This study examines the legal frameworks and political space for non-governmental organisations (NGOs) to operate in selected countries in order to suggest appropriate approaches for supporting civil society in difficult political contexts.
The study is motivated by growing concern over the ability of civil society to fulfil its core functions, especially in the areas of governance and human rights. The past decade has seen diverse trends; new spaces and enabling environments have opened up for civil society in some contexts, but shrunk in other contexts. Civil society actors have increasingly been recognised as significant actors in global processes. For example, the Busan Partnership for Development Effectiveness stresses the need for enabling environments to be created for civil society organisations (CSOs). At the same time, civil society freedoms have been restricted in a number of countries by new legal initiatives. This tendency has been justified partly by the post-2001security agenda, and partly by the interests of repressive regimes.
The research examines the context in 12 countries. Phase I, published in July 2013, looked at Bangladesh, Ethiopia, Honduras, Kyrgyzstan,Serbia, and Uganda. Phase II, published today, looks at Egypt, Kosovo, Myanmar, Peru, Rwanda, and Vietnam.
Key findings:
- The study finds that overall, operating contexts are becoming more challenging, especially for organisations and individuals working on more sensitive issues such as human rights. However, the research finds that globally, a strong rhetoric about enabling space for civil society is emerging. In some countries such as Kosovo, this discourse is trickling down to the national level, resulting in positive improvements in legislation.
- Good legal frameworks are crucial to creating an enabling operating environment, but these can be abused. The absence of a clear framework creates an insecure and unpredictable environment. Outdated and complex frameworks are liable to misuse and misinterpretation. Restrictive legislation curtails the functions and activities of NGOs.
- Although service delivery is accepted and often encouraged, work on more politically sensitive issues such as human rights (particularly lesbian, gay, bisexual and transgender rights), governance, advocacy, and ethnic or religious minority issues tends to be subject to greater legal or practical restrictions.
- A blurred line between political activism and the social justice work of many NGOs creates tensions with state authorities. Spaces for NGOs to participate in policy making exist in most countries, although this is often controlled. Engagement with local authorities at the sub-national level can offer an avenue for constructive and productive dialogue.
- A large or growing number of NGOs does not equate to a vibrant civil society; the quantity of NGOs can be at odds with the ability of civil society to fulfil key roles. A sound understanding of the history of civil society is crucial to assess the space for NGOs to operate.
- Aid withdrawal resulting from positive economic performance or post-crisis transition has a significant effect on many NGOs. External aid provides crucial support but can also be counter-productive if it creates dependency or crowds out local civil society organisations.
- Windows of opportunity exist even in restrictive environments, which can be used by international and local civil society organisations to nurture social progress and citizenship.
- Improvements are far from universal. Civil society organisations in many countries face an insecure and unpredictable environment. However, our research has found that even in the most complex and restrictive environments, important spaces for engagement exist, which many of the global-level analyses do not pick up.
