Intervention by Maria Dahle, HRHF’s Executive Director, to the Supplementary Human Dimension Meeting of Organisation for Security and Cooperation in Europe (OSCE), Vienna (Austria), 17 April 2015.
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Ladies and Gentlemen,
Thank you for inviting the Human Rights House Foundation to this meeting. The Foundation is the secretariat of the Human Rights House Network – which consists of 90 human rights organisations co-located in 18 Human Rights Houses in 13 countries of the OSCE region. This year, the Human Rights House Network is celebrating its 20th Anniversary.
Ladies and Gentlemen,
While the 1990s was the “decade of hope” and adopting new human rights mechanisms was high on the agenda for many OSCE participating States in their transition to democracy – we witnessed thereafter a rather slow and reluctant implementation process in many States.
Today throughout the OSCE region and in particular in certain States like the Russian Federation, Belarus and Azerbaijan, we see a regressive trend, with a downward spiral effect on fundamental freedoms.
Parallel to this, we see an increase in strategic discrimination by authoritarian States towards a selective part of society when it comes to enjoying the right to freedom of association and assembly.
Discrimination against not for profit sector and certain NGOs
Firstly there is discrimination between the for-profit on the one hand and the not-for-profit and non-governmental organisations on the other, by law and in the minds of political leaders. Whilst for-profit activities are welcome in any country, there is a negative assumption towards activities of the not-for-profit sector. The by now famous “foreign agents” legislation does not limit rights of foreign donors to the Russian government or private business, but limits rights of some Russian NGOs to receive such foreign funding.
Towards the not-for-profit and non-governmental organisations, there is a second level of discrimination we see, based on their activities. There is a growing trend in certain participating States to allow discrimination against organisations working on issues authorities could consider as a controversial issue – and not in line with so-called traditional values – or issues threatening the leadership’s political or financial power.
The most targeted organisations are in particular those working on gender issues, women’s rights and sexual minority rights – and organisations monitoring and reporting on corruption, free and fair elections and communicating regularly with international media and intergovernmental organisations. Hence, due to the effective discrimination by States – part of independent civil society implementing their legitimate human rights work, become criminalised and excluded from participating in the development of their society.
The increase of fear is spreading among civil society, creating more self-censorship.
Ladies and gentlemen,
This discriminatory development does not happen over night, or only as an immediate reaction to some political events in a neighbouring State – the discrimination is well planned, wanted and developed step by step. The States are quite sophisticated in their methods – and OSCE participating States should become more sensitive to the early warning signals and hold States accountable bilaterally and via international organisations like OSCE.
One early warning signal is when political leaders like ministers and parliamentarians establish their own civil society organisations, which they run parallel to having their political leadership roles in society. These GONGOS – governmental organised non-governmental organisations take over the space for civil society. GONGOs increase in volume, number and presence both nationally and in international meetings including OSCE. Over time GONGOS are favoured legally (on activities), financially and operationally at home.
These GONGOs are the ones invited to public debates, become members of official committees and working groups on policies and allowed to protest – and by this the political leadership are sitting on both sides of the table. The creation and development of GONGOS should be monitored and reported on by OSCE participating States since these structures are in opposition to a democratic development.
Political leaders in many OSCE participating States slander and hold smear campaigns against prominent independent structures and individuals working on human rights. Gradually the political leaders achieve to create a negative impression of independent civil society that monitor the governments’ human rights work. We see this for example in Belarus, Russian Federation, Azerbaijan, Armenia – and lately also in Hungary and Georgia. These smear campaigns are often a very clear and early indicator of a shift in the environment for independent civil society. Pluralism and welcoming dissenting views in a peaceful manner are prerequisites for building and maintaining democracies and political leaders have an obligation to protect these voices in public – regardless of their disagreeing to the others’ opinions. OSCE participating States should be monitored and held accountable for this behaviour by other OSCE States.
Development of GONGOs and smear campaigns against independent civil society are often followed by reprisal mechanisms, more controls and inspections at organisations’ offices, new regulations on grants and reporting mechanisms – in general an increase in the red tape imposed on independent organisations.
The next steps are regulations and amendments to laws on associations and assemblies limiting access to participate, registration, scope of activities and access to funding. Many States do not shy away from using the court to close down the not-wanted structures and imprison the critical voices on dubious and fabricated charges. We see this grim development among others in Belarus, Russian Federation, Azerbaijan – with the effect that more and more independent structures have to register in and work from exile, numerous human rights lawyers, journalists and defenders are in prison, in hiding or fleeing the country or are self-censoring their work to cope under these very difficult and threatening conditions at home.
Ladies and Gentlemen,
Discrimination in access to funding
A very effective tool to discriminate on freedom of association and assembly is the access to foreign funding. Again, the discrimination on funding is twofold.
The States in the OSCE region that restrict access to funding the most for the not-for-profit sector, and in particular the ones working on issues displeasing the State, these States are paradoxically also often those that enjoy most foreign funding for them selves or for business investments.
There is no reason for which a not-for-profit organisation would have to work under more restrictions in accessing foreign funding than any other institution in the country, be it a private business, State agencies or the State itself.
Discrimination in the access to funding is an important issue if we want to be able, in the OSCE region, to continue to have a professional civil society working independently, transparently and reporting to donors. This is what the OSCE should be standing for.
Ladies and gentlemen,
We further encourage OSCE to undertake a study of discriminatory legislation against the not-for-profit sector, in order to bring legislation in line with international standards in this regard, but also ensure that at least States treat any legal entity the same way when it comes to registration and administrative requirements, disregarding the type of institution we talk about.
On the same note, we also encourage OSCE to strengthen its institutional framework and establish a mandate for a Representative on the Freedoms of Association and Assembly to safeguard the fundamental rights and keep the issue high on the political agenda.
Thank you for your attention and thank you again for having us here today.
