Council of Europe Commissioner for Human Rights Michael O’Flaherty has submitted written third-party comments to the European Court of Human Rights in the case of Georgian Young Lawyers’ Association and Others v. Georgia (No. 2), concerning Georgia’s 2025 Foreign Agents Registration Act (FARA).
The law requires individuals and legal entities conducting “political activities” on behalf of a foreign principal to register as “agents of a foreign principal.” In his submission, O’Flaherty said the Act forms part of a broader pattern of restrictions targeting civil society’s freedoms of expression and association.
The Commissioner said several provisions are inconsistent with the European Convention on Human Rights’ requirements of legality, legitimacy, necessity and proportionality under Articles 10 and 11. He also raised concerns over vague provisions and the law’s broad definition of “political activity,” which may make it difficult to distinguish legitimate international cooperation from foreign interference.
O’Flaherty further noted that the term “agent” carries negative connotations and could contribute to the stigmatization of civil society. He said the law creates a strict administrative control regime and includes criminal penalties of up to five years in prison for intentional violations, while also questioning whether some provisions are consistent with the Act’s stated goal of ensuring transparency of civil society funding.
