According to Freedom House, global freedom has declined for 18 consecutive years. Seventy-one percent of the world’s population – 5.7 billion people – live in autocracies. Some say the world is witnessing a “democratic recession,” but many countries have already entered a new phase: the Great Repression, Douglas Rutzen, President and CEO, of the International Center for Not-for-Profit Law declared during the Committee Hearing of Anti-NGO Laws and Other Tools of Democratic Repression. A representative of Georgia’s civic society said U.S. sanctions should target individuals undermining democracy and serving Russian interests, not the people of Georgia, whom America supports. “Autocrats fear the loss of control, and this ensures opposing ideas are neither seen nor heard. The United States must do more to combat this trend”, U.S. Senator Jim Risch said.
As a tool of repression, governments are enacting legislation to restrict civil society, including human rights groups, development organizations, religious organizations, and chambers of commerce. In doing so, governments undermine freedom, peace, and prosperity, Douglas Rutzen, President and CEO, of the International Center for Not-for-Profit Law said.
According to ICNL data, 72 countries have introduced more than 270 legal initiatives restricting civil society over the past five years. Governments are converting the rule of law into the rule by law. They are using legislation to consolidate power, control civil society, and constrain civic freedom.
Global Trends
Lifecycle Legislation
Thirty-three percent of recent restrictions undermine the right of people to form and operate a civil society organization (“CSO”). Combined with preexisting laws, governments have erected significant legal barriers to enter civic space. For example:
• In Belarus, organizing or participating in the activities of an unregistered association is a criminal offense subject to imprisonment.
• In Eritrea, a citizen seeking to establish a relief organization must have access to $1 million, which is more than the average Eritrean will earn in her entire lifetime.
• In Afghanistan, the Ministry of Economy issued a ban on female employees of domestic and international CSOs.
• Last month, the National Assembly of Venezuela passed a law that gives the government almost unbridled discretion over which CSOs can register and subjects registered organizations to strict government control.
• At the same time, the Nicaraguan government revoked the legal status of more than 1,500 nonprofits, including hundreds of religious organizations, the American Chamber of Commerce of Nicaragua, and human rights groups.
Access to International Solidarity and Support
Governments are restricting the right of civil society to receive funding from domestic and international sources. Instead of defending civil society, they are defunding civil society, undermining fundamental freedoms and property rights. For example:
• In Niger, development CSOs must obtain government approval to receive donations, including from local citizens and businesses.
• In Saudi Arabia, a CSO must have the government’s permission to organize domestic fundraising events, even a gala dinner.
• In Egypt and many other countries, the government has broad discretion to determine whether a CSO can receive international funding.
• Eighteen countries, including Georgia, have introduced foreign influence registration laws. Many of these laws have overbroad and vague provisions, enabling governments to stigmatize, burden, and isolate civil society.
“Progressing with the MEGOBARI Act and the Georgian People’s Act could have a strong positive impact”, Eka Gigauri of Transparency International Georgia said during the Committee Hearing of Anti-NGO Laws and Other Tools of Democratic Repression.
Bipartisan bill MEGOBARI Act (Enhancing and Mobilizing Georgia’s Accountability, Resilience, and Independence) is initiated by the Chairman of the US House Helsinki Commission and Congressman Joe Wilson (South Carolina) and Congressmen Steve Cohen (Tennessee), Richard Hudson (North Carolina), Mark Weiss (Texas). The document states that within 60 days of its implementation, the State Department must identify key figures in the Georgian government, who either work for it, and/or influence the government’s actions and bear responsibility for harming democracy, human rights, and national security.
“U.S. sanctions should target individuals undermining democracy and serving Russian interests, not the people of Georgia, whom America supports”, Gigauri told the audience.
Act provides for further US assistance, including: negotiating a more favorable trade agreement with Georgia, expansion of people-to-people exchanges and simplification of the visa regime; development of economic and modernization package; Providing security and defense support to counter Russian aggression.
Gigauri talked about the negative circumstances related to the enforcement of so-called Russian Law in Georgia.
“The repressive measures embedded in this law include Stigmatizing NGO members and activists as Foreign Agents, which for Georgians carries a deep historical and emotional weight. There are practically no families in Georgia without at least one ancestor persecuted in the early Soviet era, accused of being an ‘Agent’ or a ‘Spy’ of a foreign power. These labels are not just derogatory and insulting – they are a betrayal of our ancestors’ memory, carrying with them the unmistakable mark of Russian repression.
A series of heavy financial fines followed by the seizure of organizational assets of representatives who refuse to register as Agents of Foreign Powers or fail to provide any information requested at the discretion of the authorities.
A mandatory legal obligation for NGO representatives and affiliated persons or entities to provide any information, including records, communications, personal data, data on mental health and sexual life, information protected by non-disclosure agreements with third parties, finances, and more—all subject to disclosure. Refusal to comply can result in penalties or the freezing of financial assets”.
“The tool of choice for authoritarians these days is anti-nongovernmental organization laws, also referred to as foreign agent laws. These ‘laws’ claim to stop foreign influence, but in reality are used to close the space for civil society and opposition. Autocrats fear the loss of control, and this ensures opposing ideas are neither seen nor heard”, U.S. Senator Jim Risch (R-Idaho), ranking member of the Senate Foreign Relations Committee said.
“It should not surprise anyone that the model anti-NGO law was first designed by Vladimir Putin. Russia’s anti-NGO law has been used as a model since then across the world, in repressive places.
“In nations like Azerbaijan and Belarus, dictators have used lawfare to consolidate control and close the space that once existed for small amounts of free speech. ‘Laws’ that criminalize government watchdogs and champions of democracy are used to crush dissent and shield corrupt officials from scrutiny.
“In places like Sudan and Syria, both formal and informal restrictions are used by malign actors to control what, when, where, and to whom life-saving aid can be delivered. This weaponization of restrictions against legitimate NGOs undermines U.S. values and interests.
“I am particularly concerned about our friends in Georgia. Despite clear statements from the EU that passing laws to restrict NGO activities will halt EU membership, Georgia’s government has persisted. I am glad the U.S. has undertaken a review of our policies toward Georgia and am supportive of the current pause in assistance.
“Senator Shaheen and I were pleased to go to Georgia in 2012 as we watched the first real free and fair election. I think both of use were very pleased with what happened and the way it was initially received. Since then, our confidence and our view – at least mine – has been disappointment. That’s probably an understatement given the backwards movement from what the Georgian people had been blessed with, and that was freedom from the Russian bear. We hope as we go forward, things turn around in Georgia.
“Hungary has also made several attempts to advance anti-NGO legislation and Slovakia has an active proposal that would require NGOs that receive funding from abroad to label themselves ‘organisations with foreign support.’ The EU has warned that it will take legal action and launch infringement procedures against Slovakia if it does so.
“The United States must do more to combat this trend”, U.S. Senator Jim Risch said.
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