From the ISET Economist news (http://www.iset.ge/news/?p=3871)
By Eric Livny
Democracy and Freedom Watch reported October 9, that “Georgia’s controversial new immigration law may be changed”. The law, writes DFW, “has caused a wave of confusion and irritation in the country’s expat community. Prime Minister Irakli Gharibashvili … told journalists that if any defects become apparent after the enactment of the new law, ‘we’ll surely correct it.’”
Just a month earlier, confusion, irritation and public outrage were caused by another piece of Georgian legislation – a law greatly limiting the sales of non-prescription drugs (see Florian Biermann’s post). The outrage was caused by the fact that many of the drugs affected by the new law, e.g. plain painkillers, were in extremely wide use. As a result, less than two weeks after coming into force on September 11, the law was amended by the health minister, Davit Sergeenko, allowing 772 medicines to be sold over the counter, without a prescription.
One could perhaps say, as the Germans do, ende gut, alles gut. But, alles is nicht gut. The fact that such REALLY BIG MISTAKES are allowed to occur in the first place suggests that something is deeply flawed in the Georgian policymaking machine. One obvious concern is the lack of due “public policy” process. Indeed, there was nothing particularly urgent about either piece of legislation; both could have benefited from a proper technical review, “stakeholder consultations” and a public debate.
Second, and very importantly, these grand failures suggest that Georgian lawmakers lack a proper understanding as to the role of regulation in an economy, and how much of it a country like Georgia needs (or can afford).
THE BENEFITS OF PROCRASTINATION AND DEBATE
Any discussion of regulations can easily get politicized, sparking seemingly futile and lengthy political exchanges. Left-wing intellectuals would argue that regulations are there to address market failures (such as drug addiction and overconsumption of antibiotics) or protect the weak and vulnerable (e.g. by securing their jobs and providing income support). The libertarians among us would argue that the market can correct itself, and that, in any case, state paternalism is not a solution to any problem. Rather, it creates unnecessary red tape and leads to unintended consequences such as laziness, corruption, illicit economic activities (“black market”) and smuggling. State failures, according to the enlightened libertarian view, are as much of a problem as market failures.
Such a clash of ideas is quite legitimate, and – if conducted in a civil and constructive manner – should be welcome in any community and polity. For one thing, it would provide legislators with a better understanding of the “problem” they are trying to solve (if there is a problem), such as:
the incidence of antibiotic resistance among Georgians;
immigrants competing with (or creating jobs for) low-skilled Georgian workers;
the extent of land grabbing (as well as investment and job creation) by Punjabi farmers.
Ultimately, whether liberal immigration regime (or free access to medications) is to be recognized as a “problem” is about politics rather than science. Still, having some evidence to consider before rushing with regulatory “solutions” would be a good step forward. It may well be the case that, while generating “killer” headlines, a “problem” is ridiculously small in magnitude or does not even exist.
Secondly, when faced with the need to publicly defend their proposals, proponents of regulations would be forced to analyze alternative solutions while taking into account the cost factor, effectiveness in terms of actually solving the problem at hand, related corruption risks, and other types of collateral damage.
DON’T BITE OFF MORE THAN YOU CAN CHEW!
But perhaps the most ideology-free criterion of evaluating the feasibility of regulations is whether a country has the requisite human capacities and skills. Even a relatively simple regulation, such as traffic lights, may be counterproductive if not properly planned and executed. First, there is the basic question of how to regulate a given intersection (traffic lights are effective only when traffic intensity exceeds a certain threshold level, which is almost never reached at night). Second, traffic lights have to be properly timed to maximize intersection capacity and minimize delays). Poorly planned traffic lights – hello, Tbilisi! – are not only a drag on traffic but also a safety hazard.
What is true about traffic, is equally true for extremely complex regulations such as anti-trust, labor, and food safety, which Georgia has subscribed to as part of the Association Agreement with the EU. For instance, it will take years – maybe even generations – to build the necessary professional capacities within the Georgian parliament and judiciary, the competition watchdog, the economics, legal and management professions in order to implement Swedish-style anti-trust law in the Georgian context. Thankfully, for now Georgia is paying lip service to some its EU-related commitments (e.g. by creating a competition agency and copy-pasting anti-trust legislation without caring to enforce it).
The botched attempts to rewrite immigration and pharmaceuticals laws suggest that professional skills are in extremely scarce supply throughout Georgia’s bureaucracy. After all, the Georgian state is one of the youngest in the world; Georgia’s educated urban elite is a tiny sliver of the population; and even this sliver has been impoverished by many years of brain drain and outmigration. In this situation, the Georgian state should not attempt to bite off more than it can chew. It should avoid complex regulations, even when these are theoretically desirable or required by its international partners. It should certainly avoid thoughtlessly copy-pasting regulations that have been designed for other times and other places.
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A short story by Leo Tolstoy titled “How much land does a man need” describes the fate of a land-hungry Russian peasant, Pakhom, who is promised as much land as he can walk around from sunrise till sunset. One condition is attached: he has to make a full circle and return to the point origin by the end of the day. To maximize his future land holdings, Pakhom sets on a rather ambitious circular route, and is too late to realize that he cannot make it back on time. He runs as fast as he can and, exhausted from the effort, drops dead at the point of origin. His servant buries him in a grave only two meters long, thus ironically answering the question posed in the title.
The First Lady of Georgia Maka Chichua visited Bolnisi municipality’s educational- rehabilitation center for children with disabilities. While there she also received information about Bolnisi’s Municipally run Women’s Room, a service providing consultation and linkages to resources for local rural inhabitants. The First Lady was hosted by the Governor of Kvemo Kartli Grigol Nemsadze and the Gamgebeli of Bolnisi Municipality Davit Sherazadishvili. The Alliances Caucasus Programme who facilitated the inception of the rooms now present in 17 rural municipalities and two cities in Georgia was invited and highlighted the pertinence of the service to the supporting the initiative of the First Lady.
Three local women have been employed by the Association for Each Other through Keda municipality Women’s Room. The women will conduct a survey about the people with disabilities in every administrative unit and village of the municipality.
“The Women’s Room has given me an opportunity to get my own income. It’s temporary, but I think it will be the beginning of my active social life. This experience will give me new skills and become more involved in the local activities, I want to use this chance and make new linkages“. – says Mari Baramidze, one of the employed wom
The Spring transhumance of the annual movement million heads of livestock has recently started. Georgian Shepherds will benefit from two new Bio Security Points in Dedoplistskaro and Signagi in addition to existing points in Marneuli and Rustavi municipalities. All four BSPs are in full operational mode ready to serve nomadic farmers. EU standard infrastructure, duly equipped specialists hired by the NFA and the special chemicals for treating animals against parasites - are in place to ensure health control of migrated livestock. A special certificate is also issued for farmers proving the livestock was treated against external parasites.
Two more BSPs in Telavi and Bolnisi municipalities funded by the government of Georgia are now underway and will be finished by the end of 2017.
'Jara' has been premiered on 30th of March with great success. More than 400 representatives from the regional and central government, the non-governmental sector, the donor organizations gave standing ovations and applauses to the film makers and artists.
‘The film is shot in a professional manner. It is astonishing and wild to see. I have no idea how the crew has managed to shoot the bears and wolves. The special tribute should be paid to the composer of the film’s original soundtracks. It should be seen by as many people as possible: melancholy of the season changings, music and just amazing views of the wild nature, never seen in the daily lives’ – Dima Pursanov.
The promotion of Ajara as a world class ecological hotspot and eco-tourism destination is soon set for a massive boost. Filming on the ALCP facilitated Eco Films production ‘Jara’, a 52 minutes, a half-wildlife, half-human story observational documentary about mountains of one specific region of Republic of Georgia – Ajara, has been completed and the premiere will be held at Amirani Cinema on the 30th of March. The film has brought together various conservation stakeholders World Wildlife Fund Georgia, Caucasus Nature Fund, Eco Tours Georgia, Environmental Association Psovi, to produce what will be a stunning showcase of the beauty, nature and unique livelihoods of the rural inhabitants of Ajara.
The programme has already worked with EcoTours Ltd on developing Ajara as a destination for rural tourism based on nature and people. View their promotional video here and visit their website where they offer tailor-made tours to help you unlock the beauty of the region.
Equitable Empowerment in Georgia, an event celebrating community responses to equitable local government initiatives empowering women and men in communities of three regions of Georgia, will be held at Hualing Hotel in Tbilisi on the 17th of March, under the patronage of the Gender Equality Council of the Parliament of Georgia.
Please see the event website www.eeg.ge.
Up to 500 delegates - National, Regional and Local Government decision-makers, Women's Rooms managers and villages representatives, civil society and private sector and the women and men of the communities themselves - will present their motivations, methods and achievements. Likeminded people from the worlds of sport, culture, business and entertainment who seek to enrich the lives of women and men and boys and girls in Georgia in their work will speak and share their view about why this matters. Showcase stands from communities, enterprises, private sector, media and civil society will add colour and interest framed by the photographs of the municipal photo competition.
The event has been facilitated through the Alliances Lesser Caucasus Programme funded by the Swiss Agency for Development and Cooperation and implemented by Mercy Corps Georgia.
