Public Outcry and Political Maneuvering: Georgia's Foreign Agents Law Revisited

| News, Politics, Georgia

Recently, Mamuka Mdinaradze, the parliamentary majority leader of the Georgian Dream party, announced the reintroduction of the draft law on foreign agents, now titled "Organization Carrying Out the Interests of a Foreign Power," which had been previously withdrawn due to protests. The legislation, aimed at increasing the transparency of foreign influence, retains its original content but changes terminology based on public feedback, requiring organizations receiving foreign funds to disclose their financial reports, with penalties for non-compliance. The Georgian Dream party reiterated concerns about NGO transparency, citing events over the past years, accusing NGOs of political manipulation, revolutionary agendas, and collaborating with the National Movement to overthrow the government, while also criticizing foreign-funded extremism and interference in elections. Despite previous criticism and protests, the party argues for the necessity of transparency in foreign funding and vows to address misinformation spread about the law through meaningful discourse.

Reaction in Georgia

On the same day, the Georgian National Platform of the Eastern Partnership Civil Society Forum (EaP CSF GNP) terminated the Memorandum of Cooperation with the Parliament following the ruling party's decision to reintroduce the draft law on foreign agents. In their statement, nearly 200 Georgian organizations expressed their insult by the ruling party's reversal of its promise made last year not to reintroduce the draft law on foreign agents. They emphasized that "the reintroduction of the draft law by the ruling team is incompatible with the state interests, culture, and Georgian traditions." Highlighting the act of breaking a promise as characteristic of Russian policy, the statement underscored its damaging effect on Georgia's reputation and each of its citizens. It was stated that the reintroduction of the draft law contradicts Georgia's European integration efforts and risks undermining the historical aspiration of the Georgian people to become a member of the European Union. The Platform recounted its efforts to engage in active dialogue with the Parliament for Georgia’s EU integration, even signing a Memorandum of Cooperation positively assessed by the EU. However, following the GD’s decision, the Platform chose to terminate the Memorandum and urged the government to cease sabotaging Georgia’s Western future, calling on the government to withdraw the initiation of the draft law. Concluding with a resolute stance, the member organizations of the Georgian National Platform reaffirmed their commitment to defending European integration, democracy, freedom, justice, equality, and Georgia’s national interests. They declared their unwavering determination to safeguard the European future won through many generations of struggle.

On April 4, seven opposition parties, comprising Ahali, Girchi-More Freedom, Droa, the United National Movement, Lelo for Georgia, the Republican Party, and Strategy Aghmashenebeli, jointly issued a statement condemning the reintroduction of the "foreign agents" law as a "betrayal of Georgia’s European path." The statement denounced the Georgian Dream for breaking its promise to the citizens of Georgia and strategic partners, deeming it a mockery of the young people who defended the country's historic choice one year ago, thereby preserving the chance for Georgia to become a full-fledged member of the European Union. "At this historic moment, change must be a top priority for each of us," the opposition parties emphasized in the statement. They called for a change leading to multi-party, democratic governance and ensuring Georgia's return to the European family. They argued that the Georgian Dream's sole objective is to retain power and the property acquired through corrupt, anti-state activities, asserting that the ruling party 'has become completely devoid of European values and principles.'

Reaction from Russia

On April 4, Dmitry Peskov, the Kremlin spokesperson, defended the reintroduction of the Foreign Agents law by the Parliamentary majority in Georgia, asserting that 'no sovereign state wants interference from other countries in domestic politics. This is normal practice.' Addressing the opposition's sharp reaction to the plans, Peskov suggested a need for a more active explanation regarding the supposed absurdity of labeling the law a Russian project. He noted, "The first country that came up with a system for combating foreign agents is the United States," emphasizing that adopting such laws is now a global practice, with almost all countries combating individuals influenced by or receiving funds from foreign states. Highlighting the importance of stability and predictability in Georgia, Peskov reiterated, "Georgia is our neighbor. It is in our interests that the situation in Georgia is stable and predictable."

Reaction from the West

On April 3, US Senators Jim Risch, ranking member of the Senate Foreign Relations Committee, and Jeanne Shaheen, Chair of the Subcommittee on Europe and Regional Security Cooperation, issued a statement condemning Georgia's reintroduction of a Russian-style foreign agent law. "Not only would this draft law lead the political process in the wrong direction, but it would harm Georgia’s transatlantic integration and its future in the European Union," they emphasized. "It is incredibly disheartening to see the Georgian government bring back the foreign agents law. All this does is further divide the country," the statement expressed, echoing concerns over the law's resemblance to Russia's measures aimed at stifling civil society and political opposition. Highlighting the rejection of the proposed law by the Georgian people through mass demonstrations in March 2023, the U.S. Senators emphasized the significance of the upcoming elections in October as a crucial indicator for Georgia’s democratic future. They strongly urged the Parliament to reject the proposal, underscoring its potential detrimental impact on Georgia's democratic progress.

On April 4, the European Union issued a statement expressing deep concern over the Parliamentary majority's reintroduction of the Foreign Agents bill in Georgia. "The announcement by the ruling party in Georgia to re-introduce a draft law on 'Transparency of Foreign Influence' raises serious concerns," the statement emphasized. The EU stressed that "transparency should not be used as an instrument to limit civil society’s capacity to operate freely," urging the Georgian authorities to prioritize reforms aligning to join the European Union, as strongly supported by a vast majority of Georgian citizens. Expressing regret over the reconsideration of the bill despite widespread public and international opposition in March 2023, the EU recalled the ruling party’s previous commitment to unconditionally withdraw such legislation. The statement underscored that fostering an enabling environment for civil society organizations and ensuring media freedom are fundamental to democracy, as well as crucial for Georgia's EU accession process. Highlighting Georgia's candidacy status, granted with the understanding of implementing defined steps by the European Commission, the EU pointed out Step 9's recommendation for Georgia to ensure the free operation of civil society, and Step 1's call to combat disinformation against the EU and its values. In a firm call to action, the EU urged Georgia to uphold its commitment to promoting democracy, the rule of law, and human rights, reiterating the significance of these principles in the context of Georgia's aspirations for EU integration.

On the same day, NATO Secretary General Jens Stoltenberg expressed concern over the reintroduction of the draft law, stating, "This will actually contradict the whole effort of strengthening the democratic institutions in Georgia." He emphasized the importance for Georgia to work on reforms to align itself closer with NATO and the European Union. Stoltenberg recalled his recent visit to Tbilisi, where he highlighted the significance of reforms and the strengthening of democratic institutions. He noted that the Georgian people have expressed their desire for a democratic and prosperous future within the European and Euro-Atlantic family. Stoltenberg warned that any law introducing the idea of foreign agents could have a significant impact on media outlets operating internationally and within Georgia. He cautioned that such a law could undermine the goal of making Georgia a strong democratic society.

On April 4, the Parliamentary Assembly of the Council of Europe (PACE) monitoring co-rapporteurs for Georgia, Claude Kern (France, ALDE) and Edite Estrela (Portugal, SOC), expressed "deep concern" over the ruling Georgian Dream’s decision to re-table the Foreign Agents law. They urged the Georgian authorities “to withdraw this draft from the parliamentary agenda.”

On April 5, US State Department Spokesman Matthew Miller issued a statement expressing the United States' 'deep concern' over the ruling party's reintroduction of the Foreign Agents Bill, a year after it was dropped following mass protests. "We are deeply concerned that draft legislation introduced into Georgia’s parliament will derail Georgia from its European path and harm civil society organizations improving the lives of Georgian citizens. We urge the government of Georgia to advance its EU aspirations," the press statement from Spokesperson Miller reads.

On the same day, the German Foreign Office reacted to the re-tabling of the Foreign Agents law in Georgia with "alarm" and "regret." According to the agency, Foreign Office Spokesperson Sebastian Fischer emphasized that "Freedom of the press and media... are the foundations of any democracy and important preconditions for joining the EU," a fact known to Georgian counterparts. He also reportedly stated that whether Georgia will lose its membership chances if it adopts the law would be decided in consultation with other EU members. Additionally, Christiane Hoffmann, First Deputy Spokesperson of the Federal Government and Deputy Head of the Press and Information Office of the Federal Government was quoted by DW as saying that the German Government is "quite regretful" about the government bringing back this controversial legislation. She reminded that “the government promised to unconditionally pull this draft law from the agenda.”

Additionally, the Chairpersons of the Foreign Affairs Committees of twelve European states issued a joint statement expressing "deep concern" over the reintroduction of the "so-called Russian law on foreign agents" in Georgia. They described it as a "hostile step against the European aspirations of the Georgian people and their future" and urged the Government to withdraw it from parliamentary consideration. The Chairpersons criticized the law as "designed to stigmatize and weaken Georgia’s vibrant pro-European civil society and NGO sector," asserting that it "severely undermines Georgia’s hard-won European perspective and candidate status." They emphasized that an enabling environment for independent associations and media is fundamental to democracy and crucial for the success of Georgia’s European integration. Highlighting Georgia's status as an EU candidate country, the Chairpersons reminded that it was granted on the condition of implementing 12 steps outlined by the European Commission, with only three steps implemented to date. They underscored that the remaining conditions include the freedom of operation of civil society and the fight against disinformation against the EU and its values. The Chairpersons urged the ruling Georgian Dream party to withdraw the law from parliamentary deliberations, reaffirming their support towards Georgia’s EU aspirations. They emphasized their expectation for Georgia to uphold its commitment to the promotion of democracy, the rule of law, and human rights. They expressed hope that the Georgian government would demonstrate maturity and determination to integrate into European and Euro-Atlantic institutions, guided by the values of Western liberal democracy, as the future of the Georgian people is at stake.

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