Thinking Democratically: A Comprehensive Approach to Countering and Preventing Shrinking Space
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space is the government in power, possibly in cooperation with other political ac<strong>to</strong>rs. It may also<br />
include seemingly benign legislation on defamation of public officials which ends up undermining<br />
freedom of expression, as in a number of countries in Europe. 30<br />
Administrative measures<br />
“They entered the apartment with shotguns <strong>and</strong> assault rifles. It was quite violent. They pinned us<br />
<strong>to</strong> the ground. It lasted quite a long time. We had no idea why they were there.” These were the<br />
words by a climate activist who was preventatively placed under house arrest by the French police<br />
ahead of the UN Climate Change Conference in Paris. 31 At that time, France was under a state of<br />
emergency that ensued until 2017, following the large-scale terrorist attack in Paris. This meant the<br />
French authorities were allowed <strong>to</strong> take a number of emergency measures which may involve a<br />
derogation from civic rights. 32 A <strong>to</strong>tal of 24 activists were placed under house arrest, demonstrations<br />
were banned all throughout the city, <strong>and</strong> tear gas was used on those protes<strong>to</strong>rs who did not respect<br />
the ban. 33 The politicised implementation of existing laws – such as for instance the state of<br />
emergency in France – is an administrative measure regularly used <strong>to</strong> restrict civic space, alongside<br />
the refusal <strong>to</strong> operationalise laws <strong>and</strong> the usage of vague or old legislation <strong>to</strong> harass CSOs.<br />
Another telling example of this in practice is how the Kenyan government moved the NGO<br />
Coordination Board from one ministry <strong>to</strong> another, <strong>to</strong> circumvent a court order secured by CSOs<br />
compelling the minister <strong>to</strong> gazette the Public Benefits Organisation Act. The government thereby<br />
avoided operationalising the law <strong>and</strong> enabled a different ministry <strong>to</strong> suspend the activities of over<br />
500 CSOs for allegedly failing <strong>to</strong> comply with regulations. One of the organisations whose activities<br />
were suspended was the International Foundation for Elec<strong>to</strong>ral Systems (IFES), who were undertaking<br />
a major elec<strong>to</strong>ral assistance programme in the run-up <strong>to</strong> the 2017 elections.<br />
Similarly, some German NGOs have lost, or risk losing their recognition of acting in the “general<br />
interest” – <strong>and</strong> thereby their belonging <strong>to</strong> a special tax category for CSOs – because they are<br />
considered <strong>to</strong> be <strong>to</strong>o “political.” As remarked by the German Marshall Fund, “If organizations lose<br />
their recognition of general interest because they are judged <strong>to</strong> be “political,” this puts the entire<br />
definition of what “general interest” is at stake.” 34 In Romania, a European directive on anti-money<br />
30<br />
EU Agency for Fundamental Rights (2018): Challenges facing civil society working on human rights in the EU. Available<br />
here.<br />
31<br />
France 24, 29/11/2015: France places climate activists under house arrest during Paris summit. Available here.<br />
32<br />
Council of Europe Secretary General (2020): Secretary General tells UN Human Rights Council: “You can rely on our<br />
support.” Available here.<br />
33<br />
France 24 (2015): Climate protesters clash with police in Paris. Available here.<br />
34<br />
Bouchet, N. & Wachsmann, I. (2019): A matter of precaution – watching the shrinking civic space in Western Europe. For<br />
German Marshall Fund – United States. Available here.<br />
16