Opinion: 'Even Ivanishvili is unhappy with situation in Georgia — because he is afraid'
Georgia constitution author on Grants Law
Vakhtang Khmaladze, one of the authors of Georgia’s constitution, said that the proposed amendments to the Grants Law are unconstitutional because they violate the principles of the rule of law.
In his view, the government’s decision to push through the new legislative changes is driven by fear of losing power.
Georgian Dream is continuing to tighten laws on what it calls “foreign funding”. Under the new rules, any cooperation with foreign foundations or legal entities without government approval would become a criminal offence. The move seeks to block all channels of foreign funding in Georgia, including alternative mechanisms that civil society organisations developed after earlier legislative changes. In response, 23 member states of the Organization for Security and Co-operation in Europe triggered the so-called Moscow Mechanism — a tool used when there are concerns about a serious deterioration in a country’s human rights situation.
Vakhtang Khmaladze said:
“I read the amendments to the Grants Law. I barely had the strength to finish them. The foundation of these amendments is unconstitutional, and everything built on that foundation is unconstitutional.
For example, our constitution states that Georgia is a country governed by the rule of law. For this to be true, one of the essential conditions is the principle of predictability. If you adopt a law, everyone who reads it should understand it in the same way. This law is unpredictable.
If I do not understand what is forbidden, a government that adopts such a law turns me into a potential criminal.”
Vakhtang Khmaladze said the driving force behind the law was fear.
“The reason for this law, which is obvious to me, is fear. Our country has reached a point where everyone is dissatisfied — even the dictator himself, because a dictator is far more afraid than his victims. Above all, he fears his own inner circle, which could betray him.
Every dictator has been overthrown by his own entourage, which is why no one is truly secure under a dictatorship. What are they afraid of? Losing power — because losing power is likely to lead to the confiscation of what has been stolen and even to prison sentences for their leaders. Fear makes them cling to power like animals.”
Georgia constitution author on Grants Law
