Safeguarding Civil Society in Politically Complex Environments

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Presentation transcript:

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

Civil Society Under Threat Regulatory backlash against NGOs Restrictive regulations introduced in 20 countries since 2004 Global trend Africa: Eritrea, Sudan, Tanzania, Zambia, Zimbabwe Asia: Bangladesh, East Timor, India, Nepal NIS: Belarus, Kazakhstan, Russia, Transnistria (Moldova), Uzbekistan Middle East: Iraq, Jordan Latin America: Venezuela Copyright 2006. ICNL. All Rights Reserved.

Politically Complex (Challenging or Hostile) Environments Closed or command economy Autocratic leadership Political dissension in country Concerns about religious fundamentalism History of human rights abuses Concerned about foreign influence Copyright 2006. ICNL. All Rights Reserved.

Copyright 2006. ICNL. All Rights Reserved. Legal Barriers Prohibition of informal association (mandatory registration) Barriers to establishing NGOs (restrictions against foreigners) Barriers to registration Re-registration requirements Copyright 2006. ICNL. All Rights Reserved.

Copyright 2006. ICNL. All Rights Reserved. Legal Barriers Barriers to foreign funding of NGOs Restrictions on speech and advocacy Stringent supervisory oversight and control Discretionary suspension and termination Criminal sanctions Copyright 2006. ICNL. All Rights Reserved.

Strategies, Tools, Mechanisms to Protect Civil Society Protective alliances and networks Raising public awareness Advocacy campaigning Direct public action International diplomacy Domestic litigation Human rights mechanisms Legal Triage Copyright 2006. ICNL. All Rights Reserved.

Protective Alliances and Networks: “Change comes through partnership” National networks International networks Regional/international meetings Innovative alliances Peru: National coalition for human rights Guatemala: International accompaniment Burma: Lawyers’ Council in exile Copyright 2006. ICNL. All Rights Reserved.

Raising Public Awareness: “Awareness precedes the assertion of rights” Popular education Rights-based education Training for activists Monitoring and documentation Standard-setting indices Use of Media Use of Internet technologies Copyright 2006. ICNL. All Rights Reserved.

Copyright 2006. ICNL. All Rights Reserved. Advocacy Campaigning Law reform campaigns Albania (Berisha), Slovakia (Meciar), Russian NGO law (2006) Letter writing / petitions Write more and you’ll affect them more. From my experience in government and in prison I can tell you that these letters work. Cyber-activism Blogs, web-based petitions, text messaging against torture Mass mobilization March for Zimbabwe (2005) Copyright 2006. ICNL. All Rights Reserved.

Direct Public Action “It is not power that corrupts but fear” Protest actions: strikes Boycotts Engagement Direct support to victims When journalists are arrested, they and their families need to know that someone is standing ready to support them. Innovative mechanisms Citizen Initiative for Constant Light Copyright 2006. ICNL. All Rights Reserved.

International Diplomacy “International exposure of violations and pressure on violators are effective means to bring about change.” US/European efforts relating to the Russian NGO law Copyright 2006. ICNL. All Rights Reserved.

Copyright 2006. ICNL. All Rights Reserved. Domestic Litigation “Justice is not available on a platter, but has to be fought for” Direct challenge to legislation Kazakhstan: Challenge to NGO laws Strategic impact or test litigation South Africa: Challenge to ‘pass laws’ Political impact litigation Chile: Expose nature of judiciary Copyright 2006. ICNL. All Rights Reserved.

Human Rights Mechanisms National Level Ombudsmen, Truth / HR commissions Regional Level Inter-American Commission and Court on HR African Commission on HR European Court on HR Global International Level: Human Rights Committee (ICCPR) UN Special Representatives (HR defenders) 1503 Procedure (pattern of HR violations) Copyright 2006. ICNL. All Rights Reserved.

Copyright 2006. ICNL. All Rights Reserved. Legal Triage “…victims willing to press charges and lawyers willing to accept their cases” Legal defense to journalists in Zimbabwe Lawyers available within one hour Leal defense fund to pay for lawyers and provide money for release Copyright 2006. ICNL. All Rights Reserved.

Copyright 2006. ICNL. All Rights Reserved. Conclusion Discussion Draft For limited distribution, upon request Comment period until August 15 Final version to be made available soon thereafter E-mail: david@icnl.org.hu Thank you Copyright 2006. ICNL. All Rights Reserved.