Individual Case (CAS) - Discussion: 2025, Publication: 113rd ILC session (2025)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Georgia (Ratification: 1999)

Written information provided by the Government

The Government appreciates the opportunity to respond to the observations made by the Committee of Experts regarding the Law on Transparency of Foreign Influence (the Law), adopted on 28 May 2024 by the Parliament of Georgia, particularly regarding its potential implications for workers’ and employers’ organizations under the Convention.

In response to the Committee’s observations, we would like to offer clarifications concerning the purpose and scope of the Law, while affirming its full compatibility with the Convention in both principle and application. We would also like to emphasize our expectation that the Law – which has unfortunately become artificially exaggerated as a political issue – will not become subject to politically biased discussions within forums that should remain free from such partiality.

The Law primarily aims to ensure the transparency and accountability of non-governmental and media organizations operating in Georgia that receive substantial foreign funding and engage in political activism.

In Georgia, as in all democratic nations, the foreign financing of political processes is prohibited. Regrettably, there have been cases of covert foreign political interference through certain large non-governmental organizations (NGOs). In response, this Law establishes a mechanism to identify and disclose to the public biased political influences within the non-governmental sector that might undermine the country’s political and economic stability.

At the same time, the Law contains no provisions restricting freedom of association, as it does not limit organizations’ operations or their ability to receive funding in any form. This has never been – and under no circumstances could become – the intention or objective of the Government of Georgia.

The Law does not limit in any way the right of any organization, including workers’ or employers’ organizations, to affiliate with international bodies or receive financial support from them. Any suggestion that the Law impedes freedom of association under the Convention is based on a misinterpretation of its scope. The sole purpose of the Law is to prevent covert political interference and ensure transparency. Consequently, it cannot, and will not, impede the legitimate activities of trade unions and employers’ associations.

Under the Law, the registration and reporting obligations of an “organization pursuing the interests of a foreign power” apply exclusively to non-entrepreneurial (non-commercial) legal entities that receive more than 20 per cent of their total income during a calendar year from foreign sources. The financial reporting requirements established by the Law are both proportionate and non-discriminatory. Registered entities are only required to submit their financial declarations electronically once per year – a minimal bureaucratic burden that cannot reasonably hinder an organization’s operations.

Regarding the monitoring process for the enforcement of the Law, it serves to ensure organizational transparency and incorporates only those mechanisms necessary for effective implementation. Penalties apply strictly in cases where an organization deliberately refuses to comply with the Law and declines to transparently report its funding sources and intended uses – a fully legitimate demand that the State is entitled to make.

It should also be emphasized that Georgia’s approach is not unique but rather reflects a broader international concern about the potential for foreign interference in national governance. The Law is based on, and adapted to, well-established legislation and practices in democratic States, including the US Foreign Agents Registration Act; Israel’s NGO Transparency Law, which imposes similar transparency requirements on foreign-funded entities; a draft European Union directive under consideration by the European Parliament aimed at enhancing the transparency of foreign influence; and a draft law adopted by the French National Assembly (lower house of Parliament) introducing stricter oversight of foreign-funded organizations.

Furthermore, the Law is fully consistent with the principles established by the European Court of Human Rights and the Court of Justice of the European Union, which recognize that States may impose legitimate transparency measures to safeguard democratic processes.

Furthermore, the Court of Justice of the European Union, in its ruling on Hungary’s analogous legislation, explicitly recognized the public’s right to information regarding the funding sources and objectives of NGOs. The primary focus of the Law lies outside labour relations.

Nevertheless, extensive public debates, stakeholder discussions and parliamentary deliberations took place prior to the Law’s adoption, ensuring ample opportunity for input from all interested parties. The legislative process was conducted in full compliance with Georgia’s constitutional and parliamentary procedures.

In conclusion, we reiterate that Georgian society has the same fundamental right to information about foreign funding objectives as citizens of any democratic State. We wish to reaffirm Georgia’s commitment to the principles of the ILO, including the right of workers and employers to freely associate, organize their administration and engage in collective bargaining.

We trust that the Committee will give due consideration to the arguments presented above, which render further individual examination of Georgia’s case at the 113th Session of the International Labour Conference unwarranted.

Discussion by the Committee

Chairperson – It is my honour to welcome the distinguished representative of the Government of Georgia, Acting Head of the Department for Social Protection and Labour Policy.

Government representative – On behalf of the Government of Georgia, I appreciate this opportunity to address the Committee of Experts’ observations regarding the application of the Convention in Georgia. The right to form and join trade unions is guaranteed by the Constitution of Georgia for all citizens of the country.

In 2018, the Law on Trade Unions was granted the status of Organic Law. This legislation establishes the legal foundations for the creation of trade unions, their rights and the guarantees of their operations. Since 2019, several amendments have been introduced to the Law of Georgia on the Elimination of All Forms of Discrimination, in line with the commitments undertaken under the Association Agreement between Georgia and the European Union. Specifically, the principle of equal treatment has been extended to include membership in, and activities of, workers’ organizations, employers’ organizations or other associations whose members may belong to professional groups.

Subsequently, within the framework of the 2020 Labour Code reform, the same principle was incorporated into the Labour Code of Georgia. Moreover, as part of this reform, an agreement was reached to lower the minimum number of members required to establish a trade union from 50 to 25. Georgia does not face significant challenges in ensuring the protection of freedom of association as a fundamental labour right. This is supported both in court practice and by data from the International Labour Organization itself. For instance, Sustainable Development Goal (SDG) indicator 8.8.2 which, as you know, measures national compliance with fundamental labour rights, particularly freedom of association and collective bargaining, stands as low as 0.1 for Georgia, according to the most recent data from 2023. Moreover, this indicator has shown a declining trend since 2015. We have thoroughly reviewed the Committee of Experts’ concerns regarding the Law on Transparency of Foreign Influence, adopted on 28 May 2024 by the Parliament of Georgia, particularly regarding its potential implications for workers’ and employers’ organizations. We would like to offer clarification concerning the proposed scope of the Law, while affirming its full compatibility with the Convention in both principle and application. We would also like to emphasize our expectation that the Law on Transparency of Foreign Influence, which has, unfortunately, become artificially exaggerated as a political issue, will not become subject to politically biased discussions within a forum that should remain free from such partiality. The Law primarily aims to ensure the transparency and accountability of non-governmental and media organizations operating in Georgia that receive substantial foreign funding and engage in political activism.

In Georgia, as in all democratic nations, foreign financing of political processes is prohibited. This Law establishes a mechanism to identify and disclose political influences within the non-governmental sector that might undermine the country’s political and economic stability. At the same time, the Law contains no provisions restricting freedom of association, as it does not limit organizations’ operations or their ability to receive funding in any form. The Law does not limit in any way the right of any organization, including workers’ or employers’ organizations, to affiliate with international bodies or receive financial support from them.

Consequently, it cannot and will not impede the legitimate activities of trade unions and employers’ associations. Under the Law, the registration and reporting obligations apply exclusively to non-commercial legal entities that receive more than 20 per cent of their total income during the calendar year from foreign sources. The financial reporting requirements established by the Law are both proportionate and non-discriminatory.

Registered entities are only required to submit their financial declarations electronically once per year, a minimal bureaucratic burden that cannot reasonably hinder an organization’s operations.

Regarding the monitoring processes for the enforcement of the law, it serves to ensure organizational transparency and incorporates only those mechanisms necessary for effective implementation. Penalties apply strictly in cases where an organization deliberately refuses to comply with this Law and declines to transparently report its funding sources and intended uses, which is a fully legitimate demand that the State is entitled to make. It should also be emphasized that Georgia’s approach is not unique, but rather reflects a broader international concern about the potential for foreign interference in national governance. Furthermore, the Law is fully consistent with the principles established by the European Court of Human Rights and the Court of Justice of the European Union, which recognize that the State may impose legitimate transparency measures that safeguard democratic processes. The primary focus of the Law lies outside labour relations. In the end, we wish to reaffirm Georgia’s commitment to the principles of the ILO, including the right of workers and employers to freely associate, organize their administration and engage in collective bargaining.

We remain committed to continuing our cooperation with the ILO and our social partners, including through the framework of the Tripartite Social Partnership Commission. This includes our readiness to engage in dialogue with our partners regarding the recently adopted legislative amendments and their potential implications. The above-mentioned Commission, at its most recent meeting in March 2025, played a pivotal role in addressing a labour dispute in one of the municipalities of Georgia, and all parties affirmed the importance of holding quarterly meetings of this Commission. We remain committed to advancing the protection of workers’ rights in Georgia, including through the consideration of the Committee of Experts’ recommendations. We would also welcome technical assistance from the ILO in support of aligning our legislation with international labour standards.

Employer members – We thank the Government of Georgia for the oral and written information on this case, of which we have fully taken note. The Employer members stress the importance of the States’ compliance with the application of this ratified core Convention. The Convention was ratified by Georgia in 1999. Since 2005, the Committee of Experts has issued nine observations, and this case has not been discussed in the Committee before. The Government provided written information, which was published on 19 May 2025. On the Law on Transparency of Foreign Influence, which was adopted by the Parliament on 28 May 2024, the Employer members would like to highlight three points:

• About the process: The Committee of Experts noted that the Law adopted without prior consultations with the social partners. They referred to the Urgent Opinion of the Venice Commission of the Council of Europe, which expressed deep concern at the fact that this Law was adopted in a rushed way with no meaningful consultation process. According to the position of the Government, the legislative process was conducted in full compliance with Georgia’s constitutional and parliamentary procedures. The Employer members would like to ask the Government whether the draft legislation was preceded by free and frank consultation with the most representative employers’ and workers’ organizations.
• About the registration as an organization pursuing the interests of a foreign power: According to sections 2(1)(a) and 4(1), non-commercial legal entities receiving over 20 per cent of their annual income during a calendar year from a foreign source must register as “organizations pursuing the interests of a foreign power”. Except for those non-commercial legal entities which are expressly excluded, this definition potentially encompasses employers’ and workers’ organizations affiliated with international bodies. According to section 1(2), the Law shall not restrict the activities of an entity registered as an organization pursuing the interests of a foreign power. The Government mentioned in its written contribution that the Law does not limit organizations’ operations or their ability to receive funding. Furthermore, they believe that the Law does not limit in any way the right of any organization, including workers’ or employers’ organizations, to affiliate with international bodies or receive financial support from them. However, our group would like to note that the Venice Commission of the Council of Europe considered that, by repeatedly referring to an organization as “pursuing the interests of a foreign power,” the Law could have the effect of stigmatizing. The Employer members doubt that the fact that one fifth of the annual budget is provided by a third party would justify the designation of “pursuing the interests of a foreign power”.
• On additional obligations: Workers’ and employers’ organizations covered by the Law are subject to additional obligations. This includes submitting annual financial declarations and providing requested information immediately during investigations or monitoring. The Law also foresees that all organizations are subject to monitoring. The grounds for initiating monitoring are a decision of a person authorized by the Ministry of Justice, or a written application submitted to the Ministry of Justice, which contains appropriate information related to a specific organization pursuing the interests of a foreign power.

The Committee of Experts observed that this provision is unlimited in scope and that it provides for no precise criteria as to what entities or individuals may submit statements to trigger monitoring, nor does it constrain the discretion of the Government agents.

Furthermore, significant fines in case of non-compliance with the Law are foreseen:

• for failure to register or to submit a financial declaration;
• for failure to fill in the registration statement or to remedy a shortcoming;
• in cases of the continuation of such failures; and
• or failure to provide the information requested by the person authorized by the Ministry.

According to Article 5 of the Convention, workers’ and employers’ organizations have the explicit right to affiliate with international organizations of workers and employers. Article 3 of the Convention grants workers’ and employers’ organizations the right to draw up their own constitutions and rules. It also stipulates that public authorities must refrain from any interference that would restrict this right or impede its lawful exercise. The Employer members believe that the burdens of the Law, for example, the severe sanctions and broad governmental discretion, could interfere with the autonomy of workers’ and employers’ organizations according to Articles 3 and 5 of the Convention.

Furthermore, the Employer members urge the Government to evaluate a possible amendment to the legislation, in consultation with the social partners, particularly with regard to the issue of excluding employers’ and workers’ organizations from the scope of the legislation. Finally, and to conclude, we recommend that the Government provide information on all measures taken in this respect.

Worker members – This is the first time that the Committee has been called upon to examine the application of the Convention by the Government of Georgia. The Worker members express grave concern about recent legislative developments that pose significant threats to the fundamental freedoms and rights of workers and their organizations, as well as to the broader democratic space in the country.

In its observation, the Committee of Experts raised serious concerns about the Law on Transparency of Foreign Influence, adopted in May 2024, which requires any non-commercial organization receiving over 20 per cent of its funding from abroad to register as a so-called “organization pursuing the interests of a foreign power”. The definition of “foreign source” includes international trade unions and other associations established under foreign or international law. Organizations labelled as “pursuing the interests of a foreign power” face strict obligations, including annual financial reporting and immediate disclosure of information upon request by the Ministry of Justice. All organizations may be monitored at the Ministry’s discretion or based on third-party complaints. Non-compliance carries significant fines, ranging from 5,000 to 25,000 Georgian lari (up to approximately US$9,200).

In April 2025, the Parliament passed a new Foreign Agents Registration Act (FARA), which reinforces the Law on Transparency of Foreign Influence of May 2024. The FARA targets any person (legal or physical) who is deemed to be “under the control of, or acting at the direction of, a foreign power and acting in the interests of that foreign power”, but remains vague as to its scope. Failure to comply with the FARA is punishable by up to five years of imprisonment, a fine of up to 10,000 lari (approximately US$3,600), or both.

The Worker members are deeply concerned by the broad scope and potentially far-reaching consequences of these laws, which remain vague in both intent and application. Sweeping definitions, vague criteria, and expansive monitoring powers pose a serious threat to the rights of workers and trade unions guaranteed under the Convention, particularly the right to organize, to administer their own affairs and activities freely, and to affiliate with international organizations, as enshrined in Articles 2, 3, and 5. We also echo the concerns of the Venice Commission of the Council of Europe regarding the Law’s potentially stigmatizing language, which risks delegitimizing organizations that receive international funding. We emphasize that the FARA has the same deterrent effect for individuals.

In line with the Committee of Experts’ request, we urge the Government to amend the Law on Transparency of Foreign Influence and the FARA, in consultation with the social partners, so as to explicitly exclude trade union activities and trade unions from their scope of application.

Turning to the amendments to the Law on Public Service adopted in December 2024, the Worker members express serious concern over the significant deterioration of employment conditions for public servants, which negatively impacts their ability to exercise their rights and freedoms under the Convention. The Law effectively abolishes employment security by replacing stable contracts with one-year temporary contracts, which may be terminated at any time with only one month’s notice and compensation equivalent to one month’s salary. Additionally, civil servants are now subject to annual performance evaluations by their immediate supervisors, in which a single unsatisfactory rating results in a 20 per cent salary reduction, and a second such rating leads to dismissal.

This reform creates unprecedented job insecurity and weakens the labour protections of civil servants against arbitrary dismissal. Such conditions severely undermine the environment necessary for civil servants to freely exercise their trade union rights, raising serious concerns in relation to the Convention and the Labour Relations (Public Service) Convention, 1978 (No. 151), which Georgia ratified in 2003.

It is deeply regrettable that none of these legislative changes were preceded by meaningful consultation with the social partners. Effective social dialogue is not only a cornerstone of democratic governance and sound labour relations, it is also a legal obligation under international standards. The absence of such dialogue seriously undermines the legitimacy of both the legislative process and its outcomes. The Government of Georgia has a clear responsibility to engage with workers’ representative organizations in the development and implementation of legislation affecting their rights and interests. We therefore urge the Government to review the recent amendments to the Law on Public Service through a genuine process of consultation with workers’ representative organizations. This is essential to restore key labour protections, ensure employment security in the public sector, and safeguard the ability of civil servants to freely exercise their rights to organize and bargain collectively.

We express grave concern over the legislative initiatives being advanced by the Government, including the expedited adoption of amendments to the Code of Administrative Offences, the Criminal Code, and the Law on Assemblies and Manifestations. Of particular alarm are the measures aimed at criminalizing peaceful protests, such as the imposition of heavy fines for roadblocks and the introduction of preventive detention based solely on suspicion.

In the context of widespread public demonstrations and social tensions, these measures severely constrict democratic space and infringe upon the fundamental civil liberties of workers.

The Worker members urge the Government of Georgia to immediately repeal these punitive legislative measures, to fully respect the right to peaceful assembly and protest, and to engage in meaningful dialogue with workers’ organizations to ensure that fundamental civil liberties and democratic rights are guaranteed, in line with the Convention

Worker member, Georgia – It is an honour for me to speak on behalf of the Georgia Trade Unions Confederation (GTUC). We should note that the draft Law on Transparency of Foreign Influence was criticized by the GTUC during the discussion stage of the initiative, as it hinders democracy, European Union integration and the protection of human rights in the country, although it was ultimately adopted last year without consultations with social partners.

Moreover, the adoption of legislation inconsistent with fundamental labour standards continued, including in the field of labour, such as amendments to the Law on Public Service. The GTUC believes that amendments to the Law on Public Service, introduced at the end of last year, have significantly worsened the guarantees of protection for public servants and, as a result, contradict international labour standards, the Association Agreement with the European Union, the Constitution of Georgia, and the well-established practice of the Constitutional court and common courts of Georgia.

The involvement of the most representative workers’ organization in the country, the GTUC, was ignored in the process of preparation of the draft law, thus violating the fundamental standards of the International Labour Organization, which oblige Member States to ensure effective consultations with employers’ associations and trade unions on labour issues.

Although we criticized the amendments at the initial stage and demanded their withdrawal, the draft law deteriorated sharply during the parliamentary hearings, and, as a result, we ended up in a worse situation than we had with the Labour Code adopted in 2006, which, based on our reports, had been the object of sharp criticisms by the International Labour Organization for years.

It took us many years of struggle to use international mechanisms and the direct involvement of the International Labour Organization to change the neoliberal, one-sided labour legislation adopted with complete disregard for employees’ rights.

We believe that amendments supported by Parliament have undermined the progress achieved to date in the labour legislation regulating the public service.

We have approached the International Labour Organization for an expert opinion on the adopted amendments, which are in complete disregard of international and national standards, and we are preparing the case for the Constitutional court as well.

The heads of the primary structural unit of a public institution and their deputies are no longer considered as public servants, but as persons employed under administrative contract. The term of validity of the contracts of such persons shall not exceed the term of office of the head of the relevant public institution. The termination of the authority of the head of the institution shall result in the termination of their authority. The heads of the primary structural unit and their deputies may terminate their contract at any time with one month’s notice and shall receive only one month’s compensation.

The specified regulation effectively leaves those employed in very important positions in the public service vulnerable, which also affects public servants.

All public servants are evaluated every six months instead of once a year. In the event that a public servant receives an unsatisfactory evaluation, 20 per cent of his or her official salary will be withheld until the results of his or her next evaluation, a measure which did not exist before. If he or she is assessed unsatisfactory twice, he or she will be dismissed from service. The head of the public institution is authorized to change the evaluation prepared by the public servant’s immediate supervisor within one month of this evaluation.

The mobility rule no longer applies in cases of reorganization, although mobility is an important instrument for maintaining jobs in the civil service system in general. Appealing dismissal decisions does not suspend the adopted acts, and a favourable court ruling on behalf of a person dismissed from service on the grounds of reorganization does not lead to the reinstatement of the illegally dismissed person. Even in the event of winning the dispute, the dismissed public servant will receive compensation in the amount of three months of official salary.

Under the above-mentioned regulation, public servants who are members of trade unions are at particular risk. In the event of dismissal from service on the grounds of trade union membership in the context of reorganization, or possibly under other legal grounds, they will not be able to restore their rights. This will have a significantly negative impact on trade union members, causing them to leave trade union organizations out of fear, especially when no single collective agreement has been signed in the sector concerned.

We demand that public servants, through social dialogue formats, receive legislative guarantees so that their job stability and fundamental rights, including freedom of association and the right to collective bargaining, are not put at risk.

As the Government representative already mentioned, we do have a national tripartite framework at the national level, which is the framework in which we should consider and discuss all issues related to employment. We already have an action plan, which was adopted a few months ago and now needs to be implemented.

We do consider that this time, as has happened before in the history of Georgia, the recommendations of the Committee will be sufficient to ensure better protection of workers’ rights – in this case, public servants’ rights in Georgia.

Government member, Poland – I have the honour to speak on behalf of the European Union (EU) and its Member States. The candidate countries Montenegro, North Macedonia, Republic of Moldova and Ukraine, and the EFTA country Norway, member of the European Economic Area, align themselves with this statement.

The EU and its Member States are committed to the respect, protection and fulfilment of human rights, including labour rights. We promote universal ratification and effective implementation of fundamental ILO Conventions and support the ILO in developing and promoting international labour standards and supervising their application.

Georgia was given a European perspective on 23 June 2022. In December 2023, the European Council granted Georgia candidate status on the understanding that the relevant nine steps set out in the Commission recommendation of 8 November 2023 were taken. Since 2016, an association agreement between the EU and Georgia has been in force, and together we have been deepening political association and economic integration with the EU, including through a commitment to respect and implement the internationally recognized core labour standards, as embodied in the fundamental ILO Conventions.

We express our serious concern with the latest observation by the Committee of Experts regarding the adoption of the Law on Transparency of Foreign Influence in May 2024. The Law creates obligations for all non-commercial legal persons, including trade unions and employers’ organizations, receiving more than 20 per cent of their income from foreign sources, to register as “organizations pursuing the interests of a foreign power”. We underline that this Law has been adopted without proper consultations with the social partners, violating established principles of social dialogue, and without prior consultation on legislation impacting workers’ and employers’ organizations.

We recall the Urgent Opinion of the Venice Commission of the Council of Europe, which strongly recommended repealing the Law and expressed its deep concern about the fact that the Law was adopted in a rushed way and without a meaningful consultation process. The Commission also considered that the Law sets restrictions on the rights to freedom of expression, freedom of association and privacy, and has serious implications, as it undermines both the financial stability and credibility of the organizations targeted, as well as their operations.

We concur with the Committee of Experts’ consideration that the Law on Transparency of Foreign Influence restricts the right of trade unions and employers’ organizations to organize their administration and activities protected by Article 3 of the Convention, by imposing excessive obligations on those deemed as “pursuing the interests of a foreign power”. This includes mandatory registration, excessive administrative and financial control, as well as heavy financial penalties for non-compliance. We also underline that the Law raises the risk of arbitrary intervention in the unions’ activities, as it lacks clear limitations on the discretionary power of authorities.

We recall the Committee of Experts’ observation that this legislation infringes the principles concerning the right to affiliate with international organizations laid down in Article 5 of the Convention. We concur with the conclusion of the Committee on Freedom of Association (CFA) that international trade union solidarity constitutes one of the fundamental objectives of any trade union movement and underlies the principle that any organization, federation or confederation shall have the right to affiliate with international organizations of workers and employers. Accepting financial assistance from international workers’ and employers’ organizations is a legitimate right which stems from this affiliation.

In line with the Committee of Experts’ recommendation, we urge the Government of Georgia to immediately take steps to bring its legislation into conformity with the Convention in consultation with social partners, and to provide information on progress and on all measures taken in this regard.

We took note of the Government’s written submission on the Law on Transparency of Foreign Influence. Recently adopted legislation represents further aggressive action by the Georgian authorities to suppress dissent, restrict freedoms, and shrink the space for activists, civil society, and independent media. This includes the Foreign Agents Registration Act and amendments to the Law on Grants, which mark a further restrictive step from the Law on Transparency of Foreign Influence, among others, by introducing criminal liability. These laws unduly restrict fundamental freedoms and human rights, and erode democratic decisionmaking.

In its conclusions from June, October and December 2024, the European Council found that the authorities’ course of action jeopardizes Georgia’s EU path. We note that the accession process is currently de facto halted and shall remain so, as long as the authorities fail to take credible steps to reverse democratic backsliding.

We reiterate our support to the Georgian people’s European aspirations. The EU and its Member States stand ready to support Georgia with the aim to address the issues raised and in meeting its obligations under the ratified Conventions.

Worker member, United Kingdom of Great Britain and Northern Ireland – I speak on behalf of the workers of the United Kingdom and also those of France and Germany. Noting the Committee of Experts’ recollection in this year’s observation that “the introduction of any draft legislation affecting the rights and interests of workers and employers should be preceded by free and frank consultations with their most representative organizations”, we note the Urgent Opinion of the Venice Commission issued on 3 March this year, following changes to the law governing demonstrations and potentially harsh sanctions for those that fall foul of them.

We note that, as the Venice Commission points out, the Government of Georgia did not engage with the social partners in any discussion on laws affecting their rights and interests. As workers in the United Kingdom know all too well, laws drafted on trade union rights or rights essential for the proper exercise of trade union freedoms, that are not preceded by proper discussion with trade unions tend to have serious problems. It is therefore no surprise that the Venice Commission calls the changes “fundamentally flawed”.

Peaceful protest is a crucial tool available to trade unions to protect the interests of their members and therefore falls under the Committee of Experts’ exhortation for free and frank consultation. Of course, like some of the bad legislation aimed at United Kingdom workers between 2016 and 2023, which we are very glad to see being dismantled by our current Government, not all those flaws might be a product of clumsiness or ignorance. The other issues being raised in this case give us cause to question the good faith of the Georgian Government. But whatever the motive, the overly broad prohibitions, coupled with just as overly severe sanctions on perfectly peaceful activities, are of great concern. For example, the law prohibits the use of “pyrotechnics” but does not define what it means by that.

Of greater concern are two clauses governing what peaceful demonstrators may wear.

First, the law bans covering the face, and I quote, “with a mask or any other means”. Even allowing for the fact that there is no reason why peaceful protesters should not be able to cover their face, this law, through misstep or design, is damagingly vague.

The Venice Commission notes that the prohibition is so broad as to potentially cause confusion for both protesters and those enforcing the law as to what is allowed and what is prohibited. Does it include medical face coverings which many vulnerable people still wear as a precaution when in close proximity to large crowds? How much of the face must be uncovered? Can I wear a scarf on a cold day? Should I be worried about my facial hair? Again, it is hard to imagine that such a poorly drafted law would have survived a meaningful consultation with the trade unions.

The law further outlaws wearing clothes “similar to police uniforms”. Once again, it does not say how similar clothes can be – does it mean high-vis elements or uniform-style hats, or just wearing dark blue with grey? And who decides?

Given increased penalties for non-compliance with the lawful order of a law enforcement officer, even in the context of a completely peaceful demonstration, it is even more important that both parties can judge the limits of what such an order could lawfully be.

Of course, our concern is not only about the disproportionate power this gives the police to interpret these laws as they see fit, though they could have a chilling effect on the exercise of free political expression, but also that the law directly and negatively affects the interests of trade unions without there having been any effort to consult the most representative social partners as very clearly called for in the Committee of Experts’ comments. The result is a hasty, ill-thought-out piece of legislation that creates potential bear traps for completely peaceful protesters and could be exploited as a means to suppress free expression of issues core to the defence of the interests of trade union members.

As the Venice Commission notes, these laws “introduce numerous restrictions on freedom of assembly and other fundamental rights which appear to be incompatible with the principles of lawfulness, necessity and proportionality”.

We, therefore, call on the Government to, as a matter of urgency, commit to a review of both the Assemblies Law and the Code of Administrative Offences, and to carry it out in full consultation with the social partners with a view of clarifying the provisions of the law and removing obstacles to free expression through peaceful protest.

Worker member, Finland – I am speaking on behalf of the Nordic Trade Unions. While it may sound self-evident, and perhaps one day will no longer need to be said, the Convention contains in essence the foundations upon which the ILO is built. Yet the need to reaffirm and protect these fundamental principles remains pressing. Today, we are confronted with the case of Georgia, a case that brings into sharp focus the continuing challenges surrounding the Convention’s proper application.

As has been repeatedly emphasized by the ILO’s supervisory bodies over the decades, the Convention exists to protect the autonomy and independence of workers’ and employers’ organizations in their establishment, their functioning and in their dissolution, and crucially, in their relationship with the public authorities.

One of the most essential components of this protection is the obligation to ensure that any legislative initiative affecting the rights to organize, to bargain collectively or to influence the terms and conditions of employment must be preceded by full and frank consultation with the most representative employers’ and workers’ organizations. This is not merely good practice, it is a necessary condition for legitimacy and sustainability.

Yet in the case before us, the Government of Georgia has enacted legislation in a rushed and unilateral manner without meaningful dialogue or prior consultation with the social partners. The facts are deeply concerning. Legislation adopted within an extremely short time frame in a process devoid of transparency and inclusive participation. This course of action stands in clear contradiction to both the letter and spirit of the Convention. It undermines the fundamental notion that legislation affecting the rights and interests of workers and employers must be developed not only for them, but with them.

The Committee of Experts has rightly echoed the Urgent Opinion of the Venice Commission of the Council of Europe. The mere fact that the Government proceeded in this manner should raise serious alarm among all members of this Committee.

Tripartite consultation is not merely a formality. It is the very foundation of genuine social dialogue and democratic governance in the world of work. It must take place before legislation is introduced, not after it has been drafted behind closed doors. It must be open, timely and inclusive, and it must extend beyond technical labour law to the broader realm of public policy that affects working people’s lives, including labour, social and economic matters.

Equally important is also the quality of consultation. It must be effective, not symbolic. The supervisory bodies of the ILO have consistently underlined the need for consultation to be full and frank. This also means timely notice. This means access to draft texts well in advance of adoption. And above all, this means a genuine willingness to listen, to engage and to take into account the views of social partners.

Consultation is not an end in itself. It is a means to foster stability, trust and mutual respect in industrial relations. Harmonious labour relations cannot be decreed from above. They must be built on the foundation of participation, dialogue and institutional trust between the government, workers and employers.

Freedom of association, the very core of this Organization, cannot be realized in an atmosphere of repression. Workers’ and employers’ organizations must be able to operate free from interference, harassment, threats and efforts to discredit their leaders. Intimidation, whether overt or subtle, undermines democratic trade union activity and is fundamentally incompatible with the requirements of the Convention. This incompatibility, sadly, is what we are witnessing in Georgia today, where undermining social dialogue continues. The most recent amendments in labour law were enacted last December, and again without proper involvement of the social partners.

It is not enough to proclaim respect for international obligations. These obligations must be lived in practice. Political will, or lack thereof, does not absolve any Member State of its duties under the ILO Conventions it has ratified.

The situation in Georgia is not just about a single law or a single movement. It is about whether the fundamental principles of freedom of association and tripartism, the pillars of our shared commitment, are upheld or eroded. Trade unions are not actors, I quote, “pursuing the interests of a foreign power”, they are an integral part of civil society and genuine social dialogue.

We urge the Government of Georgia to bring its actions into line with the obligations it has freely accepted. We call for the full restoration of meaningful dialogue with representative social partners in a climate of trust and in accordance with the Convention.

Government member, United Kingdom of Great Britain and Northern Ireland – The United Kingdom is closely monitoring the situation in Georgia. We have repeatedly registered our deep concern about the Georgian Dream Government’s antidemocratic actions. This includes the introduction of repressive legislation such as the Law on Transparency of Foreign Agents (2024) and its successor, the Foreign Agents Registration Act (2025), and recent moves by the Georgian Dream Government to restrict freedom of expression and freedom of association, including through the use of excessive force in response to legitimate protests. We have repeatedly made clear that a vibrant civil society is a key part of a thriving democratic Georgia.

We support the observations of the Committee of Experts that recent legislation imposes excessive bureaucratic requirements in contravention of the right to organize freely and to affiliate with international organizations which is set out in Article 5 of the Convention. We further share the Committee of Experts’ concern that the legislation was adopted in a rushed way without meaningful consultation with those affected, including workers’ and employers’ rights organizations, as well as many other groups across Georgian society.

The United Kingdom calls on the Georgian Dream Government to take swift action to reverse its democratic backsliding and ensure the fundamental rights of all citizens are upheld. This should include the withdrawal of repressive legislation such as the Foreign Agents Registration Act, and accountability for those implicated in excessive use of force against protesters, journalists and politicians, and in doing so, once again pursue a Euro-Atlantic trajectory.

Worker member, Poland –I am speaking on behalf of Solidarność (NSZZ). We note the adoption on 28 May of the Law on Transparency of Foreign Influence. The bureaucratic burdens it imposes on trade unions or employers’ organizations receiving financial assistance from abroad, including from an international trade union or employers’ organization to which they are affiliated, as well as the various hefty penalties that can be imposed on organizations, are not in conformity with the Convention.

We noted that the Law on Transparency of Foreign Influence has been adopted without prior consultation with the social partners, in a rushed way, with no meaningful consultation process.

We noted that the amendment of the Law on Public Service was adopted on 9 December 2024, four days after the announcement of the draft by the Government. We noted with concern that the Law on Public Service was adopted in a rush, without prior consultation with the most representative workers’ and employers’ organizations.

We noted that the amendment creates serious risks to the basic labour rights of public service workers, including protection against unfair and arbitrary dismissal, with negative implications for freedom of association and collective bargaining.

The new Law changes the status of the heads of primary structural units for public institutions and their deputies from civil servants to staff members employed under administrative contract, under conditions deprived of employment security and allowing for unjustified discretionary dismissals and other discretionary sanctions. We share the concern that the Law on Public Service may create the risk of negative impact on the exercise of trade union rights. Job insecurity makes workers more vulnerable and susceptible to anti-union discrimination, as well as bullying and harassment. It has a chilling effect and restricts the take-up and exercise of freedom of association rights. We are deeply concerned by the failure of the Government of Georgia to engage in meaningful negotiations with trade unions concerning the new amendments.

We recall that the introduction of any draft legislation affecting the rights and interests of workers and employers should be preceded by free and frank consultations with the most representative organizations. We observe with concern the rushed adoption of amendments to the Code of Administrative Offences, the Criminal Code and the Law on Assemblies and Manifestations, which have a far-reaching effect on Georgian society. We recall that Governments should hold consultations with the most representative workers’ and employers’ organizations before submitting drafts to the Legislative Assembly.

We recall the importance that the CFA attaches to holding consultations with sufficient advance notice and, in particular, to ensuring that the drafts of laws or decrees are submitted to these organizations for consultations well before the adoption by the Government, as a prerequisite for consideration by Parliament.

We encourage the Government of Georgia to take without delay all necessary measures in consultation with representative employers’ and workers’ organizations, including withdrawal of the latest amendments to the Law on Public Service and the Law on Transparency of Foreign Influence, to guarantee that the above provisions do not impede the exercise of the mandate of trade unions and their leaders to defend the interests of their members.

We encourage the Government of Georgia to hold consultations with the most representative workers’ and employers’ organizations with sufficient advance notice before submitting drafts affecting the rights and interests of workers and employers to the Legislative Assembly.

Observer, International Union of Food, Agricultural, Hotel, Restaurant, Catering, Tobacco and Allied Workers’ Associations (IUF) – In relation to the case under consideration, we wish to express our deep concern regarding recent actions by the Georgian administration and law enforcement authorities, which interfere with the structure and functioning of the Georgian Agriculture, Commercial and Industry Workers’ Trade Union, also known in the country as “Labor”. The Labor trade union has been affiliated with IUF for over a decade. It is one of Georgia’s most active organizations, and has led or supported nearly 20 campaigns in recent years. The campaigns resulted in improving working conditions and pay level in the food and allied industries. The union also plays a visible role in peaceful public demonstrations organized by the democratic movement in the country. On 24 April, officers from the investigation service of the Ministry of Finance conducted the search of the Labor trade union’s office.

Additional searches were carried out at three other locations: the union’s former office, the home apartment of the union’s chairman, Giorgi Diasamidze, and the venue where the union’s recent congress was held. These searches were reportedly authorized by a ruling from the Tbilisi City Court, in connection with a criminal investigation under two articles of Georgia’s Criminal Code – one carrying penalties of fines or up to three years’ imprisonment, and the other carrying a potential sentence of 7 to 11 years of prison. Neither the prosecutor’s motion nor the court ruling clearly specify the grounds for conducting these searches. It remains unclear what items were sought, why these particular locations were targeted or how the searches met the threshold of reasonable suspicion required by law. The legal basis for restricting property and privacy rights in this case is highly questionable. The search resulted in the seizure of documents belonging to the union, along with a computer processor. This contained the personal data of union members, confidential information related to collective labour disputes and details of cooperation with foreign partners. The confiscation of this material significantly hinders activities of the trade union and has a deterrent effect on both current and potential members.

Moreover, these investigative actions, marked by significant procedural violations, lack a sound legal foundation and represent an escalation of the pressure previously exerted on the union. This includes prior discreditation campaigns in the media, threats to individual activists and restrictions on access to the State register of organizations. These developments must be viewed in the broader context of systemic repression against independent civil society actors in Georgia, including the media and non-governmental organizations. The targeting of trade unions marks a particularly dangerous phase aimed at suppressing freedom of association and undermining the protection of workers’ rights. We urge the Government of Georgia to immediately return the seized property; immediately cease the harassment and persecution of the Labor trade union and its leadership, first of all the union president, Giorgi Diasamidze; conduct an effective independent and impartial investigation into the legality of the searches and related actions; uphold both constitutional and international commitments to safeguard freedom of association and the right to organize independent trade unions free from State interference; and strengthen juridical oversight of investigative actions and ensure effective remedies against their abuse.

Observer, Public Services International (PSI) – Public Services International is particularly concerned at the recent legislative process relating to the draft amendments to the Law on Public Service. I must therefore repeat some of the matters raised by other speakers.

Firstly, regarding the process, this draft was submitted to Parliament on 9 December 2024, processed very quickly and, just four days later, on 13 December, adopted at its third reading. The amendments then came into force on 29 December. The Committee of Experts has yet to issue an opinion on whether these changes comply with Georgia’s obligations under the ILO Conventions. The country’s most representative trade union organization, however, expressed grave concerns from the outset. It warned, for example, that the amendments diminish guarantees for public officials, contradict international labour standards and also go against national legislation and the jurisprudence of the courts.

We also regret the exclusion of that trade union from the process. We wish to recall that the ILO supervisory bodies often request that such processes take place in consultation with the social partners.

We are also deeply concerned that between December 2024 and April 2025, around 700 public officials were dismissed, supposedly for criticizing the Government.

At the same time, coincidentally, certain legislative changes were made that weakened labour protections for public employees, particularly in the Ministry of Defence and Tbilisi City Council. These facts seem, a priori, to constitute acts of reprisals and could violate freedom of expression.

In this context, we would like to recall that freedom of expression is a basic right and is essential if persons and organizations are to be able to defend their rights, including labour rights. At its 54th Session in 1970, the Conference adopted a resolution that makes that relationship very clear. The resolution gives particular importance, and I quote, to “freedom of opinion and expression and in particular the freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers”, and it also highlights the importance of the right to assembly.

For these reasons, we respectfully request that the Government takes these concerns into consideration.

Observer, IndustriALL Global Union – I am speaking on behalf of Building and Woodworkers International (BWI) and IndustriALL Global Union. It is a matter of deep concern and disapproval that the Government has recently undermined the rights to freedom of peaceful assembly and association by imposing limitations through the adoption of the amendment to the Law on Assemblies and Demonstrations of February of 2025 without consulting the social partners on holding demonstrations and administering excessive financial sanctions on workers and union leaders for minor violations. This is also an attack on freedom of speech.

Moreover, we also find the adoption of the amendments to the Law on Public Service from December of 2024 unacceptable, as they came into force without being drafted in consultation with the social partners. The unilateral adoption of legislation that may directly or indirectly affect trade unions without any form of consultation opens the door to further restrictions on the rights of workers and their organizations. It creates an environment in which the Government could potentially introduce additional measures limiting union activities, curtailing freedom of association or imposing administrative burdens under the guise of transparency or national security. Concerning the Law on Transparency of Foreign Influence, which was adopted in May 2024 without prior consultations with the social partners, we call on the Government to clarify its scope of application and confirm in writing that it does not apply to trade unions.

The Committee of Experts has consistently recalled that meaningful consultations must precede the introduction of any legislation that affects the rights and interests of workers and employers. This obligation derives not only from good governance principles, but also from the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144), which Georgia has ratified. The absence of consultation represents a serious breach of these international obligations and raises significant concerns about the future of social dialogue in the country. We call on the Government of Georgia to seek technical assistance from the ILO to assist the Government in putting in place a robust system of tripartite consultation and adopting legislation that is in full respect of the Convention.

Government representative – As we mentioned, the Law on Transparency of Foreign Influence primarily aims to ensure transparency and the accountability of non-governmental and media organizations operating in Georgia, as they receive substantial foreign funding and engage in political activities.

The Law does not limit in any way the right of any organization, including workers’ or employers’ organizations, to affiliate with international bodies or receive financial support from them. Any suggestion that the Law impedes freedom of association under the Convention is based on a misinterpretation of its goal. The sole purpose of the Law is to prevent covert political interference and ensure transparency. It is also noteworthy that, even a year after the Law’s adoption, there has been no recorded instance of any organization encountering problems with its activities.

As for the Foreign Agents Registration Act, this Law was modelled on the United States’ Foreign Agents Registration Act and has been adopted as an educational measure to help effectively mitigate external interference in the functioning of State institutions.

It is also important to emphasize that exactly seven days have passed since the Law entered into force, making it premature to assess its potential impact on the freedom of association for employers’ or workers’ organizations. However, as the Law is implemented in practice, it is expected to demonstrate that it does not hinder the activities of such organizations or infringe upon the principles of freedom of association. On the contrary, its scope, its sole purpose, is to reinforce national security and safeguard the country’s sovereignty.

As for the recent amendments to the Law on Public Service, it should be mentioned that under the 2025–28 Government Programme, a comprehensive reform is planned in the public service sector. In particular, a public service development strategy will be developed. The strategy will establish a unified vision focused on creating an attractive public service, introducing modern management standards, strengthening human capital within the public sector, promoting professionalism, supporting the effective operation of strong and accountable public institutions, and defining appropriate responsibilities at the political level to ensure the coordinated implementation of the reform.

The Law regulates matters concerning the appointment of civil servants to vacant positions through competitive selection, the performance evaluation of civil servants by their direct supervisors, and processes related to institutional reorganization. The Law was adopted following consultations with the heads of public institutions, and several recommendations from the Public Defender were also taken into consideration.

The amendments introduced by the Law do not restrict the freedom of association for employees, as they do not involve any direct or indirect changes regarding the right of association on professional grounds. Furthermore, since the enactment of the Law on 13 December 2024, the Minister of Labour has received ten notifications requesting the appointment of a mediator in collective labour disputes.

In all ten cases, a mediator was appointed and in seven of these cases, mediation took place within State institutions, specifically legal entities under public law. Notably, in one of these institutions, mediation requests were submitted from two separate employee associations.

The nature of the disputes is diverse and concerns not only remuneration, but also various employment conditions, including the conclusion of collective agreements. This demonstrates that, rather than restricting freedom of association, employees in public institutions are actively organizing, forming independent trade unions and working to enhance their labour rights.

In conclusion, we remain firmly committed to advancing labour rights in Georgia and to ensuring the effective implementation of the Convention. We are prepared to engage in constructive dialogue with our social partners regarding the recently adopted legislative amendments and their potential implications.

Worker members – We thank all the speakers who participated in this discussion. The Worker members reiterate their profound concerns regarding the legislative developments in Georgia that threaten fundamental workers’ rights and the democratic space within the country. We emphasize once again the grave implications of the Law on Transparency of Foreign Influence and the Foreign Agents Registration Act. These laws impose sweeping registration requirements, vague definitions and expensive monitoring powers on organizations receiving foreign funding, which could negatively impact trade unions and trade union activities. The risk of stigmatization and undue interference is real and alarming. We strongly support the Committee of Experts’ call for the Government to amend this legislation, explicitly excluding trade unions and trade union activities from its scope in full respect of the Convention.

As regards the amendments to the Law on Public Service, we note with concern the drastic erosion of employment security for civil servants now subjected to precarious one-year contracts and punitive evaluation regimes that threaten their livelihoods and ability to freely organize. Such regressive reforms contravene Georgia’s obligations under the Convention and undermine the very conditions necessary for the full exercise of freedom of association rights.

We recall that legislative changes were adopted without any prior consultation or meaningful engagement with workers’ organizations. This lack of social dialogue not only undermines democratic principles, but also violates Georgia’s obligations under international labour standards. Meaningful and timely consultations with trade unions are essential to ensure that the rights and interests of workers are duly taken into account in legislative reforms. We recall that Georgia has an established forum for dialogue with the social partners, the Tripartite Social Partnership Commission. We urge the Government to engage meaningfully with this body on any legislative reforms affecting the rights of workers and their organizations.

Moreover, we express deep concern regarding the legislative changes that further restrict democratic freedoms, including the criminalization of peaceful protests through excessive fines and preventive detention measures. These actions constrict democratic space and curtail civil liberties crucial for workers to enjoy and to exercise their rights.

In light of these concerns, the Workers’ group calls on the Government of Georgia to amend the Law on Transparency of Foreign Influence and the Foreign Agents Registration Act to ensure that trade unions and trade union activities are excluded from their scope; review and revise, in consultation with workers’ representative organizations in the sector, the Law on Public Service amendments to restore secure employment and protect trade union rights in the public sector; repeal all the provisions that criminalize peaceful assembly and protests; and engage in meaningful and timely dialogue and consultations with the social partners on all relevant legislative initiatives affecting the social partners.

We urge the Government to reactivate and strengthen the Tripartite Social Partnership Commission, ensuring it functions as a meaningful and effective forum for dialogue and consultation. And we call on the Government of Georgia to accept a direct contacts mission.

Employer members – The Employer members thank the various speakers who took the floor for the interventions and the information provided, of which we have fully taken note. We reiterate that the Convention is a fundamental Convention and that we strongly condemn noncompliance relating to the application of this Convention.

In light of today’s discussion, the Employer members would like to recommend the following. First, we ask the Government to provide further information on the legislative process concerning the Law on Transparency of Foreign Influence, including past engagement and planned future involvement of workers’ and employers' organizations. Second, the Government should consider amending the legislation, in consultation with the social partners, particularly with regard to the issue of excluding employers’ and workers’ organizations from the scope of the legislation. Third, we recommend that the Government provide information on the progress and all measures taken in this respect.

To conclude, we count on the collaboration of the Government regarding meaningful engagement with social partners and the implementation of these recommendations.

Conclusions of the Committee

The Committee took note of the written and oral information provided by the Government and the discussion that followed.

The Committee recalled that the introduction of any draft legislation affecting social partners should be preceded by consultations and that the right to accept financial assistance from an international organization should be guaranteed based on the right to affiliate with international organizations set out in the Convention.

Taking the discussion into account, the Committee urged the Government:

• in consultation with the social partners, to amend the Law on Transparency of Foreign Influence and the Foreign Agents Registration Act and the Law on Public Service, in line with the Convention; and
• engage in meaningful and timely dialogue and consultations with the social partners on relevant legislative initiatives affecting the social partners, and on the functioning of the Tripartite Social Partnership Commission, as an effective forum for tripartite consultation.

The Committee requested the Government to avail itself of ILO technical assistance.

The Committee also requested the Government to submit a detailed report to the Committee of Experts on the measures taken to implement the above recommendations by 1 September 2025.

Chairperson – I invite the distinguished representative of the Government of Georgia to take the floor.

Another Government representative – I would like to express our appreciation and respect to the Committee for the opportunity to discuss Georgia’s case, and for the recommendations provided. As previously stated by our delegation, we believe that the legislation recently adopted in Georgia is aligned with the Convention. These laws are designed to enhance transparency and the accountability of non-governmental and media organizations operating in our country, without imposing restrictions on freedom of association – on any organization. It is important to note that they do not hinder organizations’ operations, their ability to receive funding, or their affiliation with international organizations.

Regarding the Committee’s conclusion on the Georgian Law on Public Service, we find the reference to the Convention somewhat unclear, as this Law does not regulate the activities of workers’ or employers’ organizations. Consequently, it cannot – and does not – restrict their affiliation with international organizations or their access to funding. The amendment introduced in the Law does not limit workers’ freedom of association, as it does not entail changes concerning the right to associate on professional grounds.

We are committed to constructive engagement with the ILO, focusing specifically on the application of the Convention, rather than broader legislative matters unrelated to workers’ and employers’ interests. Once again, we remain committed to constructive dialogue with our social partners within the tripartite social partnership framework to address any legislative initiatives affecting the social partners.