Georgia: standoff around the law on foreign agents

The Georgian authorities again are pushing the laws causing serious polarization in the society. In March 2023, after massive protests and clashes with the police the Georgian government revoked the bill on foreign agents. This time, the national parliament intends to take a revenge and despite intense opposition is determined to finally adopt the law «On Transparency of Foreign Influence». 

 The ruling party Georgian Dream initiated the bill, and it has the majority in the parliament: 88 seats out of 139. Justifying the need for such law on foreign agents, the Executive Secretary of the party Mamuka Mdinaradze claimed that NGOs living on foreign grants were undermining the security of Georgian state, in particular, were trying to drag it into the conflict in Ukraine. He referred to the opposition rallies, where the demands were heard for the Georgian authorities to join the anti-Russian sanctions and authorize Georgian «volunteers» to participate in the warfare on the side of Ukrainian military forces.

 The authors of the bill proposed the Georgian Ministry of Justice to establish the Register of NGOs and media funded from foreign sources, which allows them for impacting the public decision-making or the public opinion.

 According to the draft bill, the NGOs and media, whose funding has the share of 20% and more coming from foreign sources, shall be recognized foreign influence agents. The organizations covered by this law will have to get registered as foreign agents and submit annual financial disclosure statements. The violations will result in the fine of 25 K lari (approximately USD 9.5 K).

 Of course, the processes associated with discussions around this bill are reflecting the geopolitical dynamics in the world. In such environment, the nationally-oriented political elites of Georgia are trying to resolve the dilemma: will the country take the sovereign development path, or will the domination of financial and ideological influence by external players persist in social and political life? The special concern of the Georgian authorities is the existing practice of registering NGOs by political parties in order to receive foreign funding of their political activities.

 The Georgian Dream party believes this situation to be absolutely unacceptable, especially on the threshold of the forthcoming parliamentary elections in October 2024, hence, this issue is of fundamental nature.

 Irakli Kobakhidze, the incumbent Prime Minister of Georgia, justifies the need for adopting such law in the following way: «We would like to insure our country against polarization and radicalism in the long-term perspective, for the years ahead. If we do not break the vicious circle of polarization and radicalism, it will be difficult for our country to ascend to the European Union».

Pros and Cons

 Adoption of the law «On Transparency of Foreign Influence» is an important historical milestone for the country. On one hand, the sovereign development of the Georgian state is placed on the scale, and on the other hand – the continued domination of the interests and influence of Western players in Georgian.

 The Georgian authorities, security agencies, and public at large have the right to know about the specific activities of different NGOs, as well as about the political parties and media associated with them, to know how and for which specific purposes they are spending the funds they receive from abroad.

 The bill has passed the fist and the second reading already; it stipulates for annual of the receipts and spendings by organizations and media promoting interests of foreign players. This is the minimum transparency standard. Similar laws are effective in the US and in a number of the EU member states (Hungary, France and others), but they have much stricter requirements. FARA (Foreign Agents Registration Act) in the US is a quite demonstrative example.

 A significant part of Georgian NGOs today refrain from making their finances transparent. Hence, it is quite logical to ask: when you are receiving foreign funding, why do you need to hide it from the public? If you are acting in good faith, why would you reject transparency? 

The initiators of the bill emphasize that during the period of 2020-2022 there were several attempts to organize color revolution in Georgia – not without participation of pro-Western NGOs. In particular, in June 2022 the representatives of such NGOs were openly demanding the resignation of the Georgian government and the creation of the technocratic government with them participating in it. This was the example of direct initiation of the undermining processes, which is something the NGOs do not have the right to do – especially the NGOs being the agents of foreign influence. 

 That same year, the representatives of such NGOs joined the campaign of pressing the authorities to open the «second front» against Russia; from the very first days of starting the Special Military Operation they were active in lobbying anti-Russian sanctions, advocated for sending Georgian military «volunteers» to Ukraine . 

The NGOs receiving foreign funding are attacking the most reputable institution in the country – Georgian Orthodox Church, trying to harm its reputation. Some of these NGOs are active in LGTB-propaganda, which results in natural resentment and rejection of the absolute majority of the Georgian society, which is extremely firm in advocating for traditional family and Orthodox values, protecting them against infringement of any kind.

The oppositional political parties lobbying against the transparency of their own activities and the disclosure of their funding sources are afraid that such sources will become commonly known; what does such activity bring to the people of Georgia – a benefit or a harm.

The essence of the conflict

The wave of protests against the law about foreign agents is still progressing. The participants of numerous rallies in Tbilisi called their actions «The European March», while similar actions of those who support the authorities and the adoption of the above-mentioned law they call «The Russian March». Protests also were organized in Zugdidi, Batumi and Kutaisi.

 The civil society in Georgia during a number of preceding decades has been more and more associated with influential (due to Western financial and ideological support) part of the society, where civil associations are dominating being the supporters and propagators of liberal values. However, some of such values are absolutely unacceptable for the conservative or traditionalist majority of the Georgian public.

Together with other factors, this situation strengthens the polarization and radicalization in the Georgian society. We should not forget that in 2004-2012 the direct henchmen of the USA controlled the country headed by Mikhail Saakashvili, and many people rightfully consider them foreign agents. Indicatively, Saakashvili’s regime at that time was fully supported by the NGO sector.

Adoption of the law on foreign agents will result in reducing the influence and control on behalf of the USA, the EU member states and organizations sponsored by them over social and political processes in Georgia.

The President is the main agent of foreign influence

 Not only the Georgian opposition is against the law on foreign agents, but also Salome Zurabishvili, the President of Georgia. Irakli Kobakhidze, the Prime Minister, openly announced her the agent of foreign influence and the person, who had changed the Constitution. In her turn, Zurabishvili, having taken her position due to the efforts of the ruling party and personal weight of Bidzina Ivanishvili, the founder of the party and currently its honorary chairman, called the Georgian Dream the «Georgian nightmare», which, in her opinion, should be put away, and accused the Government in promoting the Kremlin’s policy .

 Zurabishvili called the law on foreign agents «Russian law». Talking to the Georgian Dream: «You do not want to see and to hear that the Georgian society is united in its commitment to protect our sovereignty. Russia will never get back here».

 The President accused the ruling party of undermining the integration of Georgia into the EU: «Today the Georgian Dream is engaged in sabotage of our way and our future».

 It should be emphasized that Salome Zurabishvili is actively fueling protest. In particular, she announced granting of pardon to Lazare Grigoriadis, who was throwing «Molotov cocktails» (bomb bottles) onto police during the protest actions, and then set the police car on fire; he was sentenced to nine years of imprisonment. Thus, the Georgian President is instigating the opposition to new protest and stronger confrontation.

 Zurabishvili also stated that she would put a veto on the law «On Transparency of Foreign Influence», which is scheduled for voting in the parliament on 14 May.

Georgian Maidan 

Currently the protest against the law on foreign agents has transformed into the attempt to overthrow the government in Georgia by Maidan Revolution. The striking revolutionary group was formed comprising a number of pro-Western and clearly anti-Russian political parties, over a dozen of various youth organizations controlled by several influential NGOs. During the recent several weeks, these forces have heated up the situation in Tbilisi to the maximum extent. Some representatives of the radical opposition (part of them are supporting the ex-president Saakashvili) openly stated that they will «do away with the current regime».

 According to the State Security Service of Georgia, the organizers of rallies against the bill on foreign agents «are using the methods of «color revolutions» and are trying to seize the power through violence». For that they receive the funding in cryptocurrency «to cover up any traces».

 The State Security Service believes that the protest objective is «to develop destructive and force-based scenarios», and the law enforcement officers are «the main target for their aggression».

 «To demoralize and instigate them such «color revolutions» methods are used as intimidation, bribery, staging their adhering to the protest actors, which eventually will mean the state collapse and forcible seizure of power», the Security Service statement says.

In response, the law enforcement agencies of Georgia are acting carefully and quickly, they are tough in suppressing breaches of law. The authorities are doing their best to ease the situation, appease the nation in the long term, and for this sake they are ready to withstand the confrontation between the protesters and the police until the dust settles on.

Considering the consequences of the Rose Revolution in 2003, it is very unlikely that the incumbent Georgian authorities allow for the same scenario in 2024. The growing wave of protest is becoming the strength test for the ruling party and the Georgian government. 

The West is building up pressure 

Of course, the collective West has no intent to let Georgia go out of its sphere of influence and to let it acquire real sovereignty: the stakes in the global geopolitical game are very high, and according to the idea of Euro-Atlantic elites the South Caucasus region will be playing a key role as a region of future destabilization and opening the second front against Russia.

 The West needs Georgia also as a corridor for direct access to Armenia, which the USA, the EU and France are trying to turn into the Trojan horse and a military foothold for NATO.

 Destabilized, politically weak and influenced by the West Georgia is a «trump card» in the geopolitical game that Paris, Washington and Brussels are playing against Azerbaijan, whose most important oil and gas pipelines go across the Georgian territory.

 The European Parliament issued a resolution demanding (in strong language) that Tbilisi cancels the laws on foreign agents and on LGTB propaganda and calling for release of sentenced Saakashvili from prison. In other case, the members of the European Parliament do not exclude sanctions being introduced against Bidzina Ivanishvili and potentially – the revision of the visa liberalization policy with respect to Georgia.

 Prime Minister Irakli Kobakhidze responded to that: «It’s ime for the non-government organizations [in Georgia] and their [Western] donors to get Europeanized, and the law «On Transparency of Foreign Influence» will definitely help them with this».

 Olaf Scholz, the incumbent Chancellor of Germany, also expressed his negative attitude towards the law on foreign agents. At his meeting with the Georgian Prime Minister in Berlin he expressed hope that the law «On Transparency of Foreign Influence» would not be adopted. «After this draft bill was revoked a year ago, it was repeatedly submitted to the parliament without any change. I hope that the Georgian Parliament will take account of the critical position – both ours and of the Georgian society. Cooperation between the government and the opposition is very important for Georgia», Scholz said.

 In response, Kobakhidze emphasized that the law on foreign agents was in line with all the principles of democracy, and that similar bill was supported by the European Commission in Brussels.

 Washington also brings strong pressure to bear on Tbilisi. «We are deeply concerned about the backsliding of democracy in Georgia. The members of the Georgian parliament are facing the most important choice: either to support Euro-Atlantic aspirations of the Georgian people, or to adopt the law on foreign agents based on the Kremlin’s template, which is in contradiction with the democratic values», Jake Sullivan, the United States National Security Advisor stated. In his opinion, the policy of the Georgian Dream party is «in discord with the people’s will and is targeted at isolating the Georgians from the USA and Europe».

 The bipartisan group of the US Senate headed by senator Jim Risch, the high-ranking representative of the Republican Party in the Senate Foreign Relations Committee, and senator Jeanne Shaheen, the Chair of the Sub-Committee fir European Security and Cooperation, supported Sullivan. In the official letter to Irakli Kobakhidze, the Georgian Prime Minister, they expressed their «deep concern» about the repeated introduction of the foreign agents bill and warned that in case it is adopted by the parliament, the senators will be advocating «the revision of the US policy with respect to Georgia».

 The US State Department also got in on the act, they qualified the bill as «not consistent with the values, which are critical for the membership in the EU and NATO».

Thus, the West is openly blackmailing Tbilisi with the future accession to the European Union and event with possible sanctions, which is a direct interference with the internal affairs of Georgia. 

Advancing national interests

 Bidzina Ivanishvili, the most influential person in Georgia, the founder and the honorary chairman of the ruling political party Georgian Dream, responded to the growing Western pressure at the rally of the supporters of the law on foreign agents. According to him, Georgia will continue the struggle for complete restitution of its sovereignty. 

 According to Ivanishvili, «from the beginning of 2022 and until nowadays, Georgia is undergoing a difficult period of struggle for preventing the war and maintaining peace. Despite the promises given at the summit in Bucharest in 2008, Georgia and Ukraine were not accepted as NATO member stated and were left «standing at the draught». All such decisions are made by the global war party, who has the decisive influence in NATO and European Union, and for whom both Georgia and Ukraine are nothing but the cannon fodder. At first, they counterposed Georgia to Russia in 2008, and in 2014 and 2022 they put Ukraine into even a more difficult situation. The position of the global war party with regard to Georgia is underpinned by the fact that despite their big efforts they failed to turn Georgia into the second front, and if their agents come back to power, they could easily achieve that».

 «Non-transparent funding of NGOs is the key instrument for the foreign players to appoint the government in Georgia from outside», Bidzina Ivanishvili emphasized claiming that «today Georgia is headed by a strong and consolidated team of professionals, who know the value of independence and sovereignty. Hence, today it is impossible to seize power in Georgia by proxy of «nationalists» [supporters of Saakashvili] who have no political rating and of NGOs. However, it does not mean that we can let our guard down and not be concerned about creating long-term guarantees of the sovereignty of Georgia. The law «On Transparency of Foreign Influence» is focused exactly on these objectives».