战略与国际研究中心-An-Overview-of-Global-Initiatives-on-Countering-Closing-Space-for-Civil-Society_36页_499kb

Summary of Existing Initiatives to Address Legal Constraints on Foreign Funding of Civil Society

I. Introduction

Since January 2012, over 50 countries have introduced or enacted legal measures that constrain civil society. This trend reflects a broader decline in global freedom and democracy, with 54 countries experiencing a decline in freedom in 2013 alone. The early 2000s saw an era of civic empowerment driven by political, technological, and social changes, but this has since been reversed by a focus on national security and state sovereignty. The concept of "host country ownership" has been misused to justify restrictions on civil society, particularly in the context of aid effectiveness. These constraints have made it harder for civil society organizations (CSOs) to access international funding, affecting their ability to advocate for change, especially for human rights defenders.

In response, various actors including governments, multilateral organizations, and civil society have launched initiatives to defend and promote the legal space for civil society. This document provides an overview of these initiatives and offers recommendations for private donors on how to effectively respond to the increasing legal restrictions on foreign funding.

II. Overview of Existing Initiatives

A. United Nations Initiatives

• Human Rights Council: Addresses human rights issues through Special Rapporteurs, working groups, and the Universal Periodic Review.
• Special Rapporteurs:
  • Special Rapporteur on the rights to freedom of peaceful assembly and of association
  • Special Rapporteur on the right to freedom of opinion and expression
  • Special Rapporteur on the situation of human rights defenders
• Post-2015 Development Agenda:
  • The High-Level Panel on the Post-2015 Development Agenda emphasized the importance of an enabling environment for CSOs.
  • The OWG on Sustainable Development Goals included "freedom of expression, association and peaceful assembly" as part of its focus areas.
  • The UNDG is conducting a second round of consultations on financing and implementation.

B. Global Multilateral Initiatives

• Community of Democracies (CD) Working Group on Enabling and Protecting Civil Society:

  • Aims to counter legal restrictions on civil society through diplomacy, advocacy, and technical assistance.
  • Includes 13 governments, 4 civil society organizations, and 3 advisory bodies.
  • Has successfully contributed to the withdrawal or amendment of restrictive laws in several countries.

• Community of Democracies Regional Dialogues Project:

  • Launched in cooperation with the UN Special Rapporteur on the rights to peaceful assembly and association.
  • Plans regional dialogues to map concerns and identify actions to protect CSOs.

• Lifeline Embattled CSO Defense Fund:

  • Provides emergency financial and advocacy support to CSOs under threat.
  • Funded by 17 governments and two independent foundations.
  • Supports a wide range of CSOs, including human rights organizations and labor unions.

• Extractive Industries Transparency Initiative (EITI):

  • A global coalition promoting transparency in natural resource management.
  • Civil society plays a key role in the EITI process, but the enabling environment for civil society remains a challenge.
  • ICNL and Publish What You Pay (PWYP) have developed a checklist to assess civil society's enabling environment in EITI countries.

• Financial Action Task Force (FATF):

  • Sets anti-money laundering and counter-terrorism financing standards.
  • Recommendation 8 includes problematic provisions that could restrict civil society's access to resources.
  • CSOs and advocacy groups are working to influence FATF's approach to NPOs.

C. Regional Multilateral Initiatives

• African Union / African Commission on Human and Peoples' Rights:

  • The AU promotes democratic principles and human rights, including freedom of association and assembly.
  • The African Commission established a Study Group on Freedoms of Association and Assembly in 2009.
  • The Study Group, supported by ICNL and other organizations, produced a comprehensive report on civil society rights in Africa, adopted in May 2014.

• Organization for Security and Cooperation in Europe (OSCE):

  • The OSCE Office for Democratic Institutions and Human Rights (ODIHR) works on election observation, human rights, and democratic development.
  • Collaborated with the Venice Commission to draft Guidelines on Freedom of Association.
  • These guidelines aim to ensure legislation on civil society is compliant with international standards.

• Venice Commission:

  • Acts as an advisory body on constitutional matters for the Council of Europe.
  • Has been active in Eastern Europe, helping draft laws related to democratic institutions and minority rights.
  • Participates in the drafting of guidelines on civil society freedoms, with ICNL contributing to the section on access to resources.

III. Additional Initiatives

• Charity & Security Network (CSN) and Human Security Collective (HSC):

  • Convene the Transnational Civil Society Working Group to monitor FATF's impact on civil society.
  • Engage with the UN and EU to improve the legal and financial frameworks protecting human rights defenders.

• Open Government Partnership (OGP):

  • Focuses on internal government reforms, such as access to information and transparency.
  • Has raised concerns about shrinking civic space but is still determining its next steps.

• Follow-up to Obama Event:

  • The US Government established an Interagency Policy Committee to support civil society.
  • The Ford Foundation and Open Society Foundation have convened meetings to envision a new paradigm for civil society.
  • USAID and Stanford University are also engaging on related issues.

IV. Key Recommendations

• Engage with multilateral platforms such as the UN, OSCE, and Venice Commission to advocate for legal protections.
• Support civil society through funding and advocacy to counter restrictive laws and promote a rights-based framework.
• Participate in regional dialogues to address the specific challenges faced by CSOs in different parts of the world.
• Monitor and respond to counter-terrorism measures that may be used to justify restrictions on civil society.
• Leverage the post-2015 agenda to ensure civil society's role in development and governance is recognized and protected.