International Society for Fair Elections and Democracy I S F E D Monitoring of Post-Election Processes – Staff Changes, Protest Rallies, Legal Proceedings in Local Self-Government Authorities Second Report February 12, 2013 Tbilisi Publishing this report was made possible through the Embassy of Kingdom of the Netherlands to Georgia as well as the United States 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 Contents I. Summary of the Situation II. Monitoring Methodology III. Key Findings of the Monitoring IV. Legal Base V. Detailed Account of the Monitoring 1. The Process of Changing Sakrebulo Chairpersons and Gamgebelis 1.1. Sakrebulo Chairpersons and Gamgebelis Resigning at Their Own Will 1.2. Sakrebulo Chairpersons and Gamgebelis Resigning Amid Protest Rallies 2. Rallies 2.1. Protest Rallies Staged in Municipalities with the Demand for Resignation of Municipal officials 2.2. Physical Clashes and Acts of Violence during Protest Rallies 3. Staff Changes in Self-Governments 4. Developments in Tbilisi Self-Government 5. Governors 6. Instances of Legal Proceedings VI. Conclusion I. Summary of the Situation Although victory of the Georgian Dream coalition in the October 1, 2012 Parliamentary Elections should not have affected distribution of power in local self-governments, the process of replacing municipality officials ensued immediately after the elections were over. Former officials (Gamgebelis, Mayors, Sakrebulo Chairpersons) affiliated with the United National Movement were massively replaced by candidates of 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. Regrettably, rallies often turned illegal by expression of physical violence, invasion of buildings, disruption of meetings and blocking offices of Gamgeoba. During the second reporting period, following mass replacement of municipal officials the focus was shifted to the lower levels. Newly appointed officials started the process of changes in Gamgeoba and Sakrebulo staff. Most of the dismissed employees state that they willingly submitted letters of resignation; however, there were also a number of cases where officials demanded employees write letters of resignation. The dismissals massively affected village trustees and specialists. Notably, in addition to local self-government agencies, changes in staff were also evident in police departments of all districts, as well as kindergartens and offices of Governors. The oppositional United National Movement party was actively trying to thwart these changes in self- governments by having MPs and Governors personally interfere. They accused the authorities of encouraging these processes and exerting illegal pressure on their representatives.1 The parliamentary majority also expressed their position over the developments in self-government authorities. The Prime Minister voiced accusations against the UNM, declaring that the process of changing Sakrebulo officials, accompanied by disturbances, was mostly controlled by the UNM.2 During the January 10 press-conference Vice Speaker of the Parliament Manana Kobakhidze stated that Gamgebelis have no right to mass dismissals of employees. According to her, appointments and dismissals based on political motive are unacceptable.3 International organizations have reacted with criticism to the developments. NATO Parliamentary Assembly in its Resolution on the Future of Democracy in the Eastern Neighborhood voiced a concern over acts of pressure against local self-government institutions in Georgia.4 On January 28, 2013, the Council of Europe Parliamentary Assembly (PACE) published information note on Honouring of obligations and commitments by Georgia.5 Two paragraphs in this document focus on the developments in local self-government agencies, saying that following the elections there were several reports of pressure being exerted on UNM elected local officials to either switch sides or to resign, some of which were the result of coercion, which is unacceptable in a democratic society. The co-rapporteurs also emphasize that even if the ruling majority did not centrally organize or sanction these activities, it did not do all it could resolutely to stop such lamentable practices. They urge the ruling majority to make unambiguous public statements to their supporters that any undue pressure on local officials belonging to the opposition will not be tolerated. 1 Statements of the president and the parliamentary minority are available at http://presa.ge/new/index.php?m=politics&AID=20011; http://www.iveroni.com.ge/politika/20521-qarthul-ocnebas-regionul-thvithmmarthvelobebze-zetsolashi-adanashauleben.html?lang=ka-GE 2 PM’s statement is available at http://www.myvideo.ge/?act=dvr&chan=rustavi2&seekTime=02-02-2013%2018:11 3 Statement of the Vice Speaker is available at http://primetimenews.ge/?page=3&news_id=16766 4 NATO Parliamentary Assembly RESOLUTION 394 on THE FUTURE OF DEMOCRACY IN THE EASTERN NEIGHBOURHOOD 12 November 2012, Prague, Czech Republic 5 Available at http://www.assembly.coe.int/CommitteeDocs/2013/amondoc04rev_2013.pdf ISFED monitored post-election developments in all municipalities. Acts of illegal pressure against self- governments was condemned a number of times by ISFED6, calling the malpractice be put to an end and alleged violations be investigated and prosecuted. ISFED’s first report of monitoring the developments in self-governments was published by on December 21, 2012.7 II. Monitoring Methodology ISFED is monitoring the post-election developments in local self-governments in all 69 municipalities. It mostly draws on its own regional and district coordinators dislocated throughout every municipality as sources of information. Additionally, ISFED also draws on media reports of ongoing developments, verified by its own representatives at the local level. We have mostly used reports released by the following media outlets: InterPressNews, Mtskheta-Mtianeti Information Center, Info 9, Kakheti Information Center, SMO.ge information portal, Shida Kartli Information Center, Kvemo Kartli Information portal, presa.ge, Guria News, tspress.ge internet publication, Front News Agency, Iveroni News Agency. This report offers a thematic overview the developments in municipalities. III. Key Findings of the Monitoring Following the October 1, 2012 elections to present, total of 46 Gamgebelis have resigned, including 44 at their own free will and two at the will of Sakrebulo. During the very same period, 24 Chairpersons of Sakrebulo resigned, including 20 at their own will and four based on the decision of Sakrebulo. By December 21, 2012 (when the first monitoring report was published) total of 31 Gamgebelis and 16 Chairpersons of Sakrebulo had resigned, showing that the process of replacement of Gamgebelis and Sakrebulo Chairpersons continued intensely throughout Georgia. During the second reporting period, similar to the previous one, resignations of officials were generally preceded by protest rallies staged by the local population and activists of the Georgian Dream, demanding appointments of candidates that they favored. Such rallies were staged in 28 municipalities starting from October 1 to present, including 24 rallies where protest turned illegal by expression of physical violence, invasion of buildings, disruption of meetings and blocking buildings. As noted earlier, most Gamgebelis and Sakrebulo Chairpersons that resigned submitted letters of resignation for personal reasons. As to their replacements, some were selected following a competition while some were appointed temporarily before announcement of a competition. Mostly, the newly appointed officials are local members or supporters of the Georgian Dream. In some cases, majoritarian MPs openly interfered in changes in municipal staff. Number of cases of Sakrebulo members leaving the United National Movement faction increased. The former ruling party lost majority in a number of Sakrebulos, automatically resulting in replacement of Chairperson and Gamgebeli. Notably, in frequent cases in Sakrebulos where the UNM had majority, Sakrebulo elected a candidate of the Georgian Dream to the office of Gamgebeli. After replacement of Gamgebelis in 21 municipalities 8 , massive staff changes ensued. Structural reorganization and expiration of contracts or excessive number of employees were frequently cited as 6 ISFED’s statements are available at http://isfed.ge/pdf/2012-11-16.pdf; http://isfed.ge/pdf/2012-11-28.pdf 7 ISFED’s report is available at http://isfed.ge/pdf/2012-12-21%28rep%29.pdf 8 In municipalities of Telavi, Akhmeta, Dedoplistskaro, Sachkhere, Kaspi, Kareli and Zestaponi reasons. Notably, staff changes mostly affected offices of Gamgeoba-Sakrebulo. All representatives of territorial units were replaced in Kaspi, Dedoplistskaro, Sachkhere, Akhmeta, Mtskheta, Tianeti, Khobi, Khashuri, etc. Staff changes also reported in Adjara A/R. Staff changes were often preceded by holding a meeting in Gamgeoba or summoning of Trustees by Gamgebeli. Notably, most employees dismissed