Improving Standards for Proactive Publication of Information (GE0094)

Description of the current situation and the challenge

Access to public information is regulated by the General Administrative Code of Georgia, which establishes relevant standards and procedures for government agencies. Additionally, the issue is governed by Decree No. 219 of the Government of Georgia, dated August 26, 2013, "On Requesting Public Information in Electronic Form and Publishing It Proactively" (Government Decree No. 219). The Government Decree, developed in 2013 as part of the Open Government Georgia Action Plan commitment, has established a list of public information that must be proactively published on the websites of public agencies at defined time intervals. Over the past decade, the Decree has played an important role in enhancing access to public information in Georgia. However, after 10 years of enacting the document, it is crucial to reassess current needs and challenges and to expand the list of public information that should be proactively published accordingly. Furthermore, to ensure a high standard of access to public information, it is essential to continuously develop the capabilities of those responsible for providing information and to improve their qualifications. Therefore, in line with the update of the Decree, it is crucial to implement measures aimed at strengthening the capacity of relevant civil servants.

Brief description of the commitment

This commitment entails enhancing the current standard for the proactive publication of public information, thereby implementing the second wave of the reform. During the commitment's formulation process, government agencies and the civil sector identified areas that, when included in the scope of Government Decree No. 219, would increase access to public information. Consequently, after the amendments to the Decree, the following public information will be added to the updated list:

 Cultural and creative activities financed under the programs of the Ministry of Culture and Sports The Ministry of Culture and Sports of Georgia allocates substantial funds from its budget to support diverse cultural and creative activities. However, information regarding these activities is currently not provided proactively and systematically, elevating the risks of potential misuse of funds in this domain. As part of this commitment, essential details such as the names of the competition winners, the organizations/individuals responsible for implementing the winning project, the total number of projects submitted for the competition, and the overall budget allocated for the competition will be published.

 Inspections conducted by the Department of Environmental Supervision In accordance with Georgia's legislation, the Department of Environmental Supervision, a state subordinate body under the Ministry of Environment and Agriculture – Department of Environmental Supervision, is tasked with overseeing compliance with the conditions specified in issued licenses, permits, and environmental decisions. The department conducts inspections to verify adherence to the issued license/permit conditions, assessing the extent and impact of any harm caused to the environment because of activities. Additionally, the agency is responsible for implementing appropriate responses. The right to live in a healthy and safe environment, along with access to information about its protection, is constitutionally guaranteed in Georgia. To uphold and safeguard this right, the Department of Environmental Supervision will use its online platform to proactively disseminate information regarding conducted inspections. This practice will offer valuable information to the public and contribute to preventing environmental violations.

 Inspections conducted by the LEPL – Labor Inspection Office Since September 1, 2019, the LEPL – Labour Inspection Office has been granted the authority to monitor compliance with labor safety standards across all workplaces in the country. Subsequently, starting from January 1, 2021, the inspector's powers have been expanded, now allowing comprehensive monitoring of labor rights. Despite legislative reforms, the country still grapples with the challenge of fully implementing mechanisms for the protection of labor rights in workplaces. This issue persists, even with the increased mandate, as evident in the results of labor legislation supervision. In response, one of the priorities of the Labour Inspection Office is to develop mechanisms for publishing information and fostering public awareness to enhance the effectiveness of its activity and overall accountability.

 Court decisions To enhance the accountability of the judicial system, maintaining a high standard of access to court decisions is paramount. One effective mechanism to achieve this goal is to ensure the public availability of complete court decision documents across all instances (while safeguarding personal data). As part of this commitment, in alignment with the requirements outlined in the Organic Law of Georgia "On General Courts," the full text of judicial acts arising from open court hearings in general courts will be proactively published in a depersonalized form once the final court decision enters into legal force. It should be noted that any decision made by the General Court of Georgia is considered a judicial act, including those decisions not resolving a case on its own merits.

 Decisions made during government meetings. Currently, the minutes of government meetings are not publicly available, diminishing public awareness regarding decisions made during these sessions. To enhance the transparency of government activities, increase public accountability, and keep citizens well-informed, the agenda of each meeting will be published before its commencement, and the minutes of the session will be proactively made available on the official government website following its conclusion.

 Decisions of the Commission of the State Referral Service Program Under the framework of the State Referral Service Program, a specially designated commission is entrusted with the responsibility of deciding on the issuance of funding and determining amounts allocated to beneficiaries. Currently, information regarding applications registered under the program and the decisions made by the commission for each application is not readily accessible to interested parties, except for program beneficiaries (presented in depersonalized data). To fulfill the commitment, reports detailing the decisions made by the commission within the State Referral Service Program will be prepared, and statistical data will be proactively published.

 Procurements financed from the reserve funds of the Government of Georgia Currently, information about state procurements financed from the reserve funds of the Government of Georgia is not readily accessible, in accordance with existing legal regulations. There is no mandatory requirement to ensure competition in procurements made with funds allocated from the reserve funds. Additionally, there is no obligation to adhere to other transparency procedures. As a result, information on financing from the government's reserve funds is currently not included on the electronic portal procurement.gov.ge. The present commitment’s goal is to ensure the proactive provision of access to information on funding disbursed from reserve funds.

 Listing of databases registered with the Unified State Registry The Law "On the Unified State Registry of Information" has been effective in Georgia since June 1, 2011. This law mandates the recording of significant changes, distribution, consolidation, cancellation, destruction, archiving, and transfer of registers, databases, services, or information systems. According to the law, the Unified State Registry is responsible for gathering comprehensive information about information assets owned by the public sector in the form of databases, registers, services, or information systems. This information may serve as a valuable resource for various stakeholders, including businesses, media, public organizations, and academia, seeking data produced in the public sector. For the effective implementation of the law, it is crucial to raise awareness among representatives of government agencies about this law and to make a general description of the databases registered in the Unified State Registry proactively available.

 Ensuring proactive access to information on the issuance of construction permits for objects of special importance and state supervision of the existing construction permits. Current regulations do not allow for direct public participation in the issuance of permits for constructing buildings of special importance. As a result, ensuring the proactive availability of information regarding monitoring and state supervision over these permits acquires particular significance. Facilitating access to information for interested parties about ongoing construction activities, including inspection results through a single online platform will amplify public awareness. This, in turn, will bring to light the nature and extent of violations at various construction sites, potentially contributing to the prevention and elimination of such violations in the future. With funding from the EBRD, the LEPL – Technical and Construction Supervision Agency is currently implementing an interactive mapping system linked to a digitalized and unified electronic system for construction permits and administrative processes for objects of special importance. This initiative is scheduled to be concluded in 2024. Upon the project's completion, it will be possible to publish permits issued by the Agency simultaneously along with information about state supervision provided quarterly.

 Energy projects Electricity production stands as a critically important sector for the country. Consequently, the proactive publishing of agreements (such as memorandums and contracts) concluded between the Government of Georgia and companies in this sector will significantly increase the government's accountability to the public and elevate transparency in its activities. As part of this commitment, on the one hand, an individual administrative legal act will be developed defining the rules for the proactive publication of agreements (and other types of documents) concluded in the energy sector, on the other hand, easy access to agreements in the energy sector will be ensured, in accordance to established rules.

 Mineral extraction In 2017, the government took significant steps by establishing the LEPL - National Minerals Agency and formulating a strategy for the mineral sector, as the Georgian Government is committed to strengthening institutional mechanisms, refining the legislative framework, enhancing investment attractiveness, and promoting transparent and accountable transactions. While the creation and operation of the National Minerals Agency have notably improved communication within the sector, stakeholder consultation, and information publicity, formal requirements or mechanisms for facilitating information exchange and public consultation on mineral-related topics are still lacking. As part of this commitment, a crucial aspect involves the proactive publication and continuous updating of the register of mining licenses. Additionally, making information available regarding state supervision of licenses (regarding compliance with license conditions) will significantly elevate public awareness about the development and current state of the industry. As part of the commitment, the following will also be ensured: - Proactive publication of information on cases of illegal mineral extraction quarterly - Proactive publication of information detailing measures taken to enforce adherence to the law in the oil and gas extraction sector.

Milestones | Expected Output

1.1. Improvement of the existing standard for proactive publication of information

1.1.1 Examine international practice on proactive publication of public information | International practices are examined to expand the list of public information eligible for proactive publication

1.1.2 Draft amendment to government decree and approval | Amendment to Government Decree No. 219 is approved

1.1.3 Training of personnel responsible for providing public information | Relevant employees from the ministries are trained on the accessibility of public information

1.2. Ensuring proactive access to information on cultural and creative activities financed under the programs of the Ministry of Culture and Sports

1.2.1 Publication of Information about financed cultural and creative activities | Information on cultural and creative activities financed under the programs of the Ministry of Culture and Sports is published quarterly on the Ministry's website

1.3. Ensuring proactive access to information on inspections conducted by the Department of Environmental Supervision

1.3.1 Following a court decision, information (protocols, court decisions, environmental damage under consideration, and administrative orders) about the inspections (findings) concerning regulated objects proactively published | Following a court decision, information about the inspections (findings) carried out on regulated objects (protocols, court decisions, environmental damage under consideration, and administrative orders) is proactively published while adhering to the protection of personal data

1.4. Ensuring proactive access to information on inspections conducted by the LEPL – Labour Inspection Office

1.4.1 Establishing an online platform and disseminating statistical data regarding conducted inspections |  Online platform is created.  Up-to-date statistical information on inspections carried out is proactively published, and classified (at a minimum) by the severity of violations, economic activity, types of inspections and regions

1.5. Ensuring proactive access to court decisions

1.5.1 Publication of court decisions of all instances in compliance with personal data protection | Decisions of all court instances are proactively published, ensuring compliance with personal data protection, and available in an open format

1.6. Ensuring proactive access to information on government sessions

1.6.1 Publication of agendas and minutes of government meetings |  Agendas of government meetings are published on the official website of the Government of Georgia  After a government meeting, minutes of the session are published on the official website of the Government of Georgia

1.7. Ensuring proactive access to Commission decisions within the State Referral Service Program

1.7.1 Development of an analytical tool for the publication of information on decisions made by the general commission within the framework of the State Referral Service Program | Analytical tool is prepared

1.7.2 Publishing statistics on decisions made by the general commission within the State Referral Service Program framework | Statistics are published quarterly

1.8. Ensuring proactive access to information on procurements financed from the reserve funds of the Government of Georgia

1.8.1 Publication of information on procurements from the reserve funds of the Government of Georgia | Information on procurements financed from the reserve funds of the Government of Georgia is proactively published

1.9. Ensuring proactive access to the listing of databases registered with the Unified State Registry

1.9.1. Preparation and initiation of a draft ammendmen to update the Law of Georgia “On the Unified State Registry of Information” considering current needs | The Law of Georgia “On the Unified State Registry of Information” is reviewed and, if necessary, updated

1.9.2. Updating the portal of the Unified State Registry of Information | Portal of the Unified State Registry of Information is updated

1.9.3. Creation of a module for the proactive publication of databases registered in the Unified State Registry | Proactive publication module is created on the portal of the Unified State Registry (integrated into the websites of government agencies)

1.9.4. Periodic update and proactive publication of the list of databases registered in the Unified State Registry | A list of databases registered in the Unified State Registry (along with a description of the database metadata) is proactively published

1.9.5. Raising awareness of civil servants about the Unified State Registry | At least 20 representatives from 10 government agencies are trained on the subject of the Unified State Registry

1.10. Ensuring proactive access to information on the issuance of construction permits for objects of special importance and state supervision of the existing construction permits

1.10.1 Development of a unified electronic system | A unified electronic system is created including the following modules: ▪ Document flow module ▪ Administrative control panel ▪ User registration module ▪ Search engine ▪ Report generating module ▪ Spatial data module ▪ Actions archive

1.10.2 Training in the application and management of a unified electronic system | A minimum 40 civil servants are trained in the application and management of the unified electronic system

1.10.3 Publication of information on the issuance of construction permits for sites of special significance and state supervision of the existing construction permits  Up-to-date information on the entire permission issuance process is accessible to interested parties  Information about state supervision is proactively published once a quarter

1.11. Ensuring proactive access to information on energy projects

1.11.1 Publication of signed memorandums/contracts on energy projects | Procedure for the publication of signed memoranda/agreements on energy projects is developed and approved; Signed memoranda/agreements on energy projects are published on the official website of the Ministry in accordance with established procedures

1.12. Ensuring proactive access to information on mineral extraction

1.12.1 Publication and continuous update of the register of mining licenses | The register of mining licenses is published and updated quarterly

1.12.2 Publication of information about the state supervision of mining licenses (regarding the status of compliance with license conditions) | Information on state supervision of mining licenses (on the status of compliance with license conditions) is proactively published every quarter on the website of the LEPL – National Agency of Mineral Resources

1.13. Ensuring proactive access to information on instances of illegal mineral extraction

1.13.1 Proactive quarterly publication of information on instances of illegal mineral extraction | Information on instances of illegal mineral extraction is proactively published every quarter

1.14. Proactive publication of information on the measures taken for the enforcement of the Oil and Gas Extraction Law

1.14.1 Proactive publication of information on the outcomes of measures taken to enforce adherence to law in the oil and gas extraction sector | Information on the outcomes of measures implemented to enforce adherence to laws is published by the LEPL – State Agency of Oil and Gas every six months on its official website (once the website development is complete)

Indicator

1. Comprehensive review of international practices regarding the proactive publication of public information is conducted.
2. The Decree No. 219 of the Government of Georgia is amended and includes the information specified in paragraphs 1.2-1.14 of this commitment
3. Relevant government agencies are publishing public information in accordance with the updated Government Decree on the proactive disclosure of public information.
4. Relevant officials from the ministries are trained to enhance the accessibility of public information