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International Society for Fair Elections and Democracy I S F E D Monitoring of the Developments in Local Self-Government Agencies following the October 1, 2012 Parliamentary Elections First Report December 21, 2012 Tbilisi Publishing the report was made possible through the Embassy of Kingdom of the Netherlands to Georgia as well as the US Agency for International Development (USAID) and with the financial support of the National Democratic Institute (NDI). The views expressed in the report belong solely to the International Society for Fair Elections and Democracy and do not necessarily reflect the views of the Embassy of Kingdom of the Netherlands to Georgia, NDI, USAID or United States Government 1 Background After the coalition Georgian Dream won the October 1, 2012 parliamentary elections in Georgia, former opposition force gained parliamentary majority. The Prime Minister and the members of the Government were nominated by the new ruling power. Although changes in the central authorities should not have affected local self-governments, the process of replacing municipal officials (Gamgebelis1, Mayors, and Sakrebulo Chairpersons) ensued in various municipalities throughout the country right after the elections. Former officials who represented the United National Movement (UNM) were massively replaced by representatives of the Georgian Dream. In individual cases new municipal officials demanded resignation of staff of self-governments and heads of territorial agencies. ISFED also observed a case of a politically motivated dismissal following the elections in Tbilisi City Hall (for sympathizing with the Georgian Dream). Changes in the local self-governments mostly occurred in the midst of protest rallies. In particular, local population and mostly local supporters and activists of the Georgian Dream, started staging protest rallies demanding resignation of municipal officials. Decisions of Sakrebulos to appoint representatives of the UNM to vacant positions of Gamgebeli were frequently followed by protest rallies. Participants generally demanded replacement of acting or newly appointed Gamgebelis and Sakrebulo Chairpersons with local activists and supporters of the Georgian Dream. Frequently protesters resorted to radical measures – going on a hunger strike. Regrettably, rallies often turned illegal by expression of physical violence, invasion of buildings, disruption of meetings and blocking offices of Gamgeoba. Sometimes the authorities failed to take timely and effective measures in response. ISFED was monitoring the developments following the parliamentary elections in all municipalities. It condemned a number of times the acts of illegal pressure against self-governments2, calling for investigation and prosecution of these facts. Monitoring Methodology ISFED is carrying out the monitoring of local self-governments in all 69 municipalities. It mostly draws on its own regional and district coordinators dislocated throughout all municipalities as sources of information. ISFED also draws on media reports about ongoing developments, verified by its own representatives at the local level. This report offers a description of the developments in municipalities arranged in a chronological order. 1 Head of the executive branch of local selg-governmant; 2 http://isfed.ge/pdf/2012-11-16.pdf http://isfed.ge/pdf/2012-11-28.pdf 2 Key Findings of the Monitoring Following the October 1, 2012 elections to present,3 total of 31 Gamgebelis have resigned, including 29 at their own free will and two at the will of Sakrebulo. During the very same period, 16 chairpersons of Sakrebulo resigned, including 14 at their own will and two at the will of Sakrebulo. In most of the cases Gamgebelis and Sakrebulo chairpersons resigned at their own free will, often citing health problems and family commitments in their letters of resignation as the reason. In a number of cases former officials openly clarified that their decision to resign was motivated by recent changes in the central authorities. They also stated that the decision served the purpose of preventing escalation of the situation, as frequently their voluntary resignations were preceded by protest rallies staged by the Georgian Dream supporters. Only in individual cases are former municipal officials willing to openly and publicly discuss the pressure they had been subjected to. 4 In certain cases Gamgebelis resigned based on Sakrebulo’s decisions. Even though the UNM holds majority in most Sakrebulos, new Gamgebelis and Sakrebulo Chairpersons elected by them are local representatives and supporters of the Georgian Dream, which raises legitimate questions about whether these decisions have been made under pressure. Frequently these changes have been caused by the fact that following the parliamentary elections representatives of former ruling party left majority factions in Sakrebulos to establish new factions that frequently became supporters of the Georgian Dream. It was due to these changes that the UNM no longer has a majority holding in Sakrebulos of Sachkhere, Dmanisi, Akhaltsikhe. Notably, Gamgebelis were appointed in an expedited manner, which often engendered staging of protest rallies. Protest rallies targeting local self-governments mostly voiced demands for resignation of Gamgebelis and Sakrebulo Chairpersons. Participants included activists and supporters of the Georgian Dream in addition to the local population. Similar rallies were staged in 16 municipalities, including 115 rallies where protest turned illegal by expression of physical violence, invasion of buildings, disruption of meetings and blocking buildings. After resignation of Gamgebelis, employees of Gamgeoba in 7 municipalities 6 were forced to submit letters of resignation; however, most of them continue to work as usual. Structural reorganization and excessive number of employees were frequently cited as reasons. Notably, new Gamgebelis were mostly replaced by their deputies and heads of departments. All representatives of territorial agencies in Kaspi, Dedoplistskaro and Sachkhere were replaced. Further, following the elections criminal proceedings were instituted against 2 Gamgebelis7 and 2 Sakrebulo Chairpersons8. 3 December 21, 2012; 4 These officials include Poti Sakrebulo Chairperson, Tsalka Gamgebeli, Dmanisi Sakrebulo Chairperson; 5In particular, such incidents have been reported in the following municipalities and self-governing cities: Marneuli, Samtredia, Tetritskaro, Tsalka, Martvili, Gurjaani, Kobuleti, Batumi, Poti; 6 These facts have been reported in Telavi, Akhmeta, Dedoplitskaro, Sachkhere, Kaspi, Kareli and Zestaponi Municipalities; 7 Gamgebelis of Zestaponi and Kharagauli; 3 Legal Base Under Article 2 of the Constitution of Georgia, citizens of Georgia regulate issues of local importance by means of local self-governments. 9 Under the Organic Law of Georgia on Local Self Government, Sakrebulo is a representative body of a self-government unit, whereas realization of decisions of Sakrebulo is ensured by Gamgeoba (and City Hall in the following five self-governing cities of Rustavi, Poti, Tbilisi, Batumi, Kutaisi). 10 Chairperson of Sakrebulo is head of a self-governing unit and Sakrebulo. Chairperson of Sakrebulo and his/her deputy (in cases of self-governing cities – two deputies) as well as chairpersons of commissions and factions are elected by Sakrebulo from its members for the Sakrebulo term of office. Any member of Sakrebulo is entitled to nominate a candidate for the position of Sakrebulo Chairperson. Sakrebulo may remove the Chairman. No less than 1/3 of the total number of the Sakrebulo members may raise the issue of the removal of the Chairman in written. The Chairman will be considered removed if more than half of the Sakrebulo listed members vote for his/her removal. Gamgeoba (City Hall) enforces decisions of Sakrebulo. Gamgebeli (Mayor) manages the work of of Gamgeoba (City Hall). Gamgebeli (Mayor) is a public servant of a local self-government.11 Gamgebeli of Municipality and a City Mayor (except Tbilisi Mayor) 12 are appointed by the Chairperson and approved by Sakrebulo. Sakrebulo approves appointee by supporting him/her with more than half the votes of Sakrebulo listed members. Sakrebulo Chairperson has the right to dismiss Gamgebeli (Mayor), with Sakrebulo’s approval if his/her work was deemed as inadequate by Sakrebulo or when conditions envisaged by Chapter 10 of the Law on Public Service are evident. Head of a territorial unit – a representative or head of a structural unit - are appointed and dismissed by Gamgebeli (Mayor). They have to go through a competition for appointment. 8 Chairpersons of Khoni and Vani Sakrebulos; 9 Citizens of Georgia registered in a self-government unit regulate issues of local importance through local self- government, without curtailing the state sovereignty and as prescribed by the Georgian legislation. State authorities promote the development of local self-government; 10 Article 19 of the Law of Georgia on Local Self-Government; 11A citizen of Georgia who has already attained 18 years of age, has higher education and is fluent in the state language may serve as a municipal public officer; 12Tbilisi Mayor is elected directly by citizens of Georgia registered in Tbilisi; 4 Detailed findings of monitoring of the developments in municipalities following the elections Marneuli – on October 5, 2012, activists of the Georgian Dream invaded the building of Marneuli Gamgeoba and demanded the municipality employees vacate their offices. They abused

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