**ANNEX E**

***CONFERENCE***

**FREEDOM OF INFORMATION IN CIVIL SOCIETY**

Organizer: **AMEX International**

Sponsor: **USAID**

Date: **December 10-12, 1999**

Place: **Gudauri, Georgia**

**RECOMMENDATIONS**

1.  Substantially revise provisions on state secrets (including the Law
    on State Secrets, the Decree of President of Georgia No. 42 of
    January 21, 1997 on the Approval of Normative Acts in Connection to
    the Enforcement of the Law on State Secrets, and statutes on the
    Mtavlit) in compliance with the new standards established by the
    Administrative Code.

2.  Draft the Law on the Rules of Organization of Public Register, as
    prescribed by Article 311 of the Civil Code.

3.  Revoke all those normative acts, which restrict free access to
    property declarations submitted by public officials; include in the
    declaration other type of information regarding income and property
    of public officials; limit the value of gifts that can be accepted
    by public officials; provide technical support to the Bureau for
    Property Declarations.

4.  Substantially refine electoral law in compliance with the
    requirements of FOI provisions.

5.  Draft amendments to the legislation on court proceedings to ensure
    openness of those court hearings, where matters concerning
    imposition of preventive measures are heard.

6.  Refine legislation to prevent violation of discipline and unethical
    conduct at court hearings.

7.  Draft the Law on Data Protection (including personal data).

8.  Substantially revise the Decree of President of Georgia No. 414 of
    January 1, 1999 on the Adoption and Enforcement of Uniform Rules of
    Record-Keeping for the purpose of bringing it into conformity with
    the Administrative Code.

9.  Clarify the term \"commercial secret\" in the Law on Commercial
    Banks and other applicable normative acts.

10. Provide for types and scopes of responsibility of public officials
    for violation of the Administrative Code.

11. For the purpose of refining the Administrative Code:

-   Clarify the concepts of \"national security\", \"commercial
    secret\", \"professional secret\" and \"executive privilege\" as
    used in the Freedom of Information section of the Administrative
    Code;

-   Rename the Public Register to the Public Information Register;

-   Clarify Article 29 of the Code (Executive Privilege);

-   Provide in Article 30 an exhaustive list of public officials who are
    responsible for classifying and declassifying information and limit
    the number of persons provided for by the Decree No. 42 of President
    of Georgia of 1997;

-   Define the form for publicizing the decision on classifying
    information, as provided in Article 31;

-   Define the forms of openness of sessions under Article 32
    (announcement, registration, regulating number of attendants, radio
    broadcasting);

-   Add \"information on reporting the destruction of public
    information\" to the report provided for in Article 49.

12. Speed up the creation of a single database of normative information
    and ensure that it is accessible to the public.

13. Define institutional priorities and the strategy for computerizing
    and posting public register in global computer network.

14. Recommend to implement necessary activities under FOI provisions
    (both normative and institutional) in accordance with methods and
    plans approved by the Consulting Counsel first at the Ministry of
    Justice and further adopt those methods in other agencies.

15. Develop necessary measures to put archives in order, including
    immediate publication of the description of all types of information
    maintained at the archives.

16. Develop necessary measures to post the most frequently asked
    information from governmental agencies at the National Library and
    other public libraries.

17. Regularly provide public agencies with information regarding
    enforcement of FOI provisions and appropriate measures that they
    should take.

18. Recommend judges to desist from commenting passed judgments and
    sentences and engaging in public debates on specific issues.

19. Recommend to create public relations services in all courts and
    district procuracies.

20. Train judges, journalists and relevant public servants in the area
    of freedom of information.

21. Implement the project of the Society for Fair Elections regarding
    solicitation of information from local governance agencies in larger
    scale.

22. Launch public awareness campaigns by utilizing some frequently used
    effective methods to increase the need for public information.

23. Create a video which will illustrate new mechanisms of freedom of
    information.

24. Recommend to prepare commentaries of the Administrative Code.

25. Request the Public Defender\'s office to actively engage in
    advocating and enforcing FOI legislation.

26. Hold a press-conference to present the recommendations of the
    conference.

27. Refine the FOI legislation manual prepared by AMEX and provide it to
    public agencies along with forms of relevant documents and an
    explanation letter.

28. Create a consulting board consisting of Georgian and foreign
    experts, which will assist public agencies in lawmaking and
    organizational activities that are necessary to enforce FOI
    provisions.

29. Draft a decree of President of Georgia regarding enforcement of
    these recommendations, as important anti-corruption measures.