The Council of Europe will establish a working group with the illegitimate government of Georgia concerning the Russian Law on so-called Agents. The Secretary General of the Council of Europe, Alain Berset, announced this at a press conference following his visit to Georgia, noting that the government has pledged to amend the law. As Alain Berset noted, he expects the law to be revised.
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“I have expressed concern about legislation that restricts the rights of civil society and individuals. Such legislation must be amended to fully comply with European standards as outlined in the European Convention on Human Rights and the Venice Commission’s records.
I welcome the government’s promise to amend the so-called foreign influence legislation. We will now establish a working group comprising experts from Georgia and the Council of Europe, particularly the Venice Commission, to determine the necessary changes to this legislation.
A promise was made today, and the starting point is today,” said Alain Berset.
The Head of the Council of Europe’s Directorate General for Human Rights and the Rule of Law, Gianluca Esposito, also commented on the issue, stating that a joint working group would be established in the coming weeks.
“We are fully prepared. We have experts, including those from the Venice Commission, who will be actively involved. They will present suggestions and recommendations regarding amendments to the law. Both sides are open to collaboration, and we will do everything possible to ensure that any legislation of this kind fully aligns with the standards of the Council of Europe,” said Gianluca Esposito.
He also noted that civil society organizations “with a direct interest in this legislation” would be involved in the process.
According to the head of the illegitimate government of Georgia, Irakli Kobakhidze, during a meeting with the Secretary General of the Council of Europe, he stated that the Georgian Dream party is open to discussion. Kobakhidze also claimed that such openness was evident during the drafting and adoption of the law, as well as after its enactment.
“We reiterate that if anyone can demonstrate that there is something negative in this law, we are, of course, ready to discuss these issues, including cooperating with the relevant structures of the Council of Europe,” said Kobakhidze.
When asked about the directions in which he is open to changes, Irakli Kobakhidze responded as follows:
“There should be a discussion first, right? Maybe during the discussion process, it will become clear that the law is good from beginning to end. If that’s the case, what are we waiting for? Should we change it anyway? Of course, the law cannot be changed under such conditions.
First, we should thoroughly justify what is good and what is not. After that, a decision will be made regarding whether a change is necessary, and accordingly, a decision will be made about what can and should be changed. Therefore, let’s start with the discussion, then determine whether it will change or not, and then identify what will change. This is the healthiest approach to this issue.”
Irakli Kobakhidze also noted that the Secretary General of the Council of Europe is the first European who is ready to engage in a discussion with arguments.
In May 2024, the Georgian Dream adopted the Russian law without taking into account the categorical recommendation from the Venice Commission to repeal it.
As per the Commission’s conclusion, the fundamental shortcomings of the law will have a significant negative impact on the freedom of association and expression, the right to privacy, the right to participate in public life, the prohibition of discrimination, and ultimately on open, informed public debate, pluralism, and democracy.
Representatives of the Georgian Dream claimed that the Commission’s conclusion lacked legal and professional justification.
