Gender Monitoring of Local Self-Government Agencies and

Strengthening Women Involvement in Political Life

October 2014, Tbilisi

The research was made possible with the financial support of National Endowment for Democracy (NED). The views expressed in the research belong to the International Society for Fair Elections and Democracy and do not necessarily reflect views of NED.

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Despite improvements made over the last decades in the fields of raising awareness, education and strengthening political rights of women, women representation in politics and leadership positions in particular has not improved significantly.

As of 2013, women constitute 25.6% of members of parliaments throughout the world1, with Georgia significantly legging behind as following the 2012 parliamentary elections women were able to secure only 12% of mandates. Consequently, Georgia is ranked number 115 among 185 countries of the world. 2

Gender imbalance is evident in the executive authorities as well in Georgia where only 3 of 19 Ministers are women.3

The 2014 local self-government elections have painted an alarming picture of gender imbalance. All of the Mayors in 12 local self-governing cities are men, while out of 69 Gamgebelis throughout the country only two are women (including one appointed in Tbilisi).

In view of the serious gender imbalance in executive and legislative authorities of Georgia both at the local and the central levels, the purpose of the present research is to initiate legal changes tailored to the local context by sharing successful international experience and harmonizing Georgian legislation with international obligations and recommendations issued specifically for Georgia.

1 Retrieved from www.ipu.org2 Retreived from http://www.ipu.org/wmn-e/classif.htm3 As of September 2014

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I – Gender imbalance in Sakrebulos of local self-government territories of Georgia

1.1 Women representation in Sakrebulos of local self-government territories throughout Georgia

ISFED examined gender composition of Sakrebulos in 71 local self-government territories in Georgia.

Pursuant to para.12 of Article 10 and para.1 of Article 151 of the organic law of Georgia Local Self-Government Code, based on the proposal of the Government of Georgia envisaged by Order N515 of the Government of Georgia, dated March 31, 2014, the Parliament of Georgia resolved changes determining status of self-governing cities and communities. Consequently, the number of Sakrebulo members was increased from 1550 to 2083.

In Sakrebulos elected through 2010 local self-government elections throughout Georgia, women accounted for 11,1% of members4

There have been virtually no improvements following the 2014 local self-government elections, as women account for 11,6% of Sakrebulo members.

Below are quantitative results from the elections:

2010 elections: 1550 Sakrebulo members, including 171 women 2014 elections: 2083 Sakrebulo members, including 242 women.

The highest rate of women Sakrebulo members (20% or more) has been found in the following Sakrebulos of self-governing territories: city of Ozurgeti (47%), community of Sighnaghi (24%), city of Tbilisi (22%), community of Kharagauli (21%), community of Sachkhere (21%), city of Zugdidi (20%); community of Senaki (20%), city of Ambrolauri (20%), community of Oni (20%), community of Akhaltsikhe (20%), city of Akhaltsikhe (20%), city of Rustavi (20%).

4 http://www.isfed.ge/main/653/geo/

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In quantitative terms, number of women in the foregoing Sakrebulos are as follows: Ozurgeti – 7, Sighnaghi – 7, Tbilisi – 11, Kharagauli – 7, Sachkhere – 6, Zugdidi – 3, Senaki – 6, Ambrolauri – 3, Oni – 7, Akhaltsikhe (community) – 6, Akhaltsikhe (city) – 3, Rustavi – 5.

Further, there are Sakrebulos where women account less than 5% of members or are not presented at all:

There are no women members at all in Sakrebulos of Telavi, Poti, Mtskheta, Tsalka, Aspindza. Notably, there were no women in Mtskheta Sakrebulo in 2010. These results are alarming, considering that these are highly populated areas (71 000 people in Telavi, 60 000 in Mtskheta, 41 000 in Poti).

The table below illustrates gender composition of Sakrebulos in different regions of Georgia:

The table below compares rates of women representation in Sakrebulos in 2010 and 2014 in various regions of Georgia.

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There have been improvements in the following 4 regions of Georgia: Tbilisi, Guria, Shida Kartli and Mtskheta-Mtianeti, while the situation was worsened in the following three regions of Georgia: Zemo Svaneti, Kvemo Kartli and Adjara, as according to the 2014 results, number of women Sakrebulo members has decreased in these areas. In the following three regions the situation remains unchanged: Racha-Lechkhumi Kvemo Svaneti, Kakheti and Samtskhe-Javakheti.

1.2. Women representation in municipalities predominantly settled by ethnic minorities

In frames of the research ISFED compared women representation in Sakrebulos of multi-ethnic and mono-ethnic municipalities.

We compared the following municipalities settled by ethnic minorities – Akhalkalaki, Akhaltsikhe, Ninotsminda, Marneuli, Bolnisi, Gardabani, Tsalka to remaining municipalities and self-governing cities. Women account for 7,66% of Sakrebulo members in these multi-ethnic municipalities, while in rest of the municipalities their share is 12.6%.

Notably, compared to 2010 elections, the situation remains virtually unchanged.

While women’s share in municipalities settled by multi-ethnic population following the 2010 local self-government elections was 7.5%, post 2014 elections women’s representation is 7.66%.

In mono-ethnic municipalities women’s representation was 11.5% in 2010 and 12.5% following the 2014 elections.

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1.3. Women representation in high-mountainous municipalities

In frames of the research we also compared women representation in high-mountainous municipalities to that in remaining Sakrebulos of the country, painting a different picture. Women representation is 10% in high-mountainous municipalities and 12% in all remaining municipalities.

High-mountainous Other

1.4. Women representation in individual parties

ISFED examined individual parties to find parties with highest rate of proportional representation of women, i.e. percentage share of women among Sakrebulo members from a particular party. Notably, the highest rate of women representation or 38% was found in Georgia’s Way, followed by the bloc Burjanadze – Unified Opposition with 24%, while women account for only 11% of Sakrebulo members elected from the coalition Georgian Dream and 13% from the UNM.

To convert percentages into numbers, the party with the highest rate of women representation, Georgian Way has total of 3 women Sakrebulo members, the coalition Georgian Dream has 149 women Sakrebulo members out of 1384, the UNM has 38 women Sakrebulo members out of 287 while the bloc Buranadze – Unified Opposition has 33 women members of Sakrebulo out of 139.

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These numbers illustrate once more that important steps must be made to improve gender representation by means of improving legal framework and fulfilling international obligations of Georgia on the one hand and on the other hand, by raising public awareness and working with political parties.

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II – Mechanisms for promoting women representation in politics in Georgian legislation and relevant international obligations of Georgia

There is no legal mechanism of mandatory gender quoting in Georgian legislation. The organic law of Georgia on Political Union of Citizens provides for a financial incentive for voluntary compliance. Pursuant to para.71 of Article 30 of the law, “the election subject receiving funding from the state budget in accordance with rules prescribed by this Article, will receive from the state budget 10% of supplement, if in the nominated party list (local self-government elections – all party list) it includes at least 30% of different gender in each 10 candidates”.

As proven by a number of parliamentary or local self-government elections have revealed, the foregoing stipulation is completely insufficient to improve the gender balance to a significant extent.

Furthermore, Georgia is a party to a number of international agreements for gender equality, including the Convention on the Elimination of Discrimination against Women (CEDAW) 5 and the UN International Covenant on Civil and Political Rights (ICCPR). 6

Pursuant to the July 18, 2014 concluding observations of the Committee on the Elimination of Discrimination against Women on Georgia’s periodic report on the women’s rights situation in the country, serious steps need to be made to ensure equality. The Committee is concerned about lack of the mandatory quota system7 in the country and recommends that Georgia adopt statutory gender quotas to improve women participation in the public realm and improve the integration of disadvantaged and marginalized groups of women.

The Committee is also concerned that women remain significantly underrepresented in the legislative and executive branches, in particular in senior and decision-making positions. Therefore, the Committee recommends that Georgia adopt statutory quotas to address the issue.8

Georgia also joined the Beijing Declaration and Platform for Action9, one of the components of which is strengthening women’s participation in political life. The BPfA urges that state parties create concrete national mechanisms in this regard.10

Furthermore, pursuant to the Recommendation Rec (2003)3 of the CoE Committee of Ministers11 on balanced participation of women and men in political and public decision making, “balanced participation of women and men is taken to mean that the representation of either women or men in any decision-making body in political or public life should not fall below 40%”.

5 Georgia adopted the Convention on the Elimination of Discrimination against Women in 1994http://goo.gl/wdILXY6 Georgia adopted the UN International Covenant on Civil and Political Rights in 1994: http://goo.gl/ZCkjSa7 Ciommitee on the Elimination of Discrimination against Women, 18 July 2014, point 16. 8 Ciommitee on the Elimination of Discrimination against Women, 18 July 2014, point 24 and 25. 9 http://www.un.org/womenwatch/daw/beijing/platform/declar.htm, Georgia adopted the Declaration in 199510 http://www.un.org/womenwatch/daw/beijing/platform/11 Recommendation Rec (2003)3 of the Committee of Ministers to member states on balanced participation of women and men in political and public decision making, https://wcd.coe.int/ViewDoc.jsp?id=2229

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Pursuant to a number of international conventions or recommendations, to achieve gender balance and also in consideration of examples of many countries throughout the world, the system of gender quotas is the temporary measure that will serve as an important effective mechanism for improving scales of women representation.

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III – Types of Gender Quoting

Gender quota is a legal norm for strengthening women participation in political institutions. 12 Usually it is viewed as a temporary measure for achieving gender equality and strengthening representative democracy by removing various political, social or psychological barriers.

Based on the international experience, there are two types of gender quoting:13

1. The principle of reserved seats, generally guaranteed by the Constitution and/or election law and is legally binding in a number of countries. According to this principle, in some institutions certain number of seats is reserved for women only.

2. The principle of setting up a minimum percentage or number for the representation of women, also guaranteed by the Constitution and/or election law, meaning that each political party should have a certain percentage or number of women in their party lists. In this case, it is important to consider the rule concerning rank order, in order to avoid having women at the bottom of the party list. Further, when talking about statutory quotas for party lists, it is also important to determine what will happen when a woman elected to the office abandons the mandate (often parties formally fulfill stipulations of election list quotas, while elected women candidates are later replaced by men).

According to the international experience, 40% women representation has been recognized as the so-called “critical minimum” for women to be able to influence state politics as an interest group.14

12 Civil education dictionary13 There is also a third type of quota – voluntary party quota, when each party voluntarily determines minimum percentage or number of women in its own list 14 Beijing Declaration and Platform for Action 1995

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IV – Link between Electoral System and Women Participation in Politics

Based on the experience of various countries and a number of researches, election system has a particular impact on women’s participation in politics.

According to its definition, electoral system is a way in which votes are transformed into mandates.

When discussing electoral system and gender issues, the following three elements of an electoral system should be considered:

- district magnitude; - election formula for determining how the winner of the seat is chosen; - Structure of election ballot – determining whether the voter votes for a candidate

or a party and whether the voter makes a single choice or expresses a series of preferences.

Notably, magnitude of the electoral district has a direct impact on the likelihood of women being nominated and elected. Often if parties are able to nominate more than one candidate, they are more likely to nominate a balanced slate, while in single-mandate districts parties tend to nominate male candidates only. Therefore, electoral system with single-mandate election districts is viewed as one of the obstacles to achieving gender equality.

Various researches also highlight party magnitude as another important factor determining success of women candidates in getting mandates. Since men are often on the top of party lists, the fewer the amount of mandates won by a party, the smaller the chance that women will get these mandates. Therefore, the bigger the party magnitude and the district magnitude, the better the chances for women of getting seats in representative agencies . Party magnitude can be guaranteed by introducing a certain party barrier but it will also significantly decrease the chances of small parties getting in representative agencies. The number of elected parties can be limited by a legal threshold for parties but this will also exclude the smallest parties from the legislature.

Another important factor for achieving gender balance in legislature is election formula that determines how winners for seats are chosen. It has been proven by research that bigger the threat of losing seats to a competing party, the more parties tend to offer voters candidates to offer a variety of candidate profiles appealing to a lot more interest groups. Therefore, in winner-takes-all electoral systems (that leave virtually no seats for a party who got fewer votes or votes received by a winning party are more than what was needed to get majority of seats, i.e. excess votes do not help it get additional seats), parties usually tend to focus on values that are appealing to majority of voters and their interests, which - in view of social or psychological context - is less likely to be about gender equality and women’s political representation.

As to the ballot structure, it defines how voters are allowed to express their choice. Electoral systems can be either majoritarian (focusing on candidates) or proportional representation (focusing on parties) systems. Many researches have demonstrated that it is much easier to apply quotas in electoral systems that are party-centered. On the other hand, in frames of a party-centered electoral system, especially when social environment does not promote gender balance, female candidates have more chances of winning.

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Proportional representation election system is most effective for increasing women participation in politics. It always uses electoral districts with higher magnitude, while party magnitude is usually considerably high in proportional representation election system. It also promotes effective implementation of the mechanism of quotas.

It has been proven by international experience that in parliaments elected through proportional representation election systems have two times more women legislators than countries with majoritarian systems.15

Notably, in Georgia women elected in parliament through proportional representation system accounted for 12,6% of MPs in 2004, 10,6% in 2008 and 15% in 2012, while women elected through majoritarian system accounted for 3% of legislators in 2004, 1,3% in 2008 and 9% in 2012.16

In this light, we believe that the most acceptable and feasible model for Georgia to achieve gender equality is the combination of proportional (and in particular, closed party-list proportional) representation electoral system with the statutory minimum requirement for the representation of women (at least 40%) in the process of nomination of candidates.

15 The Impact of Electoral Reform on Women’s Representation, Pippa Norris, 2006. 16 “Strengthening Women Participation in Political Life of Georgia”, NIMD, 2013

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V – The Experience of Gender Quoting

5.1 Success story – Rwanda

Rwanda is one of the countries with a high rate of women in legislature, where quoting is mandated by the Constitution and election law. The case of Rwanda clearly illustrates that equal representation of women is possible in difficult economic and political as well as post-conflict situations.

Rwanda’s Constitution was amended in 2003 to introduce reserved seats. According to the new regulation minimum 30% of all seats in Rwanda’s legislature must be held by women. Constitution of Rwanda also recognizes responsibility of parties to participate in awareness campaigns and do as much as they can to provide equal opportunities for men and women for holding political offices and winning mandates. 17 Rwanda’s election law was amended in 2007 to set the minimum percentage for representation of women candidates. The regulation mandates all parties to nominate minimum 30% women among their candidates. Rwanda’s law also includes the Code of Conduct for Political Organizations and their Members, promoting implementation of principle of equality in real life by political parties by means of mandatory regulations.

Notably prior to 2004 amendments women representation in the Parliament of Rwanda was at 23%, while following the 2003 elections women accounted for 30% of members of the parliament in the upper chamber and 48% in the lower chamber. Currently women account for 38% of members in the upper chamber and 64% in the lower chamber.

5.2 Success Stories of Gender Quoting in Europe

In two European countries – Finland and France, where women representation in legislature is the highest, there are no statutory quoting systems.

Country Rate of women representation in parliament

System of quoting Electoral system

Sweden 45% (2010) Internal party quota Party-list proportional

Finland 42.5% (2011) N/A Party-list proportional

Notably, all European countries with mandatory quota systems and over 30% of women representation have proportionate representation electoral system in place, proving that the combination of gender quoting and party-list proportionate system is an effective way to increase women representation.

Country Rate of women System of quoting Electoral system

17 Article 52 of the Constitution of Rwanda

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representation in parliament

Belgium 38% (2010) Mandatory quoting Party-list proportional

Spain 36% (2011) Mandatory quoting Party-list proportional

Slovenia 32.2% (2011) Mandatory quoting Party-list proportional

According to the Election Code of Belgium, 150 members of the lower chamber of the Belgium Parliament has been elected through the system of list-proportional representation. According to the law, the difference between representatives of different gender in election lists should not be more than one, while first 2 candidates of the list should be of different gender. 18 If election list fails to meet the criteria, election administration refuses to register it.19 The same principle of quoting applies to election of the upper chamber of the parliament - Senate. As to local self-government elections, pursuant to the Local Elections Code, parties should observe the principle of 50% equality when submitting their lists, meaning that they should have equal number of representatives from the different genders in their election lists. Failure to meet the criterion will result in sanction – refusal of the election administration to register the list.20

According to the Spanish laws, for the election of both chambers of the parliament as well as in local self-government legislature, parties should observe a certain balance in their lists. 21 In particular, each gender must be represented by at least 40% of the candidates on the list. The ratio must be kept within each five-candidate cluster on the list, while in lists with fewer than five candidates, the ration should be close to the mandatory proportion as much as possible. Election administration gives a short period of time to parties who fall short of the requirement to address the problem, while in their failure to do so, the administration will refuse registration.

As to Slovenia, in parliamentary elections each gender must be represented by at least 35% in election lists, while 40% gender quota was introduced for local elections in 2014. As to rank order, parties are required to alternate between male and female candidates in the first half of their lists both for parliamentary and local elections. Parties that fail to abide by the regulation will be refused registration.

Notably, after introducing the gender quota regulation, women representation significantly increased in parliament in the following countries:

Country Elections Elections Elections Elections Elections Percent change

Belgium 1995: 12% 1999*: 23.3%

2003: 35.3%

2007: 36.7%

2010: 38% +26%

18 Article 117bis of the Election Code of Belgium19 Article 1195 of the Election Code of Belgium20 Article 26(2) of the Code of Local Elections of Belgium 21 Articles 44 bis (1), 44 bis (2) of the Organic Law on General Elections of Spain

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Spain 1996: 21.6%

2000: 28.3% 2004: 36% 2008*: 36.3%

2011: 36% +14.4%

Slovenia 1996: 7.8%

2000:13.3% 2004:12.2% 2008*: 13.3%

2011: 32.2%

+24.4%

* First election after quoting regulation was introduced

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VI – Mechanisms for Enforcing Gender Quota Regulations

Enforcement mechanisms are important for effective gender quoting.

For their failure to fulfill the norm, political parties are subject to two basic types of sanction: fine and refusal of the election administration to register their list.

6.1. Fine

In Portugal, the party list that falls short of the gender quota requirements will be made public while the party itself will be fined. Amount of fine is calculated according to gravity of the violation concerned.

In Ireland party that receives state funding will have its funding decreased by half.

In France refusal for registration applies to local election only, while in parliamentary elections failure to abide by gender quoting will result in imposition of fine. However, large parties have often opted to pay fine than have gender-balanced lists (in France law mandates 50% quotas).

It illustrates weaknesses of financial sanction and therefore, another type of sanction is far more effective and acceptable.

6.2 Refusal of election administration to register party list

Based on international experience, it is safe to conclude that the most effective type of sanction for failure to fulfill requirements of gender quota regulation is refusal to register party list. To this end, election administration must be delegated with certain competencies. This particular type of sanction is used in Belgium, Slovenia, Spain, Poland. Election administration can also give certain period of time to address the problem and resubmit its list.

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VII - Recommendations

Considering the serious imbalance in Georgia at all levels of legislative or executive authorities, as well as in view of various international recommendations, a task force should be created as soon as possible, with the involvement of MPs, non-parliamentary parties, as well as representatives of civil sector and international organization, for the purpose of initiating relevant important legislative proposals.

The reform should focus on the four key elements, including the election system reform, determination of the system of mandatory quoting tailored to the Georgian reality, introducing rank order in frames of the quota system, as well as creating mechanisms of enforcement.

To have an effective system and achieve equality, it is important to elaborate mechanisms against pro forma fulfillment of quota regulations by parties, without any meaningful improvement of women representation.

Therefore, the following changes must be made immediately:

1. For increasing women participation in politics in Georgia, existing election system should be replaced by the system of proportional representation, both for local self-government and parliamentary elections;

2. Minimum requirement for women representation should be introduced, and gender quota should be fixed at 40%, meaning that all parties should have gender-balanced list where women constitute at least 40% of candidates. Each gender should be represented at least 40% but no more than 60%.

3. The following type of rank order should be introduced: In the first half list parties should alternate between female and male candidates, i.e. each gender should be represented at 50% in the first half of the party list. In the second half of party list, women should account for at least 30% of candidates within every other ten-candidate cluster, according to the following principle – in the second half of the list every third candidate must be a female, while if there are fewer than ten candidates in the second half of the list, gender balance should be close to the mandated proportion as much as possible;

4. If an elected candidate decides to abandon his/her seat for any reason, the seat should be taken by the following candidate of the same gender on the party list, who did not win a mandate.

5. For failure to comply with the requirements, parties should be subject to the following sanction: if a party list falls short of the gender quoting and ranking criteria, election administration should point to the flaw as well as the ways to remedy the flaw and give the party concerned a reasonable period of time, expressly defined by the Election Code. If a party fails to resubmit a list that complies with all requirements of the law, the election administration should be authorized to refuse registration of the party list.

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Bibliography:22

1. The Convention on the Elimination of all Forms of Discrimination against

Women (CEDAW) of 1979;

2. The International Covenant on Civil and Political Rights (ICCPR) of 1966;

3. Committee on the Elimination of Discrimination against Women, concluding

observations on the combined fourths and fifth periodic reports of Georgia, 18 July 2014;

4. Gender Quotas and Female Leadership: A Review, Rohini Pande and Deanna Ford,

April 7, 2011;

5. Thematic Paper on MDG 3, Promote Gender equality and Promote Women , MDG

task Force, 2010-2015;

6. Designing for Equality, best-fit, medium-fit and non-favourable combinations of

electoral systems and gender quotas, Stina Laresrud and Rita Taphorn, IDEA, 2007;

7. Democracy and Gender Equality: the Role of the UN, IDEA, UN, UNDP, UN

Women, Discussion Paper, 2013,

8. Electoral Gender Quota Systems and their Implementation in Europe, European

Parliament, 2013

9. Electoral Quotas for Women, IDEA, 2013.

22 Titles of source materials are given in original language

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