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

A. Civic space is under attack through three types of measures that undermine the right to freedom
of association, assembly, expression and press of citizens, civil society and media actors.
Þ Legislative measures target the legal framework for CSOs and thereby restrict CSOs’ ability
to operate through administrative requirements, CSOs’ access to funding, their thematic
focus, or silence specific voices that are deemed unacceptable. Legislative restrictions
restrictions limiting freedom of expression and press include licensing rules and laws
criminalising the distribution of certain types of content.
Þ Administrative measures include the politicised implementation of existing laws, the refusal
to operationalise certain laws, and the usage of vague or old legislation to harass CSOs.
Þ Extra-legal measures include violence, intimidation, trumped-up charges against activists
and journalists, reductions in public funding and rhetorical attacks to undermine the
legitimacy of civil society.
B. The political playing field is often being tilted in favour of the incumbent or specific interest
groups, thereby making meaningful contestation in elections and participation in policy-making
exceedingly difficult for opposition parties and civil society groups.
Þ The abuse of state resources and institutions by the political players in power includes the
usage of the state’s financial resources for the ruling party’s electoral gain, as well as the
pressuring of other state institutions and governmental bodies - in particular the electoral
management body - to tip the balance in the ruling party’s favour.
Þ The reform of electoral and party law often entails the creation of high barriers to entry,
either through registration requirements or the electoral threshold. It may also take the form
of the purposeful obstruction of reform in favour of a small political elite.
Þ Through excessive campaign finance and money in politics, the political playing field is being
tilted in favour of particular political parties, business elites and even criminal interests.
C. The rule of law is often attacked in a way that undermines democratic institutions and
accountability mechanisms, and thereby disarms pro-democracy actors from the ability to counter
attacks on civic space and the political playing field.
Þ Attacking the independence of the judiciary is one of the primary strategies to undermine
democratic institutions, often through the appointment and dismissal of judges in key
positions, or pressure on independent institutions such as anti-corruption bodies.
Þ Impunity for human rights violations and crimes against human rights defenders, journalists,
civil society leaders and other public figures is often upheld both as a strategy and a symptom
of a weak or partial judiciary.
Þ Failing to uphold the rule of law has a major chilling effect on critical and dissenting voices’
ability to speak out and hold the government accountable.
42