Introduction

The report developed by Transparency International Georgia within the framework of the parliamentary monitoring project evaluates the performance of the Gender Equality Council (hereafter – the Council) in the Parliament of 10^th Convocation in a period between 1 June 2022 and 30 June 2023 (hereafter – the reporting period).

The report examines and evaluates the activities of the Council in the following directions:

• Gender analysis of legislation;
• Work on new legislative initiatives;
• Oversight and monitoring of the gender-related activities of accountable bodies;
• The Council’s response to high-profile cases;
• Received and reviewed statements by the Council.

The report is based on the FOIAs requested from the Parliament, as well as information available on the website of the Parliament and monitoring conducted by our organization.

Key findings

One of the 12 recommendations [1] proposed by the European Union for granting Georgia a candidate status is related to enhancing gender equality. According to recommendation 9, Georgia shall notably consolidate efforts to enhance gender equality and fight violence against women. To fulfill the recommendation, the legislative amendments were implemented with the involvement of the Gender Equality Council. For advancing gender equality, it is crucial that the Georgian legislation is harmonized with the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence (the Istanbul Convention). The Council should fully exercise its authority in shaping gender equality policies, participating in the legislative process and carrying out its oversight powers.

The following positive trends were identified in the performance of the Parliament during the reporting period:

• The Parliament institutionalized [2] the Gender Impact Analysis (GIA). The gender impact assessment has to be embodied in an explanatory note of the bill.
• The mandatory gender quota rule was extended – The gender quota rule will be valid until October 2032 as a result of the amendments to the Election Code. According to the quota rule, at least 1 out of every 3 candidates on the party list must be a woman. If a term of office of a female MP is terminated, she will be replaced by the next female member of the party list;
• The Parliament adopted “the State Concept of Gender Equality” and “the State Concept on the Economic Empowerment of Women”.

Challenges regarding gender equality

• The Gender Equality Council’s oversight of executive authorities is weak. The Government fails to submit reports to the Council within the specified timeframe. After hearing reports, the Council does not issue recommendations.
• The consideration of the legislative package [3] coordinated and initiated by the Council is suspended in the Parliament;
• The members often do not attend sessions of the Council;
• The Council's Action Plan lacks timely and effective implementation of ambitious commitments, including the initiation of substantial legislative changes aligned with international obligations.
• The timelines and indicators defined in the Action Plan for the Council’s activities are very broad.
• The Council does not monitor the implementation of the recommendations issued by the thematic inquiry group in a timely and efficient manner;
• The Council has not established a consulting group composed of representatives of local and international organizations, which would ensure intensive engagement of experts in the activities of the Council;
• The Council still lacks human resources to adequately perform its duties.

Recommendations

TI Georgia developed recommendations for the Parliament to take into consideration in order to enhance gender equality, strengthen women’s rights, and improve the performance of the Gender Equality Council.

Legislative Process:

• The draft laws [3] initiated within the framework of the 12-point plan of the European Union should be continued to be discussed and approved including amendments on sexual crimes against minors;
• It is necessary to approximate the definition of sexual crimes, including rape in line with the Istanbul Convention;^[1]
• Timely development of draft law is crucial to establish a specific provision in the Criminal Code that addresses femicide.
• Gender Impact Assessment shall be carried out on prominent initiatives with the engagement of the committees;
• Gender analysis of the budget project should be carried out annually.

Recommendations regarding the performance of the Council:

• The Council should strengthen oversight of the government activities related to gender issues, summon responsible persons to sessions, issue relevant recommendations and monitor their implementation;
• MPs must attend the sessions of the Council and exercise the rights and duties assigned by law;
• The responsible persons should follow the liability envisaged by the legislation, and timely submit reports to the Council.
• The Council should effectively and periodically monitor the implementation of the recommendations issued by the thematic inquiry groups;
• The Gender Equality Council's statute shall define the establishment of a consultative group composed of representatives of local and international organizations. The consultative group shall participate in the Council meetings, submit proposals/recommendations, and assist in the effective implementation of its powers;
• Statements of the Council shall be published on the official website of the Parliament;
• In order to operate at full capacity and to conduct a gender analysis of the draft laws along with the committees, it is recommended to strengthen the Council’s office with human resources;