Opinion: 'If it’s used against NGOs, it’s no longer American law — it’s Ivanishvili’s FARA’
FARA in Georgia
According to Nino Dolidze, head of the International Society for Fair Elections and Democracy (ISFED), Georgian civil society is seen as a threat by the ruling Georgian Dream party and its unofficial leader Bidzina Ivanishvili. That is why, she says, they are actively seeking ways to suppress it.
Speaking on Daily Newsroom, Dolidze said that if the Georgian version of the US FARA (Foreign Agents Registration Act) is implemented the same way it is in the US, it wouldn’t affect NGOs or media organisations at all. However, if the Georgian government uses it against the media and NGOs, “it won’t be the American FARA anymore — it will be Ivanishvili’s FARA.”
The Georgian Centre for Social Justice also argues that a reasonable interpretation of FARA would exclude media and NGOs from its scope. However, it notes that Georgian Dream clearly sees the law as a tool for gaining control over the press and the non-governmental sector. The organisation points out that the original context of FARA’s adoption in 1938, its legal evolution, and judicial practice in the US show that the law is not about ensuring transparency of funding for independent civic and media groups, but about regulating agents acting on behalf of hostile foreign powers.
“In the US, this law is not applied against independent NGOs or media organisations that operate in line with their statutory goals.
And we believe that, in essence and content, it doesn’t apply to us in Georgia either—not to ISFED, nor to other non-governmental or media organisations. Our goal is Georgia’s democratic development, which is why we believe it’s irrelevant to us,” said Nino Dolidze.
She pointed out that Georgian Dream has justified its intention to pass this law by claiming that previous legislation on the matter didn’t work. In Dolidze’s view, this is further evidence that the party’s real aim is to use FARA against Georgia’s civil society.
“Of course, we will continue our work and won’t limit or stop it because of a law that doesn’t apply to us. We’re not afraid of this law—or any law—because we act in good faith.
But if we are prosecuted under a law that doesn’t concern us, then that would be political persecution and an abuse of power. And we cannot rule out that possibility,” she added.
