Thinking Democratically: A Comprehensive Approach to Countering and Preventing Shrinking Space

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