Council of Europe Commissioner for Human Rights Urges Parliament not to Adopt Draft Law on 'Agents of Influence'
By Liza Mchedlidze
Wednesday, March 1, 2023
In a letter sent to the Speaker of the Parliament of Georgia, Shalva Papuashvili, the Commissioner for Human Rights of the Council of Europe, Dunja Mijatovic, expressed concern over the draft law 'On transparency of foreign influence' and wrote that its adoption may have a seriously disturbing effect on the activities of civil society in Georgia.
The Commissioner called on the Parliament not to adopt this or any similar bill and to make an unequivocal commitment to promote diverse and vigorous civic engagement in public affairs, as well as to ensure the functioning of civil organizations, human rights defenders and people-friendly civil society.
"While transparency may be a legitimate concern, it should not be achieved at the expense of the rights and freedoms of non-profit organizations and media outlets and their legitimate activities," the letter reads.
According to the letter, any intervention in this area must be based on the principle of necessity and proportionality, as established by the case law of the European Court of Human Rights. In addition, the Commissioner noted that the Committee of Ministers has recommended the legal status of NGOs in Europe, and it allows NGOs to request and receive funding, including from foreign sources.
In addition, Mijatovic pointed out to Papuashvili the decision of the Strasbourg Court, according to which the 'Russian law' on Agents violated Article 11 of the European Convention.
According to the European Court of Justice, the creation of a special status and legal regime for organizations receiving foreign funding was not justified, and such initiatives had a significant chilling effect on NGOs and their ability to perform legitimate civil society functions.
