Recommendations of WG1 for the 7th meeting of the EaP Platform I

Anti-corruption sub-group of EaP CSF WG 1

While national governments and European institutions discuss fight against corruption in EaP region, there is a tendency to overlook the problem of political corruption, particularly the issue of financing of political parties, including public financing, financing election campaigns and bribery during elections.

We suggest that this issue has to be prioritised in anti-corruption reforms agendas in our region both by national governments and international organisations. Without cutting links between politicians and oligarchs (or, at least, weakening them), it is impossible to create a functional democratic political system. Fight against political corruption is a key direction in this regard.

The problem of corruption in energy sector is another priority for anti-corruption policy on which work should focus. Corruption in this sector causes losses not only to public finance and public integrity, but also to the energy security of the countries of the region. There is a need to develop capacities of CSOs to monitor corruption in the energy sector as well as to pursue coherent policies for more transparent energy sector in the region. A stronger focus of international organisations on this issue is also needed.

Cases, where EU funds may be misused and contribute to corruption in EaP region, should be closely monitored and prevented. In this regard the sub-group also wants to draw the attention of the EaP national governments and international institutions to the need for a sound monitoring system in order to prevent misuse of public funds during the preparation for events like UEFA EURO 2012. For example, all procurements for the preparation of the UEFA EURO 2012 in Ukraine were made disregarding the public procurement law.

Anti-corruption institutions with controlling and monitoring functions should be more open to CSOs and parliamentary opposition participation. They should have secured sources of funding and representative membership. When discussing parliamentarian bodies and committees, they need to be chaired by representatives of opposition parties and ensure proportional representation.

Subgroup on Local Government and Public Administration Reform

Creating real local self-government is not possible without decentralisation – fiscal decentralisation is one of the most important aspects in such decentralisation.

The following issues should be included in the initiative:

How to develop possibilities for local authorities to access capital markets
How to strengthen competences of local authorities with consequent budget allocation
Identify possibilities for local taxes
Identify the possibility of services to be sold and technically provided by local authorities
Implement possible pilot initiatives consolidating fiscal decentralisation and capacities of local authorities to implement it.
Study how to improve the transfer system from the state budget to local budgets.
How to include citizens into the decision-making process and implementation of fiscal decentralisation.

Visa Facilitation Sub-group

The sub-group agreed on the following position on the Schengen visa issuance, visa facilitation and liberalisation processes. Strict visa regimes remain visible and sensitive obstacle for regular people-to-people contacts on the entire European continent.

The CSF Visa sub-group welcomes continuing efforts by the EU and EaP countries with regards to visa facilitations and visa liberalisation processes. We encourage progress in the Visa dialogue with Ukraine and Moldova and support their progress towards the 2nd phase of Visa Liberalisation Action Plans as soon as relevant benchmarks are met. No additional political requirements should be introduced. Georgia is to follow this path in the near future. Visa Facilitation Agreements with Armenia and Azerbaijan should be signed opening the way towards next steps of the visa liberalisation process.

We encourage the de-facto facilitated visa policy applied by the most of the EU Member State towards the citizens of Belarus. At the same time, all relevant visa liberalisation options based on unified criteria should be open for Belarus as soon as the government in Minsk is ready to start implementing them.

While visa free travel is considered as a visible political perspective, fulfilment of existing rules and obligations remains in the focus of civil society actors. We stress the need to ensure proper implementation of the EU Visa Code with EaP countries especially those aimed at providing wider access to long validity multiple entry visas for bona fide travellers. Independent monitoring detected the variety of problems that legitimate travellers often face during visa application procedures, including ever-growing lists of documents required and non-clear criteria of visa granting/refusal.

The harmonisation of the visa requirements and procedures remains a key priority. While the EU Visa Code introduces a certain level of harmonisation, further steps are needed to ensure unification of the criteria and procedures.

The appeal procedures should be available for all applicants refused thereby providing for a transparent and fair reconsideration of the visa application within a reasonable period of time.

We call the EU to provide more information on visas and legitimate travels to the EU by introducing a specific web-page accumulating all relevant information regarding the legal basis, general requirement and standard procedures of visa obtaining including a question-answers page, etc.

We are concerned by the enormously high visa refusal rate by the EU consulates in Georgia (15.3% in 2011, while average EU visa refusal rate in the world is 5%). This figure is obviously not corresponding to the actual quality/integrity of visa applications submitted by Georgian citizens.

Judiciary sub-group

Ensure institutional independence of the judiciary system from the executive branch, especially limiting the role of the executive branch in appointing and dismissing judges;
Ensure independence of individual judges within the judicial system by strengthening self-governance of the judges within the system;
Ensure a check and balance system within the judiciary system in order to avoid concentration of excessive power within one institution and particularly in the hands of a limited group of people.

Human Rights Sub-group

In the context of recent incidents in Azerbaijan as well as in Georgia and Armenia connected to the attacks on human rights activists, journalists and active members of civil society, we propose that the EU insists on the fulfilment of international human rights obligations by governments of EaP countries and that the EU (especially through its delegations and member state embassies in third countries) pays more attention to the implementation of the EU Guidelines on Human Rights Defenders.

We also appeal the EU to consider the introduction of appropriate sanctions in case of extensive and systematic human rights violations in these countries.

Media Sub-group

Development of model laws (legal provisions) for EaP countries regulating specific areas of media operations, specifically, given their urgency, the transparency of media ownership and on standards of election campaign coverage (the sub-group is well positioned to draft such model laws in cooperation with other EaP structures like Euronest);
Introduction of a Media Freedom Index for EaP countries. Already existing similar indexes - by IREX, Reporters without Boarders, Freedom House - are not relevant enough regarding the specific situation in this region. The index is a very important tool to assess the state of media and its development as well as for the elaboration of a strategy for action. The sub-group has almost developed the methodology and has selected a concept which is in the process of preparing a full proposal to the Neighbourhood Civil Society Facility.