With a measure that might stigmatize and stifle media outlets and nonprofit organizations, which are largely seen as the nation’s protectors of democracy, there are rising concerns that Georgia is taking another step toward authoritarianism. Georgia’s administration argues that it just wants to imitate America’s approach to limiting foreign influences, although a comparison of laws and political climates indicates that Georgia was more influenced by Russia. The contentious “On Transparency of Foreign Influence” draft bill mandates that all businesses and nonprofits that get at least 20% of their money from outside be designated as foreign agents. This would essentially encompass the whole gamut of independent media, local chapters and partners of international development and humanitarian organizations, and watchdogs on corruption, democracy, and the rule of law.
Introduction to foreign agents laws
Stated differently, all those who monitor the country’s democratic pledges will be labeled as foreign agents, a term that essentially refers to a foreign spy in Georgian culture. When the ruling Georgian Dream party revealed its support for the contentious law put up by People’s Power, a recent offshoot of the ruling party, it did so with the intention of being transparent, according to the party. “Georgian citizens have the right to know what vested interests and what kind of financing stand behind the entities that participate in formulating and making political decisions,” stated Shalva Papuashvili, speaker of the parliament. The Foreign Agent Registration Act (FARA), a piece of 1930s American legislation, is cited by the Georgian Dream as explanation. Based on an analysis by the International Center for Not-for-Profit Law (ICNL), a Washington, DC-based advisory network that supports a legal environment that enables civil society, and its partner, the European Center for Not-for-Profit Law, based in The Hague, there are significant differences between the Georgian draft and FARA. According to their analysis, one significant distinction is that FARA does not mandate registration based only on foreign money. “Rather, one must be an agent of a foreign principal, including if one acts at the direction and control of a foreign government,” the study states. “Many US non-profit groups and media organizations receive foreign grants and other support, but the US has not required them to register as foreign agents under FARA.” According to the research, just 5% of those registered under FARA are non-profit organizations, and even these are mostly overseas political party affiliates.
Purpose and scope of US FARA
Although the Georgia rule would mostly impact the country’s thriving civil society, which contributors have fostered for decades, the US law concentrates on political lobbying. A string of Georgian governments has been able to contain and reveal its authoritarian tendencies thanks in part to this civic society. Georgia has worked hard to establish and defend its democracy, according to US Ambassador Kelly Degnan, who made this statement on February 27. “These laws will undermine that progress that Georgia has spent so many years building.” Speaker of the Parliament Papuashvili stated that concerns about the draft, both domestically and internationally, are centered on the details after speaking with a number of worried Western diplomats. In addition to denigrating non-profit organizations and the media, the ICNL study contends that the measure will jeopardize their ability to obtain money and impose onerous registration and reporting requirements, “exposing them to unlimited government inspections and establishing harsh penalties for violations.”
Objective and reach of Georgian foreign agents law
Nestan Tsetskhladze, editor-in-chief of Netgazeti, a rare independent and professional voice in Georgia’s political media sector, stated, “The goal of this law is clear: make us disappear.” “This is a disaster in the making, as we are headed toward a future where citizens are left in an information bubble, without critical news and hope.” Like other independent and high-quality news content producers in Georgia, Netgazeti is supported by foreign benefactors. Foreign cash is also provided to news organizations that support opposition. Without a doubt, Tsetskhladze believes that the bill is the precursor to an impending crackdown on the media and civil society. More than 300 news organizations and NGOs who signed a joint statement against the proposed bill share her concerns. The statement cited Russia, where such laws were passed in 2012 and were applied to intimidate and disperse journalistic organizations and human rights advocates.
Registration requirements
Part of the argument that Russia is the source of inspiration for the Georgian administration stems from public remarks made by Georgian Dream leaders that resemble the justifications made by the Kremlin for its foreign agent legislation. “The draft law is far more lenient than its American version,” Georgian Dream chairman Irakli Kobakhidze stated, directly quoting Russian President Vladimir Putin’s 2012 support of the Russian version. FARA and the Russian statute on foreign agents were compared back in the day by ICNL. The group then emphasized a lot of the distinctions and worries it currently has with the Georgian proposal. For example, FARA is “not limited to or directed against non-government organizations,” according to ICNL, in contrast to the law from Russia and the planned legislation from Georgia.
