Observation (CEACR) - adoptée 2024, publiée 113ème session CIT (2025)

Convention (n° 87) sur la liberté syndicale et la protection du droit syndical, 1948 - Géorgie (Ratification: 1999)

The Committee notes the observations of the Georgian Trade Union Confederation (GTUC) received on 24 September 2024.

Articles 3 and 5 of the Convention. The right of workers’ and employers’ organizations to organize their administration, to affiliate with international organizations of workers and employers, and to receive financial assistance therefrom. The Law on Transparency of Foreign Influence (the Law). The Committee notes the adoption of the Law on 28 May 2024. The Committee observes that by virtue of its sections 2(1)(a) and 4(1), a non-entrepreneurial (non-commercial) legal person (except for those that are expressly excluded) must apply to the National Public Registry Agency for registration as an “organization pursuing the interests of a foreign power” if the source of more than 20 per cent of its total income during a calendar year is a foreign power. The definition of the latter comprises “an organisational entity (including a foundation, an association, a corporation or a union) or other form of association of persons, which has been established under the law of a foreign state and/or international law” (section 3). The Committee thus observes that an organization of employers or a trade union could be obliged to register as an organization pursuing the interests of a foreign power if it is affiliated with an international employers’ or workers’ organization and receives financial assistance equivalent to over 20 per cent of its income therefrom. The Committee notes that the Law imposes additional obligations on workers’ and employers’ organizations recognized as organizations pursuing the interests of a foreign power, namely: (i) the obligation to submit an annual financial declaration (section 6(1)); and (ii) the obligation to provide immediately the necessary information to the person authorized by the Ministry of Justice within the framework of examination and inquiry of the registration statement or financial declarations, as well as within the framework of the monitoring process (sections 6(1) and 8(3) and (4)). The Committee further notes that pursuant to section 8 of the Law, all organizations are subject to monitoring with a view to identifying whether they pursue the interests of a foreign power and that the grounds for initiating monitoring are: (i) decision of a person authorized by the Ministry of Justice; or (ii) 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 observes that this provision appears to be unlimited in scope as 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. The Committee also notes the fines provided for in section 9 in case of non-compliance with the Law, namely: (i) 25,000 Georgian lari (about US$9,200) for failure to register or to submit a financial declaration; (ii) 10,000 lari for failure to fill in the registration statement or to remedy a shortcoming, as well as 20,000 lari in case of continuation of such failure; and (iii) 5,000 lari for failure to provide the information requested by the person authorized by the Ministry.

While noting that section 1(2) states that the Law shall not restrict the activities of an entity registered as an organization pursuing the interests of a foreign power, the Committee considers that it is difficult to reconcile the additional bureaucratic burdens imposed 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 various hefty penalties that can be imposed on organizations, with the right of workers’ and employers’ organizations to organize their administration, to freely organize their activities and to formulate their programmes. The Committee recalls that the control exercised by the public authorities over finances of workers’ and employer’s organizations should not normally exceed the obligation to submit periodic reports and that the discretionary right of the authorities to conduct an investigation and request information at any time entails a danger of interference in the internal administration of such organizations. The Committee recalls that legislation which seriously hampers activities of a trade union or an employers’ organization on the grounds that they accept financial assistance from an international organization of workers or employers to which they are affiliated infringes the principles concerning the right to affiliate with international organizations set out in Article 5 of the Convention.

The Committee understands that the Law has been adopted without prior consultations with the social partners and notes, in this respect, the Urgent Opinion of the Venice Commission of the Council of Europe, which expressed its deep concern at the fact that this Law was adopted in a rushed way with no meaningful consultation process. The Committee recalls 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. The Committee also observes that the Venice Commission considered that by repeatedly referring to organizations as “pursuing the interest of a foreign power”, the Law had an effect of stigmatizing and undermining an organization receiving funds from abroad. In light of the above, the Committee urges the Government to amend the legislation, in consultation with the social partners, so as to explicitly exclude the organizations of employers and trade unions from its scope of application. The Committee requests the Government to provide information on progress in response to its concern, including all measures taken in this respect.