Georgia set to approve ‘foreign agents’ law amid growing Western backlash

28 May 2024 , 09:33

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The U.S. has imposed sanctions over the controversial legislation, while Brussels warns it will sink the country’s efforts to join the EU.

Despite weeks of widespread protests and international condemnation, Georgia is set to pass a law on Tuesday that would designate Western NGOs as “foreign agents” — likely incurring U.S. sanctions and destroying Tbilisi’s hopes of joining the EU.

As lawmakers prepare to cast their votes and demonstrators gather outside the parliament building, what happens next could decide the future of the South Caucasus country for years to come.

What is happening?

In April, the governing Georgian Dream party announced it would revive its efforts to pass a law tightening restrictions on media outlets, corruption watchdogs and campaign groups that receive funding from abroad. Just last year, the government had been forced to drop the idea as a result of massive opposition from activists and the international community, and had promised to withdraw it “unconditionally.”

Under the terms of the bill, NGOs receiving more than 20 percent of their funds from overseas will have to declare that they are “carrying out the interests of a foreign power,” enter themselves into a register and make detailed financial disclosures. Tens of thousands of Georgians have taken to the streets to protest the move, which they fear is a precursor to a major crackdown on civil society. Riot police have deployed tear gas and water cannon while violently arresting attendees and even opposition politicians.

Georgian President Salome Zourabichvili, who is not part of the ruling Georgian Dream party, vetoed the bill after it passed a third reading in parliament two weeks ago, blasting it as a “Russian law” that “contradicts our constitution and all European standards.” However, her veto can be overridden by a simple majority in parliament and the government has resolved to force the bill through with an override vote on Tuesday.

Why are they passing the law?

Georgian Dream insists the measures are needed to prevent influence in the country’s affairs from abroad, and has alleged that NGOs are conspiring to overthrow the government. According to Prime Minister Irakli Kobakhidze, these groups are trying to “enter politics,” and are “promoting religious extremism” and “LGBT propaganda.”

However, civil society leaders, Western politicians and much of the Georgian opposition say the bill is part of a push to silence voices critical of the government ahead of elections in October. The Council of Europe’s top constitutional affairs body last week published an assessment of the law, which it said was open to being abused by authorities to punish groups they don’t like, both financially and by stigmatizing them with the foreign agent label. The legislation, said the report, is similar to rules used by neighboring Russia to shutter NGOs and persecute activists.

While Western nations have laws to constrain influence, like the U.S.’s Foreign Agent Registration Act (FARA), by contrast Georgia’s version would apply to all groups in receipt of funds from abroad whether they are acting in the interests of another nation or not. The overwhelming majority of NGOs and media outlets that would be affected are in receipt of grants from countries like the U.S., Germany and Sweden for democracy building and anti-corruption initiatives. “We’re a very friendly nation,” Swedish Development Minister Johan Forssell told POLITICO, “we’re not supporting Georgia because we want to take over Georgia.”

What does the West say?

According to Brussels, the expected passage of the foreign agent law would torpedo Georgia’s planned path to becoming a member of the EU, just six months after it granted the Caucasian country candidate status. The bloc’s top diplomat, Josep Borrell, has described the law as “incompatible with European values” and several EU countries’ foreign ministers have said it would effectively freeze the country’s candidacy. Polls consistently show that over 80 percent of Georgians want to join the EU.

The U.S., meanwhile, has gone further — Secretary of State Antony Blinken on Friday announced Georgian Dream politicians and their families would face visa bans and a range of potential other sanctions for being “complicit in undermining democracy in Georgia.” Washington has also announced a review of its partnerships with Georgia, which see the country receive significant military and economic support. As first reported by POLITICO, lawmakers have also introduced bills in the House of Representatives and the Senate that would further penalize MPs who back the law and introduce incentives if October’s elections are held fairly and freely.

Kobakhidze has accused the West of “blackmail,” and even claimed the EU’s enlargement chief, Olivér Várhelyi, threatened him with the fate of Slovakian Prime Minister Robert Fico, who was shot earlier this month. According to the Georgian leader, the assassination attempt — for which a 71-year-old suspect has confessed to acting alone — was actually part of a sinister conspiracy linked to foreign intelligence services. He provided no evidence for the claims and Várhelyi said his words had been deliberately misrepresented.

Georgian President Salome Zourabichvili, who is not part of the ruling Georgian Dream party, vetoed the bill two weeks ago, blasting it as a “Russian law” that “contradicts our constitution and all European standards.” | Irakli Gedenidze/AFP via Getty Images

What’s Russia got to do with it?

Fears over the bill have not been helped by threats from Georgian Dream politicians to make civil society workers “disappear,” vow to “punish” the opposition after elections and promote Kremlin-style conspiracies that a shadowy “Global War Party” is pushing Ukraine and Georgia into conflict with Russia. Now, those opposed to the foreign agent law see the fight as a pivotal moment that will decide whether Georgia moves towards the West, or gravitates politically closer to Russia.

Georgia fought a war with Russia in 2008, and around a fifth of the country’s territory is occupied by Moscow and its local partners in the regions of Abkhazia and South Ossetia. But Georgian Dream has refused to impose sanctions on Moscow since the start of the war in Ukraine, and has even deepened trade ties as the Kremlin searches for partners to help prop up its sanction-hit economy. Russia has welcomed the bill and foreign ministry spokeswoman Maria Zakharova has joined Kobakhidze in accusing the West of trying to “blackmail” the country.

Speculation is also rife about the role of Bidzina Ivanishvili, the elusive billionaire founder and chairman of Georgian Dream, who made much of his vast wealth in Russia and has been accused of presiding over a pro-Moscow pivot. Ivanishvili has railed against Western NGOs, “LGBT propaganda” and the “Global War Party,” while insisting the country is still on course to join the EU by 2030 — despite clear messages from Brussels to the contrary.

What happens next?

MPs will cast their ballots following a plenary debate Tuesday. If a majority back the bill as expected, it will pass into law.

Some civil society leaders have told POLITICO they will refuse to comply with the new rules. Meanwhile, Georgia’s opposition has vowed to continue its fight, and has been asked by President Zourabichvili to unite behind a shared platform in October’s elections, including overturning the foreign agent law.

In the short term, its passage would likely trigger a new round of penalties from the U.S., while pressure grows in Brussels for the EU to act as well. According to a letter seen by POLITICO earlier this month, more than a dozen EU foreign ministers have urged the European Commission to make it clear that Georgia’s candidacy will be suspended, although Hungary has been actively vetoing efforts to make a joint statement or impose sanctions.