Georgia Moves Toward One-Party State

Executive Summary:

• Georgia’s ruling Georgian Dream party has expanded its efforts to criminalize dissent and punish the opposition by criminalizing protests and creating a blacklist of individuals barred from political office.
• To maintain a quasi-democratic façade, Georgian Dream managed to persuade one of the so-called opposition parties, Gakharia–For Georgia, to cooperate in passing legislation, but the new measures could effectively establish a one-party state
• The government’s actions drew international condemnation, including from the Council of Europe’s Venice Commission, which recommended that the Georgian government repeal several repressive measures, and Germany, which recalled its ambassador from Georgia.

On October 16, the Georgian Ministry of Internal Affairs fined Elina Valtonen, the Organization for Security and Co-operation in Europe (OSCE) chairperson-in-office and Finnish foreign minister, 5,000 GEL ($1,850) for “blocking the road” on Rustaveli Avenue in Tbilisi (Interpressnews, October 16). This incident occurred when Valtonen went to the center of Tbilisi and spoke with anti-government demonstrators (Facebook/radiotavisupleba, October 14). According to Chairman of the Georgian Parliament Shalva Papuashvili, Valtonen, “by participating in an illegal rally, blocked the way of Tbilisi residents and, in essence, demonstrated that the Georgian state is worthless” (Interpressnews, October 16). While in Georgia, Valtonen met with Georgian Foreign Minister Maka Bochorishvili and used the opportunity to criticize the government’s anti-democratic actions (Facebook/radiotavisupleba, October 14).

A planned meeting between Valtonen and the Georgian Prime Minister Irakli Kobakhidze was subsequently canceled. The Georgian government claims that it was they who canceled the meeting, while Valtonen stated that her schedule changed and that she had canceled the meeting herself (1tv.ge; Helsingin Sanomat, October 15). Ten countries—Estonia, Iceland, Denmark, Lithuania, Latvia, Sweden, Norway, Canada, the United Kingdom, and the Netherlands—promptly expressed their support for the OSCE leadership and its mission in Georgia, including its efforts to protect freedom of expression and assembly (X/@Tsahkna, October 16).  The fine of a foreign diplomat is a clear example of the repressive measures being implemented by the Georgian Dream government.

A few days later, on October 19, the German Foreign Ministry demonstratively recalled its ambassador from Georgia for consultations. The German Foreign Ministry directly stated, “For many months, the Georgian leadership has been agitating against the EU, Germany, and also German Amb Fischer personally” (X/@GermanyDiplo, October 19).

On October 16, the country adopted a new law that allows for the banning of activity by political parties it deems unconstitutional, as well as individuals “associated” with these parties (Civil Georgia, October 16). Kobakhidze suggests that approximately ten parties, as well as all individuals who share the goals and objectives of these political forces, will be banned. On October 15, Kobakhidze stated, “The exact list will be known in a few days, when the lawsuit is filed with the Constitutional Court … It could include up to 10 parties … including small parties” (Netgazeti.ge, October 15).

Georgian Dream is preparing to submit a lawsuit to the Georgian Constitutional Court, intending to declare parties and individuals it considers part of the so-called “collective National Movement” unconstitutional. According to new amendments to the Organic Law on the Constitutional Court of Georgia, the court will be empowered to ban specific individuals not only from founding political parties or serving on party governing bodies, but also from being members of any political party at all (Facebook/tvimedi, October 16).  Essentially, the country will create a blacklist of individuals who will also be permanently barred from holding public office and will no longer be eligible to run as candidates in elections (Facebook/tvimedi, October 16).

Georgian Dream’s methods on how it will identify individuals who have ever had any affiliation with, for example, the United National Movement (UNM) party, remain unclear. The bill’s authors consider UNM to be the primary target of the proposed law. With this legislation, Georgian Dream could effectively establish a one-party state. To maintain a quasi-democratic façade, Georgian Dream managed to persuade one of the so-called opposition parties, Gakharia–For Georgia, to cooperate with them. The party leader, Giorgi Gakharia, and all its members were previously part of Georgian Dream and, some think, merely feigned the formation of a new opposition (Radio Tavisupleba, October 20).

Perhaps the most striking element of this legislative initiative is Georgian Dream’s stated intention to include all individuals who held political office—such as members of parliament, ministers, or deputy ministers—during UNM rule from 2003 to 2012 in their blacklist. Georgian Dream, however, includes a significant number of former members of parliament and officials who served under UNM. The new legislation offers no clarification on how such individuals would be treated, or how the line will be drawn between “enemies of the country” and political allies in similar positions in the past.

On October 16, the Georgian Parliament approved, in its third reading, legislation stating that individuals convicted of financial and economic crimes will not be able to leave the country until they provide compensation (Netgazeti.ge, October 16). The legislation could be used to restrict the travel of politicians and government opponents if they are fined for anti-government activities and fail to pay the penalties. The first case was recorded the day before the law’s final adoption. According to UNM Chair Tina Bokuchava, she was detained at the border checkpoint at the Georgian airport, as she was traveling to Lithuania to participate in a political event of the European People’s Party, due to non-payment of a fine (Radio Tavisupleba, October 16).

On October 15, the Council of Europe’s Venice Commission published an opinion on recently adopted laws in Georgia purportedly aimed at regulating foreign influence (Council of Europe, October 15). The commission recommended that the Georgian government repeal several controversial provisions. Its opinion of the legislation emphasizes that “the law’s lack of clarity and precision undermines the principle of legal certainty” (Council of Europe, October 15).  Georgian Dream refused to repeal these repressive laws. Member of Parliament Levan Makashvili even suggested that if the United States repeals its Foreign Agents Registration Act, then Georgia will repeal its own Foreign Agents Law (Interpressnews.ge, October 16).

On October 16, the Georgian parliament also adopted amendments to the Code of Administrative and Criminal Offenses, limiting the forms of protest that demonstrators can use. Georgian Dream acknowledges that the introduction of high fines has failed to halt anti-government protests in Tbilisi, and, as a result, the need to criminalize certain protests has arisen (Business Media, October 14). Instead of a fine, certain actions—for example, blocking streets as a form of protest or wearing a mask to conceal one’s face—will be punishable by 15 days of administrative arrest. Repeating such actions will be classified as a criminal offense, which could result in a prison sentence of one or two years (Formulanews.ge, October 16). On October 19, up to 20 civil society activists, including prominent journalists who had participated in an anti-government demonstration, were arrested. Following these arrests, Valtonen stated, “Georgia has more political prisoners per capita than Russia, which sends a very strong signal to all of us” (Interpressnews, October 20).

Georgian Dream is effectively seeking to ban public protest and restrict freedom of assembly and demonstration in the country. Georgian Dream has also launched repressions against its own founders to maintain power. On October 17, the Georgian Prosecutor General’s Office announced that the homes of former Prime Minister Irakli Garibashvili, former Head of the State Security Service Grigol Liluashvili, and former Prosecutor General Otar Partskhaladze had been searched (Netgazeti.ge, October 17). All three were among Georgia’s informal leader Bidzina Ivanishvili’s closest allies, even before he came to power in 2012. For many years, Ivanishvili’s regime relied on these three figures. With Kobakhidze’s support, however, he removed them from power and has now begun repressing those who might seek revenge.

Georgian Dream is facing a legitimacy crisis—both domestically and internationally—and is increasingly criticized by states and international organizations for backsliding on democratic standards (see EDM, June 10, October 7, 15). It is increasingly resorting to repressive methods. Moreover, pressure is being exerted not only on its own citizens but also on foreign diplomats, a clear demonstration of the deepening political crisis in the country.