The European Union's "dithering" has allowed "foreign agent" laws to spread in Europe and Central Asia, Human Rights Watch (HRW) says, increasing the risk to civil society organizations that are already under threat from governments who are seeking to stifle democratic institutions and the free press.
The rights watchdog said in a statement on April 4 that the latest moves by Georgia and Kyrgyzstan to either adopt or declare an intent to adopt such legislation, which mirrors repressive legislation used by Russia to clamp down on free speech, are part of a trend that European lawmakers have sat by and watched without taking action.
"With civil society organizations under threat throughout Europe and Central Asia, we need an EU that in words and actions protects civic space and sets the right standards," HRW said.
HRW noted that Kyrgyz President Sadyr Japarov earlier this week signed into law an "abusive 'foreign representatives law'" that would apply the "stigmatizing designation" of “foreign representative” to any nongovernmental organization that receives foreign funding and engages in "vaguely defined political activity.”
"The EU had ample opportunity to press the authorities to reject this bill," HRW said, given that Kyrgyzstan benefits from privileged access to the EU internal market tied to respect for international human rights conventions, "conventions this law clearly contravenes."
"The country is poised to sign an enhanced partnership agreement with the EU that centers democracy and fundamental rights. The EU has been silent on whether these deals would be imperiled by the bill’s adoption, despite the fact the European Commission’s own assessment highlighted Kyrgyzstan’s dire environment for civil society and the country’s breach of its obligations," it added.
Meanwhile, the ruling party in EU-candidate Georgia this week said it plans to reintroduce a bill that would oblige noncommercial organizations and media outlets that receive foreign funding and are engaged in broadly defined "political" activities to report their activities to the authorities.
The legislation, which sparked mass protests when first introduced last year, causing the government to withdraw the bill, would also give wide oversight powers to the authorities and introduce potential criminal sanctions for undefined criminal offences.
"Georgia was granted EU candidate status in December 2023 on the understanding it would improve conditions for civil society," HRW said.
"This move risks derailing its EU integration even if the EU has until now been willing to move the country forward in the accession process despite limited progress on EU reform priorities."
HRW also chided the EU for its own proposed directive in December on “transparency of interest representation” that would create a register of organizations which receive foreign funding.
The proposal has been opposed by European civil society organizations who say it risks shrinking space for independent organizations at home while diminishing the EU’s credibility in opposing such laws abroad.
"Yet the Commission forged ahead," HRW said.