Human Rights Center – Formation of Majoritarian Districts Is Not Constitutional

Salome Achba

Constitutional lawsuit of Human Rights Center sues non-constitutionality of the formation of majoritarian election districts. The suitors believe, this particular provision of the Election Code contradicts Article 14 of the Constitution that prohibits discrimination on any grounds. 

Human Rights Center carries out long-term monitoring of the Georgian Parliamentary Elections of October 1. In the frame of this project, HRC lodged a constitutional lawsuit to the Constitutional Court of Georgia where Ucha Nanuashvili and Mikheil Sharashidze were applicants.

On December 25, Human Rights Center held press-conference about the constitutional lawsuit in its office.

Coordinator of the Election Monitoring Project Mikheil Sharashidze clarified essence and purpose of constitutional lawsuits. He said, in accordance to their constitutional lawsuit, there is significant difference between numbers of registered voters in single-mandate election districts and it contradicts the principle of equality guaranteed by Article 14 of the Constitution of Georgia. Namely, 5 810 voters elect majoritarian MP in single mandate election Kazbegi district # 29 whilst 128 545 voters elect one majoritarian MP in Saburtalo DEC # 3. Thus, number of registered voters in Kazbegi DEC is 22 times more valuable than votes of voters registered in Saburtalo DEC. Authors of the constitutional lawsuit believe the aforementioned circumstances breach the equality principle guaranteed by the Constitution of Georgia including the principle of equality between voters’ votes that discriminates voters in accordance to their places of residence,” said Mikheil Sharashidze at the press-conference. 

Human Rights Center filed constitutional lawsuit to the Constitutional Court of Georgia on December 4. The Court has registered it.

“Monitoring of election process, in the frame of what Human Rights Center has already filed second constitutional lawsuit to the Constitutional Court of Georgia, covered not only monitoring of the pre-election and election period, but analysis of the election legislation. In this view, HRC made critical remarks in its interim reports and works on the recommendations for the completion of the legislation; the recommendations will be reflected in the final report of the monitoring. One of the most effective measures for the completion of the law is to use Constitutional Court as an instrument to change anti-constitutional norms,” said Aleko Tskitishvili of the Human Rights Center said at the press-conference.

The Project Monitoring of Election Process was implemented with financial support of the US Embassy in Georgia and Foundation National Endowment for Democracy (NED). Norwegian Helsinki Committee also assists the HRC to implement the project.