Changes Resulting from Constitution Amendments

There are no more places for Abkhazian majority MPs in the Georgian Parliament

Nona Suvariani, Tbilisi

Amendments to the Constitution were supported by 152 MPs and voted against by 2 MPs. The amendments aimed to increase the number of majority MPs in the Georgian parliament. However, opposition parties protested the change before it was adopted, even boycotting the vote.

Constitutional amendments are center stage to the on-going controversy between the government and the opposition. The opposition is now protesting changes during the parliament sessions and publicly as well.

Vakhtang Khmaladze, an expert, speaks about the various procedural violations that were made while the  amendments were adopted. “The draft law that was submitted to the parliament for the further discussion was completely different than the end result. More precisely, the initial draft law discussed the rules for the election of 50 MPs. The rule of the elections of 100 MPs would have been accomplished through a proportional electoral system, which was envisaged under the Georgian Constitution. That was passed without any changes. The draft law that offered the parliament the opportunity to reduce the number of MPs elected through proportional system by 25 seats; then to increase the number of MPs elected through majority system, which had completely different content than what first envisioned under the proposed amendments. Consequently, in order to discuss those amendments, the Parliament was supposed to have had to follow the constitutionally estimated six-month term, and only after this it would have been in the position to start discussions in the main legislative body.”

Vakhtang Khmaladze stated that this has not been the first time when the Georgian Parliament has acted in such a way. Take for instance, back in February of 2004, the Georgian Parliament introduced fundamental amendments to the constitution within several days and then as now it breached established procedural norms.

As a result,” the amendments made completely altered election rules. Our society heard much about such changes from both supporters and those that stood in oppositionist. They are now speculating as what is next.  For example, the parliament should have its representative to the districts in order to protect the interests of the legislative body. The opposition claims that the government uses such changes to make it easier for itself to get hold of mandates in the district, etc.”

Vakhtang Khmaladze pointed out that the amendment is a political mistake and this contention is not only the idea of opposition parties but others agree. The total number of the district and cities in Georgia is 85. Eight districts and cities are in Abkhazia and two are located in the Tskhinvali district (South Ossetia).

If according to one-mandate election precincts 75 MPs will be elected there will not be place for the MPs from Abkhazia and South Ossetia regions.

“Although, Georgian cannot hold elections in those two regions, we have made it completely clear in our  political statements that supports the claim these are our regions and we should have representing MPs from these regions sitting in our Parliament. However, now based on the adopted amendments, it will be impossible to have seats for such MPs.”

“I think that the situation is helped with statements that the Georgian Government in making. As it stands now there are no backup positions in reserve for MPs. This begs the question as to what will be the situation when we have our breakaway territories back again. In this case, Georgia will have two-chamber parliament. Consequently, those two regions will also have their representatives in the parliament. The point is how everything will be arranged in future and that will be yet another topic for consideration. Also, to consider if those conflict zones will not be willing to fully re-join Georgia and only one region will join back up with the rest of Georgia at the first stage. In similar case we will not create two-chamber parliament because the territorial integrity will not have been completely restored. Thus, representatives of those districts and cities will not have seats in Georgian legislative body.”

Shota Molashkhia, the chairperson of the Temporary Commission for the Territorial Integrity Issues also thinks that Abkhazian MPs should keep their seats in the parliament. “They do not discuss how those 75 places will be shared. Neither have they discussed the issue of 50 seats. As for the former Autonomous Oblast of South Ossetia, we already have a MP elected through majority system from Liakhvi Valley. As for Abkhazia, we do not have any MPs.  We should envisage some reserve places for them in the parliament. Currently, changes are introduced only as to the number of MPs and further changes will be considered under the Election Code.

Konstantine Kirvalidze, chief specialist of the Parliamentary Committee of the Regional Policy, Self-Government and Mountainous Regions does not agree with the discussion about constitutional amendments. “Minimal changes are introduced to the constitution; the election though majority system is a focused one. They are but mundane electoral amendments. If earlier Constitution envisaged 50 MPs from majority system, now their number will be 75; they will be elected from all Georgian districts.”

“Until now the current law was formally drawn-up and it aimed at the restoration of territorial integrity. I think the changes will not impact Abkhazia and South Ossetia. The constitutional amendments will not have direct connections with the territorial integrity of either South Ossetia or Abkhazia. The reality demonstrates that it would be more appropriate if we took the interests of local people into consideration. Those living in the districts should know their MPs very well and should vote only those candidates who they know and respect and not to those organizations that promotes the candidate through proportional system. Similar law works in many countries.”

Vakhtang Khmaladze spoke about one more, completely “mercantile issue”: he said that the experience of Georgia since the 1990s demonstrates that voters are more easily bribed during the elections of MPs through majority system.