The OSCE Office for Democratic Institutions and Human Rights (OSCE/ODIHR) has issued a legal opinion on the repressive legislative package adopted by Georgia’s ruling party, Georgian Dream, on February 6.
The assessment was prepared at the request of the Public Defender of Georgia. According to the report, the amendments introduce multiple restrictions on protesters, increase fines for violations of public assembly regulations, extend the maximum duration of administrative detention from 15 to 60 days, and mandate written notification to local authorities for spontaneous gatherings.
ODIHR underscores that these legislative changes were adopted through an expedited process and without inclusive consultations. The new provisions impose significant restrictions on the right to peaceful assembly and freedom of expression while also toughening both criminal and administrative penalties. The report further states that several provisions raise serious concerns regarding compliance with international human rights standards, particularly in relation to Article 21 of the International Covenant on Civil and Political Rights (ICCPR) (the right to peaceful assembly) and Article 11 of the European Convention on Human Rights (ECHR) (freedom of assembly and association).
Among the most problematic provisions, ODIHR highlights:
• Mandatory prior notification for spontaneous gatherings
• A general ban on holding assemblies in private indoor spaces without prior written consent from the owner
• Prohibition of temporary structures at protests
• A blanket ban on wearing masks or other face coverings during assemblies
• Excessively harsh administrative and criminal sanctions ODIHR recommends that these restrictions be repealed or fundamentally revised, warning that disproportionate penalties in themselves may constitute a violation of the right to peaceful assembly.
Additionally, ODIHR calls for a reassessment of other proposed grounds for restricting assemblies, urging that they be more narrowly defined to ensure clarity, necessity, and proportionality, avoiding undue interference with the right to peaceful protest.
The organization further recommends the abolition of administrative detention for violations of assembly laws and a significant reduction in fines, particularly in cases involving minors.
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