Georgia's 'Foreign Agents' Bill
Kira Persson | 24 May 2024
Summary
Georgia’s “Foreign Agents” bill passed its final reading on May 14th. The bill forces foreign-funded non-governmental organisations and media outlets to register as “foreign agents”.
This has sparked a major backlash. Critics say the law emulates Russian legislation restricting freedoms and marginalising independent voices. Large crowds have gathered in Tbilisi to condemn what has become known as the “Russian Law”.
The legislation jeopardises Georgian aspirations to attain EU membership, for which it was granted candidate status in December 2023.
Georgia’s controversial “Foreign Agents” bill passed its third and final reading on May 14th. The bill forces non-governmental organisations (NGOs) and media outlets to register as “foreign agents”, should over 20 per cent of their funding be from abroad. The ruling Georgian Dream introduced the bill in March 2023, but large protests and pressure from the EU and the US forced the party to withdraw the bill. This time, the legislation appears harder to rebuff. Georgia’s President, Salome Zourabichvili, vetoed the law stating “its essence and spirit, is fundamentally Russian". The veto is symbolic, however, as Georgian Dream has a majority in parliament and, thus, power to overturn the veto with an additional vote.
The legislation is problematic for several reasons. NGOs form a crucial building block in Georgia’s well-being. They allow civil society to prosper, give a voice to marginalised communities, and are vital in supporting humanitarian causes. But Georgian NGOs rely heavily on foreign funding and the designation “foreign agent” brings multiple implications — large fines, extensive surveillance, or prison. NGOs and media organisations fear asset freezes and forced shutdowns if they do not comply with the legislation. Further, civil society has profoundly influenced Georgia’s politics, by providing voter education and election monitoring. With parliamentary elections occurring in October, Georgian Dream will likely reap the benefits of the legislation.
To justify the bill, Georgian Dream has adopted nativist propaganda stating that NGOs and party opponents serve foreign agents and values alien to Georgia. The law, it is said, will protect the country’s sovereignty. A similar language has been used to justify other repressive legislation, including a bill restricting LGBTQ+ rights.
Importantly, the attempt to marginalise NGOs is not unique to Georgia. It aligns with a wider trend observed across established autocracies and countries with democratic backsliding — Hungary, Kyrgyzstan, and India have recently passed similar laws. Whilst described as enhancing transparency and national sovereignty, these laws are often abused by governments, to crack down on political and civic space systematically. The Kremlin, notably since the rise of President Vladimir Putin, has spearheaded this trend and set a precedent that other nations appear to be emulating.
The legislation does not resonate with the Georgian population. Thousands of protesters gathered outside the parliament building in Tbilisi when the law was passed. Opponents underscore its severe threat to democratic principles and Georgia’s European aspirations. The majority of Georgians are anti-Russia and strongly favour EU and NATO memberships. The younger population refute a future with closer ties to Russia.
Because of this backlash, the legislation may seem self-defeating, especially as Georgian Dream is already ahead in polls. If anything, the legislation has unified the fragmented opposition and showcased the unbending determination of the population to strengthen democracy and move closer to the West. However, billionaire Bidzina Ivanishvili, founder and honorary chairman of Georgian Dream, is often seen as the de facto leader of Georgia with his firm grip on the party. His hostile attitude towards NGOs, blaming them for drawing Georgia and Ukraine into war with Russia, likely plays a role in the legislation. There is also an economic incentive to maintain cordial relations with Russia, from which Georgia receives relatively cheap oil, gas, and grain. Russian tourism is also an important source of income.
The Kremlin-style legislation is thus part of a wider trend to silence alternative voices and reduce the accountability of the ruling class. With Georgia’s turbulent political past and a history of balancing between Russia and the West, this legislation plays a crucial role in determining the country’s future well-being and foreign relations. Importantly, the Georgian people exhibit a strong pro-Western attitude. With Russia being largely preoccupied with Ukraine, and with Georgia’s parliamentary election coming up later this year, the Georgian population, policymakers and the West have an opportunity to push for Georgia’s westward ambitions. For instance, Western partners could hold rulers accountable for obstructing Georgia’s integration into the EU — a goal inscribed in the county’s constitution. They could also aid civil society organisations and pro-European President Zourabichvili in her attempt to challenge Georgian Dream.
Diego Delso/Wikimedia
Forecast
Short-term
The bill will likely benefit the Dream Party ahead of the upcoming election, by eliminating critical voices. The bill also threatens Georgia’s chances of becoming an EU member state, as membership is premised upon conditions such as improved government transparency, anti-corruption efforts, and the promotion of civil society.
Long-term
Crackdown on NGOs, perceived government opponents, and communities not aligned with “Georgian values” is symptomatic of Russian influence in the region and Georgia’s move away from democracy. Similar laws will likely emerge in both Georgia and elsewhere, to shut down pluralism and debate.