Observation (CEACR) - adopted 2025, published 114th ILC session (2026)

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

The Committee notes the observations of the International Union of Food, Agricultural, Hotel, Restaurant, Catering, Tobacco and Allied Workers’ Associations (IUF) received on 29 August 2025, which contain serious allegations of arbitrary searches and confiscation of property as well as of other repressive measures conducted against the IUF’s affiliate, the Georgian Agriculture, Commercial and Industry Workers’ Trade Union, including its President, Mr Giorgi Diasamidze. The Committee also notes the observations of the International Organisation of Employers (IOE) received on 1 September 2025, reiterating the comments made in the discussion held in the Committee on the Application of Standards of the International Labour Conference (Conference Committee) in June 2025 on the application of the Convention. The Committee further notes the observations of the International Trade Union Confederation (ITUC) received on 2 September 2025, expressing grave concerns about the legislative developments in Georgia that, according to the ITUC, pose significant threats to the fundamental freedoms and rights of workers and their organizations as well as to the broader democratic space within the country, notably the Law on Transparency of Foreign Influence (LTFI), the Foreign Agents Registration Act (FARA), and the amendments to the Law on Public Service (LPS). The Committee takes note of the observations of the Georgian Trade Union Confederation (GTUC) received on 24 September 2024, alleging insufficient legislative protection of the right to strike, and observations received on 30 September 2025. The Committee requests the Government to provide its comments on the IUF, ITUC and GTUC observations.

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 113th Session, June 2025)

The Committee notes the discussion that took place in the Conference Committee in June 2025 concerning the application of the Convention. The Committee observes that the Conference 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. The Conference Committee urged the Government: (1) in consultation with the social partners, to amend the LTFI, the FARA, and the LPS, in line with the Convention; and (2) 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 Conference Committee requested the Government to avail itself of ILO technical assistance and to submit a detailed report to the Committee of Experts on the measures taken to implement the above recommendations by 1 September 2025.

The Committee notes the Government’s indication that a tripartite meeting was held on 5 August 2025 with the participation of the social partners – the GTUC and the Georgian Employers’ Association (GEA) – and an ILO representative to discuss the impact of the LTFI, the FARA, and LPS and their possible amendment on the interests of employers and workers. The Committee notes the Government’s indication that the work on these issues will continue, including under the auspices of the Tripartite Social Partnership Commission. The Committee welcomes these tripartite discussions and expects that they will address the following pending legislative issues.

Article 2 of the Convention. Right of public servants to establish and join organizations without distinction whatsoever. The Law on Public Service. The Committee notes the adoption of amendments to the LPS in December 2024. While observing that pursuant to sections 6 and 67 of the LPS, which were not amended, public servants have the right to form and join trade unions, the Committee notes the ITUC allegation that absence of consultations with the social partners undermined the legitimacy of both the legislative process and its outcomes and that the amendments to the LPS severely undermine the environment necessary for civil servants to freely exercise their trade union rights. The Committee notes the Government’s acknowledgement that due to the accelerated timetable of the parliamentary process, the amendments to the LPS were not preceded by consultations with the social partners. 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. Noting that tripartite discussions on the application of the LPS are ongoing and will be presented to the Tripartite Social Partnership Commission for further consideration, and with reference to the Conference Committee conclusions, the Committee requests the Government to inform it of all developments in this regard.

Articles 3 and 5. 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 and the Foreign Agents Registration Act. The Committee recalls that it urged the Government to amend the LTFI (2024), 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 recalls that the definition of a “foreign power” under section 3(d) of the LTFI potentially encompasses international employers’ or workers’ organizations, which would oblige an organization of employers or a trade union to register as an organization pursuing the interests of a foreign power and to fulfil a number of additional reporting obligations if it is affiliated with an international employers’ or workers’ organization and receives financial assistance equivalent to over 20 per cent of its yearly income therefrom.

The Committee notes the Government’s indication that the LTFI primarily aims to ensure openness and accountability of non-governmental and media organizations that operate in Georgia while receiving substantial foreign funding and engaging in political activism and that the primary focus of the LTFI lies outside labour relations. The Committee further observes the Government’s assertion that, while the LTFI establishes a mechanism to identify and disclose political influences within the non-governmental sector that might undermine the country’s political and economic stability in accordance with the statutory prohibition of foreign financing of political processes, the LTFI contains no provisions restricting freedom of association as it does not limit the right of any organization, including workers’ or employers’ organizations, to affiliate with international bodies or receive financial support therefrom. According to the Government, the financial reporting requirements for non-entrepreneurial (non-commercial) legal entities that receive more than 20 per cent of its total income during a calendar year from a foreign power, provided for in sections 2(1)(a) and 4(1) of the LTFI, are neither disproportionate nor discriminatory and constitute a minimal bureaucratic burden that cannot reasonably hinder an organization’s operations. The Committee further notes the Government’s argument that the monitoring process aimed at enforcing the LTFI, provided for in section 8, ensures organizational transparency and incorporates only those mechanisms necessary for an effective implementation, providing for penalties exclusively in cases where an organization deliberately refuses to comply with the LTFI’s provisions. The Committee further notes the Government’s indication that during the 5 August 2025 tripartite meeting, the GTUC indicated that while it was not subject to the LTFI, as its foreign funding accounted for less than 20 per cent of its income, it nevertheless suggested to exclude from the scope of the LTFI social partners and financial support received from international organizations of which Georgia is a member. According to the Government, the GEA indicated that it was duly registered in accordance with the LTFI and, although the registration did not constitute a technical difficulty for the organization, the registration requirements might carry a certain stigmatizing effect. Accordingly, the GEA suggested that employers’ associations be considered for exclusion from the scope of the LTFI, considering their role as social partners for the Government of Georgia. In this regard, the Committee recalls that the Venice Commission had previously considered that by repeatedly referring to organizations as “pursuing the interest of a foreign power”, the LTFI had an effect of stigmatizing and undermining an organization receiving funds from abroad. The Committee reiterates 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 these 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 also recalls that the control exercised by the public authorities over finances of workers’ and employers’ 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 finally reiterates that legislation that 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. With reference to the conclusions of the Conference Committee, the Committee urges to the Government to amend the LTFIin 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 all progress made to that end.

The Committee notes the adoption of the FARA on 1 April 2025. The Committee observes that under section 1(c) of the FARA, an “agent of a foreign principal” includes “any other person acting at the direction, request, instruction or control of a foreign principal” and “whose activities are wholly or substantially supervised, managed, controlled, financed or subsidized by the foreign principal, directly or indirectly”, if the said person meets, among others, one of the following conditions: he/she participates in political activities in Georgia, directly or through another person, for the benefit of a foreign principal or in his/her interest; he/she represents the interests of a foreign principal in Georgia before any state institution or official. In this regard, section 1(m) defines “political activity” as “any activity carried out or to be carried out by a person with the belief or intention of exerting any influence on the Government of Georgia, state institutions or any part of society, which will be directed towards the formation, adoption or change of the domestic or foreign policy of Georgia ...”. The Committee also notes that, pursuant to section 1(a) of the FARA, a “person” could be a natural person, group of partners, association, corporation, organization or any other association of natural persons, while under section 1(b), a “foreign principal” of such a person could be any association of individuals whose activities are regulated by the law of a foreign country or whose principal place of business is in the territory of a foreign country. The Committee considers that the terms of section 1 of the FARA are vague and susceptible to arbitrary interpretation, particularly the definition of “political activity”, and that an organization of employers or a trade union and/or leaders of organizations of employers and trade unions could be potentially obliged to register as agents of a foreign principal if they are: (i) affiliated with an international employers’ or workers’ organization; (ii) substantially supervised, financed or subsidized by the foreign principal, directly or indirectly; and (iii) participate in political activities in Georgia, directly or through another person, in the interest of an international employers’ or workers’ organization and/or represent the latter’s interests in Georgia before any state institution or official. The Committee further notes that agents of a foreign principal are subject to stringent registration and reporting requirements vis-à-vis the Anti-Corruption Bureau. At the registration stage, a foreign agent must disclose, among other things, information on the origin and amount of income, donations, money or material value that the applicant has received in any form from the foreign principal in the past 60 days (section 2(1)(e), (f) and (j)). The Committee further observes that an agent of a foreign principal must submit to the Anti-Corruption Bureau every six months “such information as the Anti-Corruption Bureau deems necessary in the interests of national security and public interest” (section 2(2)) and that the Anti-Corruption Bureau “may require that information on all or specific issues be included in the additional documents attached to the registration application more frequently”. Furthermore, section 5 obliges agents of a foreign principal to keep all financial reports and other records related to its activities, the submission of which is mandatory in accordance with the FARA. The Committee also observes that section 4(2) and (4) of the FARA restricts the dissemination of information containing “political propaganda” by agents of a foreign principal while providing no definition of “political propaganda”. The Committee finally observes that the penalties for non-compliance with the FARA’s requirements include a fine not exceeding 10,000 GEL (approximately US$3700) and/or imprisonment for a term of up to five years.

The Committee notes that the Government’s indication that at the above-mentioned tripartite meeting, the GTUC indicated that it was not subject to the FARA due to the non-political nature of its activities. The Committee further takes note of the Government’s indication that it is prepared to assist in arranging a meeting with the Anti-Corruption Bureau, which is best positioned for providing clarifications on the interpretation and application of both the LTFI and the FARA. With reference to its considerations in respect of the LTFI, applicable mutatis mutandis to the FARA, and the conclusions of the Conference Committee, the Committee requests the Government to continue its consultations with the social partners with a view to amending the FARAso 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 all developments in this respect.