Did OSCE/ODIHR Recognize the Parliamentary Elections and Government Legitimacy?

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Parliamentary Elections
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On April 11, Georgian media reported statements by members of the Georgian Dream party claiming that OSCE/ODIHR recognized the latest parliamentary elections and the legitimacy of the government. They used the conclusion of the OSCE Office for Democratic Institutions and Human Rights (ODIHR) to counter the resolution of the Parliamentary Assembly of the Council of Europe (PACE). MP Giorgi Kakhiani said that OSCE/ODIHR “recognized the Georgian Dream government as legitimate,” while Aluda Ghudushauri claimed that “[PACE] disregarded and dismissed the assessments of their own institution, OSCE/ODIHR, which directly recognized the elections.” Irakli Kadagishvili asserted that the organization’s final report stated that “Georgia has an elected government, and elections were held.”

Parliamentary Elections

In reality, it is not the function of OSCE/ODIHR to recognize parliamentary elections or the legitimacy of a government. The organization has repeatedly stated its mission, and in a December 20, 2024 press release about Georgia, it once again clarified that its mandate does not include recognizing elections. OSCE/ODIHR assesses the extent to which elections meet international standards. In the final report published at the end of last year, the observation mission mentioned multiple violations both on the election day and before that.

On April 10, the Parliamentary Assembly of the Council of Europe (PACE) adopted a resolution on Georgia. According to the text of the resolution, PACE expressed deep concern over democratic backsliding and the political crisis in Georgia. It also noted a lack of progress in key areas, such as the release of “political prisoners” and the creation of a fair electoral environment. The Parliamentary Assembly mentioned recent legislative changes in Georgia that undermine democratic processes and civil liberties, including restrictions on media freedom and the right to protest. The latest resolution from PACE once again called on the Georgian Dream party to fulfill the recommendations of previous resolutions, including Resolution 2585, which proposes the release of demonstrators detained during protests and the scheduling of new parliamentary elections as prerequisites for recognizing the legitimacy.

Members of the Georgian Dream party are using OSCE/ODIHR’s report to counter this resolution, claiming they were legally elected and that PACE’s resolution is unfair. However, it is beyond the mandate of the observation mission to recognize whether the results of elections or governments in various countries are legitimate.

  • Can OSCE/ODIHR Recognize Government Legitimacy?

OSCE/ODIHR does not assess the legitimacy of governments and does not recognize (or deny recognition of) elections. This is beyond the mandate of an observation mission. The organization, including in its statements about Georgia, has repeatedly clarified that it does not have the authority to recognize elections or determine their legitimacy.

On September 12, 2024, OSCE/ODIHR opened its mission to observe Georgia’s parliamentary elections. According to the statement, “The mission will assess the conduct of the elections for its compliance with OSCE commitments and other international obligations and standards for democratic elections, as well as with national legislation.”

On December 20, 2024, when OSCE/ODIHR published its final assessment of the elections, it published a press release in which it again clarified that its mandate does not include recognizing elections. The press release stated, “In line with its mandate, ODIHR does not recognize or endorse elections. Instead, ODIHR provides a comprehensive and impartial assessment of the electoral process based on universal principles, international obligations, and the commitments to hold democratic elections made by all OSCE states.”

Thus, the OSCE/ODIHR observation mission does not recognize the legitimacy of governments but evaluates whether elections held in a country align with international standards.

  • What Does the OSCE/ODIHR Report Say About the October 26 Election?

OSCE/ODIHR published its final report on the October 26 elections at the end of last year. The report negatively assessed a number of aspects of the electoral process. It stated that the parliamentary elections were competitive, meaning that electoral subjects were able to participate in the elections and conduct their campaigns. However, the report highlighted issues that undermined the competitiveness of the electoral environment, including the misuse of administrative resources, voter intimidation and bribery, difficulties in voting, and violations of voting secrecy. The report also discussed financial inequality among political parties. According to OSCE/ODIHR, the ruling party benefited from both state funding and private donations, which gave it a significant advantage and made the electoral environment unfair. The report also criticized several legislative changes adopted before the elections, stating that they significantly compromised the impartiality of the Central Election Commission (CEC) and gave the ruling party control over its members and the position of the deputy chairperson.

Shortly after the OSCE/ODIHR final report was released, members of the Georgian Dream party claimed the organization had recognized the legitimacy of the elections, citing the competitiveness of the elections as evidence. At the time, Myth Detector reviewed the report and concluded that OSCE/ODIHR had pointed out numerous flaws.

After the elections, many disinformation claims circulated about OSCE/ODIHR’s report. Members of the Georgian Dream party used the report to claim their own legitimacy. Questionable claims about the observation mission had previously been fact-checked by Myth Detector as well.

Topic: Politics
Violation: Manipulation
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