The development of civil society is a critical process for the democratization of countries in Eastern Europe, the Caucasus and Central Asia (EECCA). In recent years, we have seen a tightening of legislation under the pretext of financial transparency of non-governmental organizations (NGOs) and media organizations. These developments have already had a serious impact on civil society, freedom of speech and democratic processes, provoking international concern and protests.
Civil society in the EECCA region has always been under the close attention of the authorities and has had virtually no stability in its work. Russia became one of the first states to successfully begin the hunt for so-called “foreign agents,” passing a federal law in 2012 to combat foreign funding of “political activities” of NGOs.
The law on “foreign agents” in Russia has affected more than 400 organizations and individuals over the 10 years, and this list continues to grow. The impact of such legislation is felt not only by the NGOs themselves, but also by the residents of the countries. The first NGOs under attack were the ones involved in building democracy, protecting human rights, and protecting the environment, so the side effects directly affected residents of cities and communities whose interests were being protected.
Several other states, including Azerbaijan, Kyrgyzstan, Kazakhstan, Tajikistan, Belarus and others copied the text of the Russian law on foreign agents practically without changes. The government of Georgia now took their turn, and immediately encountered enormous opposition from its own population.
Belarus – since the post-election period of 2020, losses in the public sector of Belarus have already amounted to at least 1,601 institutionalized forms of non-profit organizations (public associations, trade unions, political parties, foundations, non-governmental institutions, associations, religious organizations). The situation regarding freedom of association and the position of Belarusian NGOs in Belarus remains poor. Facts of searches, detentions, interrogations, initiation of administrative and criminal cases, and the use of legislation on countering extremism as a tool of pressure on NGOs and activists are also recorded.
Tajikistan – An analysis conducted by the Tajik independent news site Asia Plus in August 2023 showed that for the period covering all of 2022 and the first half of 2023, the number of liquidated NGOs exceeded the number of registered ones – 711 to 217.
Uzbekistan – On June 16, 2022, the government of Uzbekistan adopted a decree regulating the implementation of NGO projects receiving foreign funding. Since then, Uzbek NGOs receiving any foreign funding are required to involve government officials, referred to in the decree as “national partners,” recommended to them by the Ministry of Justice.
Kazakhstan – On September 20, 2023 the State Revenue Committee of the Ministry of Finance of Kazakhstan published “a register of persons receiving money or property from foreign states, international and foreign organizations, foreigners and stateless persons.” It included 240 individuals and legal entities, including human rights, environmental organizations, public foundations and even individual journalists.
Azerbaijan – To receive grants, NGOs must register with the Azerbaijani government, and the Ministry of Finance must approve their activities. These rules, although they do not classify NGOs as “foreign agents,” impose significant restrictions on their activities and sources of funding.
Kyrgyzstan – At the beginning of April 2024, the President of Kyrgyzstan Sadyr Japarov signed a law on NGOs or so-called “foreign representatives”. The law caused a lot of controversy in society and Parliament as it was copied from the Russian law on foreign agents and violates the country’s Constitution. Previously, international organizations, civil activists of Kyrgyzstan, as well as the European Union and embassies of other countries called on the president not to sign the document, as it threatens the ability of NGOs to act freely, contradicts international norms and jeopardizes the ability of international organizations to provide assistance aimed at improving life citizens and residents of Kyrgyzstan. Currently 397 NGOs are actively working in the country contributing around 0.3% to GDP – on par with the hotel business. About 17 thousand people are involved in this sector (including external experts and volunteers), the same number of jobs as in the civil service. Every year, NGOs contribute about $3.4 million in taxes to the country’s budget.
Georgia – in April 2024, the ruling Party again introduced the bill on foreign agents, changing only the name. A year ago, the bill caused mass protests from Georgian citizens and was withdrawn with a promise never to return to it. According to the bill, NGOs and media with more than 20% foreign funding are required to declare themselves to the Ministry of Justice and apply for the status of an entity with foreign influence. Organizations that fail to comply with the law may be fined up to $9,000. After registration in the list, the Ministry of Justice will be able to conduct an audit of the organization and gain access to information of individuals. At this stage, the bill has already passed its first reading in parliament and has caused protests of civil society throughout the country. Most of the opposition, representatives of civil society, the media, as well as representatives of European countries strictly condemned the return of this bill.
In the context of the climate crisis and the need for active participation of civil society in shaping climate policy, restrictions on democratic freedoms negatively affect the ability of EECCA countries to adapt to upcoming disasters. Effective response to climate change and participation of the population in solving these challenges are possible only in conditions of strong democracy.
According to the UN International Covenant on Civil and Political Rights of 1976, all EECCA countries are obliged to respect the civil and political rights of people, including the right to life, freedom of religion, freedom of speech, freedom of assembly, voting rights, rights to due process, and fair trial.
NGOs are a necessary element of civil society. They do a lot of work monitoring, advocating and providing direct services to vulnerable populations. In recent decades, NGOs have become increasingly involved in international policy-making processes, where their presence increases the sustainability, democratic legitimacy and effectiveness of decisions made. Without civil society organizations, the international system cannot function.
Climate Action Network in the EECCA region supports environmental organizations in their efforts to engage in democratization processes and the implementation of common goals to combat climate change.
- We call on EECCA governments to abandon laws that undermine their chance for sustainable democratic development and long-term diplomatic relations
- We call on democratic states that are not indifferent to the democratic development of the EECCA countries to express their disagreement with the restrictions on the rights of civil activists
- We call on international foundations and donor organizations to take an active position in protecting the rights and freedoms of civil society in the EECCA region
- We call on international foundations and donor organizations to be open to the requests of civil society in the EECCA region, showing flexibility and understanding
- We call on international civil society organizations to build long-term partnerships with NGOs in the EECCA region, supporting them on the path to democracy and climate justice
Дата публикации позиции: 01.05.2024
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