Dr. Khatuna Burkadze – The parliament should not adopt a bill that will undermine Georgia’s perspectives on European integration

Featuring Dr. Khatuna Burkadze, Fletcher alumna and Director of Foreign Policy Studies at “Geocase”

Interview on current topics of foreign and domestic policy with Dr. Khatuna Burkadze, Director of Foreign Policy Studies at ”Geocase,” Professor, an Alumna of the Fletcher School of Law and Diplomacy and the Harvard Negotiation Program, a member of the Governing Board of the U.S. Government Exchange Program Alumni Association of Georgia

– Our Western partners, including the U.S. Department of State, and American senators expressed critical remarks regarding the draft law “On Transparency of Foreign Influence”. Despite this fact, the authorities continue to claim that the draft law “On Transparency of Foreign Influence” is compatible with European values.

I am sure that you can competently explain to our readers why the draft law “On Transparency of Foreign Influence” is incompatible with European values.

In your opinion, why is the draft law inconsistent with European values?

– The purpose of the draft law “On Transparency of Foreign Influence” is incompatible with European values. It includes a wide range of organizations operating in the country. The draft law applies to non-governmental and media organizations with over 20% of annual income from foreign sources. These entities should register as organizations that carry out the interests of a foreign principal. By doing so, it will stigmatize civil and media organizations, regardless of the goals and tasks of these institutions. Specifically, an organization that promotes the improvement of professional skills of youngsters in the regions through training and other professional programs, assists Georgian farmers in using opportunities of the EU market, focuses on programs concerning the protection of cultural heritage or promotes safeguarding the rights of people with different needs and facilitates the creation of an appropriate environment, or it provides free legal assistance to citizens to protect their fundamental rights and freedoms, or it disseminates information to the public, establishes a platform for critical opinions, is considered an organization carrying out the interests of a foreign principle. These goals indicate that each direction of activity serves the democratic development of the country and contributes to the creation of an environment focused on the protection of human rights and well-being. 

Stigmatizing civil and media organizations will lead to extreme polarization, and division of the society and will significantly damage the national interests of the country. In cases of division, and restriction of fundamental freedoms, the country will not be able to finally form a European democratic system and use a vital geopolitical opportunity.

Furthermore, one of the disturbing articles of the draft law is Article 8. It allows the state to interfere in the daily activities of non-profit and media organizations without a clearly defined scope. Namely, the Ministry of Justice of Georgia is authorized to provide monitoring to identify the organization carrying out the interests of a foreign principal or to check the fulfilment of any of the requirements of the draft law. The basis for its initiation is 1) the decision of the relevant authorized person of the Ministry of Justice of Georgia; 2) A written statement submitted to the Ministry of Justice of Georgia, which contains information about possible organizations carrying out the interests of a foreign principle. The bill does not define the exact grounds for so-called monitoring. During the inspection, the relevant authorized person of the Ministry of Justice of Georgia has the right to search the personal data of the organization’s employees, which violates the European standards of personal data protection because they should be processed within the limitations defined by the law.

The so-called monitoring system will violate the freedom of civil and media organizations, and it will not allow them to act independently, which will essentially damage the pluralistic environment and hinder the country’s democratic processes. For example, a critical media outlet can be the real reason for the so-called monitoring. Such approaches can be used by the state against non-governmental organizations, which ultimately leads to the weakening of the independence of these organizations and, in the worst case, causes the termination of the functions of these entities. This process will threaten the democratic development of the country. It requires the implementation of initiatives that will not harm the civil environment but will contribute to its improvement. For democratization, it is essential to ensure a system of checks and balances. The functioning of this is impossible without a free society and the media. That is why this draft law is incompatible with European values, where freedom is the pillar of democracy, development and many opportunities. 

History teaches us that the introduction of foreign agents’ stigma became the official basis for the physical destruction of our ancestors who were defenders of Georgia’s freedom and national interests of our country.

Overall, the rules defined by the draft law “On Transparency of Foreign Influence” impede the development of free civil society and cannot be compatible with European standards. The European Union is a community based on values, including the protection of fundamental human rights. That is why the Chancellor of the Federal Republic of Germany, the high representative of one of the founding countries of the EU, Olaf Scholz noted: “The European Union does not have such legislation”. 

– The government argues that if the law is adopted, there will be no changes in the country’s foreign policy. In your opinion, will the adoption of the draft law “On Transparency of Foreign Influence” jeopardize Georgia’s foreign policy priorities?

-The adoption of the draft law “On Transparency of Foreign Influence” will undermine the implementation of Georgia’s foreign policy priorities because of its incompatibility with European values. It will threaten the achievement of the country’s European and Euro-Atlantic goals. It will hinder the opening of accession negotiations with the EU. Changing the foreign policy priorities of Georgia means the violation of the spirit of Article 78 of the Constitution of Georgia. According to this article, the constitutional bodies within the scope of their competences shall take all measures to ensure the full integration of Georgia into the European and Euro-Atlantic structures. 

At the same time, our partners, including the United States of America, the European Union, NATO, and the Council of Europe, urged us not to adopt a draft law that would jeopardize our relations and, therefore, put Georgia’s Western trajectory at risk. 

It should be noted that for 32 years partners have assisted Georgia in strengthening its abilities to deter Russian aggression under the conditions of the Kremlin’s occupation and annexation. In the changed security environment, Georgia is facing a number of threats and challenges, and to ensure the national interests of the country, it is necessary not only to maintain cooperation with partners but also to deepen and enhance it.

Today, all our efforts should be focused on strengthening the country’s security system and implementing those reforms that will bring us even closer to our civilizational and historical choice, I mean the proper use of geopolitical opportunities and the start of accession negotiations with the European Union.

If the bill is adopted, we will put in great danger the efforts made for the European future of Georgia over the years, in which youngsters, officials, diplomats, civil and academic circles, politicians, journalists, business sector and other representatives of society were involved. At the same time, our soldiers deserve special respect and support, who have demonstrated Georgia’s role and importance in ensuring European security by participating in international peace operations with courage and heroism.

– If the bill “On Transparency of Foreign Influence” is adopted, what impact will its adoption have on the economy of Georgia?

– Adopting the draft law “On Transparency of Foreign Influence” will lead to a reduction or, in the worst case, a suspension of Western investments. Also, this process harms the financing of those programs, the purpose of which is to assist youngsters, farmers, entrepreneurs, IDPs, and other representatives of society.

Partners will have to assess the possible impact of the abovementioned law on their work carried out in Georgia. The international organizations mainly assist Georgia in developing economic and other programs for ensuring citizen’s well-being. Also, the support of partners is necessary for regional connectivity and the implementation of large-scale projects, which can create new opportunities for the sustainability of the state and obtain a new function at the regional level. 

– Ambassador Robin L. Dunnigan noted: “Recently we have invited senior members of the Georgian Government to engage directly with the most senior leaders in the United States to discuss our strategic partnership and any concerns with U.S. assistance; unfortunately, the Georgian side chose not to accept this invitation”. 

How would you evaluate Georgia’s decision about not accepting this important invitation before the NATO summit in Washington?

– The United States of America is our main strategic partner. Furthermore, in the field of defense and security, we are not only partners but also, we are allies. Accordingly, at a high political level, it was essential to discuss the issues that can contribute to the deepening of the strategic partnership between Georgia and the United States of America. The current geopolitical situation indicates the necessity of strengthening these relations. It is important to ensure the security of Georgia and to continue implementing reforms in all key areas. 

We should not forget that since Georgia regained its political independence, the United States of America has significantly contributed to supporting the sovereignty and democratic transformation of Georgia. We should not make decisions that will jeopardize our strategic cooperation.

At the same time, the summit of the North Atlantic Alliance will be held in Washington, dedicated to the 75th anniversary of the founding of NATO. Accepting this significant invitation would create a positive basis for Georgia’s Euro-Atlantic integration at the Washington Summit.

– It should be noted that this topic turned out to be a problem for the government. How can we overcome this crisis?

– First of all, it is necessary to end the persecution of protestors and people with different opinions and to respond to all acts of violence appropriately. At the same time, the parliament should withdraw the draft law “On Transparency of Foreign Influence”. Otherwise, we may find ourselves in a reality that excludes the possibility of compromise. We should listen to the voices of the Georgian people. We can still return to a normal situation before the bill is re-initiated. In particular, during the third reading, at the plenary session, the draft law should not receive the required number of votes, in this case, it is considered a failure and a decision is drawn up on the inadmissibility of the draft law. 

The current situation will damage the national interests of Georgia both inside the country and at the international level. We should think about our responsibilities before the state, before our homeland. We are a small country. We do not have the right to accept what divides and opposes us. It will be dangerous for our young democracy and freedom, the European future of Georgia and overall, our statehood. We should protect the future of our youngsters and children through compromised and reasonable decisions.

(This post is republished from IPN.)