Opposition Political Camp Receives Just Reward in Georgia!

Nona Suvariani, Tbilisi

The Office of the Georgian Public Defender protests the legislative that was initiative for the introduction of amendments and additions to the Georgian Organic Law on “Political Unions of Citizens”. Parties oppose these amendments and both claim that the amendments are in contradiction with the international law and the Georgian Constitution.

The initiative, the authors of which are Paliko Kublashvili, Murtaz Zodelava, Chiora Taktakishvili and Kakha Anjaparidze, was discussed in the legal committee and here some amendments were made These state that “the party, which, according to the results of the recent parliamentary elections and article 30 of the above-mentioned law should receive reimbursement from the state budget, shall not receive the funds any more or if it received any fund the party shall lose this funding in the event:
a) if every member of the political party would stop being a MP authority;
b) if every elected member of the party left the political part after having been elected..

The Public Defender’s Office considers that the amendments that are in contradiction with the fundamental principle of freedom of unification are guaranteed by the Article 26 of the Georgian Constitution, and also under Article 11 of the European Convention of Human Rights and Basic Freedoms. The public defender thinks that the law should not reflect the changes initiated just upon isolated or single occasions, and under such circumstances there is a negative impact on the correct development of the election legislation. And the criteria for getting funded are not existence in the parliament but to overcome the 4 % barrier during the parliamentary elections.

The statement of the Public Defender pointed out that politicians should participate in political activities based on their own perspectives. They can make use of any form of protest action. However, the state has no right to judge them for taking part in protests. The state cannot charge politicians even when the activities of certain political party do not comply with estimated standards of behavior or established norms. Remarkably, that these parties represent 4 % of voters and their names are used when different kinds of protests are decided upon. The funding should not cease for yet an additional reason, and to do so would unnecessarily weaken an already weak political spectrum.

Murtaz Zodelava

Murtaz Zodelava, one of the authors of the draft law and deputy chairperson of the Legal Committee of the Parliament, claimed that the amendments do comply with international standards.

“Moreover, our team was the initiator of the real regulation of funding political parties. Before 2005 such a regulation did not exist at all.”

“The measures taken by political parties resulted into the actualization of similar amendments. Certain parties have abandoned the parliament and to act with such behavior deserves that some kind of assessment should be taken by us in response. Their decision contradicts with the will of the voters. People elected them, and consequently the MPs acted in the parliament; it was their firmly their decision to make. Thus, they should have expected similar changes. Moreover, even though amendments were not introduced, these people did not have right to request funds from the budget because the aim of funding is to encourage political parties to act in legal political space and to carryout their functions within the norms of the law.”

According to the amendments several parties shall not be funded any more.

These are: “The New Rights” who could not receive the funds even from the elections of self-government because they boycotted those elections too; “Georgian Way”, political movement “For United Georgia” political bloc of Konstantine Gamsakhurdia (known as “Tavisufleba”) will not be funded in the future from the budget. As for the political parties who were established long time before “Conservators” “Republic Party” and several other parties. They will be funded by all means and in spite of the fact whether or not the draft law will be adopted. The system of funding aims not only at allocating budget expenses but that the provided funds are determined by the results of the recent parliamentary elections. These parties crossed the minimal barrier during the self-governmental elections; so they will receive additional funds. This amount might not be less than they could have received soon after the self-governmental elections because they gained high percentage in the elections. According to the current law, the political party can choose the criteria for its funding.”

The Georgian Young Lawyers Association really appreciates the amendments.

“Activities of the political unions of citizens remain to be a most sensitive topic, and in case the ruling party interferes, and makes use of surgical methods – such an action will not benefit an already weakened Georgian democracy - it will not be oriented towards the development of the political environment. The surgical methods of the ruling party might be introduction of legal norms that comply with their own demands and implementation of punitive measures against parties that had been defeated,” stated representatives of the NGO.

Although the Republic Party is one of those who received funds, they are against the amendments. Davit Usupashvili, the chairperson of the party, stated that they must express their solidarity in light of the current situation. He cannot appreciate the introduction of the amendments because the recent regime for funding was adopted a year ago and it should have worked until 2010.

“We should respect the decision that we have already made. On the other hand, the authority should not have found time to take out its revenge and “political payback” against oppositions parties, and especially now – as Georgia faces many problems and the government should be focused on solving them. Moreover, international practice in funding of political parties demonstrates that funding regimes must be stable in order for political parties to be able to schedule their activities, and that funding should not depend on the unilateral decision of the government. A similar model of funding was worked out under the direction of the Council of Europe.”

The Republic Party has already appealed to the international organizations; they have also discussed the issue during their meeting with Condoleezza Rice, US Secretary of State during her recent visit to Tbilisi.