{"id":15182,"date":"2024-04-11T11:50:39","date_gmt":"2024-04-11T11:50:39","guid":{"rendered":"https:\/\/penbelarus.org\/en\/?p=15182"},"modified":"2024-04-11T11:50:39","modified_gmt":"2024-04-11T11:50:39","slug":"authorities-in-georgia-republika-srpska-must-irrevocably-withdraw-legislation-threatening-to-stifle-independent-civil-society","status":"publish","type":"post","link":"https:\/\/penbelarus.org\/en\/2024\/04\/11\/authorities-in-georgia-republika-srpska-must-irrevocably-withdraw-legislation-threatening-to-stifle-independent-civil-society.html","title":{"rendered":"Authorities in Georgia & Republika Srpska must irrevocably withdraw legislation threatening to stifle independent civil society"},"content":{"rendered":"

Human Rights House Foundation<\/a> and members of the Network of Human Rights Houses urge the Parliament of Georgia and the National Assembly of Bosnia and Herzegovina\u2019s Republika Srpska to drop proposed \u201cForeign agent\u201d legislation that can damage civil society and media irreversibly, to respect international obligations undertaken by their states under Council of Europe and the UN instruments, and to uphold fundamental freedoms underpinning free and independent civil society.<\/h4>\n
\n

Human Rights House Foundation and members of the Network of Human Rights Houses urge the Parliament of Georgia and the National Assembly of Bosnia and Herzegovina\u2019s Republika Srpska to drop proposed \u201cForeign agent\u201d legislation that can damage civil society and media irreversibly, to respect international obligations undertaken by their states under Council of Europe and the UN instruments, and to uphold fundamental freedoms underpinning free and independent civil society.<\/p>\n<\/div>\n

We, the undersigned members of the Network of Human Rights Houses, condemn the decision of the Georgian authorities to re-introduce a draft law on\u00a0Transparency of Foreign Influence<\/a>, which almost entirely copies the legislation\u00a0defeated by mass protests<\/a>\u00a0in Georgia in March 2023. We are equally concerned by the\u00a0planned second reading\u00a0<\/a>of a similar law in the National Assembly of Republika Srpska. The (re)introduction of the bill violates Georgia\u2019s and Bosnia and Herzegovina\u2019s human rights obligations and threatens to stifle the essential and legitimate work of civil society and media in these countries.\u00a0We call on the authorities in Tbilisi and Banja Luka to uphold their political and legal commitments and reject the pieces of legislation directly taken from Russia\u2019s authoritarian playbook.<\/p>\n

On 3 April 2024, the draft law on\u00a0Transparency of Foreign Influence<\/a>\u00a0was initiated<\/a>\u00a0in the Georgian Parliament.\u00a0Smear<\/a>\u00a0campaign<\/a>\u00a0against foreign funders of civil society accompanies this process. On the same day, 3 April 2024, the\u00a0Law on the Special Register and Publicity of the Work of Non-profit Organisations<\/a>\u00a0was published<\/a>\u00a0on the website of Republika Srpska\u2019s Ministry of Justice. The draft has undergone further negative changes since adopted by the first reading in September 2023 which\u00a0we condemned<\/a>\u00a0in a joint statement at the time.<\/p>\n

Both laws aim to create a separate registry for the non-governmental organisations receiving funding from foreign sources. They will be labeled as \u201cagents of foreign influence\u201d (Bosnia and Herzegovina) and \u201corganisations carrying out interests of a foreign power\u201d (updated term suggested in Georgia): pejorative notions\u00a0carrying negative connotations<\/a>\u00a0linked to Stalinist repressions. Such organisations will be required to follow additional burdensome reporting requirements. State organs will gain sweeping powers to carry out excessive inspections.<\/p>\n

In Bosnia and Herzegovina, \u201cagents of foreign influence\u201d will be barred from \u201cpolitical activities\u201d, as well as any activity that \u201cundermines the integrity of the Republika Srpska\u201d. These unidentified terms deflate the core nature of civic advocacy which is aimed at influencing state policy and decision-making in favour of human rights, democracy, and the rule of law.<\/p>\n

Non-compliance with the legislation would result in heavy fines. Additionally, in Republika Srpska, the sanctions appear starkly harsh and disproportionate: prohibition of activities and criminal punishment against \u201cresponsible individuals\u201d.<\/p>\n

It seems that in Georgia, the revival of restrictive legislation against non-governmental organisations is part of the larger pattern of assault against broader human rights and democratic values. On 4 April 2024, the Parliament hastily\u00a0abolished<\/a>\u00a0mandatory gender quotas for women within political party lists, while\u00a0constitutional amendments<\/a>\u00a0threatening to outlaw LGBTQI-related expression and protest were initiated on 3 April.<\/p>\n

Contrary to the declaratory aims of the\u00a0Georgian<\/a>\u00a0and\u00a0Republika Srpska<\/a>\u00a0authorities to increase transparency in the already open civic sector, experience in other countries shows that the real aim of \u201cforeign agent\u201d laws is to vilify defenders and delegitimise their vital work. The phenomenon of so-called \u201cforeign agent legislation\u201d is inspired by Russia\u2019s 2012 law. Over the years\u00a0we have observed and documented<\/a>\u00a0how Russian authorities use this legislation to attack freedom of association and expression, decimate independent civil society; stigmatise, silence and subdue human rights defenders, media, and critical voices.<\/p>\n

Using Russia\u2019s authoritarian playbook against civil society has become a wider regional trend, simultaneously unfolding in the South Caucasus, Western Balkans and Central Asia. On 2 April 2024, the President of Kyrgyzstan\u00a0signed a similar law,\u00a0<\/a>targeting civil society and free media under the comparable pretext used in Georgia and the Republika Srpska.<\/p>\n

Foreign agent law contradicts the European Convention on Human Rights, to which both Georgia and Bosnia and Herzegovina are parties. The European Court of Human Rights\u00a0found<\/a>\u00a0Russian foreign agent legislation to violate the requirement of foreseeability and predictability and thus, fail the test for the quality of law, infringing freedom of association. The proposed pieces of legislation are inconsistent with the European Union Charter on Fundamental Freedoms too. The Court of Justice of the EU\u00a0found<\/a>\u00a0similar legislation in Hungary to violate, amongst others, freedom of association guaranteed by the Charter, which is relevant for both Georgia and Bosnia and Herzegovina as EU candidates.<\/p>\n

The Venice Commission and OSCE\/ODIHR\u00a0concluded\u00a0<\/a>that the Republika Srpska law would violate the freedom of expression and association. The Council of Europe Commissioner for Human Rights \u201cunderscored\u00a0<\/a>the already restrictive environment\u201d for the civil society in Bosnia and Herzegovina and assessed the draft to be detrimental to the enjoyment of freedoms.<\/p>\n

Following the country visit to Georgia in November 2023, the UN Special Rapporteur on Human Rights Defenders\u00a0outlined<\/a>\u00a0the narrative of \u201can internal enemy\u201d directed at the civil society and noted with concern the damage already done by the prevalent discourse on foreign agent legislation. She called on the authorities to reverse the deteriorating situation for the defenders.<\/p>\n

The\u00a0UN Declaration<\/a>\u00a0on Human Rights Defenders requires states to create an enabling environment for civil society, not restrict the funding and\u00a0not delegitimise<\/a>\u00a0human rights activities based on the geographic origin of such funding.\u00a0Everyone has the right<\/a>, individually or in association with others, to solicit and receive funding for the promotion and protection of human rights,\u00a0including from foreign sources<\/a>.<\/p>\n

We urge the Parliament of Georgia and the National Assembly of the Republika Srpska to respect international obligations undertaken by their states under the Council of Europe and UN instruments, uphold fundamental freedoms underpinning free and independent civil society, and withdraw the bills that can damage civil society and media irreversibly.<\/b><\/p>\n

Belarusian Association of Journalists<\/p>\n

Educational Human Rights House Chernihiv and its member organisations:<\/p>\n