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

B90247/2024

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 statement 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,

– having regard to the statement 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 European Council conclusions of 14 and 15 December 2023,

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

– having regard to the European Convention on Human Rights,

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

A. whereas the exercise of freedom of opinion, expression, association and peaceful assembly are fundamental rights 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 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 on 17 April 2024 the Georgian Parliament passed the so-called ‘transparency of foreign influence’ law at first reading despite mass protests of Georgian citizens and repeated calls from Georgia’s European partners to withdraw the draft law;

E. whereas the legitimate aim of ensuring 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. Expresses its concern about the re-introduction of the controversial draft law on ‘transparency of foreign influence’, which is aimed at imposing restrictions on civil society and independent media and has therefore 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;

2. Underlines that the draft law is incompatible with EU values and democratic principles, runs against Georgia’s ambitions for EU membership and endangers the country’s Euro-Atlantic integration;

3. Stresses that the law will constitute a serious obstacle to the opening of EU accession negotiations;

4. Calls, therefore, on the Georgian Parliament to halt the parliamentary proceedings leading to adoption of the law and on the Georgian Government to honour the commitments it made in March 2023 when it announced that it would unconditionally withdraw its draft law to impose restrictions on civil society and independent media and would not propose such a law again; calls on the Government of Georgia also to abstain 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 contravene the so-called Copenhagen criteria for EU membership;

5. Highlights that the draft law betrays 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 commit to a path towards EU membership;

6. Emphasises that the rights to freedom of expression, to assembly and to peaceful protest are fundamental freedoms and must be respected under all circumstances, particularly in a country aspiring to join the EU;

7. Urges the Georgian Government to respect Georgian citizens’ constitutional rights and therefore expresses its concern about reports of riot police using force to disperse protesters demonstrating against the controversial draft law;

8. 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;

9. Denounces the fact that the Georgian Government is taking inspiration from highly controversial similar Russian legislation, such as Russia’s ‘Foreign Agents Law’, which intentionally labels and discriminates against civil society organisations and activists and has also been used to stifle opposition to Russia’s war of aggression against Ukraine and silence any remaining critical voices in the country;

10. 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 that civil society was able to operate freely and to fight disinformation against the EU and its values;

11. Calls 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;

12. Invites the Commission to submit an interim update on Georgia’s progress related to the implementation of the nine steps indicated in the Commission recommendation of 8 November 2023;

13. Urges the Georgian Government to return to its European path, 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;

14. Reiterates its unwavering support for the Georgian people’s legitimate European aspirations and their wish to see their country join the European family;

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.