Massive protests earlier this month forced the Georgian government to end its attempt to ram legislation through its parliament that it said would curb “foreign influence,” but that would have crushed civil society and any political opposition.
The ruling Georgian Dream Party had claimed the legislation was necessary to raise awareness of foreign influence in the country. Although the law has been withdrawn, it is only a symptom of the country’s broader democratic backsliding, a trend that cannot be reversed by the mere failure of this legislation. As the Biden administration holds its second pro-democracy summit this week to further its commitment to curbing authoritarian tendencies, it should turn the attention spurred by this near miss to Georgia.
The proposed law on “foreign agents” was similar to the law passed in Russia in 2012. There, President Vladimir Putin’s government has used it to prevent a number of civil society organizations and independent media from doing their jobs, imposing heavy fines and legal restrictions on their work and, in many cases, forcing them to shut down completely . In Russia and other countries in the region, the term “foreign agents” has been used to slander human rights groups and pro-democracy organizations as affiliates of outside forces, when in reality they represent grassroots movements critical of authoritarian regimes.
The result of the law in Russia was that any semblance of a Russian civil society with the ability to monitor and criticize the state was eradicated. The law allowed Putin to further consolidate his power, exemplified when the human rights organization Memorial was banned two months before Russia invaded Ukraine. Memorial was one of three organizations to share the Nobel Peace Prize last year.
Georgian civil society organizations and independent media feared that the enactment of their government’s laws would seriously affect their ability to function and most likely lead to their cessation of activities in Georgia. The European Union and the United States, the two largest donors, opposed the law, as did prominent international NGOs such as Human Rights Watch and Amnesty International.
Georgia has been one of the United States’ strongest partners as a bulwark against Russia in the region while continuing to wrestle with the territories Russia has occupied since its invasion there in 2008. Closer ties with Russia have signaled the country’s ability to effectively countering the malicious influence of Russia has subsided. The recent debacle with the Foreign Agents Act has seriously damaged government credibility in Brussels and Washington.
When asked about US-Georgia relations in a news conference on March 7, three days before the law was withdrawn and amid widespread protests in the Georgian capital Tbilisi, State Department spokesman Ned Price replied that the United States “are concerned that the partnership will be jeopardized, at least in part, should legislation like this go ahead.” This is hardly the kind of reaction the Georgian government wants to provoke if it is genuinely committed to a strong partnership with the United States and definitive accession to the EU would begin. In fact, last June the European Commission decided to postpone the granting of EU candidate status to Georgia.
The law on foreign agents is just the latest in a series of steps taken by the ruling party to conquer, or at least undermine, many of Georgia’s key democratic institutions. The government has attempted to limit the independence of the judiciary, attempted to subvert or seize control of a significant portion of the media, and attacked any organization seeking greater transparency and control.
The ruling party’s slow deterioration of Georgia’s institutions in recent years has ramifications far beyond domestic politics. It has made Georgia more vulnerable to Russian encroachment and a less reliable ally for the United States, and reduced its prospects as an EU candidate.
While public condemnation of the Biden administration has been strong lately, the administration should also seriously consider the condition of non-security aid to Georgia to convey the seriousness of its concerns. The Georgian government should not expect the same level of support it has enjoyed for many years when its leadership is actively undermining the country’s role as a US ally in the region.
The role that former Prime Minister Bidzina Ivanishvili continues to play informally in Georgian Dream politics also deserves closer scrutiny from the United States. Although Ivanishvili has no official position, it is widely believed that he is still the de facto leader of the party. In recent years, Ivanishvili has acted less as a participant in the political process and more as an oligarch. As the country’s richest person, Ivanishvili retains an influential role in Georgian Dream, but one with little transparency. The Biden administration should demand more transparency from the Georgian government about his role and work with the EU to investigate whether Ivanishvili’s activities violate existing sanctions regimes or other common guidelines related to Georgian security.
Parliamentary elections are due in Georgia next year. The behavior and credibility of this vote will be an important indicator of whether the country is embracing more democracy or whether it will become less democratic and even more vulnerable to Russian interference.
When domestic institutions in Georgia are undermined by proposals such as the Foreign Agents Law, the country’s overall security will be weakened. It is vital that the United States puts pressure on the current Georgian government to press ahead with much-needed reforms, particularly given public support for eventual EU membership, and to ensure its vibrant civil society is free to operate. Without US pressure, the current administration will feel emboldened to implement other laws that undermine Georgia’s democracy.
For years, Georgian civil society has been sounding the alarm about the decline of the country’s democratic institutions. The government has now clearly demonstrated what potentially damaging measures it can take when its officials are left unchecked.
IMAGE: People take part in a demonstration outside the Georgian Parliament in Tbilisi, March 8, 2023, called by Georgian opposition and civil society groups against government plans to introduce controversial “foreign agent” laws, reminiscent of Russian laws, to put pressure on critics to exercise The calls came after more than sixty people were arrested and dozens of police officers injured in violent clashes that erupted in the capital Tbilisi late the day before, amid fears of a democratic backslide in Georgia. (Photo by VANO SHLAMOV/AFP via Getty Images)
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Authoritarianism, Biden Administration, Civil Society, Democracy, State Department, Diplomacy, European Union, Georgia, Legislation, Local Voices, Russia, Russian Active Measures, Summit for Democracy