Pre-Election Monitoring of October 8, 2016 Parliamentary Elections Second Interim Report July 17 - August 8
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International Society for Fair Elections and Democracy Pre-Election Monitoring of October 8, 2016 Parliamentary Elections Second Interim Report July 17 - August 8 Publishing this report is made possible by the generous support of the American people, through the United States Agency for International Development (USAID) and the National Endowment for Democracy (NED). The views expressed in this report belong solely to ISFED and may not necessarily reflect the views of the USAID, the United States Government and the NED. 1. Introduction The International Society for Fair Elections and Democracy (ISFED) has been monitoring October 8, 2016 elections of the Parliament of Georgia and Ajara Supreme Council since July 1, with support from the United States Agency for International Development (USAID) and the National Endowment for Democracy (NED). The present report covers the period from July 18 to August 8, 2016. 2. Key Findings Compared to the previous reporting period, campaigning by political parties and candidates has become more intense. ISFED long-term observers (LTOs) monitored a total of 114 meetings of electoral subjects with voters throughout Georgia, from July 18 through August 7. As the election campaigning moved into a more active phase, the number of election violations grew considerably. Failure of relevant authorities to take adequate actions in response to these violations may pose a threat to free and fair electoral environment. During the reporting period ISFED found 4 instances of intimidation/harassment based on political affiliation, 2 cases of physical violence, 3 cases of possible vote buying, 4 cases of campaigning by unauthorized persons, 8 cases of misuse of administrative resources, 4 cases of interference with pre- election campaigning, 4 cases of use of hate speech, 7 cases of local self-governments making changes in budgets for social and infrastructure projects; 3 cases of misconduct by election commission members. To summarize key trends: ● Vote buying incidents grew during the pre-election period. Despite a number of legal prohibitions, electoral subjects and their representatives continue to resort to different methods for providing money and gifts to voters. Regrettably, response of relevant authorities to these incidents so far has not been effective or timely, which encourages violations. The government has not been paying proper attention to this form of political corruption and no subjects potentially involved in vote buying have faced legal responsibility. ● Authorities need to probe the 3 instances of intimidation/harassment against opposition party members and activists, which contain signs of criminal activity and misuse of administrative resources, and pose a significant threat to pre-election environment. ● During the pre-election period employees of organizations funded from the public funds were systematically mobilized to attend campaign meetings of the ruling party. This mostly involved meetings of Prime Minister Kvirikashvili with voters to nominate majoritarian candidates of the party. In almost all cases, representatives of local party offices mobilized local public servants and employees of local self-government to attend these meetings; 1 ● Similar to the previous reporting period, some municipalities actively amended their budgets. Although the Election Code prohibits any changes in budgets only after August 9, changes made before that allow launching of social and infrastructure projects during the campaigning period. Although not a violation of the Election Code, such practice poses a risk of using public financial resources to advance electoral goals. During the reporting period ISFED found that budget changes were made and new social or infrastructural projects were launched on 7 different occasions. 3. Recommendations Political parties, electoral subjects and their representatives should: ● refrain from such forms of campaigning that contain signs of vote buying and aim at negatively influencing the free will of voters; prevent their candidates, party representatives or legal entities associated with the party from transferring, promising or incentivizing voters with money, gifts and services; refrain from offering to sign individual contracts with voters about their election promises; ● individuals nominated as MP candidates who remain in their public office should refrain from participating in events funded from the state budget; ● during pre-election meetings and campaigning refrain from using forms of expression directed against any particular individual or a group of individuals, based on their social status or ethnicity, race, gender, age, ethnic background, nationality, religion, sexual orientation, gender identity, disability, language, ideology, social class or occupation. Individuals unauthorized to participate in campaigning as defined by the Election Code should: ● abide by applicable requirements of the Election Code and refrain from participating in pre-election campaigning. The Central Election Commission should: ● ensure fulfillment of requirements of electoral legislation and take adequate and timely measures of liability against violations; Local self-governments (LSG) should: ● ensure smooth and indiscriminate access of political parties to buildings that have been designated as potential venues for pre-election events; ● prevent participation of their employees in election campaigning during working hours; ● maintain political neutrality and prevent use of municipal financial or human resources to advance interests of a political party; ● inform LSG employees about their rights and responsibilities during the pre-election period. The Inter-Agency Commission for Free and Fair Elections and law enforcement authorities should: ● examine all incidents summarized in this report and take adequate further actions. 2 4. Instances of Political Harassment/Intimidation ● Vani A political party, Paata Burchuladze – State for the People reported that their supporter and an employee of Vani Municipality Soso Chitorelidze was verbally and physically assaulted in the office of Georgian Dream. According to the party, Vani Municipality Gamgebeli Zaza Khurtsidze, his deputy Lasha Giorgadze, Sakrebulo Chair Aleksandre Liluashvili and Georgian Dream majoritarian candidate in the district of Vani and Khoni - Grigol Liluashvili were present in the office at the time. As Head of Paata Burchuladze – State for the People’s office in Vani, Koba Dzagnidze reported to ISFED observer, Soso Chitorelidze was summoned to the Georgian Dream’s office in connection to the natural disaster that had occurred in Vani; instead, they began harassing him because of his son Beso Chitorelidze, who serves as a representative of Paata Burchuladze – State for the People in Vani Municipality District Electoral Commission (DEC). In an interview with ISFED observer, Deputy Gamgebeli of Vani Municipality Lasha Giorgadze rejected the allegation. According to him, on Saturday, July 23 Georgian Dream office indeed hosted a meeting of majoritarian candidate Grigol Liluashvili with Vani Municipality employees who are also supporters of the political union, Georgian Dream. He confirmed that Soso Chotorelidze attended the meeting but maintained that no one assaulted him verbally or physically. ● Kharagauli On July 27, 2016, members of Sakrebulo debated a motion to impeach Chair of Kharagauli Municipality Sakrebulo Inga Maghradze. The motion had been filed by Varlam Tavrazashvili, Chair of the faction Georgian Dream – Democratic Georgia and seconded by 20 other members of Sakrebulo. Inga Maghradze believes that the motion of impeachment was brought against her because she is a member of the Republican Party. According to her, the motion has to do with the upcoming parliamentary elections. Member of Sakrebulo Varlam Chipashvili believes that the motion is the result of a disagreement between members of Sakrebulo on a number of issues. According to him, the disagreement is largely due to the difference in party affiliation – some members belong to the Georgian Dream while others are from the Republican Party. During the meeting of July 27, Sakrebulo members could not secure enough votes for impeachment. 3 ● Gldani Supporter of the United National Movement, Tamar Bedianashvili reported that employee of Gldani Gamgeoba - lead specialist Ilia Mirotadze - threatened her and other residents of Giorgitsminda Village to revoke their status of the socially vulnerable and take away social benefits granted by the local self-government unless they support the Georgian Dream – Democratic Georgia in the upcoming elections. On August 5, some residents of Giorgitsminda Village staged a rally outside Gldani Gamgeoba to protest the harassment. According to Tamar Bedianashvili, having learned that she was a supporter and an activist of the United National Movement, Ilia Mirotadze insulted her and threatened to discontinue her social benefits. She also stated that Ilia Mirotadze is harassing residents of Giorgitsminda in their homes and threatening to take away all their benefits, including free fuel and free dinners, unless they support the Georgian Dream. On several occasions he refused to let local eligible children to participate in summer camps for the socially vulnerable, sponsored by the Gamgeoba. According to another resident of Giorgitsminda, Khatuna Ksovreli, Ilia Mirotadze threatened to revoke her status of as a mother of several children and to remove her from the program of free dinners. He said that he would