Venice Commission issues urgent opinion on Georgian law on transparency of foreign influence

The European Commission for Democracy (Venice Commission) on Tuesday issued an urgent opinion urging the repeal of Georgia's Law on Transparency of Foreign Influence, citing significant incompatibility with international human rights standards.

“The Venice Commission regrets at the outset that this [transparency] Law, which is human-rights sensitive but is also highly controversial in Georgian society, as is demonstrated by the massive reactions in the country, was adopted in a procedure which left no space for genuine discussion and meaningful consultation, in open disregard for the concerns of large parts of the Georgian people”, the statement said.

In the statement, the Venice Commission noted that the process of adopting the law lacked genuine discussion and meaningful consultation, disregarding the concerns of a significant portion of the Georgian population.

“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”, the statement said.

The manner of proceeding did not meet European democratic law-making standards, especially given the polarised reactions to a similar draft law in 2023, Venice Commision said.

“Being designated as an entity pursuing the interests of a foreign power under the [transparency] 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 creates a chilling effect”, the statement noted.

The Commission noted that these measures risk stigmatising, silencing, and ultimately eliminating organisations and media critical of the government, thereby threatening public debate, pluralism, and democracy.

The Venice Commission has offered its assistance to the Georgian authorities and the Parliamentary Assembly to ensure that any future legislation aligns with European and international standards, thereby protecting the democratic principles and human rights essential for Georgia's development.

“In conclusion, the Venice Commission strongly recommends repealing the Law in its current form, as its fundamental flaws will involve significant negative consequences for the freedoms of
association and expression, the right to privacy, the right to participate in public affairs as well as
the prohibition of discrimination. Ultimately, this will affect open, informed public debate, pluralism and democracy. The Venice Commission remains at the disposal of the Georgian authorities and of the Parliamentary Assembly for further assistance in this regard”, the statement concluded.