Today, on May 21, the Venice Commission published an urgent opinion on the Russian Law On Agents. The Commission strongly urges the authorities to repeal the law in its current form due to its fundamental flaws, which are expected to result in significant negative consequences for the rights to association and freedom of expression, privacy, the right to participate in public activities, and the prohibition of discrimination. Such consequences would notably affect open, informed public debate, pluralism, and democracy.
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“The Venice Commission expresses deep concerns about the fact that this human-rights sensitive Law was adopted in a rushed way (very little time separated the three readings in Parliament), with no meaningful consultation process.
This is all the more unfortunate, as the reactions to a similar draft law in 2023 had shown the polarization regarding its adoption and there was thus a particular and demonstrable need to carry out meaningful consultations with the stakeholders affected by the Law, notably civil society organisations, online media outlets and broadcasters. The Law is not an amendment to previous existing legislation.
The Venice Commission has analysed the compatibility of the Law with the applicable international and European standards, based on principles developed in its numerous previous opinions on a similar matter.
It concludes that the restrictions set by the Law to the rights to freedom of expression, freedom of association and privacy are incompatible with the strict test set out in Articles 8(2), 10(2), and 11(2) of the ECHR and Article 17(2), 19(2) and 22(2) of the ICCPR as they do not meet the requirements of legality, legitimacy, necessity in a democratic society and proportionality, as well as with the principle of non-discrimination set out in Article 14 of the ECHR.
Being designated as an entity pursuing the interests of a foreign power under the Law has serious implications as it undermines both the financial stability and credibility of the organisations targeted as well as their operations. The combined impact of burdensome registration and reporting requirements (including disclosure of financial information), which limit access to funding options for stigmatised associations, along with severe administrative fines they may incur, constant surveillance, will with no doubt complicate and threaten the effective operation and existence of the organisations concerned.
The persistent and stigmatising obstacles concentrated in the hands of the state create a chilling effect.
The Law, under the alleged aim of ensuring transparency, has the objective effect of risking the stigmatising, silencing and eventually elimination of associations and media which receive even a low part of their funds from abroad.
A strong risk is created that the associations and media which come to be affected will be those who are critical of the government, so that their removal would adversely affect open, informed public debate, pluralism and democracy.
The Venice Commission strongly recommends that the Georgian authorities abandon the special regime of registration, reporting and public disclosure requirements for civil society organisations, online media and broadcasters receiving foreign support, including the administrative sanctions.
While the existing Georgian legislation already contains provisions requiring organisations concerned by the Law to register and report, including on their sources of funding, no convincing explanation has been given on why the existing obligations would be insufficient for the purpose of ensuring transparency. In case the existing provisions proved insufficient, the Georgian authorities should consider amending the existing laws in compliance with European and international standards. In particular, genuine representation (lobbying) activities on behalf of foreign countries could be regulated in line with European standards, should the current legislation not be adequate.”
The Venice Commission expresses concern that the Parliament of Georgia did not wait for its conclusion and voted for the bill in three readings, despite calls from the President of the Parliamentary Assembly and the Secretary General of the Council of Europe.
The Venice Commission criticizes the authorities for secretly introducing a change in the third hearing, which extends the responsibility to natural persons.
“Further, it appears that the additional, substantive changes which were made to the law during the third reading were not made public immediately. The Venice Commission cannot but express deep concern about such absence of transparency.”
On April 15, the President of the Parliamentary Assembly of the Council of Europe (PACE), Theodoros Roussopoulos, sent the Russian Law On Agents to the Venice Commission and asked the Commission to determine expeditiously whether it complied with the standards of the Council of Europe.
Georgian Dream reintroduced the Russian Law on so-called Foreign Agents, which had been recalled last year, in the parliament on April 3, 2024. On May 14, it was adopted in the third and final reading. The authorities did not take into account the warnings of international partners or the demands of the ongoing, large-scale protest actions in the country to unconditionally withdraw the law.
President Salome Zourabichvili vetoed the Russian Law on May 18. The President stated that the Russian Law On Agents contradicts the Constitution of Georgia and all European standards, and is an obstacle to the country's European path. The Parliament plans to override the President's veto in the next session week.
