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

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