Georgia’s ruling party proposed on January 28 a new package of legislation that would criminalize core civic activity and erect sweeping barriers to political participation.
If adopted, the draft laws would make it a criminal offense to receive foreign funding without prior government authorization, punishable by up to six years in prison. The bill defines a “foreign grant” as any funding or material support received from abroad that authorities deem intended to influence a public authority or a “segment of society” in shaping Georgia’s domestic or foreign policy.
The proposed legislation also takes aim at Georgian groups operating in exile. The laws would, among other things, require government approval before foreign organizations could fund their local branches in Georgia; before foreign-registered entities whose activities primarily relate to Georgia could receive funding; and before foreign actors could hire local experts. In certain circumstances, the authorization requirement would also apply to the provision or receipt of technical assistance, expertise, or knowledge from foreign sources.
The bill further expands the definition of “foreign donor” to include not only foreign nonprofit organizations, foundations, and associations, but also foreign individuals. As a result, even private financial transactions between individuals could fall under government scrutiny. The legislation sets no minimum financial threshold, meaning transfers of any amount could require prior approval. Failure to obtain authorization or to comply with related requirements would trigger criminal liability, including up to six years’ imprisonment.
The package also introduces an eight-year ban on political party membership for anyone previously employed by an organization the authorities deem as representing “foreign interests.” This designation would apply to any organization that receives more than 20 percent of its funding from foreign sources in a calendar year. In practice, this would bar many current and former civil society employees from joining political parties. Notably, the amendments could apply retroactively.
Georgian human rights groups have warned the proposals would have a devastating impact on political freedoms and are fundamentally incompatible with human rights and democratic principles. The Council of Europe Commissioner for Human Rights has similarly stated that the amendments conflict with Georgia’s international obligations to protect freedom of association.
Georgian authorities should abandon these unjustifiable measures and instead uphold the country’s constitution and international commitments. A vibrant, independent civil society is essential to the protection of civil and political rights in Georgia.
