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

Copyright ICNL. All Rights Reserved. Civil Society Under Threat Regulatory backlash against NGOs Regulatory backlash against NGOs Restrictive regulations introduced in 20+ countries since 2005 Restrictive regulations introduced in 20+ countries since 2005 Global trend Global trend Africa: Eritrea, Sudan, Tanzania, Zambia, ZimbabweAfrica: Eritrea, Sudan, Tanzania, Zambia, Zimbabwe 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

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

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

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

Copyright ICNL. All Rights Reserved. Barriers to Entry: Legal Recognition Restrictions on Founders Restrictions on Founders 500 required in Turkmenistan500 required in Turkmenistan Excessive time delays Excessive time delays Overbroad grounds for denial: Overbroad grounds for denial: Rainbow House “undermines sovereignty and territorial integrity of the Russian Federation in view of reduction of population.”Rainbow House “undermines sovereignty and territorial integrity of the Russian Federation in view of reduction of population.” Re-registration requirements Re-registration requirements

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

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

Copyright ICNL. All Rights Reserved. Barriers to Operational Activity Use of Criminal Sanctions Use of Criminal Sanctions Imprisonment for minor violations of lawImprisonment for minor violations of law Termination and Dissolution Termination and Dissolution Russia: Threatened closure for failure to comply with burdensome reporting rulesRussia: Threatened closure for failure to comply 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 intimidation and physical attacks against NGO representatives by radical national groups, thereby creating an atmosphere of impunity.

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

Copyright ICNL. All Rights Reserved. Barriers to Speech, Advocacy Criminalization of Dissent Criminalization of Dissent Belarus: Illegal to provide “dishonest” information about the political, economic, or social situation of the countryBelarus: Illegal to provide “dishonest” information about the political, economic, or social situation of the country Restrictions on Freedom of Assembly 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.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 ICNL. All Rights Reserved. Barriers to Contact / Cooperation Prohibitions against int’l contact Prohibitions against int’l contact Int’l experts denied entryInt’l experts denied entry Travel bans on government criticsTravel bans on government critics Advance government permission Advance government permission Turkey: ministry permission required to receive information from international NGO or networkTurkey: ministry permission required to receive information from international NGO or network

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

Copyright ICNL. All Rights Reserved. Barriers to Resources Prohibitions against funding Prohibitions against funding Eritrea: No funding from UN or bilateral agencies.Eritrea: No funding from UN or bilateral agencies. Government permission required to receive foreign funding Government permission required to receive foreign funding Required routing through government- controlled banks Required routing through government- 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)

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

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