The current Georgian government, led by PM Irakli Kobakhidze, has reintroduced a draft bill that could give the government effective control over the media and civil society. Named the Law on Transparency of Foreign Influence, the bill aims to register all organisations receiving more than 20% of their funding from outside the country as agents of foreign influence.[i] Failure to do so will invite penalties for the organisations. The bill is primarily aimed at non-governmental organisations (NGOs) and media organisations. This viewpoint aims to analyse this draft law, the domestic and international reaction to it and its implications for regional geopolitics.
Last year, a similar bill was introduced, which the Government was forced to take back after two nights of intense protests in the country.[ii] This time, however, it has refused to back down. As expected, the bill, which was introduced for the first reading on 17 April this year and was subsequently passed by the Parliament, has met with vigorous criticism from the opposition parties and political activists in the country. Since the day of the first reading, protests have rocked Tbilisi, the capital of Georgia, as the protestors demand that the Government withdraw the bill.
The final reading of the bill will be debated on the 13th May and is expected to be passed given the thumping majority that the ruling party, the Georgian Dream, enjoys in the Parliament. Interestingly, President Salome Zurabishvili has promised to veto the legislation after it is formally passed.[iii] However, the Government is determined by the passage of the Bill and has expressed its intention to override the veto as it has the required majority to do so.
In a country that was invaded by the Russian Federation in 2008 and where Russia still informally controls approximately 20% of the territory in the form of the breakaway regions of Abkhazia and South Ossetia, the critics have named the draft law the Russian law. The Russian Federation had passed a similar law in 2012,[iv] which, the West alleges, Moscow has used to silence dissent and control the civil society in the country[v]. Although Russia does not directly ban foreign funding, the law creates a negative connotation among the population, with many associating the term “foreign agent” with espionage.[vi] Dmitry Peskov, the Kremlin Spokesperson, denounced any attempt to connect the draft Georgian law with Russia and said that Moscow’s interests lie in a stable and predictable Georgia.[vii] Although Russia has denied any involvement, the fact remains that Moscow has traditionally viewed such protests in its neighbourhood with suspicion and has taken drastic measures to prevent colour revolutions in the post-Soviet space.
The Georgian Dream Party has defended the draft bill as necessary legislation for demanding transparency from the NGOs active in the country and has stressed that it has the sovereign right to do so. Opposition to the draft law has been categorised as a breach of the sovereignty and integrity of the country. Furthermore, the ruling party is defending the bill by equating it with the Foreign Agents Registration Act (FARA) of the United States. For the party, the bill is necessary to promote transparency as well as combat “pseudo-liberal values” being promoted by foreigners in the country.[viii]
Rati Ionatamishvili, Chairman of the ruling party in the Parliament, has accused the protestors as well as the opposition leaders of collaborating with Western foundations and also highlighted the interest of certain groups’ interests who seek to provoke disturbance in this South Caucasian nation.[ix] As a matter of fact, the obsession of the leaders of the ruling party with foreign forces, which are dubbed as the “Global Party of War”,[x] has been a cause of concern for many.
Throughout its three decades of independence, one aspect has remained constant as far as the country’s foreign policy is concerned. Leaders across the party line have always pursued a pro-Western policy.[xi] Integration with the West has been considered the only way to mitigate the Russian “threat”. Joining the European Union has been the country’s strategic goal. However, things have begun to change in Tbilisi.
An analysis of a speech[xii] delivered by Bidzina Ivanishvili, the founder and honorary Chair of the Georgian Dream, could better explain what the ruling dispensation thinks not just about the ongoing situation but also of the broader state of affairs in Georgia and the region surrounding it. Ivanishvili, the former Prime Minister, while addressing his supporters and government employees in a rally in Tbilisi, not only endorsed the draft Bill but also talked in great length about the “global party of war”, which he accused of subverting the identity and sovereignty of Georgia.[xiii] He referred to the Rose Revolution of 2004, which brought into power the United National Movement that ruled Georgia until 2012, as an NGO-led revolution that brought a government to power not elected by the Georgians. It is these NGOs, the alleged supporters of the “global party of war”, that the draft legislation aims to control.
In his eyes, the draft legislation is supposed to expose this nexus between the domestic players and the foreign agencies and prevent any other revolution in the country. What is more interesting is the fact that Ivanishvili has directly accused the leaders of the European Parliament of supporting despots in his country and that it was hijacked by the “Global War Party” to cause disturbance in Georgia.[xiv] This is an interesting development in the sense that Georgia, which has made EU membership a strategic goal and enjoys candidate status, is directly accusing leaders of Europe of fuelling tensions in the country.
The ongoing protests and the aggressive response of the government against the protestors have caused anxiety in Europe as the spectre of the Ukrainian war still looms large over the continent. The draft law and the ensuing “repression” of the protests have not gone well in the Euro-Atlantic community. President of the European Commission Ursula von der Leyan has expressed concern over the draft legislation on foreign influence and has criticised the violence perpetrated by the government.[xv] Besides, the EU diplomatic service, in a press note, has warned that the “final adoption of the legislation would negatively impact Georgia’s progress on its EU path”.[xvi]
The US Department of State too condemned the draft legislation while apprising the Georgian leadership that the “Kremlin inspired foreign influence legislation” along with the anti-western rhetoric in Tbilisi has “put Georgia on a precarious trajectory”.[xvii] It further warned the Georgian leadership that the legislation is “incompatible with the democratic values that underpin membership in the EU and the NATO and thus jeopardise Georgia’s path to Euro-Atlantic integration”.[xviii] In response to the US criticism, the Georgian Prime Minister Irakli Kobakhidze turned down an invite to visit Washington after US made clear that it wants the Georgian government to temporarily suspend the draft legislation.”[xix]
Though the European Union and the United States have criticised the draft legislation and have condemned government’s violent response to the protests, they are also wary of the fact that Russia looks at such protests in the post-Soviet space with suspicion and considers them a threat to its security and national interests. Thus, the West remains cautious not to be seen directly fuelling the protests which may lead to further drift in the relationship with Georgia driving Tbilisi back into Russia’s orbit.
Sergei Lavrov, Russian Foreign Minister, equated the protests of last year on a similar law, which was eventually taken back, with the 2014 Euromaidan[xx] protests in Ukraine and the ensuing regime change, which the Kremlin sees as a coup d'état orchestrated by the West.[xxi] The Georgian government under the complete control of the former Prime Minister Ivanishvili, who is considered pro-Kremlin, is interestingly on a road of rapprochement with Russia. To the surprise of many, the relationship between the two capitals has stabilised. Despite criticising Russia for the Ukraine war, Georgia has declined to be a part of the international sanctions against Russia.
The rapprochement has become more visible after the wave of recent protests in Tbilisi, when Ivanishvili launched a frontal attack against the West, holding it directly responsible for the “Georgian confrontation with Russia in 2008”, the 2014 annexation of Crimea, and the ongoing war in Ukraine.[xxii] Besides, he has also promised to punish the Georgian opposition for their alleged collaboration with foreign powers after winning the upcoming general elections to be held at the end of this year. The opposition has been very vocal against Russia and has denounced attempts of softening relations with Kremlin. Thus, the situation in Georgia has been quite favourable for Russia, and any attempt by the West to pressurise Tbilisi to take back the draft legislation will be interpreted as another Euromaidan moment and risks prompting a Russian response.
The current events in Georgia are being equated by many with the 2014 Euromaidan crisis in Ukraine, which ultimately caused the largest security crisis in Europe after the Second World War. If the situation goes out of control and the country becomes another hotspot of geopolitical tensions, the impacts will certainly be beyond the region. As part of the Caucasus, which borders Europe, Central Asia and the Middle East, the geopolitical fallout of the ongoing tensions in Georgia will not remain restricted to the region only. As the war in Ukraine and Gaza continues with no end in sight, a volatile and troubled Caucasus is the last thing the world wants.
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*Aman Kumar, Research Associate, Indian Council of World Affairs, New Delhi.
Disclaimer: Views expressed are personal.
Endnotes
[i] ICNL, “2024 Georgian Draft Law on Foreign Influence,” International Centre for Not-For-Profit Law, April 2024, https://www.icnl.org/post/analysis/draft-law-of-georgia-on-foreign-influence-transparency
(Accessed May 6, 2024).
[ii]Felix Light., “Georgian ruling party drops ‘foreign agents’ bill, protestors remain,” Reuters, March 10, 2023 https://www.reuters.com/world/europe/georgian-lawmakers-withdraw-foreign-agents-bill-ruling-party-2023-03-09/ (Accessed May 6, 2024).
[iii] Euronews, “Thousands protest in Georgia against controversial foreign influence law,” Euronews, April 29, 2024, https://www.euronews.com/2024/04/29/thousands-protest-in-georgia-against-controversial-foreign-influence-law (Accessed May 6, 2024).
[iv] The Russian Duma has made successive amendments to the laws, which have expanded the scope of the foreign agent laws. In 2022, the Russia Duma passed the more stringent “On control over the activities of persons under foreign influence, giving extraordinary power to the Russian authorities.
[v] Daniel Salaru. “Ten years of Russia’s foreign agent law: evolution of a press freedom crackdown,” International Press Institute, July 25, 2022, https://ipi.media/ten-years-of-russias-foreign-agent-law-evolution-of-a-press-freedom-crackdown/ (Accessed May 6, 2024).
[vi]VTsIOM. “Russians about foreign agent” The All Russian Centre for the Study of Public Opinion,” June 28, 2022, https://wciom.ru/analytical-reviews/analiticheskii-obzor/rossijane-ob-inoagentakh (Accessed 06/05/2024).
[vii] Inter Press News, “Dmitry Peskov: Attempts to connect the Georgian draft law on foreign agents with Russia are absurd”, Inter Press News, April 04, 2024, https://wciom.ru/analytical-reviews/analiticheskii-obzor/rossijane-ob-inoagentakh (Accessed May 6, 2024).
[viii] Felix Light. “Why are Georgians protesting against a foreign agent’s bill?” Reuters, April 17, 2024, https://www.reuters.com/world/europe/why-are-georgians-protesting-against-foreign-agents-bill-2024-04-17/ (Accessed May 6, 2024).
[ix]IMEDI News, “Ruling party official says opposition to domestic transparency bill is “assault” on nations’ sovereignty, dignity,” IMEDI News, April 03, 2024. https://info.imedi.ge/en/politics/1590/ruling-party-official-says-opposition-to-domestic-transparency-bill-is-assault-on-nations-sovereignty-dignity (Accessed May 6, 2024).
[x] Burc Eruyger. “Georgian politician accuses ‘global war party’ of interfering in Tbilisi’s domestic affairs”, Anadolu Ajansi, 30 April, 2024, https://www.aa.com.tr/en/europe/georgian-politician-accuses-global-war-party-of-interfering-in-tbilisis-domestic-affairs/3206208 (Accessed May 6, 2024).
[xi] Natalie Sabanadze. “EU-Georgia relations: A local show of the Global Theatre”, Carnegie Europe, November 16, 2023, https://carnegieeurope.eu/2023/11/16/eu-georgia-relations-local-show-of-global-theater-pub-90995.
[xii] Civil.Ge., “Bidzina Ivanishvili backs anti-western policies, threatens repression,” Civil.ge, April 29, 2024, https://civil.ge/archives/602348 (Accessed May 6, 2024).
[xiii] Ibid.
[xiv] Ibid.
[xv] European Commission, “Statement by President von der Leyen on situation in Georgia,” European Commission, May 1, 2024, https://shorturl.at/npXY5 (Accessed May 6, 2024).
[xvi] Reuters, “EU warns Georgia that ‘foreign agent’ law will impact membership path,” Reuters, April 17, 2024, https://www.reuters.com/world/europe/eu-warns-georgia-that-foreign-agent-law-will-impact-membership-path-2024-04-17/ (Accessed May 6, 2024).
[xvii] Press Statement, “Georgia’s western trajectory at Risk,” US Department of States, May 01, 2024 https://www.state.gov/georgias-western-trajectory-at-risk/#:~:text=We%20condemn%20the%20use%20of,right%20to%20freedom%20of%20expression (Accessed May 6, 2024).
[xviii] Ibid
[xix] Burc Eruyger, “Georgia turns down US invite for official visit over ‘pre condition’,” Anadolu Ajansi, May 02, 2024, https://www.aa.com.tr/en/americas/georgia-turns-down-us-invite-for-official-visit-over-pre-condition-/3208576 (Accessed May 6, 2024).
[xx] France 24, “Russia denounces Georgian protests as coup attempt,” France 24, March 10, 2023, https://www.france24.com/en/live-news/20230310-georgians-rally-even-as-parliament-scraps-foreign-agent-bill (Accessed May 6, 2024).
[xxi]Vladimir Putin, “On the historical unity of Russian and Ukrainians,” Official internet resources of the President of Russia, July 12, 2021, http://en.kremlin.ru/events/president/news/66181 (Accessed May 6, 2024).
[xxii] Civil.Ge., “Bidzina Ivanishvili backs anti-western policies, threatens repression,” Civil.ge, April 29, 2024, https://civil.ge/archives/602348 (Accessed May 6, 2024).