The Social Justice Center responds to the submission of the draft law [1]in the Abkhazian parliament "On non-profit organizations and persons exercise the functions of foreign agents" by its de facto president, Aslan Bzhania, and believes that this initiative will significantly damage democratic processes, weaken civil society, and exacerbate the isolation of the Abkhazian region.
- Limitations provided by the draft law
According to the draft law, individuals from Abkhazia, citizens of foreign countries, and stateless persons could be designated as foreign agents if they receive financial support or other assets from a foreign nation. However, individuals and organizations registered in countries that have officially recognized the independence of Abkhazia – such as Russia, Venezuela, Nicaragua, Nauru, and Syria – would not be classified as "foreign agents" even if they receive funds from these countries.
The explanatory note of the draft law states that it is designed to protect the interests of Abkhazia, its sovereignty, rights, and freedom of citizens. Additionally, the draft law aims to enable swift counteraction against foreign interference in the political activities of Abkhazia’s state and society.
In addition, materials produced and distributed by "foreign agents" must be accompanied by an indication that they were "produced, distributed and (or) sent by a person performing the functions of a foreign agent, and related to the activities of such a person."
Notably, the draft law limits its rights for non-profit organizations and individuals regarded as “foreign agents”, as it prohibits their participation in commissions, committees, advisory, deliberative, and other bodies established with local government and self-government entities. Additionally, "foreign agents" are forbidden from organizing public events, marches, demonstrations, public debates, speeches, and discussions. Moreover, the draft law precludes non-profit organizations and individuals considered as "foreign agents" from engaging in activities within municipal educational institutions.
Non-profit organizations and individuals designated as "foreign agents" are also prohibited from distributing information products to minors through the media, internet, and telecommunications networks. These organizations or individuals are also banned from conducting educational activities for minors and pedagogical activities in state and municipal educational organizations.
Along with these prohibitions, organizations and individuals registered as "foreign agents" will be required to submit financial declarations, including full details of the source, amount of funds, and purpose of any funds or other material goods received and spent. The Ministry of Justice will be authorized to investigate, request, and study additional information, including personal data.
By monitoring these activities, authorities may conduct unscheduled inspections. These inspections may be initiated based on applications submitted to the authorized body by non-profit organizations.
Violation of the legislation on non-profit organizations and individuals, according to the draft law, will lead to administrative, criminal, and other types of punishment according to the established procedure.
- Legal assessment of the draft law
According to the definitions provided by the European Court of Human Rights and the Court of Justice of the European Union, labeling foreign-funded non-governmental organizations or foreign-funded organizations as "foreign agents" and attaching a stigmatizing label to them constitutes unjustified interference in the protected area of fundamental rights. Such actions are not proportionate to the legitimate goal of "transparency." Draft laws similar to “foreign agents” oppose not only the fundamental rights of assembly and expression but also the fundamental principles of democracy and the rule of law.[2]
Furthermore, it is essential to highlight that limiting access to foreign funding will diminish such organizations' practical and independent activities, by impacting their sustainability. If the draft law is enacted, organizations' primary resources will be diverted toward fulfilling extensive registration and reporting requirements. Non-compliance may result in unjustified punishments, alongside granting the government unlimited discretionary powers for inspections.
Regulations of such stringent quality and content are inconsistent with the legal principles of clarity and proportionality. Even if the protection of national security is cited as the legitimate objective of such draft law, it remains inadequately justified why such a sweeping and rigid restriction on specific organizations receiving foreign funding is necessary.[3]
In discussing Russia's "foreign agents" law, the Venice Commission pointed out that such regulation is discriminatory and unjustifiably constrains the non-governmental sector and critical mass media. The Commission concluded that designating non-governmental organizations as agents carries political implications and seeks to discriminate against and discredit civil society.[4]
Furthermore, it is essential to emphasize that such legislation may constitute an unjustified intrusion by the state into the private lives of individuals. The draft law mandates that members of civil society and critical media representatives disclose personal data annually, including detailed identification information, funding sources, and financial activities. Entrusting the monitoring of these reports to the executive authority, particularly the Ministry of Justice, significantly heightens the risk of inadequate protection and processing of individuals' data. International organizations consider this practice an unlawful infringement of the right to privacy.[5]
The draft law proposed by the de facto president of Abkhazia is excessively repressive and applies to both legal and natural persons. It stigmatizes civil organizations, making it practically difficult for them to engage in effective advocacy, self-organization, and educational work. In authoritarian countries, restrictions typically escalate gradually, eventually rendering the work of civil and media organizations nearly impossible. The Abkhazian draft law is aggressively radical and aims to halt civil society's activities.
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Existing attitudes on initiated draft law in Abkhazia
It is noteworthy that discussions surrounding the adoption of the draft law have been ongoing since 2014. During Raul Khajimba's presidency (from September 2014 to January 2020), Moscow strongly recommended that Abkhazia follow Russia's example and adopt a draft law on "foreign agents." However, the de facto government of Abkhazia, unlike South Ossetia, where this law was immediately adopted, was not eager to decide and align with the Kremlin's position, as this idea was highly disliked in Abkhazian society.
Subsequently, in December 2021, Moscow and Sokhumi prepared a memorandum of cooperation concerning the legal regulation of the activities of non-profit organizations as part of harmonization efforts. The draft law review was initially scheduled for 2023, but the process was postponed due to the harsh response from Abkhazian society.
The submission of the draft law in 2021 also drew criticism from Asida Shakril, the individual authorized to protect human rights. He expressed concern that Abkhazia's leadership is steering towards international isolation, which could severely limit the country's foreign relations, citizens' rights, and freedom.
On January 27, 2022, Apsadgyl-info published an appeal signed by hundreds of individuals addressed to the President, Prime Minister, and Speaker of the Parliament of Abkhazia. The appeal expressed concern about the commencement of hearings on adopting draft law.
Opposition MPs and representatives from various non-governmental organizations argue that adopting the draft law will significantly impede the work of numerous organizations in critical areas such as healthcare, protection of children's and women's rights, and prevention of violence, which, in turn, will adversely affect vulnerable groups who rely on assistance from non-governmental organizations.[6]
Following the submission of the draft law to the parliament, the de facto leader of Sokhumi faced accusations of violating the "Constitution" of Abkhazia. The statement's authors assert that the draft law implies a breach of fundamental "constitutional" rights, freedom, and principles[7]. Kan Kvarchia, a Deputy of Abkhazia's "Parliament," conveyed to "Echo Kavkaza" that the "authority" has threatened to label anyone voting against the law as a "foreign agent." He expressed, "Among those labeled 'foreign agents' are many respected individuals. Additionally, foreign organizations provide essential medical aid, including drugs for conditions like AIDS, tuberculosis, and hepatitis. Remarkably, some of these medications are not even available in Russia. They are costly, with treatment for one patient amounting to nearly $900 per month and numerous patients in Abkhazia. The Minister of Finance openly admitted our lack of financial resources to cover these expenses. Why should we deprive our population of necessary medications due to someone's wishes and fears?"
On February 9, over 300 signatures were collected from civil activists, journalists, employees of non-governmental organizations, and students. One of the activists who signed the appeal is convinced that the purpose of the draft law on “foreign agents” is not to protect Abkhazia from foreign influence but rather to suppress dissent and criticism of the government.
Furthermore, in addition to the draft law, de facto Foreign Minister Inal Ardzinba launched an attack on international organizations and announced a ban on projects financed by USAID. Ardzinba justified this approach by citing "opaque activities and attempts to misinform the Ministry of Foreign Affairs of Abkhazia." Additionally, the head of the USAID mission in the South Caucasus, John Pennell, was declared persona non grata in Abkhazia.
At the end of January 2024, Toivo Klaar, the EU Special Representative for the Caucasus, was denied entry into the occupied territory for the second time. In response, Klaar remarked that Abkhazia "seems to be closing down." Inal Ardzinba, in turn, pledged to deny entry to Abkhazia to all international organizations and individuals who consider the region occupied. He stated, "For those who seek to disrupt Abkhazian-Russian relations and view the Republic of Abkhazia as an occupied territory, our doors will soon be closed."
The adoption of this draft law significantly undermines civil society's functioning in Abkhazia. Such actions not only bolster the undemocratic character of the de facto regime under Russian control but also exacerbate the region's isolation, thereby eroding the political rights and social existence of Abkhazian residents. Through the collaborative efforts of international organizations and local civil groups, numerous pivotal humanitarian, social, and educational initiatives have been successfully implemented in Abkhazia, which have addressed the humanitarian crisis stemming from past conflicts and have provided crucial support to the most vulnerable segments of society. However, adopting the proposed draft law threatens to render such endeavors, ultimately jeopardizing the prospects for democratic and equitable development for its society.
Simultaneously, it's evident that the de facto government of Abkhazia's foreign policy stance is driving this legislative initiative, fundamentally altering the multi-vector policy previously proclaimed by Abkhazia. Such a shift appears aimed at integrating the region further into the Russian orb. Following the conflict in Ukraine, After the war in Ukraine, Russia's annexation efforts accelerated even more, and Russian interests are making decisions on issues that the Abkhazian society has been holding back for years. These include the transfer of the Bichvinta sanatorium to Russia, extensive apartment construction in six districts of Abkhazia, and the acknowledgment of foreign or Russian investors in the energy sector. Local civil society actively critiqued state policy and also mobilized against it. The purpose of enacting the draft law on "agents of foreign influence" is to weaken and silence dissenting society. Yet, it's evident that discrediting local civil society serves to maintain power for the de facto government, which has lost public trust.
Regrettably, the government of Georgia tried to adopt a similar law in early 2023, which was stopped due to unprecedented public opposition and international pressure. In a few months, the Georgian government rescinded the so-called "Russian law," which severely undermined the public's trust in the government's European aspirations and commitment to democratic principles. In these circumstances, unfortunately, the Georgian government has lost the moral and political resources to condemn the ongoing anti-democratic processes in Abkhazia publicly and present Georgia as a democratic alternative that offers policies and opportunities for progressive development to a divided society.
Against the ground of the escalation of annexation processes in the Abkhazian region, the Georgian authorities do not have a strategic political vision that would prevent the process of complete assimilation of the Abkhazian region by Russia. Despite the fundamentally changed regional and global contexts, the Georgian government has not updated the peace policy document since 2010 and still looks at conflict transformation policies from outdated and narrow perspectives. However, the Georgian government has scarcely addressed how the EU enlargement process and Georgia's accession can resolve conflicts or provide new alternatives for people living in Abkhazia (and the South Ossetian region).
Given the prevailing circumstances, the Government of Georgia must formulate a new vision for its peace policy, necessitating thorough consultations with civil society, international stakeholders, and political actors, employing consensus-based approaches. Such a strategic approach is essential for effectively addressing the region's immediate and long-term challenges while focusing on emerging opportunities.
