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

2. 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
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3. 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
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Legal Barriers
Prohibition of informal association (mandatory registration)
Barriers to establishing NGOs (restrictions against foreigners)
Barriers to registration
Re-registration requirements
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Legal Barriers
Barriers to foreign funding of NGOs
Restrictions on speech and advocacy
Stringent supervisory oversight and control
Discretionary suspension and termination
Criminal sanctions
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6. 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
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7. 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
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8. 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
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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)
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10. 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
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11. 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
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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
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13. 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)
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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
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15. 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
Thank you
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