Michael O’Flaherty: Georgian Parliament should reject amendments stifling civil society

“I am concerned by the proposed amendments to seven different laws, which if adopted, would impose significant restrictions on civil society organisations,” said Michael O’Flaherty, Commissioner for Human Rights at the Council of Europe.

“These proposals are inconsistent with Georgia’s obligations under international law to guarantee the right to freedom of association. I ask the Parliament to reject these amendments and call on the authorities to reaffirm their commitment to protecting civic space and fundamental freedoms,” the statement reads.

The Commissioner explains that the amendments announced on January 28 aim to expand the legal definition of a “grant” in the law on grants to cover any transfer of cash or in-kind support from one person to another that could be used to carry out activities targeting the government, state institutions, or any part of society with the intent or belief of influencing them.

“This definition is too broad and risks subjecting the ordinary and legitimate activities of civil society to undue state scrutiny, effectively undermining public advocacy and participation in democratic life.

Furthermore, the amendments extend a requirement, in force since April 2025, for prior government approval of foreign grants. This requirement would now apply to foreign entities based abroad involved in activities relating to Georgia and to local offices of foreign NGOs. Non-compliance with the Law on Grants would incur a sentence of up to six years imprisonment. This will increase to 12 years in case of ‘money laundering for the purpose of carrying out political activity in Georgia’.

These changes amplify a series of restrictive laws and regulations adopted since 2024 which have severely undermined civil society in Georgia. As I recently observed, these laws raise serious questions regarding their compatibility with the criteria of legality, legitimacy, necessity and proportionality, as well as with the principle of non-discrimination, enshrined in Article 11(2) and Article 14 of the European Convention on Human Rights (ECHR),” the statement reads.

The Council of Europe Human Rights Commissioner emphasizes that an active civil society is the cornerstone of any democratic society.

“I call upon Georgian authorities to respect their obligations under the ECHR and other human rights instruments. They should guarantee the right to freedom of association and end all forms of harassment and intimidation directed at human rights defenders and civil society actors,” the statement concludes.

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