in Georgia, we, the leaders of the Armenian nongovernmental organizations of the Samtskhe-Javakheti territory in Georgia, attaching great importance to the sovereignty and territorial integrity of our country, wish to bring to your attention the critical situation in Samtskhe-Javakheti, which if left unresolved, could have dire consequences for the population of the territory and for Georgia as a whole.  
When joining the Council of Europe in 1999, the following were among the obligations and commitments Georgia undertook:  
a) to sign and ratify, within a year after its accession, the Framework Convention for the Protection of National Minorities and the European Charter for Regional or Minority Languages;  
b) to sign and ratify, within three years after its accession, the European Charter of Local Self-Government, [...] and in the meantime to apply the fundamental principles of [this] instrument;  
c) to enact, within two years after its accession, a legal framework determining the status of the autonomous territories and guaranteeing them broad autonomy, the exact terms of which are to be negotiated with the representatives of the territories concerned;  
d) to amend, within three years after its accession, the law on autonomy and local government to enable all the heads of councils to be elected instead of being appointed; 
e) to adopt, within two years after its accession, a law on minorities based on the principles of Assembly Recommendation 1201 (1993). 
Five years after accession, Georgia has yet to take steps towards fulfilling the above-mentioned commitments and obligations. In fact, the process of fulfilling these commitments before the Council of Europe has failed, and, inter alia, has made the situation in the Samtskhe-Javakheti region critical.  
The 1995 Georgian constitution does not define the administrative structure of the country and in practice the district-level self-government does not match democratic standards. In the Samtskhe-Javakheti region, discriminatory laws and practices have left the Armenian population far less represented in the district administration. There are no elective bodies on the regional level and there is no legislative base for the institution of state commissioners appointed by presidential decrees. The present administrative structure and the method of governance do not take into account the specifics of the region and do not correspond to the needs of the population. The system has long demonstrated that it is bankrupt and unfruitful. The Samtskhe-Javakheti region has actually been pushed out of the governing processes of the country.   
The administrative governance of the region has been frustrated. At the local level, flagrant discrimination is practiced against the local Armenian population; in contrast to the rest of the country, in the Armenian populated areas of Samtskhe-Javakheti most sakrebulos (locally elected bodies) incorporate several villages, whereas each Georgian populated village has a separate sakrebulo, thus artificially increasing the Georgian presence in the the rayon (district) level.  
These measures, policies and practices are in direct contradiction to the European Charter of Local Self-Government, which Georgia had undertaken to sign and ratify within three years after its accession and in the meantime to apply the fundamental principles of this instrument.  
No short- or long-term socio-economic programs to serve the interests of the population are implemented. The poverty and desperation have reached threatening levels. Educational and cultural conditions are unsatisfactory.  
In the last ten months, we have conveyed our concerns and recommendations to the highest authorities in Georgia and to the (now former) Secretary General of the Council of Europe, but to no avail. All of them have failed to even acknowledge receipt of our written communications2. 
It is crucial to have the Samtskhe-Javakheti region fully integrated in the state, political, socioeconomic and cultural lives of the country. But integration is not synonymous to assimilation, neither is autonomy to secession. In a democratic society, integration can only be achieved through participation. Policies and practices pursuing assimilation or artificial and forceful change of demographic realities can only result in the opposite. Integration requires that both the majority and the minority have the desire for it and the willingness to take mutual steps towards each other. 
Under the guise of integration, the Georgian authorities have enacted laws which are contrary to the spirit and letter of the Framework Convention for the Protection of National Minorities and the European Charter for Regional or Minority Languages, which Georgia had undertaken to sign and ratify within a year after its accession, but has failed to do so after over five years following its accession. Furthermore, and in direct contradiction of the above-mentioned Framework Convention and European Charter, the Georgian authorities have recently introduced a draft law on education, which, if enacted, would effectively prevent Georgia's national minorities, including the Armenians, from education at all levels in their relevant regional or minority languages.  
There is no broad social-political consensus in the country on political issues connected with ethnic diversity of Georgia and its internal political and administrative systems. The reported Armenian ancestry of politicians and public figures is often regarded to be derogatory. Whereas the existence of a large number of Armenian cultural and religious monuments, as well as historical records speak of the fact that in Southern Georgia, including in the Samtskhe-Javakheti region, the Armenians are natives, Georgian society regards the Armenians in those regions as newcomers. There is recorded evidence of attempts to "Georgianize" these monuments. The Georgian authorities are sending contradictory messages on how national minorities can protect and promote their liguistic and cultural rights: whereas, on the one hand, the Georgian authorities are undermining the linguistic and cultural rights of the law-abiding national minorities, on the other hand, in order to appease those who have declared their independence from Georgia, the same authorities promise them to protect and promote their language and culture in return for restoring Georgian sovereignty on those territories.  
We are convinced that if Georgia completely and sincerely honours its accession obligations and commitments, especially those mentioned at the begining of this Memorandum, it would greatly help alleviate the serious situation in Samtskhe-Javakheti. 
Hence we appeal to you, the Committee on the Honouring of Obligations and Commitments by Member States of the Council of Europe, to ensure that Georgia honours its commitments entered into on its accession to the Council of Europe.  We are at the disposal of your Committee for further elaboration and discussion. 
Council of Armenian Non-Governmental Organizations  of the Samtskhe-Javakheti Region in Georgia 
Akhalkalaki, 21 October 2004 
 For your information we attach the said communications to this Memorandum.  

Addendum I Appeal to Acting President of Georgia Mrs. Nino Burjanadze 
30 December, 2003 
We, the leaders of the Armenian non-governmental organizations of the Samtskhe-Javakheti territory, at this fateful period of the Georgian state, attaching great importance to the sovereignty and territorial integrity of our country, appeal to the highest authorities of Georgia. 
The deep state, political and socio-economic crises of Georgia are the result of aggravated and unresolved problems, such as:  Elementary norms of human and ethnic minority rights provided for by the Georgian Constitution and international standards, necessary for establishing democratic and civil society, are being violated. In fact, the process of fulfilling the country's commitments before the Council of Europe has failed. 
The principle of self-governing, provided for by the Constitution, is not implemented, resulting in many regions of the country to be left to their fate and resulting in current threatening developments. The situation of the Samtskhe-Javakheti region is critical. The present administrative structure and the way of governance do not take into account the specifics of the region and do not correspond to the needs of the population. The system has long demonstrated that it is bankrupt and unfruitful. The Samtskhe-Javakheti region has actually been pushed out of the governing processes of the country.     
Actually, the administrative governance of the region has been frustrated. No short- or long-term socioeconomic programs to serve the interests of the population are implemented. The poverty and desperation have reached threatening levels. Educational and cultural conditions are unsatisfactory.  
It is crucial to have the region fully integrated in the state, political, socio-economic and cultural lives of the country. 
We are sure that the civilized way of resolving this deep crisis is in clarification of the region's administrative borders and entrenching in the constitution an autonomous status for it.  
In this respect we fully support the idea of such constitutional reforms that would ensure Georgia's sovereignty and integrity through establishing a federative or confederative structure of the country.  
We are sure that through constitutional reforms and enhancing democratic values it will be possible to find solutions for the problems of the entire people of Georgia, including the population of Samtskhe-Javakheti. 
We are sure that resolving these issues would ensure the country's sovereignty and territorial integrity and would contribute to normal economic development of Georgia.  
Charles Aznavour Charity Union, Akhaltsikha Center for Democracy Development and Reforms, Akhalkalak Akunk Union, Akhalkalak Areg Art Charity Union, Akhalkalak A-INFO Union, Akhalkalak War Veterans Union, Akhalkalak Armenian Relief Society, Javakhk Chapter Youth Sports and Culture Union of Javakhk Writers Union of Javakhk Armenian Sports General Union, Javakhk Chapter Lernashkhar Union, Ninotsminda Oda Union, Ninotsminda 
Addendum II 

Javakhk Armenians expect Saakashvili to grant autonomy to Javakhk 
AKHALKALAK. (A-INFO). - Following the official statement of the Central Election Commission on January 15 over the presidential election, a group of non-governmental organizations of Javakhk have sent a congratulatory letter to the newly-elected president of Georgia, Mikhail Saakashvili. The congratulatory letter-appeal reads as follows: 
We congratule you on your election as Georgia's president, and wish you a fruitful work for our state. The unprecedented participation in the presidential election by the population of Javakhk, and the votes you received, speak of the hope the people have in you and in the democratization process. 
We, the leaders of the Armenian non-governmental organizations of the Samtskhe-Javakheti region, in this critical time for the Georgian statehood, attaching great importance to sovereignty and territorial integrity of our country, 
Before the presidential elections, at this fateful period for the Georgian state, we, the leaders of Armenian non-governmental organizations of the territory of Samtskhe-Javakhk, attaching great importance to the sovereignty and territorial integrity of our country, appealed to acting president Nino Burjanadze. We are now sending you, the president-elect of Georgia, the same appeal expecting your positive response. 
The deep national, political, and socio-economic crises of Georgia are the result of the following troubling, unresolved problems: 
Fundamental human and ethnic minority rights guaranteed by the Georgian Constitution and international standards, necessary for establishing democratic and civil society, are being violated. In fact, the process of fulfilling the country's commitments before the Council of Europe has failed.  Rejection of the constitutionally guaranteed principle of self-governance has left many regions of the country to their fate, resulting in current dangerous developments. 
The situation of the Samtskhe-Javakhk region is critical. Existing administrative and governance structures neither take into account the specifics of the region, nor do they correspond to the needs of the population. The system has long demonstrated that it is bankrupt and unproductive. 
The Samtskhe-Javakhk region has actually been pushed out of the governing process of the country.  The administrative governance of the region has been repressed. No short or long-term socioeconomic programs to serve the interests of the population exist. Poverty and desperation have reached threatening levels. Educational and cultural institutions are unsatisfactory.  
It is crucial to have the region fully integrated into the state, political, socio-economic, and cultural lives of the country. 
We are sure that the civilized resolution to this deep crisis is to clarify the region's administrative borders, and grant autonomy by way of the constitution.  
Thus, we fully support certain constitutional reforms that ensure Georgia's sovereignty and integrity, while establishing a federative or confederative structure.  
We are sure that constitutional reforms that enhance democratic values will make it possible to find solutions to the problems of the entire people of Georgia, including the population of Samtskhe-Javakhk. 
We are confident that resolving these issues would ensure the country's sovereignty and territorial integrity, and would contribute to normal economic development of Georgia. 
Council of Samtskhe-Javakheti Armenian non-governmental organizations 
Akhalkalak, January 16, 2004 
Addendum III 
Javakheti Armenian NGOs agree with the opinions  

of the Secretary General of the Council of Europe 
AKHALKALAKI, March 18.- On March 17, a delegation of the Council of Armenian Non-Governmental Organizations of Samtskhe-Javakheti Region presented to the Council of Europe Information Office in Tbilisi a letter addressed to Walter Schwimmer, Secretary General of the Council of Europe. During his latest official visit to Georgia, 18 to 20 Februrary 2004, in meetings with President Saakashvili and other Georgian authorities in Tbilisi, the Secretary General stressed that regarding Georgia's state structure, he advocated a decentralised structure with strong local and regional authorities. "Of course, this means that Council of Europe standards with respect to the rule of law, human rights and pluralist democracy have to be implemented at all levels," he had said. In their letter to the CoE Secretary General, the Armenian NGOs of the Samtskhe-Javakheti region express their full agreement with these statements, and request a meeting to discuss with the Secretary General "our concerns regarding our region and our country".  
Herewith we present the complete text of the letter: 
11 March 2004 
Walter Schwimmer Secretary General Council of Europe 
Dear Walter Schwimmer, 
We, the leaders of the Armenian non-governmental organizations of the Samtskhe-Javakheti region, wish to express our full agreement with your statements, during your recent official visit to Georgia, regarding a decentralised structure for our country, with strong local and regional authorities. 
In recent months, we have appealed to the highest authorities of Georgia, fully supporting certain constitutional reforms that ensure Georgia's sovereignty and integrity, while establishing a federal or confederal structure. 
As in our previous appeals to the Georgian Acting-President and President, we wish to convey to you that the deep national, political, and socio-economic crises of Georgia are the result of the following troubling and unresolved problems: 
Fundamental human and ethnic minority rights, guaranteed by the Georgian Constitution and international standards and necessary for establishing a democratic and civil society, are being violated. In fact, the process of fulfilling the country's commitments to the Council of Europe has failed. Rejection of the constitutionally-guaranteed principle of self-governance has left many regions of the country to their fate, resulting in current dangerous developments. 
The situation of the Samtskhe-Javakheti region is critical. Existing administrative and governance structures do not take into account the specifics of the region, nor do they correspond to the needs of the population. The system has long demonstrated that it is bankrupt and unproductive. 
The Samtskhe-Javakheti region has actually been pushed out of the governing process of the country. The administrative governance of the region has been repressed. No short or long-term socio-economic programs to serve the interests of the population exist. Poverty and desperation have reached threatening levels. Educational and cultural institutions are unsatisfactory. 
It is crucial to have the region fully integrated into the state, political, socio-economic, and cultural lives of the country. 
We are sure that the civilized resolution to this deep crisis is to clarify the region's administrative borders, and grant autonomy by way of the constitution. 
We are sure that constitutional reforms that enhance democratic values will make it possible to find solutions to the problems of the entire population of Georgia, including the people of Samtskhe-Javakheti. 
We would appreciate it greatly, if you would grant us the opportunity to discuss with you, on a date and venue of your convenience, our concerns regarding our region and our country.  
Charles Aznavour Charity Union, Akhaltsikhe Akunk Union, Akhalkalaki A-INFO Union, Akhalkalaki Youth Sports and Culture Union of Javakheti (JEMM), Akhalkalaki Lernashkhar Union,
Ninotsminda Oda Union