On the basis of the request of the Public Defender, OSCE/ODIHR prepared a legal opinion on the organic laws related to the abolition of gender quotas, negatively evaluating them and finding them inconsistent with international human rights standards related to the elimination of discrimination against women in political and public life. The Parliament of Georgia considered the relevant draft laws in an expedited manner, in 4 days, and passed them in the final, third reading on April 4, 2024, and later, on May 15 it overrode the President’s veto.

According to the opinion, the quota system aims to achieve de facto equality and helps to gradually increase the representation of women in the country. In this context, there is no evidence to suggest that the abolition of gender quotas was necessary on the basis of constitutionality, compliance with international obligations, inefficiency or because it was no longer necessary. Although the gender balance had been slowly but gradually improving in the Parliament of Georgia due to the introduction of mandatory gender quotas and financial incentives, it still remains low compared to other countries in the OSCE region and does not reach the target indicators provided by international or regional standards or recommendations.

The opinion draws attention to the fact that the Explanatory Notes in support of the draft law do not provide concrete evidence, data or facts, or in-depth analysis of the operation of gender quota mechanisms or possible alternative, and fail to make a convincing case on the necessity for the abolition of electoral gender quotas and of the financial incentives for political parties.

OSCE/ODIHR also draws attention to procedural deficiencies in the manner in which the amendments have been introduced, through urgent proceedings and without adequate and inclusive participation of and consultation with all relevant stakeholders, the negative aspects of changing the essential elements of electoral system close to the election, and non-consideration of the principle of stability of electoral legislation.

The opinion provides a detailed review of international obligations in the area of promoting gender equality in political and public life, as well as specific recommendations.