Freedom of speech and elections in Georgia
Constitutional expert Vakhushti Menabde states that the decision by Georgia’s Anti-Corruption Bureau regarding Transparency International-Georgia and the “Choose Europe” movement is unlawful, and such an interpretation of the rules actually contradicts all regulations.
On September 24, Georgia’s Anti-Corruption Bureau recognized the local branch of the international organization Transparency International (TI-Georgia) and the civil movement “Choose Europe” as entities with “declared electoral goals.” This designation also applies to TI-Georgia’s director Eka Gigauri and the founder of the movement, Khatuna Lagazidze. As a result, they will face the restrictions outlined in the law on “Political Associations of Citizens.”
These organizations and their leaders must submit financial reports for the relevant reporting period to the bureau within five days. They are also required to disclose and provide information about the bank account details used for income and expenses related to their electoral objectives.
Vakhushti Menabde commented:
“The authorities have enacted this absurd law through the courts and the Anti-Corruption Bureau.
In Georgian legislation, there is a concept of ‘an entity with declared electoral goals.’ This means that such an entity:
- intends to gain power through elections;
- publicly declares this intention; and
- seeks to influence public opinion in its favor.
Entities with declared electoral goals are subject to the same rules and financial transparency requirements as political parties. The purpose of this law is clear: to control those who attempt to gain power through elections. In other words, if you are not registered as a party but have party-like goals, this law will prevent you from evading restrictions and transparency requirements.
Now let’s look at how the Anti-Corruption Bureau explained its decision (based on a court ruling). According to their interpretation, being an entity with declared electoral goals means not only attempting to influence public opinion in your favor but also making public statements against any political force. Such statements equate a person to a political party and subject them to all the rules applicable to parties.
This interpretation contradicts all principles of legal interpretation. It implies that anyone publicly stating, for example, “Don’t vote for the Nazis!” becomes an entity with electoral goals, akin to an unregistered party.
Now, let’s discuss some of the restrictions that apply to such individuals (in the areas where they act as entities with declared electoral goals):
- Prohibition on receiving international donations (both monetary and in-kind contributions);
- Mandatory declaration of all donations;
- Ban on gifts exceeding 5,000 lari (approximately $1,800);
- Limitations on obtaining loans, etc.
In this way, the ruling party “Georgian Dream” is attempting to silence anyone it wishes. Essentially, it is prohibiting citizens from expressing their views before the elections.
Freedom of speech and elections in Georgia
