
The bell is tolling for an independent non-governmental organization sector in Georgia. The Georgian parliament has approved amendments to a law on grant-making that gives a newly created government agency the power to fund NGO programs and regulate the sector.
Taken together with the ‘foreign agents‘ law that places burdensome reporting requirements on NGOs receiving funds from abroad, the amendments approved February 20 give the government controlling authority over the non-governmental sector via an ability to direct the funding flow. The legislation will go into force following presidential approval, which is widely seen as a formality.
“Taking into account the fact that the source of funding for public organizations in Georgia is largely foreign actors, who arbitrarily determine the agenda of the activities of these organizations, the initiative of the Government of Georgia is to create a legal entity of public law subject to the control of the Government of Georgia,” states an explanatory note issued by parliament.
The note goes on to specify that only NGOs “whose areas of activity will be in line with the country’s development priorities” can expect to receive support from the newly established supervisory body, the State Grants Management Agency. In effect, the new legislation, coupled with the Trump administration’s decision to suspend most foreign assistance grants, puts in a stranglehold independent NGOs and news organizations engaging in watchdog activities or conducting programs that officials do not like.
Observers in Tbilisi worry that the authorities will use the Grants Management Agency to create and fund government-organized NGOs, dubbed GONGOs, which will work to crowd out independent non-profits.
“Some [GONGOs] act as the thuggish arm of repressive governments. Others use the practices of democracy to subtly undermine democracy at home,” a commentary published by Foreign Policy stated. “Abroad, the GONGOs of repressive regimes lobby the United Nations and other international institutions, often posing as representatives of citizen groups with lofty aims when, in fact, they are nothing but agents of the governments that fund them.”
The Georgian government has appropriated just over $7 million to seed the state NGO fund, and the Grants Management Agency will have the power to distribute the money as it sees fit. The agency will also have the “authority to issue both normative and individual administrative-legal acts, in order to ensure the smooth conduct of the aforementioned activities,” according to the parliamentary explanatory note.
Activists in Tbilisi say authorities can use their regulatory powers to fine or otherwise administratively harass NGO representatives or organizations that the government finds nettlesome, thus crippling their ability to monitor or critique government actions.
One organization likely in the government’s crosshairs is The Georgian Young Lawyers Association (GYLA), a prominent rights watchdog that has mounted legal challenges to Georgian Dream’s authority and the legitimacy of last fall’s parliamentary election. GYLA assailed the amendments, along with most other legislation adopted in recent weeks, asserting that parliament is rubber-stamping government directives without following proper procedure.
“The illegitimate parliament adopts repressive laws in a hasty manner. The “Georgian Dream” [government] refuses to uphold even formal democracy and makes decisions quickly, without discussion,” GYLA stated in a Twitter post. “The unsubstantiated use of expedited procedures harms the principles of the rule of law.”
Meanwhile, Georgian Dream leaders are purging the state bureaucracy of those seen as obstructing their agenda. RFE/RL reported that Tbilisi Mayor Kakha Kaladze is targeting for dismissal all those within the municipal bureaucracy who voiced opposition to Georgian Dream’s decision to halt the European Union accession process. “Sabotage will not go unanswered,” RFE/RL quotes Kaladze as saying. Mass firings are occurring in other government agencies on the national and local levels.
Authorities are also seeking to suck the air out of the ongoing street protest movement in Tbilisi by increasing the amount of fines for administrative violations by up to 10 times. NGO watchdog groups issued a report on February 17 that documented criminal cases involving anti-government protesters, concluding that many of those in custody are unlikely to receive fair trials.
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