Council of Europe expert committee: “It would be advisable to repeal Georgia’s FARA law”

to repeal Georgia’s FARA law

On 25 August, the Council of Europe’s expert committee published its opinion on Georgia’s “foreign agents registration law” (FARA). The experts said the law would cause serious and unjustified harm to the country’s civil society and that “it would be advisable” to repeal it.

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The committee noted that a number of provisions in the law restricting fundamental rights and freedoms are insufficiently detailed, and raised serious doubts as to whether the application of some of them has a legitimate aim under European standards.

In their assessment, the measures set out in the law would seriously affect the right to freedom of association and several other rights guaranteed by the European Convention on Human Rights. They argued that many of the provisions do not meet the requirements applied when imposing restrictions on such rights and freedoms.

In its opinion, the committee concluded that the FARA law would cause “serious and unjustified” harm to Georgia’s civil society and would be incompatible with the country’s obligations as a member state of the Council of Europe.

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The opinion said the measures set out in the law could not be considered necessary in a democratic society, given the excessive requirements to disclose personal data, the unlimited scope for requesting additional information, the complex reporting system and the disproportionate level of potential fines. These measures, it said, do not meet the standards of what can be considered necessary in a democratic society.

“In such circumstances, implementing the act would cause serious and unjustified harm to Georgia’s civil society, would be incompatible with the wide range of obligations undertaken by the country as a member of the Council of Europe, and would therefore be wholly inappropriate.

Accordingly, it would be advisable to repeal the law and to end any steps aimed at ensuring the implementation of its provisions,” the experts concluded.

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“The law threatens Georgia’s path to the European Union. The responsibility lies solely with the Georgian authorities.”