enabling environment

• Egypt: Stop the onslaught against civil society

  The undersigned civil society organisations express our serious concern over the recent escalation of restrictions on civil society and the public vilification of human rights defenders in Egypt. We call on the Egyptian authorities to uphold their international obligations and ensure that civil society and human rights defenders can work in a safe and enabling environment without fear of reprisals.

  On 24 May 2017, President Abdel Fatah El Sisi signed a highly restrictive law that provides the government with extraordinary powers over NGOs and stifles the activities of civil society. The bill was approved by Parliament in November 2016 but was put on hold after an outcry by local and international civil society organisations to prevent the President from passing it into law. Law 70 of 2017 severely limits the functioning of civil society organisations and unduly restricts the rights to freedom of expression and association. It introduces hefty fines and prison terms for civil society groups who publish a study or a report without prior approval by the government or engage in activities that do not have a developmental or social focus. These new restrictions make it practically impossible for human rights organisations to carry out their work.

  The law provides unprecedented authority to government bodies to interfere in the day-to-day operations of civil society organisations, including their cooperation with any entities outside of Egypt. Worryingly, the law includes overly broad and vague provisions that could lead to its arbitrary application and targeting legitimate activities. Article 13 of the law broadly prohibits civil society organisations from conducting activities that could be deemed harmful to national security, public order, public morality, or public health. The law further violates the right to freedom of association and criminalises activities considered to be of a “political nature” as well as legislative reform work thereby impeding the important work of independent civil society groups in Egypt.

  In addition, the government has imposed unwarranted restrictions on the right to freedom of expression online and the ability of individuals to communicate freely and seek and receive information. On 25 May, the government blocked 21 websites and accused them of spreading “terrorism and extremism” and “publishing lies". The block was carried out without any legal process or judicial oversight. These websites include Mada Masr - one of the few independent news outlets that carries out investigative journalism.

  On 25 May 2017, more than 10 media outlets published articles and reports as part of a smear campaign against human rights defenders who had travelled to Rome a few days before to participate in a meeting with civil society representatives from other countries. The articles labelled the human rights defenders “traitors,” and urged the Egyptian intelligence service to try them on criminal charges upon their return. This smear campaign is intended to discredit and delegitimise the work of peaceful activists by tarnishing their reputation.

  Human rights defenders continue to be intimidated and harassed by the authorities. On 24 May, human rights activist and Director of the Egypt Programme for the Cairo Institute for Human Rights Studies (CIHRS), Mohamed Zaree, was released on bail of 30,000 EGP (1,650 USD) after being interrogated for several hours by a judge. He was accused of receiving foreign funding for CIHRS, together with other civil society organisations, and for using the funds to promote activities that the authorities perceive to be against national security. He was also accused of tarnishing the reputation of Egypt by preparing human rights reports for the United Nations Human Rights Council.

  Over the past few years, Egyptian authorities banned 24 human rights defenders and NGO staff from traveling abroad, and froze the assets of seven human rights organizations and 10 human rights defenders. These punitive measures have been implemented by an investigative judicial panel appointed to investigate the activities of human rights organizations.

  What is also clear from recent events in Egypt, is that the Egyptian state seems determined to close down the civic space of feminists and women human rights defenders (WHRDs) in particular. The stifling of the activism of Egyptian feminists and WHRDs such as Azza Soliman and Mozn Hassan who work on critical issues of violence against women, the closure of the El Nadeem center, and the travel ban against WHRD, Aida Seif el-Dawla, etc, are typical of the tools normally used against WHRDs under repressive governments.

  We urge the Egyptian authorities to repeal Law 70 of 2017, close the ongoing criminal investigation into the work of human rights groups and ensure a safe and enabling environment in which civil society organisations and human rights defenders can carry out their work without fear of reprisals.

  Signatories

  Andalus Institute for Tolerance and Anti Violence Studies
  Amnesty International
  Article 19
  Association for Freedom of Thought and Expression
  CIVICUS
  EuroMed Rights
  Front Line Defenders
  International Women’s Health Coalition
  Nazra For Feminist Studies
  MENA Women Human Rights Defenders Coalition
  Muslims for Progressive Values, Nederland
  The Tahrir Institute for Middle East Policy
  Transparency International
  Women Human Rights Defenders International Coalition

• GERMANY: ‘Our street blockades hurt society the least and put no one’s life in danger’

  CIVICUS speaks with Zoe Ruge of Last Generation about climate activism and its criminalisation in Germany.

  Last Generation is an international network of climate activists using civil disobedience to urge governments to address the climate emergency, enabling citizen participation and financially supporting the global south as a primary victim of climate change that it hasn’t caused.

  What forms of protest has Last Generation deployed in Germany?

  Last Generation has come to dominate the climate movement in Germany, so its tactics have become the prevailing tactics. The most common form of climate protest in Germany is currently street blockades, and blockades of public infrastructure more generally, because they are efficient at creating a certain level of disruption. A small number of people protesting peacefully is all it takes to generate a wide public reach. Additionally, street blockades are a platform to have talks with politicians and citizens about the climate crisis, do media work and underline our demands.

  Alongside disrupting everyday traffic, we draw attention to the major responsibility of the richest one- to-10 per cent of the population. To target them specifically, we block airports, spray-paint private jets, disrupt big events and bring protests into museums and other public spaces.

  Our street blockades hurt society the least and put no one’s life in danger. We take adequate security measures, for instance to make sure no emergency vehicle gets stuck in traffic. In case of an emergency, we are ready to open the blockade and clear the street.

  We know the kind of civil disobedience tactics we use face criticism, and we constantly reflect on our practices and take all feedback into consideration. We have aimed to choose a protest form that effectively rises awareness and is the least disruptive for people, and we think the street blockade is one such form. It may cause people to get to work half an hour late one day, but it provides a much-needed opportunity to stop people’s everyday routine and encourage them reflect on what we’re doing and where it’s leading us.

  What have been your biggest achievements?

  More people are realising the seriousness of the crisis we’re facing. Street blockades allow us to talk to people who would normally not get involved but are forced to listen and ask questions about our reasons to be there and our demands. Through disruption, we’ve been able to bring a lot of climate-related topics into public discourse, not only through media coverage but also thanks to local, face-to-face conversations. We are seeing rising awareness, which is necessary to deal with the consequences of the climate crisis.

  In terms of policies, one of our demands during the first protest wave was a law similar to the one France has, to save food from going to waste in supermarkets. One third of all food is lost in the production chain, which equates to a lot of preventable CO2 emissions. Such a law is currently being discussed in several federal states.

  In terms of public awareness, when street blockades began about a year ago they attracted 25 to 30 people, and now they bring thousands to the streets in Berlin. Churches are standing behind us and civil society groups are also voicing demands for climate action.

  Overall, we are receiving increasing support from the whole society. We get invitations to discuss the climate crisis with politicians, artists, at schools and with other parts of civil society. In response to the criminalisation we are facing, which has included the freezing of some of our assets, we have also seen a rise in donations from the public.

  What are your demands to the German government?

  What Last Generation demands are pretty simple things that must be done to tackle the consequences of the climate crisis and prevent it escalating. We demand a speed limit of 100 kilometres per hour in Germany, which would bring a reduction of more than 6.7 million tons of CO2 emissions a year, and a permanent €9 (US$9.90) monthly ticket to make public transportation affordable. This was tested last year and was a huge success, as many people shifted from using cars to using public transport – but now it’s quite expensive again.

  Our third demand is the establishment of a citizen assembly as a long-term mechanism for us to deal with the climate crisis as a society and end the use of fossil fuels in a socially just manner by 2030. Since our politicians are not even able or willing to implement a speed limit, we need citizens to be able to help tackle the climate crisis through more direct democratic tools.

  As part of a global movement, Last Generation works in close cooperation with Debt For Climate, a grassroots global south-driven initiative connecting social justice and climate justice struggles with the aim of freeing impoverished countries from a debt burden that is often used as a tool for further natural resource extraction. We support their demand for financial support because they are the primary victims of climate change that they haven’t caused. German politicians tend to argue that the climate catastrophe isn’t happening in Germany, although it is indeed taking place, maybe to a lesser extent. But in other parts of the world people are already dying because of it while more developed countries continue benefiting from their resources.

  How have German authorities reacted to your demands?

  Reactions have varied at different government levels. We’ve had very productive talks with local politicians who have shown openness and understanding. But at the federal level we’ve faced a harsh and criminalising public discourse. Last Generation is being called a criminal group and increasingly treated as such.

  We face accusations that we are hurting the cause of climate protection because our tactics are scaring people away. But it’s not true. The government is just trying to shift the focus from the substance of our demands to the form of our actions and avoiding our questions of why we still don’t have a speed limit and why we still don’t have proper affordable public transportation even though we have the resources for it.

  The fact that our government isn’t willing to act as the climate emergency demands and is instead turning against us is the main challenge that we as climate activists currently face.

  How is the government criminalising climate activism?

  There are between 3,000 and 4,000 cases coming to court soon, mainly connected to street blockades. In Germany, this kind of spontaneous demonstration is protected by law, but once the police intervene and tell you to leave, it’s not so clear whether the assembly continues to be legally protected. There are also accusations of vandalism on the basis that people have damaged walls by spray-painting them.

  A serious accusation being used against climate activists is that of being part of a criminal group. Based on section 129A of the German Criminal Code, when the police start an investigation on these grounds they can listen to your phone calls, read your messages and search your homes. This is weird because Last Generation is so transparent that anything the government would like to know about us – our structures, our funding, our planned protests – is publicly accessible. We have nothing to hide.

  This June, some of us experienced searches of our homes, our website was taken down, our bank accounts were frozen and we had work materials confiscated. Activists are struggling because it’s scary to feel that the police could force their way in, search your entire home and take away whatever they want.

  A friend of mine, Simon Lachner, was recently taken from his home to the police station and kept there for the entire day, just because he had publicly announced a protest scheduled for that afternoon. In Bavaria, people have been repeatedly taken into preventive custody for long periods of time to keep them from protesting. This form of preventing protests is becoming more common.

  What kind of support are you receiving, and what further support would you need to continue your work?

  The criminalisation of peaceful protests organised by people who aren’t trying to hurt anyone but who want to protect lives elicits instant solidarity. Thousands of people have joined Last Generation’s protest marches. Frozen funds have been almost fully replaced by donations pouring in. People contact us to ask how they can play their part in climate activism.

  We’re also part of the A22 international network of climate movements that use civil disobedience tactics, and this also supports us, especially in the face of criminalisation. Other organisations from all around the world are reaching out to us and offering help such as legal support.

  What we need is for everybody to consider their potential role in building a more resilient society. One of the most efficient ways to fulfil our collective responsibility is by exercising our right to protest within a democratic system.

  Civic space in Germany is rated ‘open’ by theCIVICUS Monitor.

  Get in touch with Last Generation through itswebsite orFacebook page, and follow@AufstandLastGen onTwitter.

• Hungary new Bill aims to silence civil society that criticises the state

  CIVICUS speaks to Anita Koncsik of the Hungarian Civil Liberties Union (HCLU) on the recent Bill on transparency of organisations receiving foreign funding. Anita also speaks on the recent massive protests in the country and the general operating environment for civil society. For over two decades, the Hungarian Civil Liberties Union has been active in protecting the rights of citizens against undue interference by those in position of public power.

  1. What are the main concerns of civil society over the draft bill “on transparency of organisations receiving foreign funding” that was presented to the Hungarian Parliament on 7 April?

  First and foremost, the Bill is not necessary at all. NGOs are complying with already existing comprehensive transparency requirements. Act CLXXV of 2011 on the Freedom of Association, on the Non-profit Status and on the Operation and Support of Civil Organizations also known as the Civil Act already regulates which financial statements have to be presented for meeting transparency standards. For example ourselves as the Hungarian Civil Liberties Union we have to create 4 annual reports - including one focusing on donations. While we believe that accountability in both the governmental and non-governmental sphere is important, the new regulation clearly serves other interests. That is the reason why it is embedded into the smear campaign of the government that was initiated 4 years ago against NGOs that dare to take a critical stance against its measures. The very existence of the Bill is an attempt to silence or threaten critical voices. It therefore violates freedom of expression, good reputations and it serves to stigmatise NGOs (therefore is discriminative) and infringes on the privacy of donors as well.

  2. The government says the law is necessary to guard against money laundering and terrorism. How is civil society responding to these concerns and what accountability mechanisms are in place?

  This is a hypocritical argument coming from a government that has allowed several grey zones for financial maneuvers, like stability savings account (which is explicitly state supported money laundering) or the concept of settlement bonds (invented by a minister of the government who himself is known to channel public resources to unidentified offshore brokers without any legitimate reason at all). But apart from the government’s deflective argumentations, there are already accountability mechanisms in place anchored in the aforementioned Civil Act. NGOs that do not receive Hungarian public funds (like HCLU) have to publish an annual financial report, a non-profit report (as an annex to the report deposited at the registering court), and a report on donations.

  Anti-money laundering measures affect mostly the private financial sector in Hungary and these measures are usually the subject of criticism from both of Hungarian and international experts for lacking proper risk assessment of sufficient depth with regard to potential threats, vulnerabilities and their consequences in general. According to the expert group MONEYVAL of Council of Europe, Hungary should conduct a formal review of the entire non-profit organisation (NPO) sector in order to identify NPOs that could potentially pose a higher risk of financing terrorism. But this recommendation puts emphasis on a substantiated review of the sector and if the government concludes that the existing frameworks and measures are not good enough to protect the sector, the newly adopted laws/measures must be proportionate and targeted (but not tailored to target NGOs that criticise government). We are not aware of the occurrence of any such review. The new Bill clearly does not serve anti-money laundering purposes. In addition, if the regulation enters into force, MONEYVAL still can consider the aforementioned recommendation unfulfilled - based on overregulation and discrimination - alongside with other recommendations that the government is not so eager to address such as rectifying shortcomings of the mechanism for verifying the information on beneficial owners of financial institutions. Therefore meeting international standards is not the motive behind the legislation.

  3. What other motivations does civil society believe lie behind the government’s actions?

  This proposal clearly fits into the hostile anti-NGO campaign that was initiated 4 years ago, during which Prime Minister Viktor Orbán denounced human rights NGOs as agents of foreign political interests, endorsed the idea of “illiberal state” and rhetorical attacks were accompanied by a series of administrative checks and criminal investigations. Eventually, all investigations were dropped and none yielded any finding of wrongdoing or irregularities, but - in 2016, after a two and a half year long legal procedure - HCLU shed light on the fact that the government control investigations were ordered by the Prime Minister himself which proves the pure political nature of the audits.

  In the meantime, government propaganda started to portray NGOs that criticise it as a national security risk. MP Szilárd Németh, vice president of the Fidesz and of the Parliament’s National Security Committee announced in September of 2016 in an interview that he requested the national security services to inspect organisations “cooperating with the Soros-network”. The MP stated that he had identified 22 such organisations, and claimed that these organisations openly violate Hungarian and European laws, and participate in politics unlawfully with “black money”. It must be noted that in Hungary secret services can gather information without a judicial warrant when it is related to national security risks, therefore safeguards and independent oversight of the covert information-gathering is missing, which contradicts international law of course.

  After a short break, in December 2016, Prime Minister Orbán announced that in 2017, states would aim to “drive out” from their countries George Soros and also the organisations he supports.

  A month later, Fidesz Vice President Szilárd Németh, one of the MP’s who is currently submitting the Bill, said: “The Soros empire’s fake civil organisations are maintained so that global capital and the world of political correctness can be imposed on national governments. These organisations have to be rolled back with all available tools, and I think they have to be swept out of here.”

  These statements reveal the true aim of the illiberal Hungarian government: the Bill is the latest attempt to stigmatise and silence those who voice critical opinions about public affairs.

  4. Can you tell us about recent mass protests that occurred over the possibility of the closure of the Central European University.

  The adopted and promulgated Bill aimed clearly at undermining operation of Central European University (CEU) in Hungary. The proposal was amending the Act CCIV of 2011 on National Higher Education enacting new requirements for domestic operation that extend beyond already existing accreditation criteria (and the recognition of foreign accreditation). The purpose of the amendment was to enable politics to intrude into education, making the operation of universities subject to these regulations (currently that covers exclusively CEU) depending on political will. Opponents were protesting against unconstitutional restriction on educational and academic freedom and freedom of research, joined by thousands of Hungarians outraged over the latest anti-EU government propaganda campaign in the form of another “national consultation,” (calling on Hungarians to “stop Brussels”). It also has to be noted that as a reaction to the first protests, the government only accelerated the legislative procedure aiming at prohibiting real political discussion about the amendment. During the mass protest other buzzwords emerged, like protest against the illicit closure of the left-wing broadsheet Népszabadság, restrictions on freedom of expression and fighting propaganda of the FIDESZ media empire (including public television channels) and against social exclusion and xenophobia fueled by the government, etc.

  
  5. Can you describe the overall environment for CSOs in Hungary? Do different CSOs experience different attitudes from the state?

  Yes, they do experience different treatment depending on which financial resources they have access to and how critical they dare to be of the government. Besides the blacklisted Soros-network NGOs, there are Hungarian GONGOs, like the Civil Cooperation Forum [Civil Összefogás Fórum (CÖF)] that is the organiser of pro-government “peace rallies” and participated very actively in the electoral campaign of 2014 on the side of the governing parties. CÖF claims to finance the organisation’s operations exclusively through private donations. It is not clear from their reports, though, who these donors are and CÖF has a proven connection to a FIDESZ party Foundation from which it has received tens of millions of forints. Transparency of such organisation, however, is not an issue according to the government.

  Besides, government propaganda created a (false) link between human rights defense and terrorism, since according to the governmental narrative, the refugee phenomenon is the radix malorum of terrorism and there is a vocal group of human rights NGOs that still devote attention to refugee rights and try to help in spite of the current hostile circumstances. These NGOs therefore are face charges of supporting terrorism by increasing the terror threat level of the country.

  6. Given the government’s attitude towards civil society, what support can international and regional groups offer to civil society organisations in the country?

  Opposing the Bill and the threats to fundamental freedoms and CSOs in Hungary, is crucial right now on both an international and a domestic level. We ask our partner organisations to express their views, and also call on their government representatives to convey these concerns to the representatives of the Hungarian government. Besides moral support and creating a pressure on the government, it is equally important to maintain financial security and independence of these organisations, therefore helping with widening the scope of international fundraising is also appreciated. The international community can be the biggest listed donor of these organisations that could be used against government pro bill arguments.
  
   
  • The Hungarian Civil Liberties Union monitors legislation, pursues strategic litigation, conducts public education and launches awareness raising media campaigns. It stands by citizens unable to defend themselves, assisting them in protecting their basic rights. Our lawyers provide free legal aid service in about 2 000 cases per year and this number is increasing.

  Visit the Hungarian Civil Liberties Union Facebook page here or here or on Twitter account @HCLU or @tasz_hu 

  Hungary is rated as obstructed by the CIVICUS Monitor