Parliamentary Assembly
Assembl�e parlementaire

Ad hoc Committee to observe the repeat parliamentary elections in Georgia (28 March 2004)

Doc. 10151
26 April 2004

Report
Bureau of the Assembly
Rapporteur: Mr M�ty�s E�rsi, Hungary, Liberal, Democratic and Reformers’ Group

I.          Introduction

1.         The Bureau of the Assembly decided on 12 January 2004 to set up an ad hoc Committee of up to 30 members to observe the repeat parliamentary elections in Georgia and appointed Mr M�ty�s E�rsi (LDR, Hungary) as Head of delegation and Rapporteur of this Committee. On 1 March 2004, the Bureau accepted the proposal from the Secretary General of the Council of Europe to associate members of the Secretariat and experts to this ad hoc Committee, it being understood that such an enlarged Parliamentary Assembly Observation Mission would be under the Assembly’s leadership.

2.         Based on proposals by the political groups in the Assembly, the ad hoc Committee was composed as follows:

Socialist Group (SOC)
Mr Andreas GROSS Switzerland
Mr Goran MAGNUSSON Sweden
Mr Rainder STEENBLOCK Germany
Mrs Gisela WURM Austria
Ms Katrin SAKS Estonia
Mr Francisco ARNAU Spain

Group of the European People’s Party (EPP/CD)
M. Renzo GUBERT Italy
Mr Andres HERKEL Estonia
Mme Rosmarie ZAPFL-HELBLING Switzerland

Liberal, Democratic and Reformers’ Group (LDR)
Mrs Helena BARGHOLTZ Sweden
Mr M�ty�s E�RSI Hungary
Mr Shavarsh KOCHARYAN Armenia

Group of the Unified European Left (UEL)
Mr Jiri MAŠT�LKA CzechRepublic

EXPERT
Mr Henning GJELLEROD

SECRETARIAT
Mr Vladimir DRONOV, Head of the Interparliamentary Co-operation Unit
Mr Bas KLEIN, Administrator
Ms Alexandra ALLEON, Assistant
Mr Angus MACDONALD, Press Officer

3.         This Committee acted as a part of the International Election Observation Mission (IEOM) which also included the election observation mission of the Parliamentary Assembly of the OSCE, a delegation of the European Parliament and the election observation mission of the Organisation for Cooperation and Security in Europe’s Office for Democratic institutions and Human Rights (OSCE/ODIHR).

4.         The ad hoc Committee met in Tbilisi from 26 to 31 March 2004 and held meetings with representatives of political parties competing in these elections, the Prime Minister of Georgia, the Chairperson of the Central Election Commission, the Head of the observation mission of OSCE/ODIHR and his staff, representatives of domestic and international NGO’s as well as representatives of the mass-media. Immediately after the elections, the ad hoc Committee held meetings with the President of Georgia, the Speaker of the Parliament of Georgia, the Chairperson of the Central electoral Commission as well as representatives of the political parties in order to discuss the preliminary results of these elections. The programme of the ad hoc Committee appears in Appendix 1.

5.         On the day of the election, the ad hoc Committee was divided into 20 teams which observed the vote and vote count in and around Tbilisi as well as in Adjara. The joint press release issued by the International Election Observation Mission after the elections appears in Appendix 2.

6.         In order to draw up an assessment of the electoral campaign as well as the political climate in the run-up to the elections, the Bureau sent a pre-electoral mission to Georgia from 25 to 28 February 2004. The delegation, which was composed of Mr M�ty�s E�RSI (Hungary, LDR) and Mr Evgeni KIRILOV (Bulgaria, SOC) met, inter alia, with the Prime Minister of Georgia, the Chairperson of the Central electoral Commission, the Deputy Minister of the Interior, the OSCE/ODIHR Election Observation Mission, representatives of the main political parties, the Ambassadorial Working Group on Elections in Georgia as well as NGOs and the media. The statement issued by the delegation at the end of their mission appears in appendix 3. The Assembly Secretariat engaged a former member of the assembly, Mr Henning Gjellerod (Denmark), as an expert to assist the authorities with the organisation of these elections. Mr Gjellerod was deployed both in Tbilisi and Batumi from 19 to 29 February and 15 to 31 March.

7.         Your Rapporteur would like to draw attention to the wide coverage in the Georgian mass media of the work of the ad hoc Committee and its pre-election mission. This clearly reflects the interest in, and importance given to, the work of the Council of Europe and its Parliamentary Assembly in relation to these elections.

8.         The ad hoc Committee enjoyed the support of the OSCE/ODIHR election observation mission in Georgia and would like to thank Mr Plamen Nikolov, Special Representative of the Secretary General of the Council of Europe in Georgia, for his assistance.

II.         Political and legal context

9.         The Parliament of Georgia is composed of 235 deputies which are elected through a mixed proportional and majoritarian system. Of the 235 mandates, 85 are allocated on the basis of single mandate constituencies while the other 150 mandates are allocated proportionally on the basis of election lists in a single nation-wide constituency with a 7% threshold.

10.        On 25 November 2003, on the basis of a complaint lodged by the International Society for Fair Elections and Democracy (IFSED), the Supreme Court of Georgia invalidated the results of the proportional part of the flawed parliamentary elections held on 2 November 2003 and ordered a re-run of the proportional contest. However, inexplicably the results of the majoritarian ballots were not challenged and therefore not annulled by the Supreme Court. As a result, 73 members that were elected on the basis of majority voting in November – with second rounds held in January - retained the seats for which they were elected. The 28 March 2004 repeat parliamentary elections therefore only concerned the 150 seats that are contested on the basis of proportional list-based voting as well as two majoritarian contests.

11.        The political landscape changed dramatically after the November elections. After the resignation of President Shevardnadze, extraordinary Presidential elections were called on 4 January 2004. During these elections, which according to international observers demonstrated notable progress over previous ones, Mikhail Saakashvili, one of the leaders of the so-called rose revolution, was elected President with 96.2% of the votes. He subsequently named Zurab Zhvania as his State Minister and then Prime Minister in line with the constitutional amendments. While the parties that led the rose revolution consolidated their power, the former governmental party, the Citizens Union of Georgia, all but disappeared. At the same time, the already fragmented opposition that tried to remain neutral during the rose revolution lost considerable public support as a result of their stance.

12.        The combination of the high 7% threshold and the weak and fragmented opposition created a serious risk that the repeat parliamentary elections might result in an essentially one party parliament. In its Resolution on the Functioning of democratic institutions in Georgia - Resolution 1363 (2004) – adopted at the January 2004 part session, the Assembly therefore, inter alia, called upon the Georgian authorities to lower the threshold before the elections to the European average of 4% to 5%. In the same Resolution the Assembly also called upon the authorities to adopt without delay a series of measures to ensure a balanced composition of the election administration and an increased secrecy of the vote.

13.        On 6 February the Parliament adopted a series of amendments to the Constitution which changed the system of government from a purely presidential model to one closer to a semi-presidential system, while at the same time retaining strong powers for the President. Criticism was raised over the lack of public discussions and information on the amendments since the authorities ignored legal provisions requiring a one-month public debate before the adoption of amendments. The Venice Commission of the Council of Europe’s call for further discussion and the refinement of the proposed constitutional amendments before their adoption was not taken into account. The ad hoc Committee was informed by the authorities that they plan a complete revision of the Constitution in the near future.

14.        The ad hoc Committee deeply regrets that several crucial recommendations made by the Assembly and international community were not implemented before the elections took place. However the ad hoc Committee welcomes statements made during meetings with the President of the Republic, the Prime Minister and the Speaker of the Parliament that the authorities intend to implement those recommendations in the revision of the Constitution and Election Code that are planned before the next elections will take place.

15.        The elections were overshadowed by the situation in the autonomous region of Adjara. The state of emergency imposed by the Adjaran leader Aslan Abashidze on 23 November - which was only lifted for a few days during the January presidential elections - limited the campaign opportunities by parties opposed to him, with frequent violent incidents marking the campaign period in Adjara. The situation further deteriorated when on 14 March President Saakashvili was refused entry into Adjara by the Adjaran authorities. The Georgian Government reacted by imposing sanctions and tensions mounted seriously. Only after intensive mediation by the international community, most notably by the Council of Europe Secretary General Walter Schwimmer, did Saakashvili and Abashidze reach an agreement which temporarily resolved the situation.  As a result, conditions in the autonomous Republic of Adjara were once again not conducive to democratic elections and in comparison with the progress made in the rest of the country they created a double-standard for elections in Georgia.

16.        As in previous elections voting did not take place in Abkhazia and South Ossetia (Java and Tskhinvali districts).

III.        Election Administration

17.        The election administration is a three-tiered structure consisting of a Central Election Commission (CEC), 75 District Election Commissions (DECs) and 2,860 Precinct Election Commissions (PECs).

18.        A continued problem remains the composition of the election commissions which are based on a formula proposed by former US Secretary of State James Baker, which favours the incumbent government. In response to calls from the Parliamentary Assembly and the OSCE/ODIHR for a more politically balanced election administration, President Saakashvili offered two of the five places for his appointees on DECs and PECs to the opposition. While welcoming this offer, the President’s concession and consequent changes to the composition of election commissions came late in the electoral process, should have been regulated by law and should also have been extended to the CEC.

19.        Under the guidance of its Chairperson, Zurab Tchiaberashvili, the CEC made, in distinct contrast to the previous parliamentary elections, strong efforts to ensure a transparent election process and implemented a number of recommendations made by the Parliamentary Assembly and OSCE/ODIHR. Your Rapporteur specially welcomed the introduction of additional curtains in the voting booths which helped to enhance the secrecy of the ballot.

20.        Unfortunately, the failure to maintain a clear separation in the roles and functioning of the election administration on the one hand and party activists, senior local government officials and domestic observers on the other, remained a significant obstacle to the development of a professional, impartial, and independent election administration. The new authorities should make a determined effort to address this shortcoming in advance of future elections.

21.        The organisation of the elections in Adjara proved to be a serious challenge for the CEC with the politically polarised election administration in Adjara and the local authorities unwilling to co-operate. This was exacerbated by the tense pre-election environment and developments in Adjara. Despite several attempts by the CEC to exert its authority over the six DECs in Adjara, the CEC could not fully control the election process in the autonomous region.

22.        The delegation welcomes the work done to ensure the participation of minorities in these elections, especially the availability of ballots and all other election materials in Azeri and Armenian in areas where these minorities dominate.

IV.        Voter Registration

23.        The CEC entered the handwritten voters list compiled for the 2004 extraordinary presidential elections in a computerised database and eliminated many of the errors in the voter’s list. However, shortcomings still remain such as a high number of entries with lacking information and a significant number of persons registered in a polling station different from their official place of residence. The computerised lists were posted at the polling stations for a two-week period before the elections, allowing the public to check their entries and if necessary to (re)register or correct their information in advance of the elections.

24.        The ad hoc Committee welcomes the work done by the CEC on the voter’s list and calls upon all relevant authorities to continue the consolidation and computerisation of voter’s information in order to ensure an accurate voter’s list in advance of future elections.

25.        Again, voters could register to vote on election day itself, which was a de facto return to the supplementary lists which had been heavily criticised by the Council of Europe and the OSCE/ODIHR due to their problematic nature in past elections. Although understandable under the current circumstances, this should not be repeated in future elections.

26.        The state of the voter’s list in Adjara was one of the most contentious issues of these elections with the potential to influence its outcome. Only at the last moment, on the direct instruction of the Chairman of the CEC, did five of the six DECs send the voters list used for the January 2004 Presidential elections to the CEC. Upon entering this information in the computerised database it became clear that the quality of this data was very poor with essential information mostly missing. This left the CEC with no other solution than to start the voter registration in Adjara from zero. This all resulted in a rather tense situation between the CEC and the Adjaran authorities with the later claiming that the CEC had sent 50.000 ballot papers less to Adjara than the number of registered voters in the autonomous region. On the eve of the election both the ad hoc Committee and the Secretary General of the Council of Europe were asked to mediate in this conflict by the Adjaran leader Aslan Abashidze. Upon proposal of the Secretary General of the Council of Europe and with strong support of the ad hoc Committee the 50.000 ballot papers were sent to Adjara under control of a representative of the CEC with the authority to release them if necessary, which diffused the tense situation.

V.         Candidate Registration and the Campaign

27.        In total, 16 parties and blocs participated in these elections which provided the voters with a satisfactory range of choice on election day. One new party entered in these elections: the Freedom Movement headed by Konstantin Gamsakhurdia, son of the first President of independent Georgia, and three parties withdrew just before election day. The dominant position of the National Movement–United Democrats lead to some concerns about a less pluralistic political environment for these elections.

28.        Despite the risk that none of the opposition parties would gather enough support on their own to enter parliament, only two electoral blocs were formed by the opposition, one by the New Rights and Industry will save Georgia and the other by the National Democratic Party and the Traditionalists.

29.        The political campaign for these elections was extremely low key which partly may be explained by the fact that most parties had exhausted their funds during the 2 November elections. International observers noted that on several occasions local government officials were directly involved in campaign activities of different parties.

30.        The ad hoc Committee regrets to report that again the situation in Adjara was vastly different than in the rest of the country during the campaign period. Opposition meetings were mostly forbidden and several violent incidents took place, one notably during the visit of the Secretary General of the Council of Europe to Batumi. Moreover, several journalists, party and NGO activists were assaulted and intimidated. Overall, the pre-election atmosphere in Adjara was not conductive to democratic elections.

VI.        The Media

31.        Georgia enjoys a pluralist media environment and a high degree of freedom of press and freedom of expression, which has been a constant point of praise by the Assembly even in otherwise highly critical reports. Unfortunately, the pre-election mission of the Assembly noted that there was a growing feeling on the part of the media that it must apply self-censorship.

32.        The State television complied with the legal provisions for allocating free airtime although these spots were transmitted well outside prime time. Outside the provision of free airtime the media coverage on State television was dominated by representatives of the government and the ruling parties. This situation was similar in the private electronic media. Only the printed media generally provided a more balanced coverage of the election campaign with a more balanced distribution between the different political forces.

VII.       Election day, vote count and tabulation

33.        In general, voting took place in a calm and peaceful atmosphere and was well organised, which reflected the attention given by the CEC to the training of election officials. However, in a significant number of polling stations campaign materials were prominently on display and in nearly half of the PECs not all members were present at the opening of the polling stations.

34.        Unfortunately international observers noted that again irregularities were particularly noticeable in Marneuli, Gardabani and Tkibuli where observers reported cases of multiple voting and ballot stuffing as well as suspiciously high turn out figures.

35.        In a large number of polling stations voter registration took place during election day. It was noted that the residency requirement was being less rigorously applied than during the presidential elections. Unfortunately, the application and verification of anti-fraud ink was inconsistent, which undermined its effectiveness as an anti-fraud mechanism that is crucial when voters are allowed to register on election day itself.

36.        Despite the tense situation, the vote and the vote count were generally calm and orderly in Adjara with the exception of Kobuleti. Regrettably, the turnout in Adjara may have been negatively affected by repeated statements by public officials, including the President of Georgia and the Chairperson of the CEC, that they expected violent incidents at the polling stations in Adjara during election day.

37.        The ad hoc Committee regrets that the requirement of stamping the ballot papers after the vote was cast had not been abolished as it seriously infringed on the secrecy of the vote. In many poling stations, observers noted that voters were showing their vote openly to PEC members. The requirement to stamp the ballot papers after the vote has been cast should be abolished before the next elections take place in Georgia.

38.        According to the final preliminary results announced by the CEC on 31 March 2004, the elections were overwhelmingly won by the National Movement–Democrats with 67.02% of the vote. Only one other party, the bloc “Rightist Opposition, Industrialist, Novas”, passed the 7% threshold with 7.62% of the vote.  Two other parties received well over 5% of the vote but failed to pass the 7% threshold to enter parliament. These parties were the Democratic Revival Union with 6.02% and the Labour Party of Georgia with 5.81% of the vote. This underlines the concerns of the Assembly regarding the high threshold and the importance of its recommendation to lower it to the European average of 4% to 5%.  In two districts, Khulo and Kobuleti, the results were annulled by the CEC. Repeat elections will be organised in these districts on 18 April 2004.

VIII.      Conclusions and recommendations

39.        The repeat parliamentary elections in Georgia demonstrated considerable progress over previous elections and brought the country closer to meeting internationally accepted democratic standards and commitments it took upon itself when acceding to the Council of Europe. However, political life in Georgia has not yet fully returned to normality after the November events and future elections in a hopefully more pluralist competitive political environment could provide a further test for the consolidation of democracy in Georgia.

40.        The ad hoc Committee regrets that several crucial recommendations made by the Assembly were not implemented by the authorities before these elections. It therefore calls upon the relevant authorities to ensure that before the next elections take place, changes are made to the Constitution and Unified Election Code in order to, inter alia:

41.        The ad hoc Committee would like to ask the Bureau to suggest to the Committee on the Honouring of Obligations and Commitments by Member States of the Council of Europe (Monitoring Committee) to enter into dialogue with the Georgian authorities about the requested changes to the Constitution and Unified Election Code and to ensure that the Venice Commission of the Council of Europe is involved in every step of their implementation. Where necessary, it should remind the authorities about the promises made to the ad hoc Committee regarding these proposed changes.

42.        The ad hoc Committee welcomes the constructive and forward looking role played by the CEC during these elections. Taking into account the importance of the reform of the election administration, the ad hoc Committee calls for continuity in the CEC especially with regard to its chairperson. 

43.        The authorities should continue the computerisation and consolidation of the voter’s list. The ad hoc Committee would like to stress that voter registration on Election Day can not be accepted during future elections.

44.        The President of the OSCE Parliamentary Assembly proposed that the IEOM should consider sending a joint post-election observation mission to Georgia consisting of the Heads of Delegation of the IEOM members, in order to further discuss the recommendations made after these elections. Your Rapporteur would like to ask the Bureau for its authorisation to join this mission if it indeed were to take place.

45.        The situation with regard to Adjara is both regrettable and of great concern. Both the Central Government and authorities in Adjara should avoid confrontation and work for a negotiated solution to the problems in Adjara. The Assembly welcomes the constructive and positive role played by the Council of Europe and its Secretary General in finding a peaceful resolution for the conflict between the central government and Adjaran regional authorities. In this respect it strongly supports the opening of a Council of Europe Mission in Batumi.

46.        The reform of the Parliament and governmental structures in Georgia is of utmost importance for the consolidation of democracy, as well as to enhance public confidence in democratic process. The Council of Europe and its Parliamentary Assembly should be actively involved in these reforms. The ad hoc Committee welcomes the decision by the Bureau of the Assembly to set up a Parliamentary Assistance programme for Georgia in this respect, possibly in the framework of such a programme for the South Caucasus.

47.        Taking into account their importance for resolving the difficult situation in Adjara the ad hoc Committee would like to recommend, exceptionally, to observe the local elections in Georgia that will take place in the autumn of 2004.

Appendix 1

18 March 2004

AD HOC COMMMITTEE FOR THE OBSERVATION OF THE PARLIAMENTARY ELECTIONS IN GEORGIA
DRAFT PROGRAMME

Thursday, 25 March 2004

Arrival of members of the Ad Hoc Committee.

All members will be met at the airport by the protocol service of the Georgian Parliament and provided with transport to:

            Hotel Marriott
            Rustaveli Avenue 13
            Tbilisi 38008
            Tel: + 995 32 779 200
            Fax: + 995 32 779 210

Friday, 26 March 2004

9h30     Ad Hoc Committee Meeting

Briefing Programme organised by the Council of Europe Office in Tbilisi

10.00    7 MP's meeting at the ODIHR office

10h30   Meeting with the Dutch Ambassador to Georgia(Tbilisi Marriott Hotel)

11h00   Briefing by Mr Plamen Nikolov, SRSG in Georgia(Tbilisi Marriott Hotel)

11h45   Briefing by Mr Marc Mullen, Transparency International (Tbilisi Marriott Hotel)

13h00   Lunch

14h30   Meeting with Zurab Tchiaberashvili, Chairman of the CEC

17h00   Meeting with Mr Zurab Zhvania, Prime Minister

17h45   Meeting with Mr Mikheil Saakashvili, President of Georgia (TBC)

19.00    Meeting with the Georgian Delegation to PACE (Parliament of Georgia)

Saturday, 27 March 2004

Joint briefing programme with the delegations from the European Parliament and the OSCE-PA

9h00     Welcome Addresses and Introduction to the 2004 Georgian Parliamentary Elections

            The OSCE Mission to Georgia and the 28 March Elections

          Ambassador Reeve (or Mr. Wesselin) Head, OSCE Mission to Georgia

The Role of the International Community and the Ambassadorial Working Group (AWG)

Lance Clark, UNDP Resident Representative

10h00               OSCE/ODIHR EOM

11h30   Briefing on the situation in Adjara

12h30   Nino Burjanadze, Speaker of Parliament

13h15   Zurab Tchiaberashvili, Chairman of the CEC   

13h45               Lunch Break

Meetings with Representatives of the Main Political Parties

14h30   National Movement-Democrats: Maia Nadiradze (Number 1 on the list)

15h00   Rightist Opposition (New Rights, Industry will Save Georgia): Davit Gamkrelidze or Giorgi Topadze, chairmen of NR and IWSG respectively

15h30   Revival: Hamlet Chipashvili, Union of Democratic Revival MP, Head of Adjaran Representation in Tbilisi

16h00   Labour Party: Shalva Natelashvili, Chairman

16h30   National-Democratic Party – Traditionalists bloc, Akaki Asatiani, Chairman of the Traditionalist Union.

17h00               International NGO Roundtable

17h45   Domestic NGO Roundtable

18h30               Media Roundtable

19h30               Finance and Administrative Issues

Parliamentary Secretariats

19h45   Deployment Plan and Meeting with Drivers and Interpreters

OSCE/ODIHR Long-term Observers (LTOs)

Sunday, 28 March 2004

Observation of the vote and vote count.

Monday, 29 March 2004

9.15      Transfer from Sheraton to Marriott (10 persons)

9:30-11:00         Debriefing meeting (Tbilisi Marriott Hotel, Ballroom)

16h00   Joint Press Conference

Tuesday, 30 March 2004

11:00-14:00 Meeting with Representatives of Political Parties (Tbilisi Marriott Hotel, QueenTamarRoom)

11.00    Meeting with representatives of Nationals and Democrats

11.30        Meeting with representatives of Traditionalists and National-Democrat

12.00    Meeting with representatives of New Rights and Industrialists

12.30        Meeting with representatives of Revival

13.0            Meeting with representatives of Labour party

Post-electoral meeting programme,

Meetings have been requested with representatives of the main political parties, election administration and relevant authorities. A final programme will be provided on the spot

Wednesday 31 March 2004

Departure of the members of the Ad Hoc Committee. Transport from the hotel to the airport will be provided by the protocol service of the Georgian Parliament.

Appendix 2
Press Release

Parliamentary Assembly Communication Unit

Ref: 099a04
Tel: +33 3 90 21 50 26
Fax :+33 3 90 21 41 34
[email protected]
internet: www.coe.int/press

“Georgia after the honeymoon”: statement of the Council of Europe Parliamentary Assembly pre-election delegation to Georgia

Strasbourg, 27.02.2004 – The revolution has ended; the new government is now in place. The new authorities came to power promising firmly to establish pluralist democracy in Georgia. The forthcoming parliamentary elections are a crucial test of Georgia’s progress on the road to democracy and will, in large measure, define the relationship and nature of the dialogue between Georgia and the Council of Europe.

Giving its conclusions at the end of a four-day “pre-election” visit to Georgia (25-28 February 2004), a delegation (*) of the Council of Europe Parliamentary Assembly therefore expressed its great concern that the new authorities have not followed up on crucial recommendations it made after the last elections or that were outlined in the resolution adopted by the Assembly during its plenary session in Strasbourg in January 2004. The delegation strongly believes that if there is the political will, these recommendations can still be implemented by the new authorities, if necessary through an extraordinary session of the current parliament.

The so called “Baker formula” used to compose the Central Election Commission (CEC) and lower-level election commissions has led to over-representation of governing parties in these commissions. Before the November elections, this formula was heavily criticised by the then opposition parties. The Assembly supported their criticism at that time and it believes that what was undemocratic then remains undemocratic now. The Assembly therefore reiterates its position that the authorities should without delay adopt measures that ensure the unbiased composition of the CEC and lower-level election commissions.

Pluralist democracy cannot function without a viable opposition. With the current 7 per cent threshold to enter parliament, combined with a fragmented opposition, there is a real risk that the forthcoming elections will result in a one-party parliament. This would be a serious step back for the development of democracy in Georgia. The delegation can therefore see no reason why the authorities should oppose lowering the threshold from this high 7 per cent to 4 or 5 per cent, which is the average in European democracies. It calls upon the authorities to take this step.

Democratic opposition, however, cannot be legislated for. The pre-election delegation therefore welcomes the decision of several opposition parties to contest these elections and calls on all opposition forces to participate, thereby providing the voters with a genuine choice on election day, based on the real issues that are facing Georgian society.

The voting process is unnecessarily complicated and at times infringes on the principle of secrecy of the vote. The delegation welcomes the efforts already made by the CEC to simplify the election protocols, but regrets that other measures - such as abolishing the use of envelopes, or the requirement to stamp ballot papers after the vote has been cast - were not put into effect.

The delegation is pleased to note progress in other areas relating to the forthcoming elections. Efforts made to create a computerised voters’ register are to be welcomed, and although same-day registration of voters on election day will still be necessary, this is an area of marked improvement over previous elections. The delegation also welcomes the work done to ensure the participation of minorities in these elections, especially the availability of ballots and all other election materials in Azeri and Armenian in areas where these minorities predominate.

The freedom of the press in Georgia has been a constant point of praise by the Assembly, even in otherwise highly critical reports. The delegation is therefore concerned to note that there is a growing feeling on the part of the media that it must apply self-censorship. The Assembly stands by the new authorities in their fight against corruption and it trusts that this will be done in the framework of the rule of law and with respect for human rights, including the freedom of expression and the freedom of the press. The delegation is confident that the new authorities will take all the measures necessary to ensure a political environment that is conducive to the freedom of expression and the freedom of the press, without which democracy cannot flourish.

Clearly, democracy needs to be developed throughout the territory of Georgia. The delegation therefore condemns recent events in Adjaria and calls on the authorities in Batumi to guarantee that free and fair elections, including election campaigning, can be conducted in the autonomous region of Adjaria. The delegation also calls on all parties to abstain from violent confrontation.

The Parliamentary Assembly will send a 30-member delegation to observe the elections on 28 March 2004. The delegation again wishes to stress the Assembly’s willingness to assist the authorities to develop parliamentary democracy in Georgia in any way it can.

______________

(*) The pre-election delegation was composed of M�ty�s E�rsi (Hungary, LDR) and Evgueni Kirilov (Bulgaria, SOC).

Appendix 3

Georgian parliamentary election demonstrates continued progress

Tbilisi, 29 March, 2004 – The 28 March Parliamentary election in Georgia demonstrated commendable progress in relation to previous elections. The Georgian authorities have seized the opportunity in the last few months to bring Georgia’s election process in closer alignment with European standards for democratic elections. However, the continued intimidation and physical abuse against opposition supporters and journalists in Adjara, casts a shadow over the overall progress in the election process, concludes the International Election Observation Mission in a statement of preliminary findings and conclusions. Some 440 international observers monitored the polls.

“The contrast with the November 2003 parliamentary elections is very substantial. I am encouraged by the move towards greater democratization. I look forward on my return to witness the process deepened,” said Bruce George, Special Co-ordinator of the OSCE Chairman-in-Office leading the Short-Term Observation Mission.  

Matyas Eorsi, Head of the Council of Europe Parliamentary Assembly’s Delegation added that the Georgian paradox revealed promising elections with disconcerting effects. “This poll was better organized and more democratic than previous ones. Yet it almost resulted in a one-party parliament, which does reflect the will of the people, but cannot reflect the wide diversity of views indispensable for meaningful debates on Georgia’s future. The government has now received the political support it needed to introduce necessary reforms for the benefit of the whole of Georgia.”

“With the exception of Adjara, the media was able to express itself freely. However, the State TV news focussed overwhelmingly on the authorities and the parties supporting them and failed to provide sufficient airtime for political debate. It is in the government’s interest to conduct a dialogue with the opposition,” said Demetrio Volcic, Head of the Delegation of the European Parliament.

“No effort was made by the authorities of Adjara to create conditions during the campaign for conduct of a democratic election, as sometimes violent intimidation of supporters of the opposition, election officials and journalists demonstrated very clearly,” concluded Michael Wygant, who is heading the Long-Term Observation Mission of the OSCE’s Office for Democratic Institutions and Human Rights (ODIHR). 

Commendable efforts were made to improve the voters lists. Although same day voter registration was allowed this time, it should not be repeated in future elections. The continuing lack of a clear separation between state administration and political party structures, as well as the inability to ensure balanced composition of election commissions at all levels, should be addressed by the authorities.

Election day was calm and peaceful. The election administration operated with overall efficiency. In Adjara, apparently there were less systematic irregularities, although isolated incidents have been reported. Once again, voter irregularities were particularly noticeable in Marneuli, Gardabani and Tkibuli, where observers reported cases of multiple voting and ballot stuffing, as well as suspiciously high turn out figures.

Georgia’s election process will only be fully tested in a more competitive environment, once a genuine level of political pluralism is re-established.

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