Council of Europe commissioner urges Georgia against "foreign agents" law

JAMnews

Tbilisi

EU opposes “foreign agents” law in Georgia

Council of Europe commissioner for Human Rights, Michael O’Flaherty, has sent a letter to the speaker of the Georgian parliament, Shalva Papuashvili, urging against the consideration of the draft law “On Transparency of Foreign Influence.”

Dated April 11th, the letter requested copies to be distributed to all parliament members. However, as stated by opposition “Lelo” party member Ana Natsvlishvili during a session, the letter only became known today, April 16th.

“I am concerned about the inconsistency of the ‘Dream’ initiative with human rights standards, freedom of assembly and association, and freedom of expression, including the negative impact that the adoption of the draft law may have on the work of the media and civil society organizations, especially those dealing with human rights, democracy, and the rule of law,” the letter reads.

The Council of Europe commissioner also refers to the negative decision of the European Court of Human Rights regarding a similar law in Russia. The decision notably states that for NGOs to fulfill their role as “watchdogs of society,” they must have the freedom to seek and receive funding from various sources.

Furthermore, Michael O’Flaherty points to the European Convention on Human Rights, stating that any restriction on the freedom of association must be established by law.

“If this law is adopted, its implementation is likely to lead to the stigmatization and discrediting of NGOs and media receiving foreign funding. This may hinder or make their activities impossible. The legal framework regulating the legitimate activities of non-profit organizations should include provisions that are non-discriminatory and should always be based on clear and impartial standards of transparency and accountability, regardless of the sources of their funding,” the Council of Europe commissioner states in the letter.

● On April 15th, the legal committee of the Georgian parliament supported the first reading of the so-called “Russian” law, initiated for the second time in a year by the ruling party “Georgian Dream.” Today, April 16th, the bill is being considered in the first reading. According to the chairman of the committee, Anri Okhanashvili, alternative bills initiated by the opposition were rejected.

● On April 3, it became known that the ruling party “Georgian Dream” initiated the consideration of the draft law “On the Transparency of Foreign Influence” for the second time.

● The government’s main argument is that the transparency of non-governmental organizations operating in Georgia is in question, posing a threat to the country’s security. However, neither independent experts, nor the opposition, nor civil society believe this argument and consider that “Georgian Dream” is attempting to prolong its stay in power and laying the groundwork for the parliamentary elections in October 2024 to suppress alternative views in the country.

● The draft law on “foreign agents” was first initiated by the ruling party a year ago, in March 2023. At that time, it was passed by parliament in the first reading but was later withdrawn due to mass protests by citizens.