Safeguarding Civil Society in Politically Complex Environments David Moore International Center for...

Safeguarding Civil Society Safeguarding Civil Society in Politically Complex in Politically Complex

EnvironmentsEnvironments

David MooreDavid MooreInternational Center for Not-for-Profit Law International Center for Not-for-Profit Law

Copyright 2007. ICNL. All Rights Copyright 2007. ICNL. All Rights Reserved.Reserved.

Civil Society Under ThreatCivil Society Under Threat

Regulatory backlash against NGOsRegulatory backlash against NGOs Restrictive regulations introduced in 20+ Restrictive regulations introduced in 20+

countries since 2005countries since 2005 Global trendGlobal trend

• Africa: Eritrea, Sudan, Tanzania, Zambia, Africa: Eritrea, Sudan, Tanzania, Zambia, ZimbabweZimbabwe

• Asia: China, Vietnam, Malaysia, NepalAsia: China, Vietnam, Malaysia, Nepal• NIS: Belarus, Kazakhstan, Russia, UzbekistanNIS: Belarus, Kazakhstan, Russia, Uzbekistan• Middle East: Iraq, Egypt, JordanMiddle East: Iraq, Egypt, Jordan• Latin America: VenezuelaLatin America: Venezuela


Politically Complex (Challenging or Politically Complex (Challenging or Hostile) EnvironmentsHostile) Environments

Closed or command economyClosed or command economy Autocratic leadershipAutocratic leadership Political dissension in countryPolitical dissension in country Concerns about religious Concerns about religious

fundamentalismfundamentalism History of human rights abusesHistory of human rights abuses Concerned about foreign influenceConcerned about foreign influence


Legal BarriersLegal Barriers

1) Barriers to Entry1) Barriers to Entry

2) Barriers to Operational Activity 2) Barriers to Operational Activity

3) Barriers to Speech / Advocacy3) Barriers to Speech / Advocacy

4) Barriers to Contact / Cooperation4) Barriers to Contact / Cooperation

5) Barriers to Resources5) Barriers to Resources


Barriers to Entry:Barriers to Entry:Unregistered GroupsUnregistered Groups

Prohibition a/g Unregistered GroupsProhibition a/g Unregistered Groups• Kazakh Law on National Security: Kazakh Law on National Security: Illegal Illegal

to manage, participate, fund informal to manage, participate, fund informal groupsgroups

• Uzbek Administrative Code: Uzbek Administrative Code: Illegal to Illegal to participate in activity of unregistered participate in activity of unregistered organizationorganization


Barriers to Entry: Legal RecognitionBarriers to Entry: Legal Recognition

Restrictions on Founders Restrictions on Founders • 500 required in Turkmenistan500 required in Turkmenistan

Excessive time delaysExcessive time delays Overbroad grounds for denial:Overbroad grounds for denial:

• Rainbow House “undermines sovereignty Rainbow House “undermines sovereignty and territorial integrity of the Russian and territorial integrity of the Russian Federation in view of reduction of Federation in view of reduction of population.”population.”

Re-registration requirementsRe-registration requirements


Barriers to Entry: Barriers to Entry: International OrganizationsInternational Organizations

Restrictions on Foreign OfficesRestrictions on Foreign Offices Impossibility: Turkmenistan, Impossibility: Turkmenistan,

UzbekistanUzbekistan Discretion: Russia: Discretion: Russia: threat to “unique threat to “unique

character, cultural heritage, or national interests character, cultural heritage, or national interests of the Russian Federation”of the Russian Federation”

Conditions: Jordan: Conditions: Jordan: Subject to “any Subject to “any conditions and restrictions which [the Minister of conditions and restrictions which [the Minister of Social Development] imposes”Social Development] imposes”


Barriers to Operational ActivityBarriers to Operational Activity

Prohibited Activities (vagueness)Prohibited Activities (vagueness)• Laws prohibiting participation in “political” or Laws prohibiting participation in “political” or

“extremist” activity“extremist” activity Invasive Supervisory OversightInvasive Supervisory Oversight

• Russia: Government authority to attend NGO Russia: Government authority to attend NGO events and meetingsevents and meetings

• Uzbekistan: requirement to coordinate event Uzbekistan: requirement to coordinate event planning with Govtplanning with Govt

Government HarassmentGovernment Harassment• Belarus: warnings issued to 800 NGOs in 2004 Belarus: warnings issued to 800 NGOs in 2004

alonealone


Barriers to Operational ActivityBarriers to Operational Activity

Use of Criminal SanctionsUse of Criminal Sanctions• Imprisonment for minor violations of lawImprisonment for minor violations of law

Termination and DissolutionTermination and Dissolution• Russia: Threatened closure for failure to Russia: Threatened closure for failure to

comply with burdensome reporting rulescomply with burdensome reporting rules• Kazakhstan: failure to notify of an “event”Kazakhstan: failure to notify of an “event”

Failure to Protect Failure to Protect Russia: Failure of gov’t to respond to Russia: Failure of gov’t to respond to

intimidation and physical attacks against NGO intimidation and physical attacks against NGO representatives by radical national groups, representatives by radical national groups, thereby creating an atmosphere of impunity.thereby creating an atmosphere of impunity.


Barriers to Speech and AdvocacyBarriers to Speech and Advocacy

Prior restraints and censorship Prior restraints and censorship Defamation lawsDefamation laws Vague restrictions on advocacy Vague restrictions on advocacy

• Russia: Russia: prohibits advocacy of prohibits advocacy of “extreme” political positions“extreme” political positions


Barriers to Speech, AdvocacyBarriers to Speech, Advocacy

Criminalization of DissentCriminalization of Dissent• Belarus: Illegal to provide “dishonest” Belarus: Illegal to provide “dishonest”

information about the political, economic, or information about the political, economic, or social situation of the countrysocial situation of the country

Restrictions on Freedom of AssemblyRestrictions on Freedom of Assembly• The Law on Demonstrations in The Law on Demonstrations in RussiaRussia requires requires

government permission for any assembly, government permission for any assembly, mass meeting, demonstration, procession or mass meeting, demonstration, procession or vigil, occurring at any place and time, which vigil, occurring at any place and time, which involve more than ten people for non-private involve more than ten people for non-private purposes.purposes.


Barriers to Contact / CooperationBarriers to Contact / Cooperation

Prohibitions against int’l contactProhibitions against int’l contact• Int’l experts denied entryInt’l experts denied entry• Travel bans on government criticsTravel bans on government critics

Advance government permissionAdvance government permission• Turkey: ministry permission required to Turkey: ministry permission required to

receive information from international receive information from international NGO or networkNGO or network


Barriers to Contact / CooperationBarriers to Contact / Cooperation

Criminal Sanctions: ArrestCriminal Sanctions: Arrest• Russia: Local NGO members arrested for Russia: Local NGO members arrested for

having tea with 2 German studentshaving tea with 2 German students Termination of OrganizationTermination of Organization

• Uzbekistan: international NGOs closed Uzbekistan: international NGOs closed due to “close cooperation and providing due to “close cooperation and providing assistance to activists of non-registered assistance to activists of non-registered public associations”public associations”


Barriers to ResourcesBarriers to Resources

Prohibitions against fundingProhibitions against funding• Eritrea: No funding from UN or bilateral Eritrea: No funding from UN or bilateral

agencies.agencies. Government permission required to Government permission required to

receive foreign fundingreceive foreign funding Required routing through government-Required routing through government-

controlled banks controlled banks • Used to obstruct 80% of foreign transfersUsed to obstruct 80% of foreign transfers

Taxation on foreign aid (Belarus)Taxation on foreign aid (Belarus)


Envisioning a Strategy to RespondEnvisioning a Strategy to Respond

Early Warning SystemEarly Warning System• To predict and preempt introduction To predict and preempt introduction

and/or application of legal barriersand/or application of legal barriers Safeguarding Civil Society: IJNLSafeguarding Civil Society: IJNL

• Strategies to protect civil society in Strategies to protect civil society in politically challenging environmentspolitically challenging environments

Training / EducationTraining / Education• To share strategies among civil society To share strategies among civil society

activistsactivists


Envisioning a Strategy to RespondEnvisioning a Strategy to Respond

International Principles ProjectInternational Principles Project• World Movement for DemocracyWorld Movement for Democracy• Articulate principles to protect civil Articulate principles to protect civil

society, human rights defenders and society, human rights defenders and democracy promotersdemocracy promoters

Transatlantic discussion and dialogue Transatlantic discussion and dialogue

Safeguarding Civil Society in Politically Complex Environments David Moore International Center for...

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