OSCE/ODIHR publishes interim report on Georgia's pre-election environment
OSCE/ODIHR publishes interim report on Georgia's pre-election environment

The OSCE Office for Democratic Institutions and Human Rights (ODIHR) has published an interim report on the pre-election environment in Georgia.

Covering the period from September 11 to October 9, the report highlights that the first parliamentary elections under a fully proportional system are scheduled for October 26.

“On 26 October, Georgia will hold its first parliamentary elections under a fully proportional system. The elections take place in the context of entrenched political polarization, continued political tension, opposition distrust in state institutions and concerns about protection of the right to association and expression. These are also the first elections since Georgia was granted EU candidacy status in 2023, a process according to EU Council conclusions of June 2024 de facto halted following the adoption of the Law on Transparency of Foreign Influence. The lead up to and the actual adoption of the law led to large-scale public protests,” the document states.

The document notes that since the last parliamentary elections, over 20 amendments have been made to the Election Code, addressing several previous recommendations from ODIHR. However, it also indicates that some recommendations remain unimplemented.

“Since the last parliamentary elections, the Election Code has been amended over 20 times. The 2022 and 2023 amendments followed public discussions garnering broad support and although they did not provide the recommended comprehensive reform, addressed several previous ODIHR recommendations. The 2024 changes, however, were adopted without sufficient public consultation or consensus, and raised concerns about their impact. Moreover, several ODIHR recommendations remain outstanding, including those related to impartiality of election administration, misuse of administrative resources, campaign and campaign finance, media-related campaign regulations, and strengthening the framework for electoral dispute resolution,” it notes.

Additionally, it states that the election administration has adhered to all legal deadlines, conducted training for various stakeholders, and initiated a large-scale voter awareness campaign. “Preparations for the elections are ongoing, and the election administration has complied with all legal deadlines to date, has held training for various stakeholders and initiated a large-scale voter information campaign. Many ODIHR EOM interlocutors expressed trust in the election administration’s technical and organizational capacities, but some ODIHR EOM interlocutors raised concerns that the simplified decision-making process of the CEC, the removal of the opposition-appointed deputy chairperson and the new appointment method of its members, could negatively impact the impartiality of the election administration.”

The report also addresses the use of electronic systems in the election process.

“For the first time, electronic devices will be used in most polling stations for voter identification, counting, establishing and transmitting preliminary results. While introduction of these technologies has been supported by most stakeholders, some have expressed concerns about the capacity of Precinct Election Commissions (PECs) to manage the increased number of registered voters per polling station, which has doubled since the last elections, and underlined the need for further transparent auditing of the technology, and voter education to address misconceptions that the devices may be used to breach vote secrecy,” the report notes.

ODIHR’s interim report indicates that most ODIHR EOM interlocutors did not raise significant concerns about the inclusiveness of the voter lists, but some noted inaccuracies.

“There are some 3.4 million registered voters. The CEC has offered a number of options for verifying voter registration information and requesting corrections, both in-person and online. Most ODIHR EOM interlocutors did not raise significant concerns about the inclusiveness of the voter lists, but some noted inaccuracies mainly stemming from the potential presence of deceased voters and citizens de facto residing abroad on the list,” it states.

Additionally, there were no significant concerns raised about the candidate registration process.

“Out of 40 applications received from parties, the CEC registered 27 electoral subjects, of which 19 submitted candidate lists, with 18 of them eventually registered as contestants. Political parties are not permitted to run in pre-electoral blocs, leading some political parties to form de facto coalitions by registering their candidates on the lists of the leading parties within their coalitions. ODIHR EOM interlocutors did not raise concerns regarding the candidate registration process,” the document reads.

However, the report highlights that the representation of women in elective positions remains low, despite constitutional provisions requiring the state to implement special measures for gender equality.

“Women’s representation in elected positions remains low, despite constitutional provisions requiring the state to take special measures to ensure gender equality. The 2024 amendments abolished the mandatory gender quota, along with other temporary special measures, for candidate lists and other legislative measures aimed at increasing women’s political participation, a measure criticised by several ODIHR EOM interlocutors for its potential negative impact on gender representation in politics. According to the CEC as of 11 October, there were 1,185 candidates. Women led 3 lists and some 29 per cent of candidates are women,” it added.

The interim report also talks about pre-election campaigns of political parties: “Campaign messaging observed so far employs highly polarized rhetoric. The ruling party has framed the elections as a choice between peace and war, while most opposition parties present the elections as a referendum on country’s geopolitical position. Some ODIHR EOM interlocutors raised concerns related to intimidation tactics allegedly directed against their campaign activities, as well as voters, by ruling party supporters and state authorities. Isolated instances of verbal attacks, destruction of campaign materials and physical altercations were reported by both ruling and opposition parties. Despite the existing regulations, several ODIHR EOM interlocutors highlighted shortcomings in the legislation and its implementation concerning the potential misuse of administrative resources.”

Regarding pre-election campaigns, the newly established Anti-Corruption Bureau (ACB) is overseeing the incomes and expenses of political parties. “Political party income and expenditure are overseen by the newly established Anti-Corruption Bureau (ACB), which began scrutinizing parties’ finances during the campaign period and has taken ex-officio actions to request additional reporting. All contestants submitted their first interim reports. The ACB published them online, but the law does not require it to scrutinize and publish its conclusions on these reports before election day. The ACB initially designated several civil society organizations (CSOs), including a citizen observer group as a ‘subject with declared electoral goals’ bound by campaign finance regulations, but reversed its decisions following the request of the government.”

On media landscape it states: “The media landscape is diverse but highly polarized, reflecting political and business interests. Media faces a high number of civil defamation cases and threats to journalists’ safety persist. The law guarantees contestants free airtime on most broadcasters, depending on their results in the previous parliamentary elections, the right to purchase airtime under equal prices, and participation in debates. Television stations are liable for the content of party advertising. In the campaign period, some nine media outlets have been sanctioned for breaching the free airtime provisions.”

To date, the election administration and the courts have received some 120 complaints, primarily concerning the appointment of lower-level election commission members, misuse of administrative resources, and violations of campaign rules. “Most complaints were dismissed after being reviewed on substance. Several ODIHR EOM interlocutors noted a low level of trust in the ability of lawenforcement, the election administration and the judiciary to effectively and impartially examine and adjudicate politically sensitive matters.”

The document also states that the CEC accredited 68 citizen observer organizations with 2,602 observers, and 51 international observer groups with 512 observers.

“Several CSOs have launched long-term observation activities, and many noted a more challenging operating environment resulting from their public stigmatization following the adoption of the Law on Transparency of Foreign Influence,” it added.