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