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WASHINGTON —A controversial law on "foreign influence transparency" is heading toward full implementation in Georgia, even though the country aspires to join the European Union and North Atlantic Treaty Organization.
September 2 was the deadline for Georgian nongovernmental organizations and media organizations receiving more than one-fifth of their funding from abroad to register as "organizations serving the interests of a foreign power." Only 1.6% of the country's organizations chose to do so. Many organizations expect they will be forced to register and fined for allegedly serving foreign interests.
Georgia's so-called "foreign agent" law has been labeled a "Russian-style law" and heavily criticized by Georgia's Western partners, who say it undermines the hope of most Georgians that their country will join European institutions. Georgia's government, however, insists the law simply seeks to ensure "transparency."
On October 26, Georgians will head to the polls to elect a new parliament, and the political opposition believes these elections will be a referendum on whether the country will continue to move toward integration with Europe. U.S. Assistant Secretary of State for European and Eurasian Affairs James O'Brien spoke with Voice of America's Georgian Service about what the Biden administration will be most closely watching.
VOA: The Georgian government is moving ahead with implementation of the Law on Transparency of Foreign Influence, which has triggered criticism and the imposition of travel restrictions against Georgian government officials by the U.S. and a pause in aid by both the U.S. and the EU. What message does the Biden administration have now for the Georgian leadership? Will the process of implementing the law affect whether the October parliamentary election will be seen as free and fair?
U.S. Assistant Secretary of State James O'Brien: We want the Georgian people to be able to register their votes in a free and fair election. For that to happen, we need to see the whole process work well, all these organizations [being] able to work effectively over the next several months without fear of oppression or violence.
This law, as we've said repeatedly, is flawed fundamentally. There are ways that European states protect their election systems. This law does not do that. Having a government agency essentially force a registration and have access to all the data in that organization is at odds with modern European practice. ... It's caused an enormous amount of damage to Georgia's prospects for joining the EU and NATO.
The elections need to be free and fair. It's good that the Organization of Security and Cooperation in Europe will be able to have a mission to observe some parts [of the election], but it also depends on the community groups. All of that is one big system, and this law tries to kick one leg out from a three-legged stool. It doesn't work. And so, I'm worried that it means the elections will not be free and fair, and they certainly won't be seen as free and fair. Without that, Georgia can't make the next step forward.
VOA: The U.S. and Georgia have been strategic partners for over three decades. The Biden administration has taken several steps, including visa restrictions, pausing aid and postponing joint military drills. What might the next steps be? What are the options on the table?
O'Brien: We've already put in place restriction on travel to the U.S. that's affected dozens of people. We're not allowed to say who exactly. But it's a very significant step. We have suspended help, assistance to a range of the Georgian society. That's a shame, but it's necessary. And the EU's said that the process of joining the EU is effectively suspended. We do not want to see a return to the kind of violence, harassment and oppression that we saw in the spring, where civil society groups, individuals were visited by often-thuggish groups with Russian accents, they were visited by members of the government. All of those things can't happen.
VOA: Meanwhile, [ruling party] Georgian Dream leaders have promised to "ban opposition parties" following the elections. How does this sound coming from the leadership of a country aspiring to EU and NATO membership, and what concerns does it raise about the ruling party's intentions?
O'Brien: It doesn't sound like a democracy. One party doesn't get to decide what other party gets to compete. It's for the citizens to decide what parties take their seats in parliament, according to fair rules that are understood in advance. So, I think that was a very revealing comment. And it suggests that this is not a government capable of bringing Georgia toward Europe.
VOA: Russian intelligence services are accusing the U.S. of plotting "regime change" in Georgia. Some Georgian Dream members also have accused U.S. organizations like the NDI or IRI [the National Democratic Institute and the International Republican Institute, both of which are American nongovernmental organizations funded by the U.S. government] of helping the opposition. What do you make of these accusations, and are you worried about possible Russian interference or malign influence in the Georgian elections?
O'Brien: Well, anyone who believes the Russian security services, I think, is fooling themselves. The American organizations are very transparent. It's known who we work with, and we work to support the Georgian people so that they can organize themselves inside or outside government. That's the full goal. We don't pick winners and losers. We are for the Georgian people, most of whom, almost 90% of whom, want to move toward Europe, and it's this government with its very bad legal drafting - like it's just bad lawyering - that has caused this problem. And we would like them to fix it so that the Georgian people can organize themselves and could have a free and fair election.
If the government succeeds in ... denying access to resources by all these groups, the only ones left standing will be Russian sources of information. So, whatever the case has been till now, what the government is doing [now] makes it much easier for Russia to dominate Georgia's information space.
VOA: After so many high-level engagements with the Georgian authorities, and Prime Minister [Irakli] Kobakhidze speaking about the need for "resetting" the relationship, do you have any indication that they might be ready to change course?
O'Brien: No. And they're in denial. They haven't noticed we've suspended $95 million in assistance. The EU is suspending a proportionate amount: They are saying you don't get to move toward Europe. And what Georgian Dream tries to tell its voters, and all Georgian citizens, is [that] everything is fine. It is not fine. Georgia wants to join the European Union. There are clear rules. The people responsible for those rules are saying you have made a mistake. You have written a bad law. They are on the verge of writing two new bad laws and those need to stop in order for the people of Georgia to get what they overwhelmingly want.
We've said again and again to the Georgian officials: The transparency you say you want is readily available. All the American organizations are transparent. The European organizations are transparent. There are ways to achieve that. But they've chosen to do it in a way that lets the [Georgian] Ministry of Justice control your local neighborhood organization. And that's not democratic, and it's not part of Europe. We want them to turn back so that the Georgian people can be part of Europe.