None of the public meetings concerning “Khudon” have legal importance

10 February, 2014

Non-governmental organization the “Young Barristers” make an announcement concerning important issues in the frames of judicial research of the “Khudonhess” project.

The organization states, that the main problem is scarce awareness of the local population, among them issues concerning results of the projects, challenges and importance. According to the authors of the project, it is important that ministries of Georgia worked in a coordinated mode in order to form a common position of the government about the “Khudonhess” project.

Based on the rating of the organization, Georgian statue of “assembly and manifestation” gives rights to the local population to make an unarmed public gathering without warning, if there are no circumstances prohibited by the law. An assembly of the Khaishi population represents a fact of realizing constitutional rights. It is required to inform local self-government bodies to receive consent or a refusal to the consent in case the gathering is set up on the transport road or hinders transportation.

The organization also states, that none of the decisions made at the assembly and manifestation may not be of a preferential right, since the Georgian legislation does not review gathering, meetings or a protest rally in a public place as a prerequisite or a legally valid decision. A gathering of local population represents a public opinion about a certain topic.

In the process of discussing the “Khudonhess” project, the organization will pay attention to participation and contribution of representatives of executive, legislative and local self-government bodies in organizing public gatherings.

In case the Georgian government imagines the construction of “Khudonhess” as an issue of “state interest”, and on the other hand there is “a public interest”, every representative of the state acts with limited powers and is not obliged to participate in activities like this. There are certain circumstances, when the “state interest” is a priority over the “public interest”, since the state defines its strategic policies. This is the reason a public gathering may not be used against the “state interest”, in case the construction of “Khudonhess” has a status of a “state interest” by the government.

The organization meets it acceptable to strengthen the communication between the ministry representatives and the local population, so that society is informed about expected possible changes. We believe that none of the questions concerning protection of cultural heritage must stay unanswered.  The organization states the importance of dialogue process and transparency, so that an economic and judicial analyzes as well as challenges and risk of the “Khudonhess” project is available to every citizen.

 

 

 



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