Source:                       www.forum18.org

Date:                            June 11, 2024

 

https://www.forum18.org/archive.php?article_id=2913
By Felix Corley, Forum 18

Legal experts have expressed concern about the effect the new Foreign
Influence Transparency Law (popularly known as the Foreign Agent Law) is
likely to have on a range of civil society organisations. Those that
receive more than a fifth of their income from abroad will be required
within the next three months to enter a range of information on a public
register as an "organisation serving the interests of a foreign power".

Relevant organisations that fail to register and provide information
demanded can be given heavy fines (see below).

The Law allows the government to seek intrusive information not only on the
organisations and their staff, but on the personal lives – including the
religious views – of individuals. Many aspects of the law remain vague,
allowing officials to interpret the Law arbitrarily (see below).

Many registered religious organisations are set to fall under the scope of
the new Law. Officials at the Justice Ministry's Legal Drafting Department
refused to say whether only religious communities registered as
non-commercial organisations will be under the scope of the Law or whether
the 57 religious communities registered as legal entities of public law
will also be affected. "We know this information but we are not allowed to
tell you," the official told Forum 18 (see below).

Forum 18 asked Zaza Vashakmadze, head of the State Agency for Religious
Issues, in writing which category of religious organisation would fall
under provisions of the Law and why the state needs detailed information on
all their funding. He did not respond (see below).

Other organisations set to be affected include: religious charities;
non-governmental organisations that work on religion-related issues
(including freedom of religion or belief); and the independent media, which
have often given coverage to freedom of religion or belief cases (see
below).

Human rights defenders fear the new Law will lead to stigmatisation of
organisations and religious communities that have to register as "serving
the interests of a foreign power". They are also concerned at state
officials' powers to seek intrusive information on individuals, including
on their attitude to religion, in violation of international human rights
commitments (see below).

Pastor Zaal Tkeshelashvili of the unregistered Evangelical Church of
Georgia likens the new Law to "the State installing surveillance cameras in
every corner to control the religious or private lives of believers".

Despite vocal opposition on the streets, on 28 May Parliament overrode the
presidential veto on the Law. As President Salome Zurabishvili refused to
sign it, parliament speaker Shalva Papuashvili signed it into law. It came
into force on publication on 3 June (see below).

Maka Peradze, Head of the Human Rights Secretariat in the Government
Administration, refused to say if she had read the text of the new Law. She
declined to answer any questions on the way the Law is likely to affect
religious communities and organisations working on religious-related
issues. "We are not working on any aspect of the new Law. So it is beyond
my competence to talk about it," she told Forum 18 (see below).

"The initiation and adoption process of this Law suggests that the
government's real purpose is not to ensure public 'transparency' of the
finances of private organisations, including religious organisations, but
to exert control," Archil Metreveli, a law professor and Head of the
Institute for Religious Freedom at the University of Georgia, told Forum 18
(see below).

"The adoption of this Law will have an expressly negative impact on human
rights in Georgia, including the freedom of religion or belief," Professor
Metreveli observes. "This effect will be both direct and indirect, and it
will be devastating" (see below).

"It is our belief that the law was specifically designed as an instrument
to target 'others' and religious minorities should consider it a threat to
their fundamental rights and liberties," Giorgi Meladze, a law professor at
Ilia State University, told Forum 18 (see below).

Professor Meladze is particularly worried about the impact on smaller
religious communities. "The speed at which the government rushed to adopt
the Law never gave enough space for wider public discussion and
consultation with stakeholders, including religious minority groups," he
told Forum 18. "One can even argue that religious minorities were kept on
the margins throughout the process" (see below).

"The visibility of religious groups is at a historical low due to
consistent suppression coming from state or state funded private entities,"
Professor Meladze adds. "With very little visibility in public debate,
religious minorities risk losing their rights without this being noticed"
(see below).

Similarity to Russia's Foreign Agents Law

Critics have noted the similarity of the new Law (which they call "the
Russian Law") to the Foreign Agents Law adopted in Russia in July 2012,
with its scope widened in numerous subsequent amendments
(https://www.hrw.org/world-report/2024/country-chapters/russia). Human
rights defenders say this Law has played a key part in crushing civil
society in Russia.

The Council of Europe's Venice Commission called on Russia on 6 July 2021
(CDL-AD(2021)027
(https://venice.coe.int/webforms/documents/?pdf=CDL-AD(2021)027-e)) to
"abandon the special regime of registration, reporting, and public
disclosure requirements for associations, media outlets and individuals
receiving 'foreign support', including the related administrative and
criminal sanctions".

Adoption despite protests

Georgia's Foreign Influence Transparency Law was the initiative of the
ruling Georgian Dream Party, which has ruled since 2012. Its informal
leader is the businessman Bidzina Ivanishvili.

Parliament considered a similar draft in March 2023
(https://www.hrw.org/news/2023/03/07/georgia-foreign-agents-bill-tramples-rights),
but due to the nationwide protest the draft Law was never approved.
Ivanishvili affirmed then that Parliament would never consider adopting a
similar law in the future. "The promise was broken, and not for the first
time," Giorgi Meladze, a law professor at Ilia State University, told Forum
18.

On 3 April 2024, the ruling Georgian Dream Party announced that the Foreign
Influence Transparency Law would be reintroduced to Parliament. It was
submitted on 8 April, endorsed by Parliament's Legal Committee on 15 April
and adopted in the first reading on 17 April. It was approved in the second
reading on 1 May and the third reading on 14 May.

The draft Law was then sent to President Salome Zurabishvili for her to
sign into law. However, she refused to do so and on 18 May sent it back to
Parliament with her specific criticisms.

Despite vocal opposition on the streets, on 28 May Parliament overrode the
presidential veto on the Law. As President Zurabishvili again refused to
sign it, parliament speaker Shalva Papuashvili signed it into law. It was
published in the legislative gazette on 3 June and came into force
immediately.

Professor Meladze complains of the government's haste in adopting the Law.
"The speed at which the government rushed to adopt the Law never gave
enough space for wider public discussion and consultation with
stakeholders, including religious minority groups," he told Forum 18. "One
can even argue that religious minorities were kept on the margins
throughout the process." Even the media "mistakenly" focused only on
secular groups when discussing the Law.

The adoption process was accompanied by widespread protests against the new
Law from local non-governmental organisations, including human rights
groups. International human rights bodies also criticised the Law
throughout the adoption process.

On 2 May, the United Nations High Commissioner for Human Rights, Volker
Türk, urged the Georgian authorities to withdraw the Law
(https://www.ohchr.org/en/statements-and-speeches/2024/05/turk-concerned-reports-disproportionate-use-force-against-georgia)
which, he said, "poses serious threats to the rights to freedom of
expression and association".

The Venice Commission issued an Urgent Opinion on the Law on 21 May
(CDL-PI(2024)013
(https://venice.coe.int/webforms/documents/?pdf=CDL-PI(2024)013-e))
criticising both numerous provisions of the Law and the hasty way it was
adopted. It noted that the third reading adopting the Law came within five
weeks of its submission to parliament.

The Venice Commission regretted that "this 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 Organisation for Security and Cooperation in Europe's Office for
Democratic Institutions and Human Rights (ODIHR) also issued an Urgent
Opinion (https://www.osce.org/files/f/documents/b/d/569922.pdf) on 30 May,
just after Parliament had overridden President Zurabishvili's veto. This
echoed many of the earlier concerns about the content of the Law and its
hasty adoption.

The OSCE ODIHR noted that "the Law does not pursue a legitimate objective
as reflected in international human rights instruments, nor attests to a
particular necessity, and unduly impacts the right to association and right
to privacy, among others".

"A toxic mix for human rights protection"

The Venice Commission's Urgent Opinion warned of the serious impact of the
new Foreign Influence Transparency Law. "Being designated as an entity
pursuing the interests of a foreign power under the Law has serious
implications as it undermines both the financial stability and credibility
of the organisations targeted as well as their operations," it noted.

"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 Venice Commission added. "The persistent and
stigmatising obstacles concentrated in the hands of the state create a
chilling effect."

"To fully grasp the effects of the Law, one needs to also consider the
legal culture in the country and the wider framework," Professor Meladze of
Ilia State University notes. "And here a few characteristics are key: a
formalistic application of law, wide discretion of the executive,
spontaneous and anonymous authorship of the precedent and the
discriminatory attitude of policy-making institutions. Adding to this, the
ambiguous legal regulation surely creates a toxic mix for human rights
protection."

Professor Meladze argues that Georgia's religious minorities have achieved
basic rights and legal security only when they are visible. He fears the
stripping of their "legal security" through the Law could lead to threats
to their physical security.

Bishop Rusudan Gotsiridze of the Evangelical Baptist Church noted the
rising threats as the Law was going through Parliament. "Control and
pressure started even before the adoption of the Law," she told Forum 18
from Tbilisi. "'Unknown people from abroad' were calling me on 12 May, also
to another bishop, Father Malkhaz [Songulashvili], and Father Ilia from our
church. Then I found out that these 'unknown people from different
countries' were calling dozens of people around me and even swearing at
them."

Many human rights defenders and those who protested against the new Law
report similar threatening phone calls, allegedly from foreign phone
numbers.

Bishop Gotsiridze says she knows the State is listening in on her. "I know
we could easily be targets of the government now this law is enacted."

"I cannot share your concerns", parliament speaker tells Council of Europe

Maka Peradze, Head of the Human Rights Secretariat in the Government
Administration, refused to say if she had read the text of the new Law. "I
don't know why I should answer this question," she told Forum 18 from
Tbilisi on 10 June.

Peradze declined to answer any questions on the way the Law is likely to
affect religious communities and organisations working on religious-related
issues. "We are not working on any aspect of the new Law. So it is beyond
my competence to talk about it."

Parliament speaker Shalva Papuashvili, who eventually signed the Law,
defended the then draft Law on 16 April
(https://www.coe.int/en/web/commissioner/-/georgia-concerns-about-the-compatibility-of-the-draft-law-on-transparency-of-foreign-influence-with-the-rights-to-freedom-of-association-and-expression)
in response to written concerns from the Council of Europe's Commissioner
for Human Rights, Michael O'Flaherty.

"The unfortunate reality in Georgia is that certain non-profit
organisations continue to evade transparency requirements and covertly
influence political, economic and security processes," Papuashvili claimed.

"I cannot share your concerns about [non-profit organisations] being
subject to additional cumbersome reporting requirements, as the
requirements by the draft law are virtually minimal and non-cumbersome,"
Papuashvili wrote. "These requirements, together with the introduction of
fines only, in case of violations of the law, demonstrate that the state's
interference will be proportionate and minimal to the legitimate aim."

Who will have to register?

Under the new Foreign Influence Transparency Law, any legally-registered
non-governmental organisation that receives more than a fifth of its income
from foreign individuals or organisations within any calendar year will be
required to enter a range of information on a public register as an
"organisation serving the interests of a foreign power".

The Law will apply to non-governmental civil society organisations which
have legal status, including those that work on human rights as well as
those working on religious-related issues, such as freedom of religion or
belief and religious tolerance.

The Law will apply to media organisations, some of which have covered
freedom of religion or belief problems, especially those faced by smaller
religious communities.

The Law will also apply to registered charities, including those
established by religious organisations, such as the Catholic charity,
Caritas Georgia.

Many religious communities also fall under the scope of the Law, although
it is not clear how many of them this will be.

Officials at the Justice Ministry's Legal Drafting Department refused to
say whether only religious communities registered as non-commercial
organisations will be under the scope of the Law or whether the 57
religious communities registered as legal entities of public law will also
be affected. "We know this information but we are not allowed to tell you,"
the official, who did not give her name, told Forum 18 from Tbilisi on 11
June.

Zaza Vashakmadze, head of the State Agency for Religious Issues
(https://www.forum18.org/archive.php?article_id=2613), declined to talk to
Forum 18 by phone on 10 June and asked for questions in writing.

Forum 18 asked Vashakmadze in writing on the afternoon of 10 June which
category of religious organisation would fall under provisions of the Law
and why the state needs detailed information on all their funding. He did
not respond by the end of the working day in Tbilisi of 11 June.

"The only religious association that can be confidently said to be exempt
from this Law is the Orthodox Church of Georgia," Professor Metreveli
insists. "This is despite the potential concerns about its political
connections with the Russian Orthodox Church, which is virtually equivalent
to the influence of the Russian State."

Religious communities can gain legal status in two ways: either as
non-commercial legal entities (giving them the same legal status as any
non-governmental organisation) or as legal entities under public law
(LEPL).

In a 28 May letter, the National Agency of the Public Registry informed the
Tbilisi-based Tolerance and Diversity Institute that 57 religious
organisations are registered as Legal Entities of Public Law. It said the
government does not have records on how many religious organisations are
registered as non-commercial legal entities, as they are registered
alongside other non-commercial legal entities.

Among religious communities registered as legal persons under public law
are the Georgian Orthodox Church, Roman Catholic Church, Armenian Apostolic
Church, Jewish community, Muslim Board and Jehovah's Witnesses. The most
recent to achieve this status was the Seventh-day Adventist Church in April
2022. Officials have refused others this status, including – in May 2022
– the Episcopal Church in Tbilisi (which is linked to the US Episcopal
Church).

The Law seems to apply to religious organisations registered as
non-commercial legal entities, as it does not exclude them from its scope
(Article 2). "However, the distinction between religious organisations
registered as legal persons under public law (LEPL) and non-commercial
legal entities is unclear," Professor Metreveli notes.

According to the Civil Code, the Law on Legal Entities under Public Law
shall not apply to a religious organisation registered as a LEPL. However,
their rights are determined by provisions that govern legal entities of
private law. Therefore, despite their name, LEPL religious organisations
are essentially private legal entities. "Consequently, with a deliberate
interpretation of the legislation, it is possible that the Law could be
applied to them," Professor Metreveli observes.

Application deadline looming

The Foreign Influence Transparency Law requires the Justice Ministry and
the Ministry's National Agency of the Public Registry to create the
register of "organisations serving the interests of a foreign power" within
60 days of the Law's official publication on 3 June.

On the 60th day after the publication of the law, any organisation that
receives more than a fifth of its income from abroad will have up to one
month to submit a written statement to the Justice Ministry requesting that
it be registered as an "organisation serving the interests of a foreign
power".

The organisation should be given access to the relevant website within two
days. Within 10 working days of being given such access, the organisation
must fill out an electronic application. The application must contain the
organisation's details (including address and website), as well as details
of monetary or asset-based income received in the previous year, with
explanations of the source, amount and purpose.

Intrusive information must be submitted

The National Agency of the Public Registry has 30 working days to
investigate and study an organisation's application to determine whether it
is "correctly and fully completed" and register the applicant as an
"organisation serving the interests of a foreign power". That information
is publicly available.

During their study of the application, the Justice Ministry's authorised
representative has the authority to search for special categories of
information about individuals connected with the organisation. These
include their political views, ethnicity and religious beliefs.

Individuals must immediately provide any related information requested by
the Ministry representative. Any individual failing to do so can be fined
5,000 Lari (about three months' average wage). The Law specifies no limit
to the number of times per month a person may be fined.

Forcing individuals to reveal their attitude to religion violates
international human rights commitments. The United Nations Human Rights
Committee's General Comment 22 (https://undocs.org/CCPR/C/21/Rev.1/Add.4)
on the International Covenant on Civil and Political Rights Article 18
("Freedom of thought, conscience and religion") states that "no one can be
compelled to reveal his thoughts or adherence to a religion or belief".

The requirement to submit such personal information on individuals –
including their views on religion – represents "a direct threat and gross
interference" with freedom of religion or belief, Professor Metreveli
notes.

"The state does not have the right to interfere with individuals' freedom
of conscience by inquiring about their religious beliefs or forcing them to
manifest such beliefs. There is no legitimate state interest that justifies
overcoming this prohibition." Professor Metreveli points to numerous
decisions by the European Court of Human Rights in Strasbourg upholding the
right not to be forced to reveal views on religion.

"It is important to consider the broader context," Professor Metreveli
adds. He points to Article 97 of the 2023 Defence Code, which gives the
state the authority to collect and process information about a person's
religion and their status in the priesthood for accounting purposes in the
mobilisation reserve. "Both of these legal provisions represent
unacceptable interference in the internal dimension of freedom of religion
or belief (Forum Internum)."

Zaal Tkeshelashvili, Pastor of the Tbilisi-based Evangelical Church of
Georgia, which chooses not to seek state registration, worries about
stigmatisation of those who are members of communities other than the
Georgian Orthodox Church.

"Government propaganda tries to convince society that only the dominant
religious institution's well-being and having a common faith are the
guarantor of the development and future of our country," Pastor
Tkeshelashvili told Forum 18. "A big part of society shares this narrative.
Therefore, disclosure of the personal data of religious community members
may cause further stigmatisation in their places of work and beyond."

Forum 18 asked Zaza Vashakmadze, head of the State Agency for Religious
Issues, why the new Law gives the Justice Ministry the power to ask for
intrusive information about individuals, including about their attitude to
religion, in violation of international human rights commitments.

Forum 18 also asked Vashakmadze why the 2023 Defence Code gave the state
the power to collect information
(http://www.tdi.ge/en/news/1095-government-adopted-discriminatory-and-unconstitutional-defense-legislation)
on the attitude to religion of men on the conscription reserve (those
between the ages of 18 and 60), whether this information is already being
collected and, if so, what is being done with it. He did not respond by the
end of the working day in Tbilisi of 11 June.

Punishments for breaking new Law

A relevant organisation that fails to register when the new Law requires it
to is liable to be fined 25,000 Lari (about 15 months' average wage). It
will also be entered into the registry anyway. If the organisation then
fails to upload its financial declaration, it can be fined another 10,000
Lari (about six months' average wage).

The state authority will check on the organisation a month later and, if it
finds further non-compliance, the organisation can be fined another 20,000
Lari (about one year's average wage). The organisation can then be fined
20,000 Lari each month thereafter for non-compliance.

Failure to submit information on individuals demanded by officials can also
lead to fines (see above).

The Justice Ministry has the power to initiate an investigation into any
organisation it suspects of failing to register. The public can also
denounce such organisations to the Justice Ministry for it to investigate.

International isolation

A "significant part" of the aim of the new Foreign Influence Transparency
Law "is its intent of international isolation for Georgia", Professor
Metreveli argues. The Law is likely to reduce organisations' contact and
support from abroad. This will affect religious communities also.

"None of the religious organisations are purely national organisations,"
Professor Metreveli points out. "They maintain close ties with
international centres or coalitions. Based on the experience gained during
my earlier work in the State Agency for Religious Issues, the authorities
perceive these international connections as challenges to national
security. The risk is that the State will attempt to sever these
international ties through further amendments to this law."

Professor Metreveli stresses that establishing and maintaining
communications with international centres is a right guaranteed by the 1981
UN Declaration on the Elimination of All Forms of Intolerance and of
Discrimination Based on Religion or Belief.

Episcopal Bishop Mark Edington is head of the Convocation of Episcopal
Churches in Europe and oversees the Episcopal congregation in Tbilisi which
has existed since 2018. He expressed his concern even while the Law was
still in parliament. "Under Georgia's new law, they will now be branded as
instruments of a 'foreign agent' - the Episcopal Church - because they
receive funding from us to build their congregation," he wrote in The Hill
on 16 May. "And as their bishop, I am that foreign agent."

Violating presumption of innocence

Professor Metreveli expresses concern that the new Foreign Influence
Transparency Law "effectively violates the presumption of innocence for
citizens and private organisations by unfairly imposing the burden of proof
on them". He adds: "The government explicitly declares that 'pursuing the
interests of a foreign power' is subversive to the State and society."

The law does not define what "interests of a foreign power" actually means.
"This puts organisations in a position where they must either accept this
accusation or prove their innocence for an uncommitted 'crime', that does
not even constitute a crime under current legislation," Professor Metreveli
notes.

Violating autonomy of religious organisations

Professor Metreveli warns of the Law's "threats to the autonomy of
religious organisations", particularly over donations. "The functioning of
religious organisations through donations is not only a practical necessity
but also a right protected by freedom of religion. This right includes the
ability to solicit and receive voluntary financial and other contributions
from individuals and institutions. Therefore, any violation of this right
constitutes direct interference with freedom of religion."

Citing decisions of the European Court of Human Rights, Professor Metreveli
notes that "economic, financial, or fiscal measures taken against a
religious organisation can sometimes constitute an interference with the
exercise of rights" to freedom of religion or belief. "This is particularly
the case when such measures create a real and serious obstacle to the
exercise of those rights, especially if they have the effect of cutting off
the vital resources of a religious organisation or hindering its religious
activities."

Professor Metreveli is also concerned for individuals who donate to
religious communities. "Making a donation to a religious association is
often associated with its membership," he told Forum 18. "Therefore,
government interference through control and supervision, as aimed by the
adopted Law, poses a significant risk to the individual aspect of the
freedom of religion for members of these organisations. This is a sphere
where state interference is particularly prohibited."

Defending the right to freedom of religion or belief more difficult?

Human rights organisations have worked to defend freedom of religion or
belief for all, but the new Law puts that in jeopardy. Smaller religious
communities face discrimination in law and practice
(https://www.forum18.org/archive.php?article_id=2613), physical attacks
which often go unpunished, denial of building permits for places of
worship, and obstruction to regaining historical places of worship.

Professor Metreveli believes the effect of the Law on human rights and
media organisations will harm rights to freedom of religion or belief. "The
decline or suspension of their activities will negatively affect the status
of religious (and all other) minorities," he told Forum 18. "Their
coverage, which is crucial for strengthening a tolerant environment and
protecting minority rights, will weaken or disappear altogether."

Bishop Rusudan Gotsiridze of the Evangelical Baptist Church is concerned
over the potential disappearance of those able to support human rights. "I
don't want to imagine a situation when human rights organisations won't be
able to protect our rights," she told Forum 18. "Now, if anyone infringes
on my rights and targets me, I know whom to call. I know whom to call if I
need a lawyer's help. If human rights organisations don't exist, it means
that everyone will be silenced and those who won't be silenced may
eventually end up in prison. It is a very terrifying prospect."

Pastor Tkeshelashvili of the Evangelical Church of Georgia fears that
without the support of human rights organisations, smaller religious
communities will not be in a position to protect their rights. "If, after
the adoption of this Law, human rights organisations are not able to
function, we will face the rise of extremism, fanaticism and violence, with
religious communities left unprotected," he told Forum 18. "We will go back
to darkness, which we left behind after a long fight and paying a high
price."

Pastor Tkeshelashvili recalls the 1990s when, he said, no human rights
organisation or lawyer was there to support his community.

Jeopardising charitable work?

Professor Metreveli warns of the stigmatising impact on charities
established by religious communities of being billed as an "organisation
serving the interests of a foreign power". "It is doubtful that any donor
or local religious association would accept this offensive status and
continue their charitable and social activities as normal," he told Forum
18.

"This law is not about transparency. We have charity and social activities,
for instance we have a home for elderly people, and all our funds that we
have received from donors are transparent," Bishop Gotsiridze of the
Evangelical Baptist Church notes. "If the government wants transparency, it
is already required by our legislation."

Caritas Georgia, a local charity which was founded by the Catholic Church
in 1994, has already expressed concern about the new Law. Anahit Mkhoyan,
its director, warned on 16 May while the Law was still in Parliament, that
it "risks jeopardizing the provision of services to the beneficiaries who
need them the most".

Caritas Georgia – which supports children without parental care or living
on the streets, vulnerable pensioners, people with disabilities, victims of
domestic violence and others – depends on foreign support for two-thirds
of its income.

Mkhoyan warned of the increased administrative burdens of complying with
the new reporting and disclosure requirements. "This could divert resources
and attention away from providing essential services to vulnerable
populations." She particularly highlighted the complexity of requirements
under the new Law.

"There may be concerns about the privacy and confidentiality of individuals
receiving services from charitable organizations," she pointed out,
"particularly if detailed information about beneficiaries and their needs
is subject to disclosure requirements."

Mkhoyan also warned that the new Law "may contribute to the stigmatization
of charitable organizations that receive foreign funding, potentially
leading to public suspicion or distrust". It could also make foreign donors
"hesitant to continue supporting charitable organizations in the face of
heightened scrutiny and disclosure requirements".

Mkhoyan recognises that "transparency and accountability are important
principles for charitable organizations", but points out that Caritas
Georgia already supplies the government with financial reporting and
publishes annual audited reports on its website.

Forum 18 asked Mkhoyan if Caritas Georgia will register in line with the
new Law. "We have to. We have no choice," she told Forum 18 from Tbilisi on
10 June. "We'll have to pay enormous fines if we don't. We cannot afford
not to."

Mkhoyan said the authorities have not yet approached Caritas Georgia about
complying with the new Law. "I think they will approach organisations only
if they don't register."

Who will refuse to register?

Some civil society organisations have already stated that they will refuse
to register under the Foreign Influence Transparency Law. A large number of
non-governmental organisations declared on 25 April
(https://tdi.ge/en/statement/statement-non-governmental-and-media-organizations)
that they had agreed to "Suspend cooperation with the government until the
government drops the bill" and pledged that they "Will never register in
any defaming registers".

Among the organisations signing the pledge was the Tbilisi-based Tolerance
and Diversity Institute. It describes its work as "promoting religious
freedom and equality, working on prevention of religious/ethnic/racial
discrimination in Georgia".

"The 'Russian law' will not work in our country! It will remain to be an
unrecognized document to which none of us will obey!" declared a joint
statement
(https://tdi.ge/en/statement/statement-we-will-not-obey-russian-law) read
out to demonstrators in front of parliament in Tbilisi on the evening of 28
May.

Professor Metreveli believes that more will follow. "It is expected that
both international donors and their Georgian beneficiaries will rightfully
refuse to register under this status, leading to extreme delays or the
complete suspension of their activities," he told Forum 18.

Forum 18 is aware of at least one non-governmental organisation that
considered refusing to register but ultimately and reluctantly decided that
refusing to do so might lead to serious consequences for its work.

Will Law be amended to widen scope?

Some human rights defenders remain concerned that the government will seek
to amend the Foreign Influence Transparency Law to widen its scope still
further.

"With the proper propaganda, the government will likely attempt to
introduce amendments to the Law in the future that could ban the activities
of organisations on various grounds," Professor Metreveli told Forum 18.
"This expectation is not merely speculative. Similar developments have
occurred in Russia."

- Mariam Gavtadze and Eka Chitanava of the Tolerance and Diversity
Institute (https://tdi.ge/) contributed to this article

(END)

More reports on freedom of thought, conscience and belief in Georgia
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