isfed pre-election assessment june 21, 2016

7/25/2019 ISFED Pre-Election Assessment June 21, 2016

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Evaluation of Electoral Environment

Ahead of the October 8, 2016 Parliamentary Elections

Tbilisi, June 21, 2016

International Society for Fair Elections and Democracy (ISFED) presents evaluation of Georgian

electoral environment ahead of the parliamentary elections, based on the analysis of electoral

legislation, election administration activities, political and media pluralism.

Publication of the Presidential Decree on June 8, 2016, which set October 8 as the date of the

parliamentary elections 1 , marked the beginning of a four-month long official pre-election

campaign period.

Despite a number of initiatives, there have been no substantial improvements in the electoral

system of Georgia ahead of the 2016 parliamentary elections. Redrawing boundaries of single-mandate majoritarian districts and increasing threshold do not sufficiently addressing all

problems related to the electoral system. Additionally, several pending drafts of amendments tolegal framework for elections have not yet been passed. Although recent activities of theelectoral management body (EMB) have been positive, certain concerns have been raised by the

process of recruitment of district electoral commission (DEC) members and inconsistent

approach of DECs to complaints. Pre-election environment is jeopardized by violence againstpoliticians and attempts of blackmail by videos of private life, as well as by the states

ineffective response to such incidents. Legal disputes over ownership of TV companies and

suspension of several major talk shows during pre-election period have raised concerns aboutmedia environment. Existence of media outlets that are critical of ruling political groups is

essential during the pre-election period.

Electoral system

Under the Constitution of Georgia and the Georgian Election Code, parliamentary elections willbe held based on a mixed electoral system where 73 members of the 150-seat legislature will be

elected through single-mandate constituencies, known as majoritarian electoral districts and

remaining 77 seats will be elected through proportional system.2

On December 23, 2015, the parliament of Georgia, in light of the Constitutional Courts

decision

3

and recommendations of the Venice Commission, introduced changes to theboundaries of majoritarian constituencies, for them to fall within the margin of 15% deviation

from the average size of a constituency by number of voters. The parliament also increased vote

threshold required for majoritarian candidates from 30% to 50%+1.

1See the presidential decree published by the CEC:http://www.cesko.ge/uploads/other/33/33940.pdf;2Articles 49 and 50 of the Constitution of Georgia;3Decision of the Constitutional Court of Georgia #1/3/547, 28 November 2015, available at:http://www.constcourt.ge/ge/legal-acts/judgments/saqartvelos-moqalaqeebi-ucha-nanuashvili-da-mixeil-sharashidze-saqartvelos-parlamentis-winaagmdeg.page
http://www.cesko.ge/uploads/other/33/33940.pdfhttp://www.cesko.ge/uploads/other/33/33940.pdfhttp://www.cesko.ge/uploads/other/33/33940.pdfhttp://www.constcourt.ge/ge/legal-acts/judgments/saqartvelos-moqalaqeebi-ucha-nanuashvili-da-mixeil-sharashidze-saqartvelos-parlamentis-winaagmdeg.pagehttp://www.constcourt.ge/ge/legal-acts/judgments/saqartvelos-moqalaqeebi-ucha-nanuashvili-da-mixeil-sharashidze-saqartvelos-parlamentis-winaagmdeg.pagehttp://www.constcourt.ge/ge/legal-acts/judgments/saqartvelos-moqalaqeebi-ucha-nanuashvili-da-mixeil-sharashidze-saqartvelos-parlamentis-winaagmdeg.pagehttp://www.constcourt.ge/ge/legal-acts/judgments/saqartvelos-moqalaqeebi-ucha-nanuashvili-da-mixeil-sharashidze-saqartvelos-parlamentis-winaagmdeg.pagehttp://www.constcourt.ge/ge/legal-acts/judgments/saqartvelos-moqalaqeebi-ucha-nanuashvili-da-mixeil-sharashidze-saqartvelos-parlamentis-winaagmdeg.pagehttp://www.constcourt.ge/ge/legal-acts/judgments/saqartvelos-moqalaqeebi-ucha-nanuashvili-da-mixeil-sharashidze-saqartvelos-parlamentis-winaagmdeg.pagehttp://www.cesko.ge/uploads/other/33/33940.pdf


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Despite equalizing boundaries for electoral districts and increasing the vote threshold required

for majoritarian candidates, which are both positive steps forward, monitoring NGOs believe that

the existing electoral system allows for an outcome that is disproportionate and therefore,unfair.4Specifically, through the majoritarian elections it gives a chance to a dominating party to

potentially secure far more mandates than the actual support of the party in the proportional

elections.

5

Despite the consensus reached in 2015 among NGOs, wide spectrum of opposition parties and

with involvement of the president for replacing the current electoral system with a fully

proportional one6, the parliament has failed to enact subsequent Constitutional changes.

There are two Constitutional bills under consideration by the Georgian Parliament. According to

the bill initiated by the ruling party, changing current electoral system and replacing it with a

fully regional-proportional system should happen only after the 2016 parliamentary elections,7whereas the proposal of opposition parties offers transition to a regional-proportional system in

for the 2016 parliamentary elections. 8 None of the two initiatives have secured sufficient

number of votes for passing.

At the end of the parliamentary session period, one of the members of the ruling coalition, theRepublican Party changed its position and initiated a new draft of amendments to the Election

Code for transitioning to the so-called German Model, which does not require Constitutionalchanges.9 Despite pledges made by the parliamentary and non-parliamentary parties in support

of changing electoral system, the initiative could not secure enough votes from opposition parties

in the parliament.10

In addition, three applications have been filed with the Constitutional Court requesting that the

court deem current electoral system and electoral district boundaries unconstitutional.11 If thecourt rules in favor of the applicants, it is possible that the parliament of Georgia will be ordered

to change the electoral system ahead of the elections.

Pending changes in the legal framework

Other bills have been initiated in the parliament of Georgia for changes in the legislativeframework, including for introducing new regulations for voting in the so-called special polling

4 See statements of NGOs:http://www.isfed.ge/main/933/geo/;http://www.isfed.ge/main/934/geo/5 For instance, in the parliamentary elections in 2008, the UNM garnered 59.18% of votes in proportional elections, while it

gained 79.34% of parliamentary seats. Similar disproportionate allocation of seats occurred in 2014for instance, the coalitionGeorgian Dream gained 28% more seats in Tbilisi Sakrebulo than votes;6 Address of NGOs and political parties to the parliament of Georgia, dated May 30, 2015, is available at:

http://www.isfed.ge/main/904/geo/7Draft of Constitutional Law of Georgia, initiated by 81 MPs through the rule of legislative initiative, on Amendments to theConstitution of Georgia, #07-3/475, 3 September 2015;8 Legislative initiative submitted by at least 200 000 voters, #18314, 8 September 2015;9 The bill is available at:http://info.parliament.ge/#law-drafting/1199910See a joint statement of NGOs: http://www.isfed.ge/main/1060/geo/11 Applications by the UNM (#761), by at least 1/5 of MPs (#763) and citizens Tamar Papashvili and Ana Beridze (#755),available at:http://constcourt.ge/ge/court/sarchelebi
http://www.isfed.ge/main/933/geo/http://www.isfed.ge/main/933/geo/http://www.isfed.ge/main/933/geo/http://www.isfed.ge/main/934/geo/http://www.isfed.ge/main/934/geo/http://www.isfed.ge/main/934/geo/http://www.isfed.ge/main/904/geo/http://www.isfed.ge/main/904/geo/http://info.parliament.ge/#law-drafting/11999http://info.parliament.ge/#law-drafting/11999http://info.parliament.ge/#law-drafting/11999http://www.isfed.ge/main/1060/geo/http://www.isfed.ge/main/1060/geo/http://constcourt.ge/ge/court/sarchelebihttp://constcourt.ge/ge/court/sarchelebihttp://constcourt.ge/ge/court/sarchelebihttp://www.isfed.ge/main/1060/geo/http://info.parliament.ge/#law-drafting/11999http://www.isfed.ge/main/904/geo/http://www.isfed.ge/main/934/geo/http://www.isfed.ge/main/933/geo/


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stations12, for amending rules for allocation of free advertising airtime for electoral subjects13, for

police presence outside polling stations for security reasons14, for determining criminal liability

for battery or other violence inside or outside a polling station15, etc. The Parliament of Georgiaonce again voted down a bill for securing at least 30% representation of different sex in electoral

party lists.

Particularly notable are deficiencies in the government-initiated bill about the so-called special

polling stations, which upholds the right of military workers to vote for a majoritarian MP

outside their place of registration. As a response, NGOs have developed and registered a draftlaw in the parliament that allows only those military voters to participate in majoritarianelections whose place of their registration falls within boundaries of the electoral district

concerned. Otherwise, we believe that the existing practice of voting by military personnel poses

a threat of manipulation of election results.

Election administration

Election administration in Georgia remains as a body composed both by party appointees and

professional members. Dynamics of elections held over the recent years has not revealed any

systemic or substantial violations by the election administration on the Election Day. Rather,

elections have largely been held in an organized environment.16

Nevertheless, certain flaws in the work of the election administration remain. In 2016, the CEC

conducted a recruitment of significant number of professional members of the District Election

Commissions (DEC). ISFED monitoring report reveals that the CEC failed to adequatelyevaluate candidates and substantiate their appointment. Voting for candidates showed signs of

pre-agreed decisions, while out of 182 members of the Commission studied by ISFED, 67 had

political affiliation or partisan past.17

Most recent local self-government elections held on May 22, 2016, revealed inconsistencies at

the DECs in the process of handling and reviewing complaints, which complicates election

monitoring for observer organizations.18

The process of staffing Ajara Supreme Election Commission (SEC) has been brought to adeadlock. Competitions have been announced and deemed ruined two times because Ajara

Supreme Council did not approve candidates selected through a public competition. There is a

12 Bill #07-3/538, 4 February 2016, initiated by the Free Democrats parliamentary faction; bill #07-2/463, 29 September 2016,

initiated by the Government of Georgia;13Bill # 07-3/579, 19 May 2016, available at:http://info.parliament.ge/#law-drafting/1203114Bill #07-2/499, 8 June 2016, initiated by the government of Georgia and available at:http://info.parliament.ge/#law-

drafting/1212015Bill #07-2/499, 8 June 2016, initiated by the government of Georgia and available at:http://info.parliament.ge/#law-drafting/1211916Final report of monitoring 2014 local self-government elections by ISFED, 2014, available at:http://www.isfed.ge/main/777/geo/17Report of monitoring a competition for selection of District Electoral Commission members, ISFED, 1 April 2016, available

at:http://www.isfed.ge/main/1034/geo/18See ISFEDs assessment:http://www.isfed.ge/main/1066/geo/
http://info.parliament.ge/#law-drafting/12031http://info.parliament.ge/#law-drafting/12031http://info.parliament.ge/#law-drafting/12031http://info.parliament.ge/#law-drafting/12120http://info.parliament.ge/#law-drafting/12120http://info.parliament.ge/#law-drafting/12120http://info.parliament.ge/#law-drafting/12120http://info.parliament.ge/#law-drafting/12119http://info.parliament.ge/#law-drafting/12119http://info.parliament.ge/#law-drafting/12119http://info.parliament.ge/#law-drafting/12119http://www.isfed.ge/main/777/geo/http://www.isfed.ge/main/777/geo/http://www.isfed.ge/main/1034/geo/http://www.isfed.ge/main/1034/geo/http://www.isfed.ge/main/1034/geo/http://www.isfed.ge/main/1066/geo/http://www.isfed.ge/main/1066/geo/http://www.isfed.ge/main/1066/geo/http://www.isfed.ge/main/1066/geo/http://www.isfed.ge/main/1034/geo/http://www.isfed.ge/main/777/geo/http://info.parliament.ge/#law-drafting/12119http://info.parliament.ge/#law-drafting/12119http://info.parliament.ge/#law-drafting/12120http://info.parliament.ge/#law-drafting/12120http://info.parliament.ge/#law-drafting/12031


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risk that the SEC will not be fully staffed in time for the elections, while the SEC Chair, whose

term of power has expired, may take on responsibilities of acting chair of the Commission19.

Political parties and pre-election environment

Existing and newly created parties have both announced their intent to participate in the

elections, including political forces created by former members of the United National

Movement20, members (political subjects) of the ruling coalition and politicians that have left the

Georgian Dream21, as well as newly created parties and political movements.22Some of the non-parliamentary parties have created a political bloc.23Despite his loud political statements, former

mayor of Kiev, Leonid Chernovetskyi abruptly withdrew himself from the election race.24

In an incident on May 22, 2016, local self-government by-elections in Kortskheli electoralprecinct of Zugdidi Municipality, a group of supporters of the ruling coalition physically

assaulted members of the UNM opposition party outside of the polling station. 25According tothe monitoring organizations, law enforcement officers mobilized at the scene of the incident

failed in their responsibility to fulfill order and apprehend assailants. Developments following

the incident suggest that the prosecutorsoffice was delaying identification and prosecution of

perpetrators.26At this time, assailants have been granted bail as a restraining measure.

We believe that ineffective response of law enforcement authorities and subsequent actions ofthe prosecution service, including the fact that the prosecution demanded a lighter restraining

measure for a serious crime (bail), are all indicative of selective justice.

Significant development in the context of election environment was the spread of videos through

social networks, allegedly containing footage of personal life of politicians, in March 2016 and

later. The videos were accompanied with threatening messages towards particular politicians and

journalists demanding them to stop their political or journalist activities. Ineffective investigationof these and earlier similar cases created a real risk of blackmail towards political spectrum

which has negative implications for free and competitive electoral environment and for theactivities of politically active persons. Important to note is that the threatening messages of the

videos were mainly addressed to women, which further deters efforts for encouragement of

womens political participation.

Media environment

Developments that began a year ahead of the elections have raised concerns about possible

interference with editorial policy of individual television stations. Specifically, in the second half

19See ISFEDs assessment:http://www.isfed.ge/main/1013/geo/20New Political CenterGirchi, Giorgi Vashadzes Civic Platform New Georgia;21Tamaz Mechiauri for Unified Georgia22Paata BurchuladzeState for the People23Davit Tarkhan-Mouravi, Irma InashviliAlliance of Georgian Patriots-United Opposition24See:http://bit.ly/1tAwqof25See ISFEDs statement:http://www.isfed.ge/main/1052/geo/26See a joint statement of NGOs:http://www.isfed.ge/main/1055/geo/
http://www.isfed.ge/main/1013/geo/http://www.isfed.ge/main/1013/geo/http://www.isfed.ge/main/1013/geo/http://bit.ly/1tAwqofhttp://bit.ly/1tAwqofhttp://bit.ly/1tAwqofhttp://www.isfed.ge/main/1052/geo/http://www.isfed.ge/main/1052/geo/http://www.isfed.ge/main/1052/geo/http://www.isfed.ge/main/1055/geo/http://www.isfed.ge/main/1055/geo/http://www.isfed.ge/main/1055/geo/http://www.isfed.ge/main/1055/geo/http://www.isfed.ge/main/1052/geo/http://bit.ly/1tAwqofhttp://www.isfed.ge/main/1013/geo/


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of 2015, two major talk shows were suspended on Imedi TV, while employment contracts with

journalists and talk-show producers were terminated. 27 In addition, the public broadcaster

(Channel 1) sacked Eka Mishveladze, host of one of the major talk shows, after giving herseveral written notices. Eka Mishveladzes dismissal was preceded by her allegations that

materials containing information about her personal life were used for blackmailing her and her

politician husband.

28

Legal dispute against TV station Rustavi 2, which is critical of the government, began in 2015

over ownership of the station. Former owner of Rustavi 2 shares (in 2004-2006), KibarKhalvashi has filed in court to reclaim his shares. Current management of the company allegesthat the legal dispute is politically motivated because the government wants to silence Rustavi

2.29 Former Prime Minister Irakli Gharibashvili dismissed the allegations stating that it is a

private dispute and the government has nothing to do with it. 30 The allegations about the

governments interference were also rejected by current PM Giorgi Kvirikashvili.31

Rustavi 2 trials and especially, decisions adopted by the first instance court, as well as statementsmade by government representatives about who the real owners of Rustavi 2 sharesare,32have

raised concerns that it is more than a private dispute but one that aims to shape editorial policy ofRustavi 2.

Another media dispute between company shareholders of Maestro TV began in late 2015,followed by several court cases and replacement of the companys General Director.33 One

week before the official pre-election campaign began, two analytical programs BusinessContact and Business Morning were suspended, while employment agreements were

terminated with four journalists, who protested suspension of the programs on air of a different

TV station.

During the pre-election period, as media remains partly free34, existence of media outlets critical

of the ruling political groups is essential. Media independence and diversity of editorial content

is an important guarantor for informed society and therefore, for free and fair electoral

environment.

27See:http://rustavi2.com/ka/news/2574028 See:http://www.tabula.ge/ge/story/105376-eka-mishveladze-pirveli-arxis-tsinaaghmdeg-sasamartloshi-sarchelis-shetanas-

gegmavs29 See the information and the companys assessment at:http://rustavi2.com/ka/news/29508http://rustavi2.com/ka/news/topic/vsrustavi230See the former PMs statement at:http://gov.ge/index.php?lang_id=GEO&sec_id=288&info_id=5214131See PM Kvirikashvilis interview:https://www.youtube.com/watch?v=X8YjKR0K6fk32See:http://www.transparency.ge/en/node/565433See:http://www.civil.ge/geo/article.php?id=3009934See Freedom Houses report at:https://freedomhouse.org/report/freedom-press/freedom-press-2016
http://rustavi2.com/ka/news/25740http://rustavi2.com/ka/news/25740http://rustavi2.com/ka/news/25740http://www.tabula.ge/ge/story/105376-eka-mishveladze-pirveli-arxis-tsinaaghmdeg-sasamartloshi-sarchelis-shetanas-gegmavshttp://www.tabula.ge/ge/story/105376-eka-mishveladze-pirveli-arxis-tsinaaghmdeg-sasamartloshi-sarchelis-shetanas-gegmavshttp://www.tabula.ge/ge/story/105376-eka-mishveladze-pirveli-arxis-tsinaaghmdeg-sasamartloshi-sarchelis-shetanas-gegmavshttp://rustavi2.com/ka/news/29508http://rustavi2.com/ka/news/29508http://rustavi2.com/ka/news/29508http://rustavi2.com/ka/news/topic/vsrustavi2http://rustavi2.com/ka/news/topic/vsrustavi2http://gov.ge/index.php?lang_id=GEO&sec_id=288&info_id=52141http://gov.ge/index.php?lang_id=GEO&sec_id=288&info_id=52141http://gov.ge/index.php?lang_id=GEO&sec_id=288&info_id=52141https://www.youtube.com/watch?v=X8YjKR0K6fkhttps://www.youtube.com/watch?v=X8YjKR0K6fkhttps://www.youtube.com/watch?v=X8YjKR0K6fkhttp://www.transparency.ge/en/node/5654http://www.transparency.ge/en/node/5654http://www.transparency.ge/en/node/5654http://www.civil.ge/geo/article.php?id=30099http://www.civil.ge/geo/article.php?id=30099http://www.civil.ge/geo/article.php?id=30099https://freedomhouse.org/report/freedom-press/freedom-press-2016https://freedomhouse.org/report/freedom-press/freedom-press-2016https://freedomhouse.org/report/freedom-press/freedom-press-2016https://freedomhouse.org/report/freedom-press/freedom-press-2016http://www.civil.ge/geo/article.php?id=30099http://www.transparency.ge/en/node/5654https://www.youtube.com/watch?v=X8YjKR0K6fkhttp://gov.ge/index.php?lang_id=GEO&sec_id=288&info_id=52141http://rustavi2.com/ka/news/topic/vsrustavi2http://rustavi2.com/ka/news/29508http://www.tabula.ge/ge/story/105376-eka-mishveladze-pirveli-arxis-tsinaaghmdeg-sasamartloshi-sarchelis-shetanas-gegmavshttp://www.tabula.ge/ge/story/105376-eka-mishveladze-pirveli-arxis-tsinaaghmdeg-sasamartloshi-sarchelis-shetanas-gegmavshttp://rustavi2.com/ka/news/25740


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Recommendations

Relevant legal amendments should be adopted in a timely manner, in order to allow election

stakeholders to launch a fully-fledged and informed electoral campaign;

Within the remaining session period, the parliament should support bills that aim to makemeaningful as opposed to superficial changes for substantial improvement of the legalframework for elections;

Response of government and law enforcement authorities to acts of violence against politically

active individuals should be strict, timely and effective;

Political subjects should ensure prevention of any type of violence, incitement or

encouragement of violence by their supporters against opponents;

The election administration should ensure consistent interpretation of all ambiguities related to

election disputes and timely inform all stakeholders;

Pluralistic and critical coverage of electoral processes must be ensured. Any attempts ofpolitical or artificial interference with medias editorial policy must be prevented.

Preparing this assessment is made possible by the generous support of the American people through the United

States Agency for International Development (USAID). The contents of this document are the sole responsibility of

ISFED and may not necessarily reflect the views of USAID or the United States Government.

isfed pre-election assessment june 21, 2016

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