The generational divide and the future of democracy in Georgia around the law on “foreign agents”
In June 2024, Georgia signed the divisive "foreign agents" bill into law following weeks of protests led by Georgian youth over the threats it poses to media freedom and the country's European Union accession ambitions.
The legislative plan for the "Law on Transparency of Foreign Influence" was revived by the Georgian Dream (GD) party under Prime Minister Irakli Kobakhidze in April 2024, after having been abandoned by the previous government in March 2023 owing to mass street protests. Under the draft law, non-governmental organizations and independent media that receive more than 20 percent of their funding from outside the country must register as foreign agents. The bill's content has remained unchanged from the previous draft law, besides replacing the word "agent" with "Organization Pursuing the Interests of a Foreign Power."
The law establishes stringent reporting requirements, monitoring, and administrative and criminal penalties. Human Rights Watch describes it as a "transparent attempt to control, stigmatize, and limit the influence of independent media and civil society." European officials have conveyed their disapproval of the law. Notably, German Chancellor Scholz made an official state visit to his Georgian counterpart to urge the withdrawal of the law, stressing that the EU has no such law. Similarly, the President of the European Council, Charles Michel, emphasized that the law "will bring Georgia further away from the EU," jeopardizing the prospect of official membership.
Led by Georgia's youth, opponents of the "foreign agents" draft law have organized almost nightly protests since its reintroduction, stagging some of the largest protests in decades. Indeed, since its independence from the Soviet Union in 1991, Georgia has strongly asserted its European aspirations, with 83% of Georgians supporting EU membership. Almost two-thirds of young people in Georgia identify as European and want to join the EU as soon as possible.
Former Prime Minister Zurab Zhvania's 1999 statement in front of the Council of Europe, "I am Georgian and therefore I am European," has become a rallying motto among students during pro-EU political demonstrations, such as the 2022 rally for EU candidate status.
The weakening democratic landscape in Georgia
Most Georgian youth believe the government is not doing enough to align the country with European democracy and freedom standards, a prerequisite for EU membership. This is compounded by the perception among Georgians of the deteriorating status of democracy, driven by rampant corruption and nepotism. Young people in Georgia are overwhelmingly critical of the GD party. According to the National Democratic Institute, only 8% of the supporters of the ruling party belong to the 18-34 age category.
Georgian President Salome Zurabishvili, at odds with the GD party, denounced the government and the GD party's attempt to imperil the country's membership in the European Union in favor of Russian influence. The administration, however, justified the draft law as vital to limit the influence of dangerous foreign entities allegedly attempting to destabilize the nation. After its adoption by parliament, the "foreign agents" bill was vetoed by Zurabishvili using her presidential prerogative. Nevertheless, a Parliament vote overrode the veto, and the law was definitively adopted despite the massive demonstrations.
As the government is forcing through a law opposed by the vast majority of the population, effectively becoming a coup d’état against the people, it sets a precedent for the autocratic drift in Georgia. The law has been regarded as a strategy by the GD party to suppress dissent ahead of the October legislative election, aiming to retain the power it has held since 2012.
With the GD party's firm resolve to pass the law that could be used to stifle critical voices ahead of parliamentary elections, Georgian protesters have failed to repeat their victory in 2023 in compelling the ruling coalition to withdraw the bill. With neither the government nor the youth-led opposition willing to give in, Georgia is in the grip of a growing political fragmentation of society, especially along generational lines. Indeed, Georgia is subject to strong polarization, where young people are attached to rapprochement with the European Union and NATO while older generations lean in favor of maintaining good relations with Russia. A youth uprising has emerged to steer the political orientation of Georgia onto the Western path, encapsulated by the slogan "no to Russia, yes to Europe." Therefore, the issue around the "foreign agents" law has taken on a symbolic nature, in the fight between democracy and autocratic drift in the country.
Moreover, the law has been linked to Russian influence, attempting to bring in a Kremlin-style authoritarian law and turn the country away from its European accession ambitions. Opponents have labeled the legislation as "Russian law," comparing it to a 2012 Russian law that has been repeatedly used to suppress dissent and to repress independent media, nonprofit organizations, and activists. The opposition has argued that Moscow has influenced the bill to impede Georgia's further integration with the EU and the West. The "Russian law" is seen as serving Russian interests, portending a suffocation of the civil society organizations that have been the basis of Georgia's turn toward democratic governance since independence. Adopting the law affects the country's relationship with its Western partners, who have firmly criticized it, assuaging Moscow's concerns about Western enlargements at its southern borders.
The creeping autocratic drift in Georgia
Once the law goes into effect, many civil society organizations that vowed not to comply will face pressure to suspend operations. This would direct the country towards concerning democratic dismantlement, as Georgia has already been going down the path of an illiberal turn. Indeed, as seen with Russia, the foreign agent law has been employed as a tool to subdue civil society and media. Adopted in response to protests against Putin's return in the 2012 presidential election, which was criticized as unconstitutional, the law endowed the government with extensive powers to curtail free expression and legitimate civic activism in Russia. Since its inception, the scope of the law has been steadily expanded, notably with the Russian undesirable organization law, which enables the government to proclaim foreign and international organizations "undesirable" in Russia and close them down without a court order. Consequently, the Russian law on foreign agents has become the linchpin of the Russian government's legal apparatus to crack down on opposition, which could be replicated in Georgia.
This event also encapsulates the spreading of democratic backsliding across countries. The law's adoption places Georgia as a prime example of the increasing shift away from democratic values in the world, endangering the prospect of the country's EU accession. After submitting its membership application to the European Union in March 2022, following the Russian invasion of Ukraine, Georgia was awarded candidate country status in December 2023. Nevertheless, with the law's passage, the country has backtracked on its progress, drawing criticism from both the European Union and NATO. According to the official EU statement, the law negatively impacts Georgia's progress on the EU path, implementing legislation incompatible with European democratic standards.
The reintroduction of the foreign agent law violates several of the primordial reforms that Georgia must implement to join the European Union. Since being granted candidate status, Georgia has made little progress toward the EU's nine reform goals. Consequently, the law sets the country in the wrong direction, signaling that the Georgian government is loath to promote democracy and comply with EU standards.
Revitalizing the health of the Georgian democracy will hinge upon the new parliamentary elections in the Fall. Zourabichvili has introduced a 'Georgian Charter' for opposition parties to unite in parliamentary elections for a new government standing for pro-European reforms. The charter includes repealing laws that jeopardize Georgia's aspiration of EU membership and fundamental reforms to depoliticize the court system and security agencies. As the President pointed out, Georgia currently finds itself at an inflection point, where the upcoming elections will either lead the country towards an irreversible descent into autocracy or return it to the path of democracy thanks to a strong pro-European coalition.