On attempts to reintroduce a foreign agent law in Georgia and its restrictions on civil society

B90246/2024

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

(2024/2703(RSP))

The European Parliament,

– having regard to its previous resolutions on Georgia,

– 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,

– having regard to the European Council conclusions of 14 and 15 December 2023 and to the Commission’s 2023 Communication on EU Enlargement Policy of 8 November 2023 (COM(2023)0690), outlining the steps for Georgia’s candidacy status, particularly step nine concerning the freedom of civil society,

– having regard to the statements by the President of the European Council of 16 April 2024, by the High Representative of the Union for Foreign Affairs and Security Policy and the Commissioner for Neighbourhood and Enlargement of 17 April 2024 on the adoption of the ‘transparency of foreign influence’ law, and by the spokesperson for the European External Action Service of 4 April 2024 on the draft law on ‘transparency of foreign influence’,

– having regard to the joint statement by the Chair of the Committee on Foreign Affairs, the Chair of the Delegation for relations with the South Caucasus and the European Parliament’s Standing Rapporteur on Georgia on the reintroduction of the draft law on ‘transparency of foreign influence’ in Georgia,

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

A. whereas on 3 April 2024, the ruling Georgian Dream party announced its second attempt to pass a ‘transparency of foreign influence’ bill, which would require civil society and media organisations that accept funds from abroad to register as ‘an organisations pursuing the interest of a foreign power’ or face fines, more than a year after abandoning an earlier attempt to pass the law amid protests;

B. whereas this piece of legislation is inspired by Russia’s Foreign Agent Law, which, since its introduction in 2012, has been used by the Russian authorities as a tool against civil society, media and dissidents;

C. whereas the proposed legislation would limit the capacity of civil society and media organisations to operate freely, curtail freedom of expression and unfairly stigmatise organisations that deliver clear benefits to the citizens of Georgia;

D. whereas in March 2023, similar legislation sparked widespread protests in Georgia, leading to its withdrawal; whereas following the law’s withdrawal in 2023, the ruling party and pro-government media have continued to escalate rhetoric against civil society and journalists;

E. whereas several popular protests took place in the capital Tbilisi and other Georgian cities as a reaction to the plans to adopt this bill; whereas Georgian riot police used excessive force – including pepper spray, beatings, and illegal detention – to disperse protesters against the bill;

F. whereas on 17 April 2024, the bill passed its first reading in parliament, despite mass protests, criticism from the President of Georgia who promised to veto the bill, and repeated calls by the EU and by Georgia’s other Western partners;

G. whereas in the 2023 Enlargement Package reports, the Commission recommended granting candidate status to Georgia on the understanding that Georgia takes nine steps, including combating disinformation and interference against the EU and its values, engaging opposition parties and civil society in governance, ensuring freedom of assembly and expression, as well as consulting and involving civil society meaningfully in legislative and policy-making processes and ensuring that they are able to operate freely;

H. whereas on 14 December 2023, Georgia was granted candidate status by the European Council on the understanding that the nine steps set out in the Commission recommendation would be taken;

I. whereas in recent years, the Georgian Dream party’s leadership has taken an increasingly illiberal and anti-Western turn, spreading disinformation about the EU, its values and its policies; whereas recently, the Georgian Dream majority announced constitutional amendments to fight ‘LGBT propaganda’, reversed a policy mandating gender quotas for women in parliament and pushed back against an EU recommendation to invite international experts to conduct integrity checks on Georgian judges;

1. Strongly condemns the re-introduction of the so-called ‘transparency of foreign influence’ law by the Georgian Dream party; underlines that this legislation is incompatible with European norms and values, damages Georgia’s reputation and jeopardises its EU accession efforts;

2. Urges the Georgian Dream majority to immediately withdraw this law and the law curtailing LGBTQ+ rights, cease all attacks on civil society and independent media and ensure a genuine enabling environment for civil society and media in the country;

3. Stands in solidarity with the courageous Georgian people fighting for their democratic rights and the European future of their country;

4. Is deeply concerned about reports of riot police using excessive force to disperse protesters demonstrating against the draft law; calls on the Georgian Government to respect its constitutional obligations to uphold the right to freedom of assembly and demonstrations and to cease the unlawful use of force against peaceful demonstrators; calls on the Georgian authorities to investigate and hold accountable those responsible for the unlawful use of force;

5. Reminds the Georgian Government that the EU granted Georgia candidate status on the understanding that the relevant steps set out in the Commission’s recommendation of 8 November 2023 would be taken; underscores that this ‘foreign agents’ law clearly goes against this goal and puts on hold the process of starting negotiations with Georgia to join the EU;

6. Emphasises to the Georgian Government that creating and maintaining an enabling environment for civil society organisations and ensuring media freedom are at the core of democracy and are crucial for the EU accession process; underscores that transparency should not be misused as an instrument to limit civil society’s capacity to operate freely;

7. Highlights that the constitutional amendments on so-called LGBT propaganda are not only an attack on the LGBTIQ+ community, but also against freedom of speech, against a free civil society as a whole and against European values, and are an obstacle for the EU accession efforts; condemns the planned ban on gender reassignment measures as a human rights violation against trans people and their physical autonomy and health; urges the initiators to withdraw the proposed constitutional amendments;

8. Calls on the Georgian Government to uphold its commitment to the promotion of democracy, the rule of law and human rights and encourages it to adopt and implement reforms that are in line with its stated objective of joining the European Union, as demanded by a large majority of Georgia’s citizens; reiterates, in that respect, its call on the Georgian authorities to release former President Mikheil Saakashvili on humanitarian grounds and to allow him to receive proper medical treatment abroad; emphasises that his case further highlights the importance of implementing genuine reform of the justice system;

9. Reminds the Georgian authorities that Georgia’s European integration will only be possible through a genuine embrace and implementation of European standards and values;

10. Calls for the EU funding provided to the Georgian Government to be frozen until this illiberal law is repealed and for strict conditions to be placed on the disbursement of any future funding to the Georgian Government; calls on the Commission to redirect any available funding to Georgian civil society;

11. Calls on the Commission to promptly assess the impact of Georgia’s planned ‘foreign agent’ law on Georgia’s continuous fulfilment of the visa liberalisation benchmarks, in particular the fundamental rights benchmark, a crucial component of the EU visa liberalisation policy;

12. Calls on EU Member States to consider imposing travel bans on Georgian individuals who finance and organise propaganda campaigns against the EU and its values;

13. Calls on the Commission to prepare and publish an interim report on Georgia’s implementation of the nine steps set out in its recommendation of 8 November 2023, well in advance of its 2024 Enlargement Package;

14. Calls for the EU and its Member States to continue to pay close attention to this matter and to closely monitor developments in Georgia ahead of the country’s October 2024 parliamentary elections;

15. 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.