In an interview with Front News, constitutional expert Vakhtang Khmaladze discusses the controversial amendments proposed by the Georgian Dream ruling party over foreign grants. The new legislation, introduced by the GD, would require government approval for any foreign grant received by Georgian entities, with the Anti-Corruption Bureau monitoring the transactions. Khmaladze also addresses concerns over the government’s “adaptation” of the Foreign Agents Registration Act (FARA) to Georgia’s context, emphasizing significant differences between the Georgian and US laws.
Front News: Why did the government decide to introduce the changes, and what problems might the grant law create for the third sector? Many NGOs argue that it will stop their work, while the government claims it’s necessary to monitor foreign donations in light of recent events.
Vakhtang Khmaladze: This law will not only harm the NGO sector but will also have broader negative implications for the country. The central issue is that any foreign organization, whether it’s affiliated with a foreign government or not, will need government approval before providing a grant. Whether the funds are directed toward health, poverty alleviation, or assisting vulnerable groups, these organizations will now be subject to government control. It doesn’t matter if these organizations are independent or apolitical – what matters is that they will now need permission from the Georgian government to grant any funds. This will severely restrict the impact of many charitable causes that rely on international donations.
Front News: How do you think the government will determine which NGOs and individuals can receive a grant?
Vakhtang Khmaladze: There are serious concerns about how the government will make these decisions. For example, if you and I both apply for a grant to assist people with disabilities, there’s a risk that I could be denied while you might be approved. The criteria for such decisions will be highly subjective. It’s likely that the government will approve grants for organizations they view as supportive, while rejecting those they consider opposition. This is where the risk of discrimination lies. More importantly, it’s clear that the government will prioritize grants for organizations that align with its own interests, and it’s unlikely that any group working to promote democracy in Georgia will receive approval unless they are aligned with the ruling party. This sets a dangerous precedent.
Front News: There has been a comparison between this law and the US’ Foreign Agents Registration Act (FARA). The opposition claims that, unlike the American version, this law targets independent civil society organizations and the media. If the Georgian law is meant to be a version of FARA, do you think it is suitable for Georgia’s context?
Vakhtang Khmaladze: The government’s law is being portrayed as an adaptation of the American FARA, but they are fundamentally different. In the US, FARA applies specifically to lobbying organizations and media outlets that represent foreign governments. For instance, American law requires foreign-funded outlets like Russia Today to disclose their expenses and affiliations. However, in Georgia, the new law applies to any media outlet, NGO, or individual receiving funding from a foreign source – whether or not that source is linked to a foreign government. This makes the scope of the law much broader than the American FARA. Additionally, in the US, FARA is controlled by the judiciary, meaning that the government must seek court approval before taking action under the law. Unfortunately, this level of judicial oversight does not exist in Georgia, where the government can act without such checks.
Front News: The government has suggested that the Constitutional Court’s ban on the United National Movement will revitalize the opposition. Some also believe that Bidzina Ivanishvili – the founder and honorary chair of the GD – may be planning to create his own opposition, represented by figures like former PM Irakli Garibashvili, former head of the State Security Service Grigol Liluashvili, and Tornike Rizhvadze, the former head of the Autonomous Adjara region government, Do you think this could become a reality?
Vakhtang Khmaladze: The government isn’t just targeting the UNM, it is also going after any opposition parties they deem a threat. These include what the government calls “collective UNM parties,” which essentially means any opposition party that challenges Georgian Dream’s dominance. It’s entirely plausible that the government will move toward further restricting opposition, including banning certain parties or preventing opposition leaders from forming new political movements. This would be a devastating blow to democracy. The Georgian Dream has already shown a consistent disregard for the Constitution, passing laws that undermine citizens’ rights. Given this track record, I wouldn’t be surprised if the government moved toward creating a controlled opposition that serves its own interests. This could take the form of a so-called “opposition” similar to the People’s Power faction currently in parliament. It’s possible that we will see figures like Garibashvili, Liluashvili, and others emerge as part of this controlled opposition.
By Elza Paposhvili
