EXPLAINED: Georgia on Our Mind as the Battle Over Its Future Intensifies

For the past seven weeks Georgia has experienced mass daily protests sparked by the ruling party’s reintroduction of a controversial “foreign influence” law in April, after giving up on similar measures last year.

Thousands have been protesting in Tbilisi against the “On Transparency of Foreign Influence” bill, which the pro-European opposition has dubbed the “Russian law” due to its similarity to Russia’s “foreign agents” law.

It has come to symbolize the division between Georgians who want to be accepted as part of the democratic European family and those preferring accommodation and closer ties with Russia. For many Georgians it amounts to a battle between forces supporting democracy and Georgia’s independence and those preferring authoritarian methods modeled on Russia’s.

Despite the protests, the Georgian Parliament adopted the law in its third reading on May 14. President Salome Zurabishvili vetoed it on May 18, but the Parliament overrode her veto on May 28.

Eighty-four deputies, mainly from the ruling Georgian Dream party, voted to overturn the veto, surpassing the required 76 votes out of 150.

What comes next?

According to the Constitution of Georgia, the document must be handed over to the President within three days. President Zurabishvili can sign and publish it within five days. If she does not, the Chairman of Parliament, Shalva Papuashvili, will sign and publish it.

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“The president will not sign the law, but then it will return to parliament, where the speaker will sign it,” Georgian journalist and activist Khatia Khasaia told Kyiv Post.

A lawsuit against the bill might follow, which the President or Georgian media and NGOs could file in the Constitutional Court. This process would take several months, making the bill’s exact enactment date unclear.

“A signal has already been received from Europe that certain measures will be taken. These are likely to be sanctions, as in the case of the United States, which imposes personal sanctions and is also considering a review of relations between Tbilisi and Washington in all spheres of life,” Khasaia added.

Key provisions of the “Transparency of Foreign Influence” law

The new law requires NGOs and media, which receive over 20 percent of their funding from abroad, to register as “organizations promoting foreign interests” and to submit annual financial reports, which will be made public.

If they fail to register or submit these reports, they will face a fine of 25,000 lari (approximately $9,400).

When the law is enacted, the Ministry of Justice would have the authority to conduct monitoring at any time to ensure compliance, including accessing necessary information and personal data.

Human rights activists have raised concerns about the law’s monitoring provisions, arguing that the lack of limitations allows for unrestricted access to all types of information within organizations and media outlets.

Are Russian and Georgian versions of the law on “foreign agents” similar?

Yes, very similar.

The Georgian initiative mirrors the Russian law “On Control over the Activities of Persons under Foreign Influence,” allowing the Ministry of Justice to label any NGO, media, or individual as a “foreign agent” with minimal proof – merely receiving foreign funds or being claimed to be under foreign influence suffices.

In Russia, violations can result in fines of up to 300,000 rubles (about $3,200) and imprisonment of up to five years.

Both Russia and Georgia cite the US Foreign Agents Registration Act (FARA) as a precedent, which imposes up to 5 years in prison and a $10,000 fine for violations. However, FARA is rarely enforced, with only 7 cases reaching court in 50 years.

Meanwhile, in Russia, the “foreign agents” law is widely applied, with administrative fines increasing more than 20-fold in 2023.

The US defines a “foreign agent” as someone under the control of a foreign principal, while in Russia and Georgia, even partial foreign funding is enough.

What is the risk of adopting the Law?

Local and foreign experts warn that the new law will limit the activities of those who oppose the ruling Georgian Dream party.

With parliamentary elections set for Oct. 26, the law could enable the ruling party to tighten controls over election monitors and journalists to secure another victory.

“Of course, there are consequences for the country. The main thing is the threat to the European future. More than once, EU parliamentarians have called for the status of EU candidate to be taken away from us,” Khasaia told Kyiv Post.

“EU accession negotiations may simply not begin. The country will lose the financial support that, for example, the United States has provided to us since independence,” she added.  

According to Khasaia, the NGOs will shut down because nearly everyone has declared disobedience and does not intend to register as a “foreign agent.” As a result, the ruling party will initiate repressive actions.

“The Russian scenario, which began in 2012 and has reached the present day, will be repeated. All this, of course, will happen in the worst case,” Khasaia said.

What do Georgian activists say?

People were well aware of what was going to happen, Khasai said. However, as protesters themselves assert, the true battle and the final verdict will come during the elections.

“Just because a law is passed doesn’t mean we’ll back down,” Khasai said. “Protests will persist, and new videos will surface online, showing citizens confronting deputies of the ‘Georgian Dream’ who supported the law, labelling them as traitors and puppets,” Khasai told Kyiv Post.

Now, according to the Georgian activist, the country’s future depends on the elections, a sentiment echoed by hundreds of thousands of Georgian citizens.

“It’s not about the Georgian Dream or the National Movement, [Bidzina] Ivanishvili or [Mikheil] Saakashvili anymore,” Khasai said.

“It’s a simple choice between the West and Russia. And 80 percent of Georgians have already made their stance clear, as also stated in the Constitution: we are committed to the EU and NATO,” she added.

Nadim Khmaladze, a well-known public figure and volunteer who has served with the Armed Forces of Ukraine since March 2022, shares high hopes for the upcoming elections.

“Eighty-four deputies overcame the president’s veto. The Georgian people won’t allow the Iron Curtain to descend on the free world. The Oct. 26 elections will be a referendum, and this law will be nothing more than a piece of paper,” Khmaladze said.

“We will surely emerge victorious because the Georgian people have never been more united. The Georgian Dream united us by adopting a Russian law. We will triumph. Ukraine will triumph, and together, we will join the European Union and NATO,” he added.