Venice Commission urges Georgia to repeal "foreign agents" bill

Venice Commission to Georgian Dream

The Venice Commission published its opinion on Georgia’s “foreign agents” bill, adopted on May 14, and strongly recommended that the authorities “repeal the law in its current form.”

Key points from the commission’s report:

• The fundamental flaws in the current version of the law will have significant negative consequences for freedom of association and expression, privacy, and participation in public affairs.
• Ultimately, this will impact open, informed public debates, pluralism, and democracy.
• Existing Georgian legislation already requires organizations to register and report their funding sources, and no convincing explanation has been provided as to why this is insufficient for ensuring transparency.

"They speak the language of blackmail." Georgia's government response to the US proposal

“The US could ensure a change in NGO behavior, particularly stopping their policy of not recognizing the legitimacy of the Georgian government and abandoning revolutionary plans”.

• The law, purportedly aimed at ensuring transparency, objectively poses a risk of stigmatization, silencing, and ultimately eliminating organizations and media that receive even a small portion of their funds from abroad.
• There is a serious risk that organizations and media critical of the government will be affected, and their removal would negatively impact open, informed public debates, pluralism, and democracy.
• The Venice Commission recommends that Georgian authorities abandon the special registration regime, reporting requirements, and public disclosure mandates for civil society organizations, online media, and broadcasting companies receiving foreign support, including administrative sanctions.
• Designating organizations as pursuing the interests of a foreign power under the law has serious consequences, undermining their financial stability, credibility, and activities.

“If the existing provisions prove insufficient, Georgian authorities should consider amending current laws in line with European and international standards. Specifically, genuine representational (lobbying) activities on behalf of foreign countries could be regulated according to European standards if the current legislation proves inadequate,” the Commission’s opinion states.

The Venice Commission concludes that the legal restrictions on freedom of expression, association, and privacy are incompatible with Articles 8(2), 10(2), and 11(2) of the European Convention on Human Rights, as well as Articles 17(2), 19(2), and 22(2) of the International Covenant on Civil and Political Rights, because the law does not meet the requirements of legality, legitimacy, necessity, and proportionality in a democratic society, nor the non-discrimination principle outlined in Article 14 of the European Convention on Human Rights.