CIVICUS speaks with Nino Samkharadze, policy analyst at the Georgian Institute of Politics, about the controversial ‘foreign agents’ law just passed in Georgia.
The Georgian Institute of Politics is a Tbilisi-based non-profit, non-partisan research and analysis organisation dedicated to fortifying the foundations of democratic institutions and effective governance in Georgia.
What’s the purpose of Georgia’s law on foreign agents?
According to the government, the Law on Transparency of Foreign Influence, which has just been passed by parliament, aims to increase the transparency of civil society’s operations by requiring civil society organisations (CSOs) to disclose their sources of funding and provide details about the nature of their activities.
In its transition from the post-Soviet era, Georgia faces economic and political challenges. Its evolving democracy is characterised by weak institutions and it’s heavily dependent on support from international sources, including financial grants from the European Union (EU), European states and the USA. The introduction of this law may have been a response to concerns about foreign influence, but it has sparked debate in Georgian society. It poses a threat to the independence and security of CSOs. Its vague language and broad room for interpretation provide the government with opportunities to influence and control civil society, potentially stifling dissenting voices and undermining the positive contributions of CSOs to democratic governance.
Why did the government reintroduce the bill after failing to pass it last year?
The process began with the introduction of a first version of the bill in February 2023. It wasn’t proposed directly by the ruling Georgian Dream party but by People’s Power, a splinter political group closely linked to Georgian Dream and espousing even more radical anti-western narratives. But it was met with considerable domestic and international opposition. Protests erupted in Tbilisi, Georgia’s capital, and criticism came from European institutions and the US government. In response, Georgian Dream announced it would vote against the bill, which ultimately led to its rejection by parliament. Following this failure, Georgian Dream underwent a period of reflection and intensified its propaganda. It softened the bill’s language and tone to make it appear less radical and reintroduced it in April 2024. Soon after, on 14 May, it was passed by parliament.
Georgian Dream came to power in 2012 and is now in an unprecedented third term in office. Since it began its third term in 2020, it has increasingly shown anti-democratic tendencies. With a general election scheduled for October 2024, it’s under increasing pressure as polls indicate a decline in public support. If it doesn’t maintain its majority, it will have to seek cooperation from opposition parties. In this context, the government may see the passage of this law as a way to defuse opposition and strengthen its grip on power.
How do you think the law would affect civil society?
The impacts of the law on civil society are expected to be significant and multifaceted, affecting various dimensions of its functioning and autonomy.
CSOs are likely to be negatively labelled as serving the interests of foreign powers, undermining public confidence in their activities and missions. This labelling could easily lead to stigmatisation and marginalisation, reducing the effectiveness of advocacy efforts and diminishing their influence in the public sphere.
The law’s provisions for extensive monitoring also pose a threat to the autonomy of CSOs and the privacy of their staff. The government’s ability to access and publish personal data, including correspondence and communications, could hamper CSOs’ ability to operate freely and investigate cases of corruption and human rights abuses.
Further, the ambiguity of the law leaves room for interpretation and potential abuse by the government. Similar to the situation in Russia, where laws targeting ‘foreign agents’ have been used to restrict civil society activities, the vague language of the law could allow for further restrictions on CSOs and their ability to operate independently.
The law may also lead to a withdrawal of funding from international foundations and donors. Given the increased risks and restrictions on civil society activities, donors may be reluctant to continue supporting organisations in Georgia, further limiting the resources available for democracy and state-building efforts.
Overall, the draft law poses a threat to the vibrancy and autonomy of Georgian civil society. It undermines the essential role CSOs play in promoting democratic values, defending human rights and holding the government to account. It could have far-reaching consequences for Georgia’s democratic development and its relationship with the international community.
How has civil society reacted?
Georgian civil society has vehemently opposed the bill, seeing it as a dangerous step towards authoritarianism. This law poses a threat to critical voices and raises fears of further concentration of power in the hands of the ruling elite, as has happened in Belarus and Russia.
No wonder the bill is also often referred to as the ‘Russian law’ – it’s seen as a precursor to outcomes similar to those seen in Russia. It’s feared that dissenting voices will be marginalised or silenced under this law, mirroring the situation in Russia where government critics often face persecution or exile. Given the consolidation of the ruling party and the erosion of democratic principles in Russia, there are concerns in Georgia that the ruling party is also seeking to consolidate power and stifle dissent. Despite some differences between both legal texts, the broader implications for democracy and civil liberties are deeply worrying.
Georgian society, known for its pro-European and pro-democracy stance, has taken to the streets to protest against this threat. International partners, including the EU and the USA, have also criticised the law and stressed the importance of upholding democratic values.
How has the government responded to the protests?
The government’s response to the mass protests has been one of dismissal, demonisation and repression.
The government has tried to discredit the protesters, particularly younger people, by suggesting they are uninformed about the law and are being manipulated. However, this is contradicted by the fact that many of the protesters, many of whom are students, are well educated and have a clear understanding of the issues at stake.
The government has also resorted to tactics of repression and intimidation, with reports of regular arrests, beatings and pressure on people associated with the protests. Civil servants, including teachers and academics, have been threatened with the loss of their jobs if they are found to be involved in the protests. This has a chilling effect and discourages dissent.
CSOs have been targeted with demonisation campaigns that portray them as enemies of the country. While there has been no immediate closure or direct pressure on these organisations, the hostile rhetoric and stigmatisation contribute to an environment of fear and intimidation.
This authoritarian approach reflects a concerted effort to stifle dissent and maintain control, even at the expense of democratic principles and human rights. It threatens to further undermine confidence in institutions and exacerbate social and political tensions.
How can the international community best support Georgian civil society?
The international community can play a crucial role in supporting Georgian civil society at this difficult time.
High-level visits and engagement by representatives of the EU and the USA are essential. We hope they’ll lead to tangible measures to hold accountable those members of Georgian Dream who supported this law. This could include the introduction of targeted sanctions against people responsible for undermining democratic principles. In addition, the EU should use Georgia’s official status as a candidate for EU membership to impose conditions of adherence to democratic norms and respect for human rights. Sanctions or other forms of pressure could be imposed if these principles are violated.
It’s also crucial that the EU and the USA continue to demonstrate their unwavering support for Georgia and its pro-European aspirations. Financial assistance and political support are essential to strengthen civil society and maintain momentum in the struggle for democracy. Without this support, civil society risks being further marginalised and weakened by the government.
A combination of diplomatic pressure, conditionality and unwavering support from the international community is needed to support Georgian civil society in its struggle for democracy and human rights.
Civic space in Georgia is rated ‘narrowed’ by the CIVICUS Monitor.
Get in touch with the Georgian Institute of Politics through its website or Facebook page, and follow @GIP_ge and @nincavar10 on Twitter.
