Political Parties
|
Total Score: 48/100 |
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|
Dimension |
Indicator |
Law |
Practice |
|
Capacity 69/100 |
100 |
25 |
|
|
100 |
50 |
||
|
Governance 50/100 |
75 |
50 |
|
|
50 |
50 |
||
|
50 |
25 |
||
|
Role 25/100 |
-- |
25 |
|
|
-- |
25 |
||
Summary
Georgian legislation provides for a free establishment and operation of political parties and contains safeguards against state interference with the activities of political groups. This assessment finds, however, that, in practice, an extremely uneven distribution of resources between the ruling party and the opposition undermines effective political competition. While parties normally operate without government pressure, there have been cases of intimidation and violence against opposition activists which have not been addressed properly by the law enforcers. Political parties also lack effective procedures for internal democratic governance and their ability to aggregate and represent social interests is very limited.
The table below presents the indicator scores which summarize the assessment of political parties in terms of their capacity, their internal governance and their role within the Georgian integrity system. The remainder of this section presents a qualitative assessment for each indicator.
Structure and Organisation
There are some 190 registered political parties in Georgia, although only about a dozen of these have been more or less actively involved in the country's political life in recent years. A number of Georgia's leading opposition parties are currently not represented in parliament as they gave up theirseats in the legislature in protest against alleged irregularities during the May 2008 elections, and currently only one opposition party, the Christian Democrats, holds a more or less significant number of Parliamentary seats (several small parties hold one parliamentary seat each). A dominant ruling party and a fragmented opposition that has been unable to come together have been continuous features of Georgia's political system since the 1990's.
Assessment
Resources (Law)
Score: 100
To what extent does the legal framework provide a conducive environment for the formation and operation of political parties?
Resources (Practice)
Score: 25
To what extent do the financial resources available to political parties allow for effective political competition?
Although Georgian political parties may legally obtain funding from a variety of sources, financial resources are unevenly distributed between the ruling party and opposition groups, primarily because of the difficulties that the opposition faces in terms of access to private donations. This has undermined effective political competition.
|
Party |
Total income (GEL million) |
State funding |
Non-Electoral donations |
Electoral donations |
share of state funding in total income |
|
National Movement |
27.4 |
1.8 |
12.4 |
13.09 |
6.56 % |
|
Labour Party |
0.656 |
0.352 |
0.0007 |
0.283 |
53 % |
|
Conservative Party |
0.286 |
0.284 |
0.0016 |
n/a |
99.3% |
|
Republican Party |
0.872 |
0.284 |
0.0006 |
0.583 |
32.5 % |
Businesses are likely discouraged from donating to opposition political parties because opposition parties do not carry influence in parliament or any other elected government bodies. Thus the ability of opposition parties to raise funds is also directly linked with imbalances in the electoral system, which heavily favors the ruling party. In particular, Georgia's lax regulations concerning the use of administrative resources during elections blur the lines between the state and the ruling party, giving the latter considerable advantage over all other contestants. The existing rules for the allocation of seats in parliament also heavily favour the ruling party, which won 59% of the vote in 2008 but received around 80 percentof seats in the legislature (a constitutional majority requires two thirds of the vote). Opposition parties thus have a rather small chance of obtaining a significant number of seats in the legislature, eliminating any incentive from businesses to invest in their campaigns.
Independence (Law)
Score: 100
To what extent are there legal safeguards to prevent unwarranted external interference in the activities of political parties?
The political parties law contains safeguards against arbitrary dissolution of parties by the government. According to Article 36, a political party can only be banned or dissolved through a Constitutional Court ruling and the Court can only ban a party that violates one of the restrictions on party ideology or activities listed in Article 26 of the Constitution, or if it forms an armed group.
Independence (Practice)
Score: 50
To what extent are political parties free from unwarranted external interference in their activities in practice?
Political parties generally appear to be protected from direct state interference in their activities and there have been no cases of the state dissolving or prohibiting the activities of political parties in recent years. However, there have been allegations of party activists being subjected to intimidation and harassment by the authorities.
Transparency (Law)
Score: 75
To what extent are there regulations in place that require parties to make their financial information publicly available?
Transparency (Practice)
Score: 50
To what extent do political parties make their financial information publicly available?
Political parties do meet most of the legal obligations regarding the transparency of their finances. They publish annual finance and audit reports in the press and also submit copies of these documents to the Central Electoral Commission and tax authorities. Thus individuals interested in information about party finances can obtain it in two ways: directly from the press in which it was published or by submitting a Freedom of Information request to the Central Electoral Commission, which has a legal duty to provide citizens with information about donations received by political parties.
It is not common for Georgian political parties to post finance reports or information about donations on their own websites. While the law does not require them to do so, it would be a demonstration of their commitment to the principle of transparency and would also facilitate interested citizens in tracking the relevant data. The CEC website carries copies of the campaign finance reports submitted by parties after the 2008 parliamentary elections but not the annual finance reports, meaning that the latter type of information is not readily accessible to citizens and it is necessary to send a FOI request in order to obtain it.
Accountability (Law)
Score: 50
To what extent are there provisions governing financial oversight of political parties?
The political parties law contains a number of provisions designed to uphold the accountability of political party finances. However, there are no proper legal mechanisms for the verification of information submitted by parties.
Accountability (Practice)
Score: 50
To what extent is there effective financial oversight of political parties in practice?
The current system, whereby financial oversight of political parties is exercised primarily by the CEC, is partially effective but its operation is undermined by the weakness of the audit and verification mechanisms.
Georgia's main political parties do publish annual finance and audit reports in the press and send copies of these documents to the CEC as required by law. They also submit campaign finance reports to the CEC during elections. Yet there is no functioning mechanism to ensure accuracy and credibility of the submitted reports.
Integrity (Law)
Score: 50
To what extent are there regulations on the democratic governance of political parties?
The existing regulations governing the democratic governance of political parties are limited in scope. Under Article 17 of the political parties law, all parties are required to hold a general convention of their members at least once every four years. Depending on the party's charter, either all party members or a minimum of 200 representatives elected by party members must attend the convention. It is the convention's prerogative to elect party leadership, as well as the party's executive and supervisory bodies.
However, neither the political parties law nor the Electoral Code includes any regulations regarding the selection of candidates by political parties. Article 96 of the Electoral Code says that the parties and blocs taking part in the parliamentary elections are to establish their own rules for drawing up the list of candidates for the nationwide proportional vote. Selection of candidates through a process of democratic participation is thus not guaranteed by the law.
Integrity (Practice)
Score: 25
To what extent is there effective internal democratic governance of political parties in practice?
One notable result of this lack of internal democracy is the fact that leadership change is rare in Georgian political parties, even after major electoral defeats.
Role: Interest Aggregation and Representation (Practice)
Score: 25
To what extent do political parties aggregate and represent relevant social interests in the political sphere?
Role: Anti-Corruption Commitment (Practice)
Score: 25
To what extent do political parties give due attention to public accountability and the fight against corruption?
The fight against corruption did not feature prominently in the campaigns of Georgia's leading political parties during the last parliamentary elections.
Footnotes
1The Constitution of Georgia, adopted on 24 August 1995, Article 26.
2Adopted on 31 October 1997
3The Law on Political Unions of Citizens,adopted on 31 October 1997, Article 12.
4Id., Article 22.
5Id., Article 23.
6The Constitution of Georgia, Article 26.
7The Law on Political Unions of Citizens, Article 5.
8Id.., Article 6.
9Freedom House, Nations in Transit 2009 (Freedom House, 2009), 225.
10The base sum is 150,000 GEL(USD 90,000)a year (300,000 GEL (USD 180,000) for the parties that receive over 8 percent of the vote in the parliamentary elections or 6 percent of the nationwide vote in the local elections.
11The Law on Political Unions of Citizens, Article 29(1).
12Id., Article 26.
13The Electoral Code of Georgia, adopted on 2 August 2001, Article 73(1).
14OSCE/ODIHR Georgia: Parliamentary Elections 21 May 2008, OSCE/ODIHR Election Observation Mission Final Report, (Warsaw: OSCE/ODIHR, 2008), 14.
15Transparency International Georgia, Georgia's Electoral System: Recurrent Challenges, Transparency International Georgia, 2009, 10.
16OSCE/ODIHRGeorgia: Parliamentary Elections 21 May 2008, OSCE/ODIHR Election Observation Mission Final Report, 1.
17Id.,.p 16.
18The political parties listed above kindly provided their annual finance reports on TI Georgia's request.
19The Law on Political Unions of Citizens, Article 7.
20OSCE/ODIHRGeorgia: Parliamentary Elections 21 May 2008,OSCE/ODIHR Election Observation Mission Final Report, 11-12.
21Id, p 13.
22Civil Georgia, "Opposition Says May Resort to 'Self-Defence'," 17 April 2009, http://civil.ge/eng/article.php?id=20749&search=(accessed on 24 November 2009).
23Interview of a Tbilisi-based expert with the author, Tbilisi, 4 November 2009.
24Nina Khatiskatsi and Caitlin Ryan,Questions Remain After Incidents Involving Opposition Activists,15 October 2010http://www.transparency.ge/en/blog/pmestia-questions-remain-after-incidents-involving-opposition-activistsp; (accessed on 24 March 2010).
25Civil Georgia,"Opposition Says May Resort to 'Self-Defence'".
26The Law on Political Unions of Citizens, Article 3.
27Id., Article 26.
28Id.., Article 32.
29The Electoral Code, Article 48.
30The Law on Political Unions of Citizens, Article 33.
31Id., Article 34.
32Id., Article 30.
33The Electoral Code, Articles 46-48.
34European Commission for Democracy Through Law,Joint Opinion on the Election Code of Georgia, as revised up to July 2008, adopted by the Council for Democratic Elections at its 26th meeting (Venice, 18 October 2008), 21.
35OECD Anti-Corruption Network for Eastern Europe and Central Asia, Istanbul Anti-Corruption Action Plan, Second Round of Monitoring, Georgia Monitoring Report, Paris: OECD ACN, 2010), 42.
36Interview of CEC Chairman Levan Tarkhnishvili with the author, Tbilisi, 3 November 2009.
37Maia Tsiklauri, Tamar Paradashvili, "National Levy",Liberali,26 February 2011,http://www.liberali.ge/natsionaluri-kharki(accessed on 25 March 2011) (in Georgian).
38OSCE/ODIHR Georgia: Parliamentary Elections 21 May 2008, OSCE/ODIHR Election Observation Mission Final Report, 14, 30.
39The Law on Political Unions of Citizens, Article 17.
40Transparency International Georgia, Political Parties in Georgia: Issues of Party Financing , Transparency International Georgia, 2007, 1.
41Ghia Nodia and Alvaro Pinto Scholtbach, The Political Landscape of Georgia, (Delft, the Netherlands: Eburon Academic Publishers, 2006), 153-165 (in Georgian).
42Interview of Ghia Nodia, head of the Caucasus Institute for Peace, Democracy and Development, with the author, Tbilisi, 30 October 2009.
43Nodia and Scholtbach, The Political Landscape of Georgia, 158-160.
44Bertelsmann Stiftung, BTI 2008 - Georgia Country Report, Gutersloh: Bertelsmann Stiftung, 2007, 2, 10.
45Id., 19.
46Freedom House. Nations in Transit - Georgia (2008), http://www.freedomhouse.org/template.cfm?page=47&nit=452&year=2008(accessed on 8 July 2011).
47Interview of Ghia Nodia with the author. The NGOs' lack of a social base is discussed in greater detail in the Civil Society chapter of this report.
48International Republican Institute, Georgian National Study, April 26 - May 4 2011, (International Republican Institute, Baltic Surveys Ltd./The Gallup Organization, The Institute of Polling and Marketing with funding from the United States Agency for International Development), 57.
49United National Movement, "Action Instead of Words: United National Movement's Platform", 4, http://cec.gov.ge/uploads/saparlamento2008/partiebisprogramebi/N5.pdf(accessed on 26 November 2009).
50Campaign platforms of political parties for the 2008 parliamentary elections are available on the Central Electoral Commission's website:http://cec.gov.ge/?que=geo/archive/elections-2008&info=3792(accessed on 5 November 2009).
51Interview of Ghia Nodia with the author.
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