GEORGIA: ‘FOREIGN AGENTS’ BILL TRAMPLES ON RIGHTS BY RESTRICTING FREEDOM OF EXPRESSION AND ASSOCIATION

These bills are incompatible with international human rights law and standards that protect the rights to freedom of expression and association

Georgia’s parliament should firmly reject the two bills it is debating that would require individuals, civil society organizations, and media outlets to register with the Ministry of Justice as “agents of foreign influence” if they receive at least 20 percent of their funds from abroad, Human Rights Watch and Amnesty International said today. If adopted, the bills would also impose additional onerous reporting requirements, inspections, and administrative and criminal liability, including up to five years in prison for violations.

These bills are incompatible with international human rights law and standards that protect the rights to freedom of expression and association.

“The ‘foreign agent’ bills seek to marginalize and discredit independent, foreign-funded groups and media that serve the wider public interest in Georgia,” said Hugh Williamson, Europe and Central Asia director at Human Rights Watch.

The ‘foreign agent’ bills seek to marginalize and discredit independent, foreign-funded groups and media that serve the wider public interest in Georgia

Hugh Williamson, Europe and Central Asia director at Human Rights Watch

“They clearly aim to restrict critical groups and crucial media, violate Georgia’s international obligations, and would have a serious chilling effect on groups and individuals working to protect human rights, democracy, and the rule of law.”

At a joint session of the parliamentary committees to review the bills on 2 March 2023, there were verbal and physical confrontations between members of parliament from the ruling party and opposition parties. There were also peaceful protests against the bills outside the parliament building, resulting in the arrest of 36 people. They were charged with administrative infractions of hooliganism and police disobedience, and later released. Twenty-two people face trials on administrative charges.

On 14 February, a faction in the parliament formed by the members who left the ruling Georgian Dream party but remained in the parliamentary majority, proposed the “On transparency of foreign influence” bill, which requires non-governmental groups, and print, online and broadcast media that receive 20 percent or more of their annual revenue – either financial support or in-kind contributions – from a “foreign power” to register as “agents of foreign influence” with the Ministry of Justice. The bill defines “foreign powers” as foreign government agencies, foreign citizens, legal entities not established under Georgian legislation, and foundations, associations, companies, unions and other organizations or associations under international law.  

Organizations and media outlets registered as an “agent of foreign influence” would be obliged to submit an electronic financial declaration, including full data on the source, amount, and purpose of any money and other material benefits received and spent. This duplicates some reporting obligations to tax and other agencies, and would further put at risk the privacy of those related to the association. The Ministry of Justice would be authorized to investigate and request and study additional information, including personal data. The proponents of the bill have not explained how this duplicative and onerous reporting increases transparency or accountability, but rather appears to be a blatant effort to restrict the ability of associations and media to operate freely and independently, and stigmatize independent groups, Human Rights Watch and Amnesty International said.

The draft bill imposes a fine of GEL 25,000 (US$ 9,600) for evasion of registration or failure to submit the full financial declaration.

The draft bill imposes a fine of GEL 25,000 (US$ 9,600) for evasion of registration or failure to submit the full financial declaration

On 22 February, the same members of parliament registered another version of the bill, which expands the scope of “agents of foreign influence” to include individuals and increases the penalties for failure to comply from fines to up to five years in prison. The bill says that a physical individual or a legal person, on the basis of the “interests of foreign force,” would be considered an “agent” of a “foreign power” if they: participate in ongoing political activities in Georgia; act as a public relations adviser, advertising agent, employee of a news service, or political adviser; or finance various organizations in Georgia, lend money or other property, and represent the interests of a foreign power in Georgia in relations with state bodies. Many of these vague concepts, including “political activities,” are not clearly defined in law and could further restrict the right to freedom of association.

On 27 February, the parliamentary bureau decided to send both bills to the relevant committees for consideration. The ruling Georgian Dream party expressed public support for the bills.

The bills have triggered strong criticism from Georgian civil society groups, multilateral organizations, and bilateral partners. In a joint statement, about 400 local non-governmental groups and media outlets said that the adoption of the bill would amount to “an attack on the core Georgian values of dignity, independence and solidarity” and would harm the people of Georgia.

The United Nations in Georgia expressed “profound concern” on 26 February, noting that, if adopted, the law “is likely to impede the work of the UN to implement” its sustainable development program. The US and EU ambassadors, the spokespersons for the EU high representative, Josep Borrell, and the US State Department have also criticized the bill,  saying  that it is incompatible with Georgia’s Euro-Atlantic aspirations. In a 28 February open letter, the Council of Europe human rights commissioner, Dunja Mijatović, said that the law could have a serious chilling effect on the work of civil society organizations in Georgia.

President Salome Zurabishvili said that she would veto the law, as she “cannot support such legislation and persecution of new agents.”