OSCE/ODIHR final report on Georgia’s parliamentary elections recommends thorough review of legislation, including removing loopholes for misuse of state resources

Noting that the Georgian parliamentary elections in October 2016 were competitive, well-administered and fundamental freedoms were generally respected, and the election administration and the management of voter lists enjoyed confidence, the final report by the OSCE Office for Democratic Institutions and Human Rights (ODIHR) published on 3 February 2017 recommends a thorough review of election legislation.

While the electoral legal framework in Georgia is conducive to holding democratic elections, in some instances it lacks clarity and leaves room for varied interpretations, the report says. In addition, late amendments to the Election Code impacted electoral operations and the campaign. The report recommends the thorough review of the Election Code be conducted well in advance of the next election to ensure uniform application and clarify further the legal framework.

Noting that the initial high level of confidence in the Central Election Commission weakened following the first round, largely due to the way procedural errors and complaints on election day had been handled, the report recommends that the election administration conduct a thorough investigation of all complaints.

While voters could select from a wide range of candidates, the late introduction of changes to political party legislation impacted the registration of some parties and the inclusiveness of the registration process, the report notes. It recommends that all procedures for verifying party documentation be applied in a uniform and timely manner and an efficient communication mechanism be established among relevant authorities to ensure a consistent approach towards parties.

Referring to observed incidents of misuse of state resources and campaigning by public officials, the report further recommends removing legal loopholes and strengthening provisions prohibiting such misuse and unlawful campaigning.

The report also notes that the Georgian National Communications Commission (GNCC) did not comprehensively disclose the findings of its monitoring and did not react in a timely and effective manner to allegations of violations in the media. To increase transparency, the report recommends that the GNCC publish detailed media monitoring reports including all violations detected, complaints received and decisions taken.

Other recommendations include streamlining provisions on candidacy requirements in line with international standards, encouraging prompt reaction of relevant authorities in case of the suspected use of hate speech and further elaboration of criteria for accreditation of citizen observers and media representatives to prevent possible misuse.

For election day observation, the ODIHR mission was joined by delegations from the OSCE Parliamentary Assembly, the Parliamentary Assembly of the Council of Europe, the European Parliament and the NATO Parliamentary Assembly.