The Bureau of the Georgian Parliament supported the initiation to start reviewing procedure of the draft law “On transparency of foreign influence”, despite the fact that the draft law did not have a conclusion of the legal department. According to the existing practice, the draft law submitted without this conclusion was returned to the authors by the bureau previously.
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While holding the session at the bureau, concurrently the rally was held in the parliament building by internet publications and investigative journalists. They urged Parliament chairman and the members of the bureau not to accept the Russian draft law, which, if approved, will lead to the closure of independent media outlets.
Teoba Akubardia, oppositional parliament member, said at the session of the bureau that the purpose of the draft law submitted by so-called People’s Power is not to make media and non-governmental organizations’ finances transparent, which is possible in another way, “without attaching labels”. “We have the experience of Russia and Hungary. In EU countries, such labels are considered as violation of universal human rights and are unacceptable to EU member states. They directly told us that even the consideration of the said draft law will damage the candidate status. This law was adopted in Russia in 2012. In this case, the only exception is that you don't put the civil sector in jail and fine the same amount as in the Russian legislation”. Teona Akubardia asked the Parliament speaker: what example does the adoption of this law set for the society of Abkhazia occupied by Russia, which opposes the adoption of the law on agents of foreign influence and whether the ruling party will consider sending the draft law to the Venice Commission. Shalva Papuashvili did not answer these questions.
Davit Usupashvili, a member of parliament from the Lelo party, said that there is nothing American in the draft law, and Irakli Kobakhidze, Georgian Dream party chairman, who publicly supports the draft law, should also be named among the initiators.
“The fact of receiving funding based on this draft law is already recognized as a sufficient fact that the donor is trying to pursue its interest in this country and the recipient is under his control, under his influence and follows his instructions. American law is the opposite. Those of you who are advocating that the places where the type of ideas that... Mr. Shalva worked for years in that organization and you turned the people with whom you had a financial relationship here into the interests of a foreign power, Shalva? Were you doing it under the control of a foreign force? Were you under the control of a foreign power when you were working on some draft laws here, and did you “enslave” those who worked for you to work for the interests of a foreign country? This is nonsense, people,” Usupashvili addressed the chairman of the parliament, who has been working in projects financed by foreign organizations for years.
According to Fridon Injia from the European Socialists, he asked before People’s Power that non-governmental organizations should be included in the framework, because some of them often make political statements.
“They appeared to us as a political party, they already had structures created as a political party. That's why I thought, and already on June 23, I asked the Prime Minister, I asked the majority to adopt the appropriate law, which would put everything in its framework. Why are we going easy on them? If there are state interests, those state interests should be brought to the end and not halfway. If there is something to be tightened, that's enough... For 30 years, these organizations have been doing what they want. They were almost appointing ministers, public defender, and many others”.
Another deputy of the European Socialists, Avtandil Enukidze, said that those who want friendship with Georgia should be friends with the government elected by Georgian people and give them money.
“Those non-governmental organizations should stop planting bombs here. I don't know whose it is. That money was given to the government of Georgia. Don't drop bombs. This is done so that if the government won’t be obedient, they will act. This is the truth that you don't want to tell so clearly. In all countries, they put such money for that.
Yes sir, let them spend their money and talk about butterflies and botany as much as they want. When I filled out the declaration, I was fined 1200 GEL because I forgot one of my wife's accounts, in which there was no money at all. Gigauri (Director of Transparency International Georgia) was given 25 million. Where is the 25 million? Why doesn't they tell us where it was spent? Why doesn't they answer me? And I was fined 1200 GEL - I forgot one empty account. it's just insulting,” said Enukidze.
Girchi’s leader Iago Khvichia compared the draft law, by which non-governmental organizations and journalists of independent media should be registered as “foreign agents”, to the rule of transparency of political finances and said that some of them deserve it.
“What is happening now with NGOs and the media, has already happened with politicians and political parties. Our finances and politics are controlled in exactly the same way, with the same argumentation, as now NGO”. In general, I believe that the NGOs and media organizations that supported the restriction of politicians in such a way that they do not like the restriction on themselves now, are even worthy and deserve it, because when they were restricting politicians, then, on the contrary, new restrictions and control mechanisms They asked. My question is something else - how did this People’s Power draft law deserve more attention, which we will now urgently see, than the draft laws that we introduced for discussion a year ago, which deal with the illegal detention of people. Why did it deserve more attention than the draft law that It concerns the release of illegal prisoners.
- According to the draft law, an agent of foreign influence is a non-entrepreneurial (non-commercial) legal entity (non-governmental organization) and a media outlet, the income of which is more than 20% from abroad, with the exception of those organizations established by an administrative body (state or municipal body/institution) or national sports federations.
- Such legal entities will be subject to financial reporting obligations, which include, providing information on the amount and purpose of any money spent during the previous calendar year.Information entered in the register of agents of foreign influence is public.
- According to the draft law, in order to identify the "agent of foreign influence", the Ministry of Justice of Georgia will have the opportunity to carry out monitoring, within the framework of which, it will be granted the authority to process all necessary information, including personal data.
- The basis for starting monitoring is: the decision of the relevant authorized person of the Ministry of Justice; A written statement submitted to the Ministry containing a proper reference to a specific agent of foreign influence;
- According to the draft law, the ministry is also given the authority to impose fines of 10, 20 and 25 thousand GEL and to force registration of organizations.
The initiators of the draft law are members of the parliamentary majority: Sozar Subari, Mikheil Kavelashvili, Dimitri Khundadze, Guram Macharashvili, Viktor Japaridze, Irakli (Dachi) Beraya, Eka Sefashvili, Davit Kacharava and Zaal Mikeladze.
According to People’s Power, the draft law was based mainly on the Foreign Agent Registration Act (FARA) adopted in the United States in 1938, although US State Department spokesman Ned Price said it was based on similar Russian and Hungarian law and not any American law.
The President of Georgia Salome Zourabichvili states that this draft law will not have her support, because such a law will bring Georgia closer to Russia.
According to the assessment of Public Defender’s office, the draft law does not comply with the standards of international protection of human rights and is incompatible with the basic principles of a modern democratic state.
According to the statement of the US Embassy in Georgia on February 20, “it is no coincidence that one of the Kremlin's targets is civil society in Georgia.”