Georgia’s foreign agent bill: an existential threat to democracy

As the world looks on in horror at Russia’s aggression in Kharkiv and in despair at events in the Middle East it is easy to miss the detail of what is happening in other countries as political leaders move to censor as the democratic values that we hold increasingly feel under threat. This week we have seen an assassination attempt on the Slovakian Prime Minister and an attempted terror attack in Rouen.

In Georgia, there are protests in the streets of the capital Tbilisi. A fierce battle is being waged, not with weapons, but with voices raised in unison against an outrageous and controversial “foreign agent” law. The legislation, which has already passed its third reading in parliament with a vote of 84 to 30, mandates that NGOs and independent media receiving over 20% of their funding from foreign sources register as entities “bearing the interests of a foreign power”. This bill has sparked widespread protests, with thousands taking to the streets in defiance Geogriof what they see as an existential threat to their democracy and civil liberties.

The comparison to Russia’s 2012 law, which similarly targets foreign-funded organisations and has been used to suppress dissent, is not lost on the Georgian people. Critics aptly nickname the bill the “Russia law,” fearing it could pave the way for authoritarianism in Georgia, much like it did in Russia. The legislation’s draconian measures include potential fines of up to 25,000 GEL ($9,400 or £7,500) and stringent monitoring by the Justice Ministry, raising alarms about the erosion of democratic freedoms.

Protesters, driven by a desire to protect their democratic values and maintain Georgia’s trajectory towards European integration, have clashed with police and faced arrests. The atmosphere in Tbilisi has been charged, with demonstrators attempting to breach the parliament building and shutting down major intersections. Tensions have spilled over into parliament, where physical and verbal altercations between pro-government and opposition MPs underscore the high stakes of this political confrontation.

President Salome Zourabichvili, an outspoken critic of the bill, has vowed to veto it. However, the ruling Georgian Dream party holds sufficient seats in parliament to override her veto, casting doubt on the president’s ability to halt the legislation. Prime Minister Irakli Kobakhidze’s ominous warning that backing down would lead Georgia to “easily share the fate of Ukraine” without further explanation has only fuelled public anxiety.

The international community has not remained silent. The European Union, keenly observing Georgia’s bid for membership, has warned that the bill could jeopardise its candidacy. Roberta Metsola, President of the European Parliament, expressed solidarity with the Georgian people, affirming their right to a European future. Similarly, the White House has cautioned that it would reassess its ties with Georgia, urging the president to veto the law. The UK’s Minister for Europe, Nusrat Ghani, has described the scenes in Georgia as shocking, further highlighting the global implications of this domestic struggle.

Natia Seskuria, a former member of Georgia’s National Security Council, believes the protests will persist as long as the law remains a threat. Indeed, the resilience of the Georgian people is evident. “We are waiting for when we will have a choice to choose a new government,” a young protester told AFP, reflecting a common sentiment among those seeking change in the upcoming parliamentary elections.

The stakes are incredibly high. The new law not only threatens civil society and media freedom but also risks derailing Georgia’s European aspirations. With elections just five months away, the Georgian Dream party’s grip on power is being fiercely contested. The pro-democracy protests in Georgia are a testament to the unyielding spirit of its people, who refuse to let their country slip into authoritarianism. Their struggle is a poignant reminder that the fight for freedom and sovereignty is ongoing and must be vigilantly defended.

As ever Index stands with the people of Georgia against any moves towards censorship and away from democracy. We are in awe of their bravery and they are not alone.

Protesting to save democracy in Georgia

In the south-eastern corner of Europe, in the small country of Georgia, a monumental struggle is unfolding between the government’s authoritarian ambitions and civil society’s determination to advance fundamental freedoms.

Tens of thousands have been out of the streets of the capital Tbilisi protesting the planned adoption of the Russian-style “foreign agent” law which labels NGOs and media outlets receiving more than 20% foreign funding as “organisations acting in the interest of a foreign power”. The adoption of such a law threatens the country’s vibrant civil society and dashes the dreams of Georgians who want European Union integration. If the law comes into effect, democratic norms across Eastern Europe are likely to be negatively affected, with communities of human rights defenders coming under increasing pressure from governments tempted to follow suit. All who care about freedom and democracy need to take action now and demonstrate global solidarity for Georgian civil society.

On 3 April 2024, Georgia’s ruling party, the Georgian Dream Party,  announced that they were resurrecting the so-called “foreign agent” draft law, almost entirely copying the text defeated by mass protests in March 2023. The passing of such a law would give organs of the state sweeping powers to carry out extensive inspections of NGOs and media organisations and forcibly put them on a special registry. Non-compliance would result in heavy fines. The law was adopted at its second reading on 1 May 2024 against the backdrop of furious mass protests outside the Parliament. The third and final reading is scheduled for 17 May.  

Contrary to the declared aims of the authorities to increase transparency within civil society, the draft is a key legal instrument straight out of the Russian authoritarian playbook. It goes without saying that such a law violates freedom of association. Over 150 civic and media organisations in Georgia have already vowed not to register, potentially resulting in many people who are victims of abuse being left without vital services and without support in their fight for justice. 

The revival of restrictive legislation against NGOs is part of a larger pattern of assault against a broad range of human rights in Georgia. In recent years, civil society and international human rights bodies have raised numerous concerns about the narrowing civic space for free expression and protest. They have highlighted illegal surveillance, attempts at criminalisation of legitimate human rights work, smear campaigns and increased physical attacks particularly on the LGBT population, coupled with impunity for often violent far-right political groups. The democratic decline in the country is confirmed by international civil society rankings, with Georgia dropping staggeringly low on the World Press Freedom Index, and being assessed as becoming a “semi-consolidated authoritarian regime”. 

Last month in other assaults on the rights of women and minority groups the Georgian Parliament hastily abolished mandatory gender quotas for women within political party lists and initiated constitutional amendments which threaten to outlaw LGBTQI-related expression and protest. Georgia holds parliamentary elections on 26 October 2024, and the proposed “foreign agent” law calls into question the ability of NGOs to roll out their usual large-scale election observation missions, which have traditionally played a key role in ensuring elections are free and fair. 

Understandably, Georgian civil society and the public have not been sitting idly in the face of such an existential threat to democracy and civic space. One of the key victories of civil society was the success in countering the official narrative about alleged lack of foreign funding transparency. Human rights defenders and activists successfully made the wider public aware that the law was about Russian-style authoritarianism with more repression to follow, and it would totally undermine Georgia’s European integration, which enjoys a steadfast 7983% support and is guaranteed by the Constitution. Hence the main protest slogan: “Yes to Europe, No to Russian Law”.

The shifting of narrative also worked because the Georgian public remembers the term “foreign agent” and its negative connotations which hark back to Stalinist repression. In the 1930s, a whole generation of Georgian intellectuals were executed on trumped-up charges, accused of being “spies” of various Western states. 

Since parliamentary hearings on the law began in mid-April, protests have been unrelenting. They are mostly organised horizontally and led by students and young adults, dubbed as “Gen Z”. Georgia has a population of just 3.7 million, which makes the gathering of more than 100,000 people in front of the Parliament all the more extraordinary. The opposition to the law has gripped the entire society, with theatre performances across Georgia ending in declarations of protest against the law. Sportspeople, football clubs, some businesses, writers and cultural workers, teachers, start-ups, bloggers, doctors and academics have come together to condemn the government’s plans.

The law enforcement uses illegal and largely disproportionate force against mostly peaceful protesters. Tear gas, stun grenades, pepper spray and water cannons are almost a daily occurrence, with documented cases of likely illegal use of rubber bullets and beatings, judged tantamount to ill-treatment and torture. Yet, the protesters stand firm.

The anticipated descent of Georgia into the authoritarian abyss will be felt more widely across Eastern Europe, where human rights defenders face many risks due to wars or repressive regimes. Despite negative trends and proven cases of cross-border intimidation of dissidents, Georgia is still a place of temporary shelter and a relatively safe space for those who can no longer carry out civic work in their own countries, or who need a brief respite. All this is expected to vanish with the adoption of “foreign agent” law. 

International condemnation of recent events has been unanimous. The European Union has made it clear that the proposed draft legislation undermines Georgia’s EU accession path. Yet, the government rhetoric remains in the eyes of many of us unhinged, brazen and threatening. The authorities seem to be set on adopting the “foreign agent” law at all costs. This would signify a U-turn regarding Georgia’s place within the international rules-based order. Moreover, what is at stake is the end of a vibrant civil society which has played a role in upholding fundamental freedoms within and beyond national borders. International organisations, civil society and like-minded states should leverage all legal means available to exert pressure on the authorities and be even more vocal in their support to the Georgian public and human rights defenders. They need to act today. Tomorrow could be too late.

Burkina Faso has chosen the tool of the tyrant

With the world absorbed in too much news some important stories in the world of freedom of expression can be lost. As we mark World Press Freedom Day it’s worth taking a moment to reflect on what is really happening around the world, away from the daily news agenda, from the ‘foreign agent’ bill in Georgia, to the restrictions being placed on journalists in Myanmar, Ethiopia, Hong Kong and of course Afghanistan.

It’s one of these unheard stories which I want to focus on this week. In the ongoing global struggle for press freedom, Burkina Faso finds itself embroiled in controversy once again. The recent suspension of foreign media outlets over their coverage of a damning report accusing the country’s army of civilian massacres underscores an appalling trend towards censorship and repression.

The report, released by Human Rights Watch (HRW), alleges that Burkina Faso’s military was responsible for the killing of 223 civilians in retaliation for their support of armed Islamists. This accusation has been vehemently denied by the military government, which seized power in a coup in 2022 with the promise of quelling the Islamist insurgency plaguing the nation.

But instead of choosing light and transparency the government has chosen the tool of the tyrant – censorship.

Foreign media outlets such as the BBC, Voice of America, and Deutsche Welle have been suspended, their websites blocked, and broadcasts halted for daring to report on HRW’s findings. This outrageous approach to silencing truth and dissent stifles the flow of information and undermines the fundamental principles of freedom of expression.

The joint statement from the governments of the United States and United Kingdom unequivocally condemns Burkina Faso’s actions, emphasising the importance of an unfettered press in fostering informed public discourse. As we mark World Press Freedom Day, these acts of censorship serve as a stark reminder of the critical role that media plays in holding power to account and safeguarding democracy.

The suspensions imposed by Burkina Faso’s Superior Council of Communication not only violate the rights of journalists but also deprive the Burkinabe people of access to independent and accurate news. By blocking HRW’s website and restricting media coverage of their report, the government effectively shields itself from scrutiny and accountability.

Such tactics are not unique to Burkina Faso; they are part of a broader global trend towards authoritarianism and censorship. Across the world, journalists face intimidation, harassment, and violence simply for doing their jobs. This week, the BBC World Service has revealed for the first time that 310 of its journalists are living in exile.

The international community must stand in solidarity with journalists and media organisations under attack. Advocating for freedom of expression is not only a matter of principle but also a practical necessity for the functioning of democratic societies. When the voices of the oppressed are silenced, tyranny reigns unchecked.

As the world marks World Press Freedom Day, let us reaffirm our commitment to defending the rights of journalists everywhere. In the face of adversity, their courage and resilience serve as a beacon of hope for a brighter and more just future.

Interview with Justice for Journalists’ Maria Ordzhonikidze: how Russia is using Covid to clamp down on the media

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In March 2020, Index on Censorship partnered with Justice for Journalists Foundation to keep track of attacks on media freedom under cover of the Covid-19 pandemic.

Four months on and the project has recorded more than 230 physical and verbal assaults, detentions and arrests and fines around the world. Authoritarian governments are increasingly using the pandemic to clamp down on media freedom. The largest number of incidents are in Russia and the former Soviet Union. Here associate editor Mark Frary talks to JFJ’s director Maria Ordzhonikidze about why media freedom is in decline in the region.

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