The reform intends to require organizations to register when they benefit from more than 20% of foreign funding. The Ministry of Justice will then be able to request the personal data of all their members and beneficiaries.
Will civil society still have a voice in the coming months in Georgia? Parliament adopted a bill on “foreign influence”, providing for the registration of all NGOs and media receiving more than 20% of their financing from abroad. These will be pilloried, defined as “organizations pursuing the interests of a foreign power” and, therefore, subject to administrative control. The veto of the pro-European president, Salome Zurabichvili, should not change anything, because the ruling party, the Georgian Dream, has a sufficient majority to override it.
Despite the denials of the pro-Russian Prime Minister, Irakli Kobakhidzé, who pleads a desire to “transparency”no longer many people in the country are fooled: the law takes up the broad outlines of a text adopted in Russia twelve years ago, which made it possible to gradually erase critical voices of power. “We are going to have to stop working”bluntly summarizes Gouram Imnadze, co-director of the Social Justice Center, an NGO specializing in legal advice. “NoWe will no longer be able to work on judicial reform, because some will say: ‘Why let an association from abroad speak about developments in Georgia?'”he envisions from his Spartan premises in Vaké, the upscale district of the capital, Tbilisi, whose steep streets once sheltered Soviet apparatchiks.
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If the NGO found itself thus blacklisted, “noWe would also be obliged to communicate all the data of our beneficiaries, including personal data.” Enough to lose their confidence. Because the application of the law will be entrusted to the Ministry of Justice, which will obtain a discretionary delegation of power. “VSThis paves the way for a Soviet-style mechanism, with anonymous informants.”warns Davit Zedelachvili, professor of constitutional law at the private University of Georgia. “This social atomization has the effect of pitting people against each other.” The culmination of a formidable undermining work.
“Discussions on this law began two years ago,” remember Gouram Imnadze, when civil society began to question the direction taken by the government, far from the European path. At that time, “rather radical and pro-Russian politicians began to speak of supposed influences at work in civil organizations.” A campaign was then launched on the theme of “Rich NGOs”, and the expression entered the public debate. The public channel Imedi, in particular, suddenly devotes multiple reports to the entourage and relatives of the country’s association leaders.
In February 2023, a first text was submitted by the Power to the People movement, an anti-Western formation born from a split with the Georgian Dream, while remaining in the majority. As the bill makes a comeback, its opponents denounce the murky game of the elusive oligarch Bidzina Ivanishvili, former Prime Minister and founder of the Georgian Dream. “Bidzina Ivanishvili has gradually captured the structures of the State: the police, the judicial system, politicians, the mainstream media… Now, it is the turn of civil society to be targeted”, accuses Baia Pataraia, director of the women’s rights organization Sapari. Founded in 2001, swe NGO plays an essential role: eEach year, it provides 2,000 legal consultations to women victims of domestic violence. Without it, most would not have the financial means to be supported and heard.
The threshold set in the bill at 20% foreign money makes the activist smile. “Our annual budget, one million laris [environ 340 000 euros]comes 95% from American and European funding”like most large associations. “Georgia is a small country, quite poor, where the State does not finance much social projects”explains this feminist figure, co-organizer of the demonstrations in the capital. “The Soviet period left no room for philanthropy and, for cultural reasons, personal donations are still rare today.”
“At the moment, we are trying to resist the implementation of this law, and we are asking our international partners to help us in this battleshe slips. But IThere isn’t much time left. When the law comes into force, we will then have to hold out until the elections [législatives, le 26 octobre] to express our voice.” In recent weeks, Baia Pataraia has hit the streets and, like other opponents of this reform, she is suffering the consequences. His stairwell is studded with insult tags aimed at her, traced a few nights earlier by unknown people.
The ruling party is hiding its intentions less and less. “Since 2020, NGOs have already tried twice to organize a revolution in Georgia”, recently hit the political office of the Georgian Dream in a press release. Before accusing them, pell-mell, “attacking the Orthodox Church, supporting religious extremism and LGBT propaganda, promoting drug use, undermining state institutions and obstructing economic projects” from the country.
The Venice Commission, a body of the Council of Europe, considered that the law would have harmful consequences on pluralism and democracy, and recommended that the government repeal the text. But the Georgian Dream immediately reacted in a televised speech, judging “biased” such conclusions. “This is the reaction of an actor in bad faith, incapable of maintaining a constructive relationship with the main constitutional consultative body of the Council of Europe”analyzes Davit Zedelachvili.
This commission considers in particular that the law risks stigmatizing, silencing, or even eliminating associations and the media. “These terms are very unusual from this advisory body, itintended to emit recommendations for improving the texts”, underlines the specialist. No question of improvement here: the Commission had no other choice than to recommend its outright repeal. “This is a damning indictment of the regime, because it reveals that there was a blatant, even deliberate, disregard for the rule of law”decides the expert.
“The entire judiciary has been captured by the regime. This text can undermine the last vestiges of the country’s democratic institutions, in a process of authoritarian consolidation.”
Davit Zedelachvili, professor of constitutional law at the Private University of Georgiaat franceinfo
Founded five years ago, the independent media Publika keeps a careful chronicle of this precarious democratic life. Its premises are located in an anonymous building, without any plaque at the entrance. Inside, a few tables and white walls covered with inscriptions “No to Russian law” And “No to censorship”. The information site, which has around twenty employees, including thirteen journalists, is 90% financed by international foundations. “Advertising revenues are very little developed in Georgia and independent media must receive external funding to exist.explains editor-in-chief Lika Zakachvili.
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Associations and media have until August inclusive to register voluntarily. But Publika has already co-signed a declaration of refusal, alongside several other organizations. “We have always worked for Georgia and for our society. So it is hors question of being stigmatized in this way”, decides the journalist. Furthermore, she argues, the media must already complete a declaration and “Banking operations are already transparent.”
“We will see in September to what extent the State will use this law, and if the text will be applied in a repressive and systematic manner.”
Lika Zakachvili, editor-in-chief of the independent media Publikaat franceinfo
The law does not yet require individuals to register as foreign agents, notes Davit Zedelachvili, “although that will certainly be the next step.” However, an amendment provides for the possibility of requiring beneficiaries or temporary collaborators of an organization to provide their personal data. At the risk of exposing yourself to a fine of 5,000 laris (around 1,700 euros).
While considering the possibility of being arrested at the start of the school year, Lika Zakachvili is also concerned, in the short term, by the physical and psychological attacks to which members of its editorial staff are already victims. “I receive insulting and threatening phone calls every day”confides the journalist, whose face recently appeared on a sponsored Facebook publication, with the mention “anti-Georgian propaganda” written in red. “No need to wait for this law to come into force to see that the government wants to silence us.”
A man just pokes his head through the door. At the request of the editorial staff, this expert came to provide some security advice to employees, because some have already been followed in the street, threatened by telephone, or even beaten during demonstrations. Part of the team, moreover, no longer goes out without having equipped themselves with a tear gas canister. Looking weary, the editor-in-chief takes her leave and returns to the small open space, among her colleagues. “I have never felt so helpless as I have these days.”