Parliamentary by-elections in Georgia on 27 April competitive, says OSCE/ODIHR in final report, recommends improvements to legal framework

The parliamentary by-elections held in Georgia on 27 April 2013 were competitive and candidates were able to campaign freely, but aspects of the legal framework could benefit from further review, concludes the final report by the OSCE Office for Democratic Institutions and Human Rights (ODIHR) released on 9 July 2013.

The by-elections were held in three constituencies where members of parliament elected in the 1 October 2012 parliamentary elections were subsequently appointed to government positions. The report notes that the three constituencies were of disparate voter population size, which is at odds with the principle of the equality of the vote as stipulated in OSCE commitments and other international standards.

The report adds that some diverging interpretations of the legal framework surfaced during the by-elections. It recommends improvements to the election code to clarify the extent to which public officials are prohibited from participating in campaign-related activities and to ensure balanced political representation within Precinct Election Commissions.

The complaint process was highly transparent, though the investigation of some complaints lacked thoroughness, the report notes. In addition, while stating that the Inter-Agency Commission for Free and Fair Elections did not always act collegially and within its remit, the report recommends that the body consider only those issues falling within its legal mandate and act as a collegial body by making decisions and adopting recommendations through established voting procedures.

Among the report’s other priority recommendations are that the National Communication Commission publish legally binding, detailed regulations of media coverage for any electoral event and that all stakeholders respect a clear separation of partisan and non-partisan observation of elections.