04.08.2003 - Source: Freedom House

Legal basis of NGOs: Georgia’s civic code ("Nations in transit 2003") [#15273],  [ID 4833]

"Georgia’s civic code, passed in 1997, defines two legal forms of noncommercial organizations: foundations and member-based associations. Although organizations may choose not to register, the civil code makes registration fairly simple. The law denies registration to NGOs that call for the violent overthrow of the political regime, violate the sovereignty and territorial integrity of the country, propagate war, or incite hatred on ethnic, regional, religious, or social grounds. Only courts have the right to suspend or ban NGO activities for the above offenses, but so far there have been no such incidents. There is no special tax status for NGOs, but the 1996 Law on Grants exempts revenue from grants from all taxes except income tax. The law does not give Georgian businesses a tax incentive to donate money for charitable purposes. NGOs are obliged to disclose their revenue sources to tax authorities, but only a few make such information public.
Although new organizations are created every year, many cease to exist
after one or several projects. Some never become active at all. According
to the Horizonti Foundation and the International Technical Information Center, there were 3,848 associations in Georgia as of December 2001. By July 2002, the Ministry of Justice, which registers only
foundations, officially recorded 859 such groups (compared to 571 one
year before). Several hundred organizations can be described as quite active. Courts are responsible for registering associations. A stable umbrella association for NGOs does not exist in Georgia, but
many groups are demonstrating an increasing willingness to act in coalitions.
Democracy promotion groups and human rights organizations, for
example, frequently unite in ad hoc or issue-based coalitions. There are
also solid coalitions based on broad sectoral interests in such areas as human
rights, the environment, or women’s rights.
NGO membership for the most part includes younger and more educated
members of society. According to polling data released by the Institute
of Polling and Marketing in December 2001, 94.1 percent of
respondents to a survey said they did not take part in NGO activities.
Nearly 80 percent thought NGO activism was meaningless and would not
lead to any improvement in their lives. Independent media are largely sympathetic to NGOs and use them as their main source for expertise.
Many women are active in or even lead NGOs, and some 60 groups
work specifically on women’s issues. Experts estimate the total number of
active members in these NGOs at 600 to 700, though their formal membership is much higher. The number and activities of ethnic-based community organizations has increased significantly in recent years, particularly in Azeri and Armenian ethnic enclaves. Some 60 groups work in this field, with a total of 400 to 500 active members. The combined formal membership of these groups is reportedly around 50,000. The Public Movement Multinational Georgia includes 27 groups, and its objectives are to encourage minority participation in civic and political life, influence legislation affecting minorities, and protect minority cultures.
The mainstream Georgian Orthodox Church is involved in charitable
work. Through its Lazarus Foundation, it cooperates with the International
Organization of Christian Churches in several regions of Georgia.
International organizations that have religious affiliations, such the United
Methodist Committee on Relief, Caritas, and the Salvation Army, are active
in Georgia as well. However, against the backdrop of increasing religious
intolerance, these agencies are sometimes harassed because of their
alleged hidden agendas to proselytize and convert believers."

Document(s): Open document