GEORGIA: NON-PARLIAMENTARY OPPOSITION MUST CHOOSE

C O N F I D E N T I A L SECTION 01 OF 03 TBILISI 000222

SIPDIS

DEPT FOR EUR/CARC

E.O. 12958: DECL: 02/05/2019
TAGS: PGOV PREL PHUM KDEM GG
SUBJECT: GEORGIA: NON-PARLIAMENTARY OPPOSITION MUST CHOOSE
ON ELECTION CODE REFORM

REF: A. 08 TBILISI 2417

B. 09 TBILISI 168

Classified By: Charge d'Affaires A.I. Kent D. Logsdon for reasons 1.4 (
b) and (d).


1. (C) Summary: The Georgian Parliament is renewing its
efforts to create a working group to reform Georgia's
Election Code (ref A) in 2009. Speaker Bakradze has invited
significant political parties (inside and outside of
Parliament),five local NGOs, the Central Election Commission
(CEC),and the international diplomatic community to join the
workinggroup. The international community's efforts thus
far have been coordinated by the OSCE and National Democratic
Institute (NDI). NDI has gotten most, but not yet all,
parties to agree to a Code of Conduct for the working group
process. International organizations will encourage invited
parties to sign the Code of Conduct and participate in the
Government-organized working group. Bakradze is meeting with
the international community on February 6 to hear suggestions
and discuss his next steps and CEC Chairman Levan
Tarkhnishvili has expressed his hopes that a new code can be
drafted this year while Georgia is not facing imminent
elections. Key questions which remain unanswered include who
will chair the working group and where it will meet, although
thus far Speaker Bakradze appears to be prepared to lead the
effort for the Government. Further complicating efforts, are
the non-parliamentary opposition's continuing calls for the
President's resignation and new elections, the latest of
which came on January 29 (ref B). Parliament's leadership
seems dedicated to as inclusive a process as possible, but
has stated its intention to create the new code even if the
non-parliamentary opposition refuses to participate. End
summary.


2. (C) Comment: Post continues to believe that unscheduled
elections this year are unlikely, and that the
non-parliamentary opposition's demands for such do not have
popular support. The CEC is correct that a current
opportunity of (relative) political calm exists to form a
new, improved election code before the 2010 elections. There
is little reason to delay the group's work, once parties sign
the Code of Conduct. It is likely some or most of the
non-parliamentary opposition will refuse to participate.
Should this happen, it need not be a deal-breaker. If the
government continues to encourage real participation by
parliamentary opposition, NGOs, and international
partners/experts, this could provide significant oversight
and transparency to the process. If the result of the
working group is indeed an election code in line with
international standards -- the intended outcome would be for
the Council of Europe's Venice Commission to review any new
draft code -- then the process will have achieved its goal.
We will continue to encourage the GOG to work with all
participants to adopt such a code, but also believe that the
non-parliamentary opposition should not be allowed to hijack
the process. End comment.

WORKING GROUP INVITEES


3. (SBU) Parliament, led by Speaker David Bakradze, is
continuing with its plans to create a working group to reform
Georgia's Election Code (ref A) in 2009. Bakradze has
invited all parties within Parliament, those "qualified
parties" outside of Parliament that receive state funding as
well as former Speaker Nino Burjanadze's party, to
participate in the group. In addition, Bakradze invited five
local NGOs to participate, including: Georgian Young Lawyers
Association (GYLA),Transparency International (TI) of
Georgia, International Society for Free Elections and
QGeorgia, International Society for Free Elections and
Democracy, New Generation New Initiative, and Public Movement
Multi-National Georgia. The Central Election Commission
(CEC) will also be a member of the working group. Finally,
Bakradze invited representatives of the international
diplomatic community to join the working group, likely in the
capacity of observers. The international community's efforts
thus far have been coordinated by the OSCE and National
Democratic Institute (NDI). The OSCE, EU, UNDP, NDI, IFES,
and the U.S. Embassy have participated in preliminary
meetings to assess whether the political will currently
exists for such a process to progress. NDI confirms most,
but not yet all, parties have agreed to sign a Code of
Conduct and join the working group. Bakradze is meeting with
the international community on February 6 to hear suggestions
and detail next steps. (Embassy Note. Bakradze's personal
involvement in this process was delayed for several weeks
after he became seriously ill when he had an allergic
reaction to anesthesia during a recent surgical procedure to
remove a kidney stone. He has recovered fully. End note.)


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CEC ANXIOUS TO BEGIN


4. (C) CEC Chair Tarkhnishvili told embassy officers that a
golden opportunity for real reform of the election code
exists in 2009. There are no national elections scheduled
until local elections take place in 2010. Notwithstanding
non-parliamentary calls for protests and the President's
resignation, a period of relative political calm should allow
such a working group to meet and deliberate without the
pressure of political grandstanding. By-elections to fill
several vacant seats in Parliament in the fall can provide a
better-managed trial run for the new election code, allowing
Parliament and the CEC to correct shortcomings well in
advance of the 2010 elections. Tarkhnishvili acknowledged
that he wants to address the issues raise in OSCE ODIHR
reports which have criticized Georgia for "amending the
election code" shortly before each election.


5. (C) Tarkhnishvili said that he currently envisions two
groups; the first should be a political body -- to include
all the parties -- that will decide the political issues of
the code (how many MPs, how many elected by party list, how
to handle the single-mandate majoritarian seats, etc.) He
envisioned the second group as a technical group, consisting
of Parliament's legal staff, CEC lawyers, and an
international expert to draft the code in accordance with the
political group's will. Tarkhnishvili told Poloff that he
would be open to NGOs participating in, or observing, the
technical group. He also asked USAID if they could provide
financial assistance for an international expert(s) to ensure
that the new electon code meets international standards.

GYLA AND TRANSPARENCY INTERNATIONAL


6. (C) GYLA and TI were key watchdogs during recent
elections, and remain committed to improving Georgia's future
elections. GYLA's coordinator for elections projects, Nino
Lomjaria, confirmed that Bakradze had invited her
organization to participate in the working group. She said
that they were currently waiting for additional information
from Parliament on next steps, which she expects in the near
future. Lomjaria agreed a new election code that meets
international standards is necessary, and GYLA is looking
forward to joining the group. Similarly, TI is also onboard
with the project. TI Executive Director Tamuna Karosanidze
thought that NGO participation could serve an important
oversight role for the public interest. She suggested --
similar to Tarkhnishvili's proposal -- that a technical group
including majority and minority faction lawyers from
Parliament, as well as NGOs, work together on drafting the
code to enforce the political decisions from the main body.

STICKING POINTS


7. (C) NDI confirms most, but not yet all, parties have
agreed to sign a Code of Conduct and then join the working
group. All parliamentary parties have agreed, with the
possible exception of Jondi Baghaturia's tiny Georgian
Troupe. Among non-parliamentary parties, Burjanadze's
Democratic Movement-United Georgia, the Labor Party, and the
Industrialists all agreed to sign the Code of Conduct.
Apparently, the remaining non-parliamentary opposition
parties have agreed to the Code of Conduct, but desire
additional concessions before joining the working group. Who
will chair the working group and where it will meet remain
key sticking points for these parties.

NON-PARLIAMENTARY OPPOSITION STALLS


8. (C) Further complicating efforts are the non-parliamentary
opposition's continuing calls for President Saakashvili's
Qopposition's continuing calls for President Saakashvili's
resignation and early elections, most recently on January 29
(ref B). This call was joined by most major
non-parliamentary opposition parties. It is hard to see how
these parties can reconcile these demands with their
participation in the working group, whose Code of Conduct
ensures that all parties will negotiate and participate in
good faith. Furthermore, the Code of Conduct states that
parties will refrain from threatening behavior during the
process. NDI's Mary O'Hagan opined that such reconciliation
is not the international community's responsibility, nor
should it be. She said "there is only so much we can do to
protect the non-parliamentary opposition from themselves."
Tarkhnishvili acknowledged that some of the parties will
undoubtedly violate terms of the Code of Conduct. He said
that while this is to be expected, once formed, the working
group can address any violations.

PARLIAMENT MOVING AHEAD



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