Bureaucracy Crafting Its Own Constitution: Gezerdaa Slams New Presidential Decree

SUKHUM / AQW'A ― Lawyer Said Gezerdaa has raised concerns over a new presidential decree issued by President Aslan Bzhania, which revises the Temporary Regulations on the Implementation of Programs (Projects) of Foreign Non-Governmental and International Organisations in Abkhazia.

This decree mandates foreign NGOs and international entities operating in Abkhazia to provide exhaustive information about their activities. This includes details of local non-profit organisations involved, specifics of each project or event, its financial magnitude, and tax registration particulars. Furthermore, these organisations are now required to submit quarterly performance reports to the Ministry of Foreign Affairs, irrespective of their project initiation dates.

In a statement on his Facebook page, Said Gezerdaa expressed his concerns in light of the upcoming Constitution Day of Abkhazia:

"As we approach Constitution Day in Abkhazia, I feel compelled to address the recent amendments to the Presidential Decree. These initiatives exemplify a worrying trend in our domestic policy, which is becoming increasingly personalistic. The whims and desires of specific high-ranking officials are now heavily influencing our political processes, revealing a strong authoritarian bias that is in direct conflict with our constitutional principles. The bureaucracy is effectively creating its own set of rules, an unofficial 'constitution' that is understood only within its own circles. It is deeply concerning that my legal colleagues, responsible for drafting such unconstitutional documents, appear to have little impact in altering this course."

Gezerdaa also highlighted the role of civil society in the democratic framework of Abkhazia, emphasising the problematic nature of the new decree:

"The concept of 'decretal law', referring to various sub-legislative acts like decrees and resolutions used by the executive to illegitimately supersede laws, should not be a means to regulate civil society institutions. These are adopted without public discourse and at the discretion of a few officials. The decree in question, enacted during Raul Khadjimba's presidency, fundamentally contradicts our Constitution. The President should act solely as a strategist in this realm, delineating policy frameworks for civil society in programmatic documents. The involvement of UN agencies and international NGOs in Abkhazia is a matter for legislative regulation and falls within the Parliament's jurisdiction."

Additionally, Gezerdaa shed light on the decree's implications for the Ministry of Foreign Affairs:

"This decree is revealing in nature, uncovering the Ministry of Foreign Affairs' attempts to control the internal documentation of Abkhaz NGOs and intrude into domestic policy matters. The unnecessary involvement of the Ministry in these matters demonstrates a breach of its designated competencies. Consequently, there is a growing consensus that the Ministry should refocus on its primary responsibilities, a stance I firmly support."

As Abkhazia approaches its Constitution Day, this controversy underscores the ongoing debate about the balance of power and the role of governmental institutions in respecting and upholding constitutional values.

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For those interested in a deeper understanding of Gezerdaa 's perspective, his complete comment is provided below for full context:

As we approach Constitution Day in Abkhazia, I feel compelled to address the recent amendments to the Presidential Decree 'On some measures for the implementation of programs (projects) of foreign non-governmental and international organisations in the territory of the Republic of Abkhazia.

These initiatives exemplify a worrying trend in our domestic policy, which is becoming increasingly personalistic. This shift means that the whims and desires of specific high-ranking officials are now heavily influencing our political processes, revealing a strong authoritarian bias that is in direct conflict with our constitutional principles. Consequently, our bureaucracy is effectively creating its own set of rules, an unofficial 'constitution' that is understood only within its own circles. It is deeply concerning that my legal colleagues, responsible for drafting such unconstitutional documents, appear to have little impact in altering this course. Despite their anonymity, they shoulder a significant responsibility.

As members of the civil society, we are integral to the constitutional institution of democracy. Experts in constitutional law even acknowledge the emergence of public authority as a distinct form of power. Thus, the concept of 'decretal law', which refers to various sub-legislative acts such as decrees and resolutions used by the executive to illegitimately supersede laws, should not be a means to regulate civil society institutions. These are adopted without public discourse and at the discretion of a few officials.

The decree in question, enacted during Raul Khadjimba's presidency, fundamentally contradicts our Constitution. The President of the Republic of Abkhazia does not have the constitutional authority to oversee the activities of civil society and its international engagements. In this realm, the President should act solely as a strategist, delineating policy frameworks for civil society in programmatic documents like strategies and messages. The involvement of UN agencies and international NGOs in Abkhazia should be a matter of legislative regulation, with the participation of all interested parties, a responsibility that lies within the Parliament's jurisdiction. If the President deems it necessary, he can propose legislation. Thus, the Decree, particularly with its recent amendments, starkly opposes the Constitution, especially the principle of separation of powers.

Furthermore, this decree is revealing in nature, uncovering the Ministry of Foreign Affairs' attempts to control the internal documentation of Abkhaz NGOs and intrude into domestic policy matters. In doing so, the Ministry effectively replaces the roles of the Ministry of Justice and the State Security Service, both of which are already informed about these projects and financial movements. The unnecessary involvement of the Ministry of Foreign Affairs in these matters demonstrates a breach of its designated competencies. Consequently, there is a growing consensus that the Ministry should refocus on its primary responsibilities, a stance I firmly support.