Thinking Democratically: A Comprehensive Approach to Countering and Preventing Shrinking Space
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the abduction <strong>and</strong> disappearance of journalist Itai Dzamara in 2015 was more than a singular case,<br />
as it sent a strong signal <strong>to</strong> other journalists <strong>and</strong> activists.<br />
While Zimbabwe does not formally suffer from high barriers <strong>to</strong> political participation, in practice only<br />
the ruling party <strong>and</strong> the main opposition party matter in elections. Over 100 political parties<br />
competed in the 2018 elections, with very few participation requirements. However, most of the key<br />
elec<strong>to</strong>ral reforms set out in the new constitution have yet <strong>to</strong> be adopted in a reform of elec<strong>to</strong>ral <strong>and</strong><br />
party law. This is actively countered by the ruling party, who benefit from the old legislative<br />
framework, including for instance the functioning of the Zimbabwe Elec<strong>to</strong>ral Commission <strong>and</strong><br />
elec<strong>to</strong>ral rules. A major determining fac<strong>to</strong>r is the extraordinary level of state capture. The ruling<br />
party abused state resources through the politicisation of food aid, vote buying, millions of euros of<br />
domestic debt, <strong>and</strong> intimidation. This makes the opposition parties – particularly the major opposition<br />
party – heavily reliant on those individuals funding the party. Such an imbalance in resources<br />
contributes <strong>to</strong> an unlevel playing field, <strong>and</strong> the weaker structures <strong>and</strong> capacity of opposition parties.<br />
A more ambiguous tactic for closing democratic space is the undermining of the rule of law.<br />
Interestingly, there are unexpected bouts of independence in the judiciary in Zimbabwe. Specific<br />
judges have at times unexpectedly upheld constitutionalism <strong>and</strong> fundamental freedoms, for instance<br />
in the recent case of the Vice President’s divorce. However, political mingling can lead <strong>to</strong> changes<br />
in judges, which eventually lead <strong>to</strong> partial judgements. Likewise, important cases such as those<br />
related <strong>to</strong> elec<strong>to</strong>ral results end up in the h<strong>and</strong>s of pro-government judges. The ruling party also<br />
actively lengthens procedures in court cases against activists for as long as possible. For instance,<br />
following public protests in January 2019, a large number of civil society <strong>and</strong> opposition activists<br />
were charged with subversion of the government or treason, which carries a sentence of 20 years in<br />
jail. Most of these activists are not convicted, but the lengthy <strong>and</strong> burdensome process is used <strong>to</strong><br />
repress activists <strong>and</strong> instill fear. The military, on the other h<strong>and</strong>, goes unpunished for human rights<br />
abuses in the repression of protests.<br />
6.8 Europe<br />
While in Europe, overall levels of democratic space have been higher than in other regions in the<br />
world, many countries have seen severe regressions in similar ways as witnessed in the case studies<br />
above. This is not only limited <strong>to</strong> younger democracies in Europe, but also older established<br />
democracies like France.<br />
The clearest pronunciations of closing democratic space have been restrictions on civic space <strong>and</strong><br />
pressure on the independence of the judiciary. Restrictions on civil society organisations through<br />
NGO laws <strong>and</strong> the politicised usage of tax provisions <strong>and</strong> administrative regulations have restricted<br />
freedom of assembly. In Germany, this resulted in certain NGOs losing their recognition as an NGO,<br />
<strong>and</strong> in France the state of emergency regarding the terrorist attacks in 2015 was used <strong>to</strong> prohibit<br />
climate protests. Academic freedom <strong>and</strong> media pluralism have been a target in Hungary, while in<br />
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