On 1 July, the OSCE/ODIHR published its opinion on Georgia’s abolition of gender quotas for women MPs. The OSCE/ODIHR criticizes the Georgian Parliament’s decision for not proposing alternative measures to increase women’s political representation. It says the move is a setback for gender equality in the country and stresses that it is not in line with international standards.
On April 4, the Georgian Parliament adopted amendments to the country’s Electoral Code that abolished mandatory parliamentary quotas for women, which required that at least one out of every four persons on a party list be of a different gender than the majority. The amendments, introduced by Girchi, were a matter of political bargaining, as they were supported by Georgian Dream (GD) in exchange for Girchi’s promise to vote for the GD candidate for the chairmanship of the Central Election Commission. On May 15, the Parliament overrode the president’s veto of the amendments. The OSCE/ODIHR Opinion was prepared at the request of the Public Defender of Georgia.
“Without introducing alternative forms of temporary special measures or other recognized mechanisms to accelerate women’s political representation in Georgia, this represents a setback for the advancement of gender equality in Georgia, not in line with international human rights standards and OSCE commitments which mandate the elimination of discrimination against women in political and public life,” the opinion says on the Parliament’s abolition of gender quotas.
The OSCE/ODIHR opinion stresses that quotas for women MPs have gradually helped to create a more gender-balanced political environment in Georgia and states that “no evidence” has been presented by the Parliament to justify the abolishing of the quotas.
It adds that despite mandatory gender quotas and even financial incentives for political parties to include more women on their lists, the gender balance in the Georgian Parliament remains lower than in other OSCE countries and does not meet international or regional targets.
From a constitutional perspective, the OSCE/ODIHR opinion asserts that the abolition of quotas for women MPs is “not consistent” with Georgia’s constitutional obligation to eliminate inequality. The opinion emphasizes that the absence of an alternative mechanism renders the Parliament’s decision “especially concerning.”
In addition, the OSCE/ODIHR opinion points to procedural flaws in the way the amendments were adopted: through a fast-track procedure and without adequate and inclusive participation and consultation of all relevant stakeholders, as well as in the run-up to the upcoming elections.
Recommendations:
Regarding the law-making process, the OSCE/ODIHR recommends Georgia:
- To ensure that any future gender-related changes are subject to prior impact assessment and consultation with civil society and all relevant stakeholders;
- To refrain from fast-tracking legislation unless it is truly urgent;
Regarding gender quotas and financial incentives for political parties, the OSCE ODIHR recommends Georgia:
- To adopt effective temporary special measures to eliminate discrimination against women in public and political life, in accordance with Georgia’s international obligations (The reintroduction of quotas for women is also recommended as one of the options);
- To include a provision in the Electoral Code clarifying the conditions under which quotas for women can be lifted if such quotas are reintroduced.
- To reintroduce financial incentives for political parties to enhance the inclusion of women in party lists;
- To consider additional legislative or other measures that will promote balanced and diverse representation in political parties;
- To consider adopting alternative mechanisms to accelerate women’s political participation, if mandatory quotas for women are not reintroduced.
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