A draft bill Georgia's government is pushing through parliament, the so-called “foreign agents” bill, will place a blanket label on civil society organizations and human rights defenders that creates an atmosphere of "mistrust, fear and hostility" making it difficult for the country's civil society to operate, according to a senior official at the Organization for Security and Cooperation in Europe (OSCE).
Matteo Mecacci, director of the Office for Democratic Institutions and Human Rights (ODIHR) at the OSCE, told RFE/RL's Georgian Service on April 30 that the bill, which has sparked huge protests in the capital, Tbilisi, and called into question the Caucasus nation’s subsequent path towards membership in the European Union, will have "negative consequences for civil society.
"The draft law imposes restrictions on civil society organizations for receiving foreign funding, which is too broad. Some of the provisions are also vague which increases the risk of arbitrary application,” he explained.
"If the essence and content of the draft law is approved, the impact on civil society will still be negative," he added.
Georgia’s parliament was set to vote on April 30 on the second reading of the controversial bill that critics at home and abroad say mirrors Kremlin legislation that has been used in Russia to silence critics and dissent.
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Georgian 'Foreign Agents' Bill Sparks Mass Rallies On Both Sides Of The Issue
Tens of thousands have taken to the streets of Tbilisi for more than two weeks to protest the legislation introduced by the ruling Georgian Dream party.
The United States, Britain, and the European Union, which granted Georgia candidate status in December, have all criticized the bill. EU officials have said it could halt Georgia's progress toward integration with the bloc.
If adopted, the law would require organizations and groups to register as "foreign agents" if they receive more than 20 percent of funding from abroad.
"I understand that the majority of civil society organizations in Georgia receive financial support from international donor institutions, (and indeed almost all larger organizations voluntarily reveal the list of their donors),” Mecacci said in written remarks to questions from RFE/RL.
"This draft law, if adopted, would therefore turn the vast majority of civil society institutions overnight into 'foreign agents' or 'representatives of foreign powers,' which is contrary to the spirit of international cooperation.”
Matteo Mecacci, director of the OSCE's Office for Democratic Institutions and Human Rights (file photo)
At a pro-government rally in Tbilisi on April 29, former prime minister Bidzina Ivanishvili, the billionaire who founded the ruling Georgian Dream party and remains influential, claimed that a "global party of war" had hijacked the EU and NATO and was using those institutions to undermine Georgian sovereignty.
Critics say the legislation is similar to a law in Russia that first targeted NGOs and rights groups before being expanded to include media organizations, individual journalists, YouTube vloggers, and others who receive money from outside of Russia. Kyrgyzstan has passed similar legislation and lawmakers in Kazakhstan have been mulling such a move.
Such “foreign agent” laws have a "chilling effect" on civil society, said Mecacci, who headed the OSCE election observation mission to Georgia in 2013 and was a member of the Italian parliament.
“A blanket label on civil society organizations and human rights defenders as foreign agents or anything similar creates an atmosphere of mistrust, fear and hostility that makes it difficult for civil society to operate, Mecacci explained.
“The European Court of Human Rights has also said clearly that this kind of labelling is not just unjustified and prejudicial, but also has a strongly stigmatizing effect on their activities.”
SEE ALSO: Wider Europe Briefing: The Georgian Gamble And The Big EU Enlargement 20 Years LaterBackers of the Georgian bill defend it by claiming it is similar to legislation in Western countries, including the United States.
That comparison was misleading if not flat-out false, argued Mecacci.
“There is a fundamental difference between the draft law under discussion and legislation in the U.S. and some other countries.
"In the latter, the legislation does not label civil society simply for receiving foreign funding, but rather seeks to ensure that private companies or nonprofits that take part in advocacy or lobbying efforts on behalf of a foreign power, register with the authorities, and then that this information is made publicly available,” he said.
“Such legislation does not apply to independent civil society organizations or media as such, and the mere receipt of funding from abroad is not sufficient to presume that they are “agents” of a foreign power and put into question their independence. The issue is not the origin of the funding received by the organization, but the nature of its activities and the work they conduct in the country.”
The Georgian bill is nearly identical to a proposal that the governing party was pressured to withdraw last year after large street protests.
The only change in wording from the previous draft law says noncommercial organizations and news media that receive 20 percent or more of their funding from overseas would have to register as “pursuing the interests of a foreign power.” The previous draft law said “agents of foreign influence.”
Although Georgian President Salome Zourabichvili says she would veto the law if it is passed by parliament in the third reading, the ruling party can override this by collecting 76 votes. Then the parliament speaker can sign it into law.
The final reading of the bill is scheduled to be debated on May 17.