What changed

B100086/2024

B100084/2024

European Parliament resolution on the democratic backsliding and threats to political pluralism in Georgia

Georgia

(2024/2822(RSP))

– having regard to its previous resolutions on Georgia,

– having regard to the statement by the spokesperson for the European CouncilExternal conclusionsAction Service of 144 andSeptember 152024 Decemberon 2023the andlegislative ofpackage 27on June‘family 2024,values and protection of minors’,

– having regard to the Commission communication ofstatement 8by Novemberthe 2023High entitledRepresentative ‘2023with Communicationthe onEuropean EUCommission Enlargementof Policy’15 (COM(2023)0690)May and2024 toon the accompanying Commission staffadoption workingof documentthe entitled‘transparency ‘Georgiaof 2023foreign Report’influence’ (SWD(2023)0697),law,

– having regard to the joint statement of 8 November 2023 by the Chair of the Delegation for relations with the South Caucasus and the European Parliament’s Standing Rapporteur on Georgia on the Commission recommendation of 8 November 2023 on the EU membership application of Georgia,

– having regard to the European Council conclusions of 27 June 2024,

– 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, which entered into force on 1 July 2016,

– having regard to the International Covenant on Civil and Political Rights,

– having regard to the Treaty on the Functioning of the European Union, in particular Article 215(2) thereof, andConvention tofor the Treaty on EuropeanProtection Union,of inHuman particularRights Articleand 29Fundamental thereof,Freedoms,

– having regard to the Independent International Fact-Finding Mission on the Conflict in Georgia and to its September 2009 report,

– having regard to Rule 136(2) of its Rules of Procedure,

A. whereas the exercise of freedom of opinion, expression, association and peaceful assembly is aare fundamental rightrights enshrined in the Georgian Constitution;

B. whereas Georgia, as a signatory to the Universal Declaration of Human Rights and the European Convention on Human Rights, as well as a member of the Council of Europe and the Organization for Security and Co-operation in Europe, has committed itself to the principles of democracy, the rule of law and respect for fundamental freedoms and human rights;

C. whereas Russia has occupied Abkhazia and South Ossetia since the August 2008 conflict that followed Georgia’s attack on Tskhinvali on the night of 7 to 8 August 2008;

C. whereas the European Union expects Georgia, a candidate country for EU accession, to abide fully by the international commitments it has made and, in particular, to fulfil the recommendations set out in the Commission’s recommendation of 8 November 2023, on the basis of which the European Council decided to grant candidate status to Georgia;

D. whereas in June 2014, the EU and Georgia signed an Association Agreement that entered into force on 1 July 2016;

D. whereas on 14 May 2024 the Georgian Parliament adopted the ‘transparency of foreign influence’ law despite mass protests of Georgian citizens and repeated calls from Georgia’s European partners to withdraw the draft law which, in spirit and content, contradicts EU norms and values;

E. whereas in December 2023, the European Council granted Georgia the status of EU candidate country;

E. whereas the European Council, in its conclusions of 27 June 2024, called on Georgia’s authorities to ‘clarify their intentions by reversing the current course of action which jeopardises Georgia’s EU path, de facto leading to a halt of the accession process’;

F. whereas in March 2017, the EU visa liberalisation agreement with Georgia came into effect, following Georgia’s successful implementation of all the benchmarks set in its visa liberalisation action plan;

F. whereas on 17 September 2024, the Georgian Parliament adopted another controversial legislative package, namely on ‘family values and protection of minors’;

G. whereas parliamentary elections are scheduled to be held in Georgia on 26 October 2024;

1. Condemns the adoption of laws such as those on ‘transparency of foreign influence’ and ‘family values and protection of minors’, which have been met with massive protests by the Georgian public, civil society organisations, independent media, prominent public figures and the country’s European and international partners alike, and which are abused by the government to impose restrictions on critical voices in civil society and the non-governmental organisation (NGO) sector or to discriminate against vulnerable persons;

H. whereas Georgia has over 26 000 NGOs –1 for every 142 citizens, which is greater than the EU average;

2. Expresses its concern about the climate of hatred and antagonism fuelled by statements by Georgian Government representatives and political leaders, as well as by the government’s attacks against political pluralism, such as its threats to ban opposition parties;

I. whereas following the 2020 parliamentary elections, the NGO International Society for Fair Elections and Democracy (ISFED), which received external funding, challenged the official election results and questioned their legitimacy, but later admitted that it had made a significant error in its calculations;

3. Underlines that the aforementioned laws are incompatible with EU values and democratic principles, run against Georgia’s ambitions for EU membership and endanger the country’s Euro-Atlantic integration;

J. whereas the Parliament of Georgia adopted the ‘transparency of foreign influence’ law, which was signed into law on 3 June 2024 despite the President’s veto; whereas the law was met with protest from parts of Georgian civil society; whereas the law requires organisations receiving more than 20 % of their funding from overseas to register as ‘agents of foreign influence’;

4. Calls on the Georgian Parliament to withdraw these laws and to refrain from submitting any further legislative proposals that contradict the principles of democracy, the rule of law, human rights and fundamental freedoms and which would therefore directly contradict the criteria for EU membership;

K. whereas on 17 September 2024, the Parliament of Georgia adopted the ‘family values and the protection of minors’ law, which bans gender transition, prohibits adoption by gay and transgender people, nullifies, on Georgian territory, same-sex marriages performed abroad, and provides a legal basis for the authorities to outlaw Pride events and public displays of the LGBTQ+ rainbow flag and to impose the censorship of films and books;

5. Highlights that the controversial laws betray the aspirations of the large majority of the Georgian people to live in a democratic society, continue democratic and rule of law reforms, pursue close cooperation with Euro-Atlantic partners and engage on a path towards EU membership;

L. whereas the Venice Commission stresses that international standards recognise that ensuring gender equality is a positive obligation of the state; whereas on 4 April 2024, the Parliament of Georgia repealed the 2020 amendments introducing gender quotas for candidate lists in parliamentary and local elections, and abolished the associated financial incentives for political parties;

6. Underlines that the public watchdog role exercised by civil society and independent media is essential to a democratic society and crucial in advancing EU accession-related reforms and therefore calls on the Georgian authorities to do their utmost to guarantee an enabling environment in which civil society and independent media can thrive; emphasises that the legitimate aim of ensuring the transparency of NGOs receiving foreign funding cannot in any way justify measures which restrict their activities, especially not in the field of democracy, the rule of law and human rights;

1. Stresses that Georgia’s future must reflect the will of its people; underlines the necessity of holding free and fair elections, without foreign intervention from any side;

7. Condemns the murder of a prominent human rights activist belonging to the transgender community the day after the adoption of the law on ‘family values and protection of minors’, as well as the many recent cases of intimidation and attacks against critical voices in civil society;

2. Recalls that the EU accession process is based on objective criteria; regrets the European Council’s decision to suspend financial assistance to Georgia; underlines the benefits of the visa liberalisation agreement and the need to maintain it; emphasises the need for a constructive dialogue between the Government of Georgia and the EU;

8. Recalls that the European Council granted Georgia candidate status at its summit of 14-15 December 2023 on the understanding that the relevant steps set out in the Commission recommendation of 8 November 2023 would be taken; stresses that this recommendation called on Georgia to ensure, among other things, that civil society was able to operate freely and to fight disinformation against the EU and its values; urges the Georgian Government, therefore, to reverse its current political course and return to a path that is aligned with the will of the Georgian people for continued democratic reforms that open up the perspective of future EU membership;

3. Rejects, with deep concern, the adoption of the ‘family values and the protection of minors’ law, and considers it an attack on the LGBTQ+ community and a threat to civil liberties as a whole; rejects, furthermore, the law’s implications for the media, given that it imposes censorship by banning broadcasters from reporting freely on LGBTQ+ issues; reiterates that media freedom and tolerance towards sexual minorities are key factors for the functioning of a democracy;

9. Reiterates its call on the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy, the Commissioner for Neighbourhood and Enlargement and the President of the Commission to remind the Georgian Government of the commitments it made and the values and principles it subscribed to when it applied for EU membership;

4. Notes that the ‘transparency of foreign influence’ law entails the risk that NGOs, civil society organisations, opposition media outlets and other organisations that receive funds from other countries will be labelled as ‘foreign agents’;

10. Urges the Georgian Government to uphold its commitment to respect, strengthen and promote democracy, the rule of law, human rights and fundamental freedoms, and genuinely engage in the full implementation of the steps required to fulfil the conditions for candidate status and EU membership, in a spirit of engagement and cooperation with Georgia’s civil society and political opposition;

5. Emphasises that the rights to freedom of expression and assembly and to peaceful protest are fundamental freedoms and must be respected in all circumstances; expresses concern over reports of the unnecessary and disproportionate use of force against demonstrators; highlights that the UN High Commissioner for Human Rights, Volker Türk, stated that ‘[a]ny restrictions to these rights must abide by principles of legality, necessity and proportionality. The use of force during protests should always be exceptional and a measure of last resort when facing an imminent threat’;

11. Reiterates its unwavering support for the Georgian people’s legitimate European aspirations and to their wish to see their country join the European family, and expresses its hope that Georgia will return to its path of democratic reform;

6. Expresses its readiness to participate in an impartial and independent international election observation mission;

12. 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.

7. Takes note of the Parliament of Georgia’s decision to abolish mandatory gender quotas; reiterates the need for balanced gender representation in political participation; calls on the Government of Georgia to undertake initiatives in this regard;

8. Takes note of Russian Foreign Minister Sergey Lavrov’s statements at a press conference at the UN General Assembly in New York and the corresponding willingness of Georgian officials to resolve outstanding issues in a peaceful, diplomatic way; encourages both sides to undertake solid initiatives in this direction;

9. 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.