European Parliament resolution on the attempts to reintroduce a foreign agent law in Georgia and its restrictions on civil society

– having regard to its previous resolutions on Georgia, in particular its resolution of 14 December 2022 on the implementation of the EU Association Agreement with Georgia[1],

– having regard to the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Georgia, of the other part[2],

– having regard to the Commission communication of 17 June 2022 entitled ‘Commission opinion on Georgia’s application for membership of the European Union’ (COM(2022)0405) and to the European Council conclusions of 23 and 24 June 2022 on the membership applications of Ukraine, the Republic of Moldova and Georgia,

– having regard to the Commission communication of 8 November 2023 entitled ‘2023 Communication on EU Enlargement Policy’ (COM(2023)0690) recommending that Georgia be granted candidate status,

– having regard to the European Council conclusions of 15 December 2023 granting Georgia candidate status,

– having regard to Rule 132(2) of its Rules of Procedure,

A. whereas candidate status was granted to Georgia on the understanding that the relevant steps set out in the Commission recommendation of 8 November 2023 would be taken; whereas those steps include fighting disinformation against the EU and its values (step 1) and making sure that civil society can operate freely (step 9);

B. whereas on 4 April 2024, the ruling Georgian Dream party announced that it would once again propose an ‘agents of foreign influence act’ to parliament; whereas according to the draft law, organisations receiving at least 20 % of their funding from abroad would have two months to register themselves as ‘organisations pursuing the interests of a foreign power’ and submit annual financial declarations on funds received from foreign sources, as well as disclose their collaborators and informants if requested to do so; whereas failure to register would constitute an administrative offence, punishable by fines of up to GEL 25 000 (EUR 8 700); whereas the Georgian Ministry of Justice would be empowered by the law to conduct thorough investigations of those organisations in order to ensure that they are respecting the law;

C. whereas the draft law is modelled on a similar law that was adopted in the Russian Federation in 2012; whereas similar legislation was recently adopted in Kyrgyzstan and Abkhazia;

D. whereas the Georgian Dream party attempted to adopt this law last spring, but had to withdraw it following mass protests and public condemnation both domestically and internationally and because it did not want to jeopardise Georgia’s chances of being granted EU candidate status;

E. whereas now, as in 2023, the law is considered controversial and has sparked similar mass protests and mass condemnation; whereas Georgian non-governmental organisations (NGOs) and civil society organisations believe that the law, if adopted, will target organisations and media critical of the government and those which monitor human rights and the rule of law in the country; whereas it will give the authorities a powerful tool to discredit and curtail independent voices, thereby threatening press freedom and freedom of expression, and it will decrease any genuine transparency of public life in Georgia;

1. Expresses grave concerns about the reintroduction of the draft law on agents of foreign influence by the Georgian Dream party in parliament; considers that the legislation is incompatible in its letter and spirit with EU values and democratic principles; highlights that the draft law violates at least two steps (1 and 9) contained in the Commission’s recommendation on Georgia’s candidate status;

2. Expresses alarm that the adoption of a Russian-style agents of foreign influence act would seriously damage Georgia’s pro-European path and believes that as long as such legislation is part of the Georgian legal order, any decisions leading to recommending the launch of accession negotiations should be permanently suspended; considers that through the very act of reintroducing the draft law, in violation of public commitments made in 2023 by the authorities, Georgia’s reputation is damaged and its Euro-Atlantic aspirations are jeopardised as the draft law puts Georgia on the same path as the Russian Federation and other like-minded countries;

3. Is worried that the proposed agents of foreign influence act would undermine the work of independent NGOs and media outlets, which are the best and most effective entities for scrutinising and monitoring the authorities’ activities; warns that if the law is adopted, it will weaken the system of checks and balances in Georgia;

4. Believes that such legislation is contrary to the aspirations of the Georgian people; stands with the people of Georgia who are protesting against this draft law and stands by their aspirations to live in a prosperous country, free of corruption, which fully respects political freedom, free media and an open society and protects human rights;

5. Considers that, if the legislation is adopted, the EU should sanction all members of the Georgian Parliament who voted in favour of it; reiterates, further, its call on the Council to consider imposing sanctions on the honorary leader of the Georgian Dream party, Bidzina Ivanishvili; calls on the Commission to make all financial assistance to Georgia conditional on eliminating this law from the Georgian legal order, should it be adopted;

6. Believes that, given the possible negative effects of the agents of foreign influence act being adopted, the Commission should prepare a mid-year report on the implementation of the nine steps, and that the annual report should be presented exceptionally at the beginning of October;

7. Appeals to the Georgian Dream party to refrain from further pursuing the adoption of the agents of foreign influence act and to withdraw it, in order to prevent jeopardising the prospects of a European future for Georgia;

8. Instructs its President to forward this resolution to the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy, the Council, the Commission, the governments and parliaments of the Member States, the Council of Europe, the Organization for Security and Co-operation in Europe and the President, Government and Parliament of Georgia.