In short:
- On June 3, Georgia introduced a controversial law on abroad agents, despite mass protests, veto president Salome Zurabishvili and criticism from Western countries.
- The law defines a abroad agent as an organization that receives more than 20% of abroad funds, mainly from the US and the EU. It does not mention measures from Russia.
- The adoption of the law raises concerns about the weakening of civilian society and democracy in Georgia, as was the case in Russia. This law is so referred to as Russian law.
- The global responses, peculiarly from the EU and the US, were clearly negative, which could affect Georgia's future relation with the West and its aspirations to join the EU.
Introduction
One step forward and 2 steps backwards – this is how Georgia's aspirations to join the European Union and the collective West can be described. The Georgian dream of joining the EU and of cutting off Russian influence will not shortly come true. The Georgian Dream Party, which has ruled Georgia since 2012, is constantly writhing between pro-European politics and a clear negative attitude towards European values. The last example of this is the vote of the controversial abroad Agents Act on multi-thousand demonstrations and criticism of Western countries. Parliament yet adopted the draft on 14 May with a majority of 84 to 30. Then, Georgia's president Salome Zurabishvili vetoed the bill on May 18. However, in the end, 10 days later on 28 May the Georgian parliament rejected the presidential veto.
Foreign Agents Act:
NGOs (NGOs) have an crucial function in shaping civilian society, especially in developing countries and where the experience of democracy is limited. Georgia is an excellent example of this. In 2012, civilian society and NGOs had a clear impact on voters' cognition and on election monitoring.[1] From the position of the ruling Georgian party, Dreaming NGOs mostly support the opposition, and in peculiar the United National Movement founded by Micheil Saakashvili in 2001.[2] In addition, Georgian Dreams believes that through these US and EU organisations they intervene in the interior affairs of Georgia, weakening the ruling organization and Georgian Orthodox Church. Importantly, NGOs in Georgia receive 90% of the funds from abroad.[3] The link between Georgian NGOs and institutions from another countries is visible, but in itself this relation is not bad. Their actions support, among others, Georgians surviving below the poorness threshold. [4]
Chronology of events:
The Georgian Dream organization originally attempted to implement the abroad Agents Act as early as March 2023. However, then the organization withdrew this thought due to the outbreak of mass protests against it already a period after the first proposal of the bill.[5] On 2 March 2023, during a joint debate with the committees examining the fresh legislation, a fight broke out between opposition politicians and the politicians of the ruling party.[6]
A year later On April 3, 2024, the Georgian Dream organization announced that it wanted to re-examine the abroad Agents Act. This time, the text uses the word “foreign agent” alternatively of “an organization acting on the slaughter of abroad forces”.[7] The bill was officially registered in the Georgian Parliament on 8 April.[8] Protests against the bill began on 15 April in front of the parliament building. On the same day another fight broke out in parliament. Opposition MP Aleko Elisashvili, head of the Citizens (Citizens) party, attacked Mamuk Mdinaraga, the majority leader in the parliament.[9]
On 16 April, the first draft bill was voted by a majority of 78 to 25.[10] The following day, about 35,000 protesters took to the streets in Tbilisi. The Georgians continued the protests for the next twelve days.
The EU's consequence did not take long and, on 25 April, the European Parliament passed a resolution on renewed attempts to pass a abroad Agents Act in Georgia and the resulting restrictions on civilian society (2024/2703(RSP). [11].
On April 28, about 60,000 people participated in a demonstration march to the Georgian parliament.[12] Despite this, the deputies passed the bill on 14 May with a majority of 84 to 30.[13]
On 14 May, Latvian, Estonian, Icelandic and Lithuanian abroad ministers joined the protesters. [14] On the another hand, president Salome Zurabishvili vetoed the bill on May 18.
10 days later on May 28, Georgian parliament rejected the presidential veto. Granted, president Salome Zurabishvili may refuse to sign the bill again, but Parliament has 1 last word anyway.[15] The bill was yet signed on June 3 by Parliament president Shalva Papuashvili.
Foreign Agents Act:
Georgian law defines a abroad agent as a non-commercial entity who receives more than 20% of its resources from abroad or abroad forces. Whether the funds are sent by companies, foundations, governments or average people. In practice, this means that any organisation raising funds from another country will be considered as a abroad agent. However, what is crucial is that the law defines only measures from the United States and the EU. There's not a word about Russian resources. [16] So I treat the US and the EU as hostile countries, even though Georgian Dreams say they want to proceed to strengthen their relation with the EU.
Critics of the Act believe that it violates the human rights mentioned, for example, in the European Convention on Human Rights and the global Covenant on civilian and Political Rights. Georgia signed both texts.[17] There are besides legitimate concerns that the bill will practically ban NGOs, as was the case in Russia. Importantly, the text of the Georgian Act resembles the text of the Russian Act, and in any places the Georgian Act is even more severe than its Russian equivalent. For this reason, this government is frequently called Russian law.[18]
Opponents note that the elimination of NGOs will negatively affect the improvement of democracy in Georgia and push Georgia back into the Russian sphere of influence. However, according to supporters of the bill, it will aid track the flow of abroad funds in Georgia. However, this argument is problematic as the Act presently only refers to US and EU funds. Furthermore, those who support the fresh government say that it will aid defend Georgian traditions and national identity from Western influences, and in peculiar LGBTQ propaganda.[19] However, examples from Russia show that the abroad Agents Act has a destructive impact on democracy and freedom of speech and are more useful in building an authoritarian strategy of power.
Inspiration from Russia
Although the United States has introduced the first law on abroad agents, it is only Russia that has utilized the right to remove the function of civilian society and NGOs. Georgian bill is just closer to this Russian form [20]. For this reason, in order to better realize why the bill is so dangerous to civilian society, it is worth reading the consequences of Russian law.
Russia introduced abroad agents law in 2012 in consequence to thousands of protests in Błotny Square in Moscow. The law in its current form includes NGOs, media and individuals who receive abroad funds. The body found guilty must include its position in each publication. In this sense, Alexey Navalny was most likely the most celebrated abroad agent.
According to the study created for the European Parliament, Russian law is applied in a very arbitrary way to opposition organisations or LGBTQ rights. The study mentions that half of the organizations recognised as abroad agents are closing down due to the fact that further action is decently impossible.[21]
In the defence of any NGOs, the European Court of Human Rights intervened, for example, in the case of Ecodefence and Others v. Russia – 9988/13, 14338/14, 45973/14 et al.[22] The Court besides criticised the Russian authorities' approach to de facto qualifying any activity as political action. In this context, the introduction of a akin law in Georgia is very detrimental to the improvement of civilian society and NGOs. This bill can be actually utilized by the government to destruct the influence of opposition as it did in Russia.
Response in Georgia
Already in 2023, on the first effort to pass the Georgian bill, many of them went to the streets of Tbilisi. The government then bowed to the force of protesters and withdrew from the effort to pass the bill. A year later, the Georgian government and organization of Dreams no longer weighed for thousands of manifestations against the bill. Interestingly, despite the greater mobilisation of society, there is inactive no sign of leaders of the protest movement.[23]
Many Georgians support the abroad Agents Act as a mechanics to defend Georgian conventional values. Supporters of the Georgian Dream organization believe that Georgia will stay free from the ‘propaganda LGBTQ’ and the revolution of abroad forces. This is worth recalling the opinions of Bidzin Ivanishwilli, the founder of the Georgian Dream party, that NGOs are liable for driving Georgia and Ukraine into war with Russia. According to Ivanishvili NGOs besides operate for “the global organization of war”. [24]
So we are dealing with 2 utmost sides: a pro-European opposition and a ruling pro-Russian organization protecting Georgia from abstract threats. Unfortunately, polarisation will increase, especially as Georgian Dreams proceed to be the favourite of October elections.
International reaction
Already in 2023, the abroad consequence to the bill was powerfully negative. The United Nations in Georgia, the US and EU Ambassadors and the Human Rights Commissioner to the Council of Europe expressed concern. [25] A year later, the Western reaction was equally critical.
On 25 April, the European Parliament voted on the criticism resolution reopening the effort to pass in Georgia the abroad Agents Act and the ensuing restrictions on civilian society (2024/2703(RSP)). Following the rejection of the veto, the EU advanced typical for abroad Affairs and safety Policy Josep Borrell announced that the European Commission would consider all the responses to the bill. On the another hand, the U.S. Department of State has announced that the US is considering a “gruntly revision” of the relationship.
On the another hand, Grigorij Karasin, president of the Committee on global Council of the Russian Federation, full supported the Georgian bill and praised the Georgian government.[26] For Russia, the Georgian bill is simply a sign that it can regain Georgia's sphere of influence. Interestingly, Tibis is no exception to the passing of this bill. akin government was besides proposed in Kyrgyzstan and Hungary. [27]
Consequences?
The entry into force of the abroad Agents Act threatens human rights expressed, among others, in the European Convention on Human Rights. In particular, this concerns the right to freedom of expression and association. The passing of the law besides distances Georgia from the EU and the Western world. There is simply a step towards authoritarianism to the degree of Russia. As a result, Georgia's chances of joining the European Union are decreasing, after Georgia received EU candidate position only in December 2023. This is crucial adequate that 80% of Georgia's population supports joining the community.[28] The EU can besides consider sanctions and suspend work on visa waiver for Georgians in consequence to the anti-European law.[29]
In addition, according to Ivan Nechepurenko of the fresh York Times, the Georgian Act may even further exacerbate the already tense situation in the South Caucasus due to conflicting interests of Russia, Turkey, Iran and the West [30]. This is an chance for Russia, which can usage increasingly anti-Western rhetoric in Georgia to renew its sphere of influence in the region, especially erstwhile relations with Armenia due to the war in Nagorno-Karabakh are in a historically bad situation.
Inside Georgia, the popularity of the Georgian Dream organization suffered. According to the Carnegie Institute, demonstrations involving as many as 100,000 people in the country with highly divided opposition and political apathy show that this bill is definitely not liked by society. [31] Nevertheless, in the long term, if Georgian Dreams manage to silence NGOs before October parliamentary elections, it will benefit from this bill. On the another hand, we cannot regulation out a situation where the act will motivate the Georgian opposition and supporters of European integration to unite. The natural leader of the mobilized opposition may be the President
Conclusion
The next parliamentary elections will be held in Georgia on 26 October 2024. Then we will truly see if the introduction of the abroad Agents Act helped or harmed the Georgian Dream parties. Until then, the actions of the Georgian opposition should be observed. According to Maia Nikolaga and Ana Lejava, Europe and the United States should support Georgians in their European dream.[32]
The next step by the Georgian authorities and the result of the October elections will find whether Tibis will return to European integration or decision towards authoritarianism. The situation besides raises a number of questions: is the law on abroad agents a universal mechanics for eliminating civilian society and the first step towards authoritarianism? and how can we defend ourselves from this?
Bibliography:
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[2] Avdaliani, E. (2024, May 17). Georgia’s abroad Agent Law Could Presage a Geopolitical Realignment. Carnegie Politika. https://carnegieendowment.org/russia-eurasia/politika/2024/05/georgia-protests-geopolitics?lang=en [accessed 31.05.2024]
[3] Nikoladze, M., & Lejava, A. (2024, May 18). Why Georgia’s rolling organization is pushing for the abroad agent law—and how the West should respond. Atlantic Council. https://www.atlanticcouncil.org/blogs/new-atlanticist/why-georgias-ruling-party-is-pushing-for-the-foreign-agent-law-and-how-the-west- Should-respond/ [accessed 31.05.2024]
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[7] Light, F. (2024, April 3). Georgia’s riling organization to reintroduce aborted bill on “foreign agents.” Reuters. https://www.reuters.com/world/europe/georgias-ruling-party-says-its-reintroducing-raft-law-foreign-agents-2024-04-03/ [accessed 31.05.2024]
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