Local self-governance arrangements and their implications for national minorities

The self-government reform code was adopted on 5th February 2014, after five attempts of reforming self-governance system since 1995. The new system was created as a framework while the final shape will be decided after local elections on 15 June 2014.

The main idea of the reform is to decentralize services and to bring the decision-making process to the local level.

The new system envisages three levels of self-governance:

I - Public self-governance (village councils)

II - Municipal self-governance

III - Regional self-governance

  1. Public self-governance (village councils)

Representative body of the public self-government is the village council which is established according to the size of the settlement. If the village has a population less than 100 inhabitants, no village council will be established, while in villages above that number several village councils can be set up, coordinated by the village trustee. The trustee is elected from the members of village council. A village council is subordinated to the municipal council. Village council is a Legal entity of Public Law (LEPL) existing under the self-governing unit. The village council can establish a public service house, offering services to the local population that now are concentrated in few central public service halls. In addition, village councils will have own limited budget from which local initiatives can be covered, as the helpful instruments for village councils and ordinary villagers to take actions and implement village-scale projects and activities using the technical-material base.

This level includes the following governance structures:

  1. Village councils, elected by local population;
  2. Heads of village councils, elected from the members of village councils;

Functions of the village councils

  • Mechanism of consultations with local population
  • Monitoring of “village development support state programme” and other local initiatives
  1. Municipal self-governance

Municipalities determine demographic, geographic, infrastructural, economic, social and cultural framesof mid-level governance. The list and the boundaries of self-governing units will be identified and defined under the law after elections. Representative body of the municipality is a council (sakrebulo) elected for two years by a direct, equal and secret ballot by personal and proportional vote. The head of the executive body of this self-governing unit will be elected either by members of the municipal council or directly in the municipalities that were granted status of self-governing cities as a result of the reform – Akhaltsikhe, Ambrolauri, Gori, Mtskheta, Ozurgeti, Telavi and Zugdidi, in addition to 5 largest cities in Georgia. Of particular importance are cities of Akhaltsikhe and Telavi, with quite substantive number of ethnic minority residents. Municipalities will have their own budget as well as will acquire ownership of all existing municipal assets.

This level includes the following governance structures:

  1. Municipal council (sakrebulo), elected for two years;
  2. Mayor (gamgebeli), elected for two years

Functions of municipal self-governance

  • Exclusive: internal municipal infrastructure development and maintenance
  • Shared: with lower level village councils and upper level of regional/national importance such as service delivery including social services, administrative responsibilities and accountability
  1. Regional self-governance

Regional level is considered to be a representation of the central government at the local level and will replace the governor’s institute. Regional self-government means that each region will have its own competencies through delegated responsibilities and duties, and will be accountable to the central government and to line ministries according to their sector competencies. The representative body of the regional self-government will be a council elected indirectly from the members of the regions’ municipal councils and chaired by the one of municipal councilors elected among them.

This level includes the following governance structures:

  1. Representatives of regional municipal council (sakrebulo) members,
  2. Regional councils,
  3. Head of regional administration, elected by regional councils

Functions of regional self-governance:

  • Exclusive: regional infrastructure projects, delegated by government
  • Shared: large inter-regional projects, national projects and programmes

Implications of self-governance code for national minorities

The reform of self-governance will have a significant impact on every aspect of the life of national minorities in their local areas. It will allow for increased participation and inclusion of national minorities into public life. The new code aims at delegation of powers to the local political actors, which implies that diverse ethnic groups in the regions of Georgia will have legal leverage for policy making. The crucial factor is the establishment of village councils at lower level of governance. In minority inhabited municipalities, the councils will be fully represented by national minorities, who will be responsible for defining local priorities and projects. From the national minority perspective the new arrangements of municipal and regional self-governance is also important since this model can ensure election of local/minority leaders in governing bodies unlike previous model, when mainly non-local and non-minority representatives were occupying leading positions in different public services, especially in KvemoKartli municipalities. At the same time, the shortcoming of the new code is that it does not envisage gender mainstreaming aspects and women, including minority women cannot enjoy any particular opportunity for active participation.

Advantages for national minorities residing in regions:

  • Enhancement of public participation and involvement in decision-making process by national minority communities at micro and medio levels
  • Easier access to public services though village councils and municipal councils

Disadvantages for national minorities residing in regions:

  • Planned territorial optimization (reduction of number of municipalities and merger) might change current traditional boundaries of municipalities and communities inhabited by national minorities
  • Process of political and social integration of national minorities might be impaired since most of the services will be accumulated at the local level, making the communities self-contained, with limited contacts outside their closest environment