PACE Resolution: Agents’ Law Bound to Have Adverse Effect on Elections
On June 27, the Parliamentary Assembly of the Council of Europe adopted a resolution on “Challenges to Democracy in Georgia” with 66 votes in favor and 4 against. Among other issues, the resolution says that the Foreign Agents Law “is bound to have an adverse effect” on the conduct of October parliamentary, calling for its repeal “in its eternity without any delay” and says that recent developments in Georgia raise serious doubts “about the country’s commitment to international democratic norms and Euro-Atlantic integration, and about its willingness to honour its membership obligations and accession commitments to the Council of Europe.”
The co-rapporteurs for this resolution are Mr. Claude Kern from France, representing ALDE (Alliance of Liberals and Democrats for Europe), and Ms. Edite Estrela from Portugal, representing SOC (Socialists, Democrats and Greens Group).
The resolution criticizes excessive use of force against demonstrators and journalists, calling for transparent investigations and accountability. Additionally, it raises alarms about amendments to electoral laws potentially compromising fairness and public trust in upcoming elections. Overall, the resolution underscores the urgent need for Georgia to reaffirm its democratic trajectory, honor its international obligations, and ensure transparent, fair electoral processes free from undue political influence.
Agents’ Law
The resolution says the Assembly shares the Venice Commission assessment of the law, and adds that “this law has nothing to do with financial transparency of non-commercial entities, including civil society organisations and media – for which a comprehensive legal framework already exists in Georgia – nor with preventing nefarious covert foreign interference, rather, it allows undue political control by the authorities over civil society and the media.”
According to the resolution, the Assembly believes that the foreign agents legislation is not an isolated case, but a “culmination of a series of developments that clearly indicate a democratic backsliding” by Georgia. In this context, the resolution calls for the reversal of this “trend.”
The resolution also mentions the law in the context of the upcoming Parliamentary elections in Georgia in 2024, saying the law “is bound to have an adverse effect on the conduct of these elections and on the trust of the stakeholders and public in their outcome, which could affect the legitimacy of the elections.”
According to the resolution, this controversial legislation has turned the upcoming elections into “a de facto referendum on Georgia’s democratic trajectory and foreign alignment, considerably raising the stakes in these elections and adding to polarisation and tensions in the pre-electoral climate.”
Excessive Use of Police Force
The Assembly speaks of the recent protest demonstrations and the intimidation campaign in Georgia as well. “The Assembly is deeply concerned about the excessive and disproportionate use of force by the police and the violent attacks and intimidation campaigns against demonstrators, civil society activists, journalists, and members of parliament, which amount to a crackdown on legitimate displays of disagreement and dissent” the resolution says, adding that these attacks and intimidation acts have not been sufficiently investigated and condemned by the Georgian authorities, which “could lead to a climate of impunity for such acts.”
The Assembly calls for the due investigations, and urges the authorities to ensure the safety of all protesters, civil society activists, journalists, and MPs, irrespective of their opinion on the Foreign Agents Law.
In this context, the resolution also criticizes the Georgian Law on Administrative Offences, calling it “fundamentally flawed” legislation that “allows for an overbroad application of administrative detention and excessively high fines.”
Electoral Amendments
The resolution also reacts to the changes to the electoral code which include abolishing the position of a vice president of the CEC appointed by the opposition, changing changing the procedure for electing the Chairman and so-called professional members of the Georgian Central Election Commission (CEC),
“These changes will make it possible for the ruling majority, by itself, to select and appoint the Chairperson and non-partisan members of the CEC, which would, in effect, give it a majority of members on the CEC. The concerns of the Assembly are compounded by last minute amendments to the Electoral Code, adopted in a hasty manner without consultation with the stakeholders, which altered the legally required majorities for decision making by the CEC,” the resolution says.
The resolution warns that those changes will affect stakeholders’ perception of impartiality and fairness in election administration, impacting how both the legitimacy and fairness of the elections and their results are viewed and accepted by the Georgian public.
In this context, the resolution also voices the concern about the “real possibility” that well-respected and CSOs may not be able to observe the elections due to the Foreign Agents Law.
Anti-LGBT Legislation
The resolution says that the anti-LGBT draft law on the “protection of family values and minors” is incompatible with international human rights standards, and in particular the European Convention on Human Rights.
“The presentation of these controversial draft laws on such emotionally charged issues during a pre-electoral period is regrettable. In that context the Assembly expresses its deep concern about the political manipulation of LGBTI-phobia in the run-up to elections. It calls upon
the authorities to take full account of the concerns and recommendations contained in the Venice Commission Opinion on these laws,” the resolution reads.
Interventions by Political Groups’ Representatives
Representatives from various political groups including SOC (Socialists, Democrats and Greens Group), EPP/CD (Group of the European People’s Party), EC/DA (European Conservatives Group and Democratic Alliance), ALDE (Alliance of Liberals and Democrats for Europe), UEL (Group of the Unified European Left) delivered interventions, with most of them criticizing the democratic backsliding in Georgia and calling for its reversal.
“We have concerns about the rhetoric in the country. So if Mr. Ivanishvili speaks about the influence from outside, who does he mean? It’s us. My impression is he means us. It’s our influence he does not like. We are concerned about the rhetoric and the law against LGBTIQ. We are for sure concerned about the rhetoric and the law about foreign agents. But my biggest concern, and I think our biggest concern, should be towards the elections on the 26th of October. And I spoke on Monday about those countries who are wanting to be part of this organization but not respecting our values and rules. So the price to be a democratic country is that you can lose elections. This is part of the deal with democracy and with us as an organization. And if you really intervene now in the Central Election Commission, very close to the elections and against all the recommendations from international organizations, then we are very concerned,” SOC’s Frank Schwabe said.
“The Georgian democracy is backsliding towards an illiberal democracy and the country’s democratic forces are under heavy pressure. The Council of Europe must send a strong message to the Georgian authorities that their actions are in breach with our standards. At the same time, the Council should be equally visible and strong in its support to the democratic opposition’s forces,” Ingjerd Schie Schou of EPP/CD noted. She also talked about other problematic legislations such as the controversial amendments to the electoral codes and the anti-LGBT draft laws, and encouraged Georgia to follow the Venice Commission reccommendations.
According to her, “we know that oligarchs, with substantial wealth invested in European countries are in position of power in Georgia. I believe that we at one point should start considering how we can limit their influence. Sanctions may be one alternative. We want to keep Georgia in the path to Europe…”
According to Bjarni Jónsson of ALDE, the Foreign Agents Law, as well as the the way it was adopted “is incompatible with European democratic and human rights standards as they are reflected in the obligations and commitments of Georgia to the Council of Europe.” He also noted that “at the same time as we call for this dangerous path to be reversed, we need to support Georgia’s sovereignty and territorial integrity and I applaud the admirable resilience that Georgia has shown in deterring Russian aggression throughout the years. The status of temporarily occupied regions of Georgia and their people is of great concern.”
“Of course it is very important to maintain a clear distinction between what might be termed lobbying and what can be regarded as the chilling effects of a foreign agents law. Of course, not all foreign agency legislation is going to be unacceptable but it must meet certain criteria of legality, legitimacy and indeed necessity or proportionality. And the concern that I would express with regard to recent legislative process in Georgia is that it does not meet any of these requirements…,” Lord Richard Keen of EC/DA noted.
Andrej Hunko of UEL noted that he is concerned about the developments in Georgia, precisely when it comes to a potential move towards the polarization of society. He added he is not sure all interventions from the outside during these developments were helpful. He also noted that he can understand that there is the wish for transparency given that there are thousands of foreign-funded NGOs in Georgia, but also stated his opposition to the law going beyond transparency. He also said amendments to the electoral code are problematic. However, he criticized the talks about sanctions in what he called a “sensitive situation.”
This article was updated on 28/06/2024 at 12:45 to reflect interventions from political group representatives.
This post is also available in: ქართული (Georgian) Русский (Russian)
