Safeguarding Civil Society in Politically Complex Environments David

Safeguarding Civil Society in Politically Complex Environments David Moore International Center for Not-for-Profit Law

Civil Society Under Threat n n n Regulatory backlash against NGOs Restrictive regulations introduced in 20+ countries since 2005 Global trend • Africa: Eritrea, Sudan, Tanzania, Zambia, Zimbabwe • Asia: China, Vietnam, Malaysia, Nepal • NIS: Belarus, Kazakhstan, Russia, Uzbekistan • Middle East: Iraq, Egypt, Jordan • Latin America: Venezuela Copyright 2007. ICNL. All Rights Reserved.

Politically Complex (Challenging or Hostile) Environments n n n Closed or command economy Autocratic leadership Political dissension in country Concerns about religious fundamentalism History of human rights abuses Concerned about foreign influence Copyright 2007. ICNL. All Rights Reserved.

Legal Barriers 1) 2) 3) 4) 5) Barriers Barriers to to to Entry Operational Activity Speech / Advocacy Contact / Cooperation Resources Copyright 2007. ICNL. All Rights Reserved.

Barriers to Entry: Unregistered Groups n Prohibition a/g Unregistered Groups • Kazakh Law on National Security: Illegal to manage, participate, fund informal groups • Uzbek Administrative Code: Illegal to participate in activity of unregistered organization Copyright 2007. ICNL. All Rights Reserved.

Barriers to Entry: Legal Recognition n Restrictions on Founders • 500 required in Turkmenistan n n Excessive time delays Overbroad grounds for denial: • Rainbow House “undermines sovereignty and territorial integrity of the Russian Federation in view of reduction of population. ” n Re-registration requirements Copyright 2007. ICNL. All Rights Reserved.

Barriers to Entry: International Organizations Restrictions on Foreign Offices n Impossibility: Turkmenistan, Uzbekistan n Discretion: Russia: threat to “unique character, cultural heritage, or national interests of the Russian Federation” n Conditions: Jordan: Subject to “any conditions and restrictions which [the Minister of Social Development] imposes” Copyright 2007. ICNL. All Rights Reserved.

Barriers to Operational Activity n Prohibited Activities (vagueness) • Laws prohibiting participation in “political” or “extremist” activity n Invasive Supervisory Oversight • Russia: Government authority to attend NGO events and meetings • Uzbekistan: requirement to coordinate event planning with Govt n Government Harassment • Belarus: warnings issued to 800 NGOs in 2004 alone Copyright 2007. ICNL. All Rights Reserved.

Barriers to Operational Activity n Use of Criminal Sanctions • Imprisonment for minor violations of law n Termination and Dissolution • Russia: Threatened closure for failure to comply with burdensome reporting rules • Kazakhstan: failure to notify of an “event” n Failure to Protect Russia: Failure of gov’t to respond to intimidation and physical attacks against NGO representatives by radical national groups, thereby creating an atmosphere of impunity. Copyright 2007. ICNL. All Rights Reserved.

Barriers to Speech and Advocacy n n n Prior restraints and censorship Defamation laws Vague restrictions on advocacy • Russia: prohibits advocacy of “extreme” political positions Copyright 2007. ICNL. All Rights Reserved.

Barriers to Speech, Advocacy n Criminalization of Dissent • Belarus: Illegal to provide “dishonest” information about the political, economic, or social situation of the country n Restrictions on Freedom of Assembly • The Law on Demonstrations in Russia requires government permission for any assembly, mass meeting, demonstration, procession or vigil, occurring at any place and time, which involve more than ten people for non-private purposes. Copyright 2007. ICNL. All Rights Reserved.

Barriers to Contact / Cooperation n Prohibitions against int’l contact • Int’l experts denied entry • Travel bans on government critics n Advance government permission • Turkey: ministry permission required to receive information from international NGO or network Copyright 2007. ICNL. All Rights Reserved.

Barriers to Contact / Cooperation n Criminal Sanctions: Arrest • Russia: Local NGO members arrested for having tea with 2 German students n Termination of Organization • Uzbekistan: international NGOs closed due to “close cooperation and providing assistance to activists of non-registered public associations” Copyright 2007. ICNL. All Rights Reserved.

Barriers to Resources n Prohibitions against funding • Eritrea: No funding from UN or bilateral agencies. n n Government permission required to receive foreign funding Required routing through governmentcontrolled banks • Used to obstruct 80% of foreign transfers n Taxation on foreign aid (Belarus) Copyright 2007. ICNL. All Rights Reserved.

Envisioning a Strategy to Respond n Early Warning System • To predict and preempt introduction and/or application of legal barriers n Safeguarding Civil Society: IJNL • Strategies to protect civil society in politically challenging environments n Training / Education • To share strategies among civil society activists Copyright 2007. ICNL. All Rights Reserved.

Envisioning a Strategy to Respond n International Principles Project • World Movement for Democracy • Articulate principles to protect civil society, human rights defenders and democracy promoters n Transatlantic discussion and dialogue Copyright 2007. ICNL. All Rights Reserved.