Security Ministry Draft Met by CSOs with Indignation

On February 19, 2003 a group of leading Civil Society Organizations (CSO) met to discuss a controversial draft law by the State Security ministry, which calls for suspension of activities of the organizations “under foreign control.” The CSOs representatives said the document is legally incompetent and unsubstantiated.

On January 18, 2003, the Ministry of State Security circulated a draft law “On Suspension of Activities, Liquidation and Banning of the Extremist Organizations and the Organizations under Foreign Control.” The draft is seen by the CSOs as a continuation of the government pressure on civil society.

Giorgi Khutsishvili, head of the International Center for Conflicts and Negotiations (ICCN), said the draft of this law was strongly reminiscent of the Communist era, when only governmentally sanctioned foreign relations and activities were permitted. “This is a step backwards, endangering fragile democracy,” Khutsishvili said. 

The draft law reads to suspend, liquidate and ban activity of the organization being under the foreign control and implementing activity damaging “the interests of Georgia”. At the same time, the “foreign control” is defined as any attempt to receive or receipt of the funds and other assistance from any international or foreign entity, including international organizations and private individuals. “The interests of Georgia” are also not defined.

The draft law also states the leaders and members of the organization expressing the radical opinions will be arrested. Meanwhile, the members of the organization are deprived the right to participate in elections, referenda, hold public protests and demonstrations. At the same time the property of the organization will be confiscated.

Legal expert, David Usupashvili and Tinatin Khidasheli of the Georgian Young Lawyers’ Association (GYLA) say the draft is dangerous as it removes mentioned topics from the domain of criminal prosecution to the administrative offense. Hence, the state authorities would not have to prove their charges beyond the reasonable doubt, but the sole assumption of the organizations being “under foreign control,” upheld by the Supreme Court (in case of the CSOs) or the Constitutional Court (in case of the political entities) would be sufficient to apply the grave sanctions foreseen by the legislation.

Spokesman of the Security Ministry Nika Laliashvili was present at the meeting. He stated, the document represents only “a first, raw draft” that he decided to share with the media. Laliashvili said the idea of creating the draft derives from the decision of the Security Ministry of Georgia, to form a legislative basis for the worldwide antiterrorist movement.

He also informed the participants, that within the framework of this program the package of the laws will be initiated, where the priority will be given to the fight against terrorism and liquidation of the civil, political and religious organizations’ activity associated with the terrorism.

“This is just a draft of the law and it is early to discuss it, but we still wished to present it to the public” spokesman of the Security Ministry, Nika Laliashvili said at the meeting. He promised the members of CSOs that the Security Ministry would consider all the arguments and suggestions. 

“If the parliament adopts the law, it means the Public Defender’s office will stop functioning as well, as most of our activities are related with foreign aid and financial assistance from the friends of Georgia,” Nana Devdariani, Ombudsman of Georgia said at the meeting.

Tinatin Khidasheli, of GYLA considers this draft to be an attempt at toughening the control on liberty of expression on the eve of the parliamentary elections.

Members of CSOs expressed their deep concerns about the draft of the law and suggested the Security Minister to have a meeting with the leaders of the third sector.