Ongoing Attacks on Civil Society in the Commonwealth

Civil society can be defined in many ways and can include or exclude different entities, depending on the context. In general, however, it is understood to cover the space between family, the state and the market - and therefore includes non-governmental organisations (NGOs) working in a variety of fields from human rights to health service delivery to environmental protection and beyond, as well as trade unions, faith-based groups, peoples’ movements and loose community groupings.

All these groups have the right to exist and operate in any country around the world, by virtue of internationally-accepted human rights such as freedom of association, assembly and expression. There are, however, very few countries where such freedoms have been fully realised and enjoyed without some infringement. Such restrictions take different forms with differing degrees of severity and the full spectrum is evident in the Commonwealth.

This is despite public recognition of the value of civil society and commitments to working with the sector. The Coolum Declaration of 2002, for instance, talked of the Commonwealth “family” and the “need for stronger links and better two-way communication and coordination between the official and non-governmental Commonwealth”. Again in 2005, in Malta, heads of government “noted the steps taken by the Commonwealth and its institutions to mainstream civil society in all its activities and called for these efforts to be increased."

Yet, despite such announcements, legislation is passed that limits the space for civil society to function, and outright attacks on civil society continue with impunity. In too many countries, legislation that governs the sector has been rushed through parliament without consultation with the very groups that it seeks to regulate nor reference to international or regional good practice. While sinister reasons such as deliberately limiting the work of the sector may not be the motive behind the legislation, this may end up being the result as overly onerous or arbitrary registration or reporting requirements may end up restricting the legitimate work of legitimate organisations. This can then limit the contribution they are able to make, whether to the delivery of health or education services, monitoring of governance activities, counselling or promotion of social inclusion and equality.

Restrictions may exist in different forms. A few of these, and some examples from different Commonwealth countries, are listed below.

Law-based restrictions: the legal framework that governs civil society organisations may place barriers on organisations, such as limiting their ability to register while at the same time also placing severe penalties on individuals working for un-registered entities. In the Maldives, after considerable delays, some independent non-governmental organisations have now been allowed to be formed; however intimidation and restrictions continue. Often the process for the development of the law is flawed, which leads to a sub-standard law. In 2006, the NGO Registration (Amendment) Act in Uganda, for instance, was quickly passed, without genuine parliamentary debate and ignoring virtually all suggestions made by civil society during the previous years of discussions. This law, along with others such as the Sedition Act, is restrictive of the work of civil society groups in the country and limits the space for dissent.

Sometimes laws that relate to other sectors or issues may impact on civil society, for instance anti-terror measures. Terrorism laws in Australia for instance, have been criticised for providing inadequate protection of human rights, particularly due to the lack of constitutional checks and balances that protect the individual and prevent abuse of the system. Some research in 2007 linked this and the environment underpinning it, with the shrinking space for public debate and dissenting opinion that was then evident.

Excessive bureaucratic discretion: when considerable power is vested in the bureaucracy without adequate guidance, decisions may be made arbitrarily or with political motivation. Excessive demands on an organisation can also swallow limited resources and requirements such as re-registration dependent on extensive reporting can lead to self-censorship to improve the chances of re-registration.

Limits on content of work: even those that are able to register may then be restricted as to the kind of work that they can be involved in. An example would be requiring that work be “non-political” without providing a definition, which may cause problems for organisations involved not in partisan politics, but in legitimate activities such as election observing or monitoring of electoral commitments. Limits on publications may be another restriction, which would limit freedom of expression. An example of this relates to an education organisation in Tanzania has faced threats from the government, research restrictions and publication bans. Such censorship violates obligations to allow civil society organisations to work freely without fear of intimidation.

Operational difficulties: these commonly include violations of freedom of movement and assembly, such as limiting travel, either within or outside the country, and banning meetings from occurring without prior permission. In Fiji, activists who spoke out against the 2006 military takeover have been banned from travel, as well as facing arrest and warned to stay quiet. In Kenya, restrictions in 2007 on public demonstrations and criticising the President, and government statements that it will ruthlessly crack down on dissent, reflect a disturbing trend of increasing violations of freedoms of expression and assembly.

Harassment by government agencies: this includes publicly undermining organisations or their leaders or the broader sector, raids and damaging of offices, direct attacks on activists or their families including physical intimidation, attack or even death. Sometimes this includes criminal cases against individuals. In Bangladesh, staff members of civil society organisations have received death threats, other harassment and been arrested. In some cases, harassment and arrests has led to the temporary closure of offices. Another example comes from another corner of the Commonwealth, Jamaica, where civil society activists and organisations working on issues related to sexuality continue to come under often violent attack. Authorities have done little to protect them or investigate the attacks.

Establishing GONGOs: the term “GONGO” is used to describe so-called non-governmental organisations that are actually government-run or controlled. Establishing GONGOs can be a way for governments to claim that they have an existing civil society within a country, but avoiding independent and often critical voices. This can undermine and stifle the genuine civil society within that country.

These are just a few of the ways in which space for civil society in Commonwealth countries has been and continues to be restricted, often in violation of freedoms of expression, assembly and association. These are restricting the valuable contribution to be made by civil society and violate commitments made by Commonwealth members and must be resisted at all levels.

CIVICUS works to support and strengthen civil society around the world. More information at: www.civicus.org.