The OSCE and its Office for Democratic Institutions and Human Rights (ODIHR) have published their final report on the observation of Georgia's parliamentary elections held on 26 October. OSCE/ODIHR reiterates its concerns about voter suppression and the independence of state institutions, urging concrete action to address these issues.
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The report states that the elections were held amid serious concerns about the impact of recent legislation on fundamental freedoms and civil society, the limitations on the independence of institutions involved in the electoral process, and voter intimidation. Together with practices on election day, these factors jeopardized the ability of some voters to cast their ballots without fear of reprisals.
“Numerous issues noted in our final report negatively impacted the integrity of these elections and eroded public trust in the process to safeguard the democratic principles currently at stake in Georgia, it is imperative that the authorities urgently address all concerns,” said Eoghan Murphy, who led the OSCE/ODIHR Election Observation Mission to Georgia.
The report highlights that recent frequent legislative changes represent a step backward, raising concerns about their potential use for political purposes, and it renews ODIHR’s long-standing recommendation for a comprehensive legislative review.
The report also underscores the negative impact of a polarized and instrumentalized media and limited control over campaign financing but notes that participants were generally able to campaign freely. OSCE/ODIHR points out that the many advantages enjoyed by the ruling party, Georgian Dream, in addition to a significant imbalance in financial resources, contributed to the inequality of field positions.
As per the summary, preparations for the elections were generally positive. However, frequent violations related to the secrecy of the vote on election day, several procedural irregularities, and reports of pressure and intimidation (including through recording of the process) negatively affected public confidence in the process.
“In 6 per cent of the 1924 observations, which is a significant number, the process was assessed negatively, mainly due to indications of voter pressure and intimidation, sometimes accompanied by tension, unrest and overcrowding. While not against the law, party representatives, mostly from GD, video-recorded the voting process at most polling stations,” the report reads.
The OSCE/ODIHR notes that the video recordings had an intimidating effect, as the cameras were often directed at voter identification devices or polling stations, potentially violating the secrecy of the vote.
“In numerous cases, 24 per cent of observations, vote secrecy was potentially compromised due to the manner of ballot insertion into ballot boxes, inadequate polling station layouts, and marks visible on the back of ballots. Additionally, ruling party representatives frequently video-recorded the voting process, which may have had an intimidating effect on voters,” the report states.
The OSCE/ODIHR emphasizes that the authorities must take all necessary measures to ensure the secrecy of the vote.
The report also highlights that complaints, both before and after election day, were often not fully addressed and were rejected on technical grounds, undermining the right to a fair hearing. Therefore, ODIHR recommends measures to ensure effective judicial protection and increase public confidence.
Furthermore, ODIHR assessed the post-election developments, stating that mass protests were repeatedly and violently dispersed, and there were numerous cases of arrests and allegations of ill-treatment of protesters and journalists, in violation of international obligations guaranteeing the right to freedom of assembly, as well as the right to protection from torture and other forms of ill-treatment.
ODIHR notes that its mandate is not to recognize or endorse the elections, but “the ODIHR EOM assessed the compliance of the electoral process with OSCE commitments, other international obligations and standards for democratic elections, and national legislation.” This, the OSCE stated, allows voters to form their own judgments about the quality of the elections.
The report concludes that changes are needed in both law and practice to address low public trust and increase the transparency of the electoral process.