Freedom of association
“Foreign agents law” sparks controversy
In November 2022, People’s Power, a new political movement composed of former members of the ruling Georgian Dream party, called for the introduction of a “strict legal framework” for foreign funding of non-governmental organisations in Georgia. While it did not elaborate on what the legislation would entail, it claimed that the new law would be based on “best Western practices,” such as the US Foreign Agents Registration Act (FARA).
Their actions followed criticism from representatives of the US Foreign Relations Committee, whose members pointed to increasing anti-Western rhetoric in the country as a cause for concern. During a hearing on US policy in the Caucasus on 16th November, the Committee called for a reassessment of the bilateral dialogue with Georgia due to “democratic backsliding” in the country.
The People’s Power movement separated from the Georgian Dream party in August 2022, citing “tactical differences” regarding the optimal approach to Georgia’s relations with the West. They expressed a desire for more open discussions about Western pressure on Georgia, especially in the context of the war in Ukraine. In their view, the US is undermining Georgian sovereignty through its funding of the country's civil society. Both Georgian Dream and People’s Power have expressed a belief that civil society’s criticism of the authorities is responsible for the deterioration of Georgia's international standing, especially the EU’s decision not to grant the country candidate status alongside Ukraine and Moldova.
On 22nd February 2023, the draft law “On transparency of foreign influence” was introduced in Parliament, to an immediate backlash from civil society and international observers. According to OC-Media, under the proposed provisions, any civil society organisation that receives more than 20% of its income from a “foreign power” would be required to register as an agent of “foreign influence”, facing fines of up to 25,000 lari (or USD 9,400) in case of non-compliance. Concerned about the new provisions, civil society representatives requested a meeting with MPs on 23 February. Unfortunately, the talks did not bring the expected result.
On 7th March, the law was placed on the agenda of the parliamentary session. In the first reading, 76 MPs voted in favour of the law, 13 voted against and 57 abstained. This triggered massive protests in Tbilisi, where over 10,000 people gathered to express their opposition to the law. In response to the protests, President Salome Zurabishvili announced in a video address on 9th March 2023 that she would not sign the decree bringing the law into force. On the same day, the leaders of the Georgian Dream declared that they would withdraw the law completely from parliament and promised to revise the content of the law and organise public discussions in which all parties concerned could participate.
Freedom of peaceful assembly
Mass protests erupt in Tbilisi after MPs vote on “foreign agents law”
The vote on the first reading of the draft law “On transparency of foreign influence” sparked widespread protests in Tbilisi. On the evening of 7th March, more than 10,000 people took to the streets to demand that the government abandon the proposal, which has drawn comparisons with the infamous Russian “foreign agents law.” The large number of demonstrators necessitated increased security measures. Radio Free Europe and CNN reported violent clashes between demonstrators and security forces, with protesters throwing stones and petrol bombs and trying to remove barricades in front of the parliament building. Georgian security forces responded with tear gas and water cannons.
According to Civil.ge, 134 people were arrested during the three-day protests, all but one of whom were charged with misdemeanours such as petty hooliganism or disobeying police orders. One person was charged with assaulting a police officer, a criminal offence carrying a prison sentence of four to seven years. The Ministry of Interior has claimed that 50 police officers were injured during the clashes. Civil.ge also reported that the Special Investigation Service, Georgia’s police watchdog, has launched an investigation into the alleged ill-treatment of the detainees. Opposition politician Zura Japaridze was reportedly beaten in detention. The former MP’s lawyer reported that Japaridze had visible injuries from being beaten with a police baton and claimed that police told him they would continue to beat him if he did not “shut up.”
On 9th March, representatives of the ruling party announced their intention to withdraw the bill, which had passed its first reading, from the parliamentary procedure. They claimed that the real purpose of the bill had been misunderstood and referred to the need for further public debate on the issue. Nevertheless, the demonstrators announced that they would continue their protests unless two demands were met: The authorities should release all those who had been detained for participating in the protests, and parliament should convene and officially withdraw the law from the voting procedure. However, parliamentarians said that the session would not resume until the damage to the parliament building caused by the clashes between protesters and police was repaired.
Freedom of expression
“Foreign agents law” threatens press freedom
Since the announcement of the so-called “foreign agents law,” media associations and journalists have expressed concern about the impact it could have on the independent media in the country. On 20th February, a small group of journalists and civil society activists gathered in the corridors of the Georgian parliament with signs reading "No to Putin's Law" to express their opposition to the bill ahead of its introduction into parliamentary procedure. On 21st February, almost 300 NGOs and media in Georgia published a joint statement condemning the law and stating that "the Russian law does not correspond to the will of Georgia."
In recent years, the press in Georgia has repeatedly faced attempts by the authorities to suppress media freedom. Many independent publications rely on funding from abroad to sustain their operations, as opposed to advertising. This is due to the fact that smaller publications, which often have critical content, have limited access to the advertising market. While the stated aim of the law was to make the funding of civil society organisations and media more transparent, many feel the ruling party’s actual intent is to target critical voices from civil society and independent journalists.
Civil society report: “None of the issues related to media freedom have been addressed”
A report prepared in April 2023 by several Georgian civil society organisations, entitled “EU Candidacy Check,” which assesses Georgia’s progress in EU priority areas, highlights that many of the EU recommendations regarding press freedom have not yet been implemented by the authorities, despite strong advocacy by media associations.
These recommendations include the termination of the investigations against the owners of the Formula TV and TV Pirveli channels, the prosecution of those involved in the attacks on journalists during the protests on 5th July 2021, the release of Nika Gvaramia, the founder of Mtavari TV and a former politician, and the alignment of Georgian media law with the EU Audiovisual Media Services Directive.
Another problem raised in the same report is the exclusion of civil society from decision-making processes, leading to a lack of alternative, independent assessments in public policy debates. The report notes that the role of civil society has been weakened, especially in the context of the European integration process. Another negative development mentioned in the report is the attempted adoption of the “foreign agents law” which was strongly criticised by the European Union institutions as being contrary to EU values and norms. It was only withdrawn after widespread protests and would otherwise have had a significant impact on press freedom.