Operating Space for NGOs in
Fragile Contexts
Findings from a six-country study
Brian Pratt, Angela Crack,
Rachel Hayman and Joan Okitoi
Legal Frameworks and Political Space for
NGOs – an overview of the project
Brian Pratt, INTRAC
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Research commissioned by the German Ministry for Economic Cooperation
and Development
Emerged from concern about restrictive legislation affecting international
NGOs in particular countries
Wider context of contradictions between global political recognition of the
value of civil society and new spaces for different forms of civil society to
operate; and the reality of greater restrictions placed on the freedoms of civil
society in many countries
Common framework used for desk-based study of 6 countries: Bangladesh,
Ethiopia, Honduras, Kyrgyzstan, Serbia and Uganda
Key lines of enquiry: socio-political context in the country; historical
background to NGOs in the country; legal framework regulating NGOs; the
‘real’ operating context including positive and negative spaces;
recommendations.
Presentations draw on four of the country studies, plus overall findings
Legal frameworks that do little to protect:
experiences from Honduras and Serbia
Angela Crack, University of Posrtmouth
Honduras
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One of the poorest countries in Latin America.
Coup d’état, June 2009.
Elections Nov 2009, derided internationally as illegitimate.
There has been a gradual re-militarization of the state, and the
development of a culture of impunity for human rights abusers.
• “[t]he gravity of the situation in Honduras facing human rights
defenders, those in opposition to ruling authorities, trade unionists,
journalists and increasingly land rights advocates cannot be
overstated.” (Center for Constitutional Rights)
• Democratic institutions remain weak, and the independence of the
judiciary is not sufficiently safeguarded.
• Atmosphere of fear and insecurity fuelled by widespread crime.
Honduras
• Civil society lies in religious, labour and peasant
based organisations.
• Politically-oriented NGOs that are primarily
funded by INGOs and European donors have
reported increasing incidences of violence and
intimidation, including death-threats.
• Threat of NGO exodus.
• The most important donors (US and EU) EU has
also faced accusations that they have not taken
strong enough action on human rights violations.
Honduras
• The legal framework for civil society activity has
improved in recent years. NGOs have been partly
successful in their fight for an increased role in
consultations with the executive and the legislature.
• These small victories have been mitigated by the
introduction of restrictions on the space for NGOs to
operate, because of unfounded suspicions that certain
organisations are being funded by foreign governments
or terrorist groups.
• The UN Special Rapporteur on human rights defenders
has spoken of concerns that “the absence of a specific
legal framework for the protection of human rights
defenders contribute to their situation of vulnerability.”
Serbia
• EU accession requirements have encouraged Serbia to
make significant progress in creating a comprehensive
legal framework for CSOs.
• Marked improvement in Freedom House scores.
• Rapid growth in GNI per capita that has only recently
been stalled by the global financial crisis.
• This rate of progress is threatened by pervasive
corruption and criminality, by mass youth unemployment
and by the unresolved conflict about the status of
Kosovo.
Serbia
• CSOs were key agents in the downfall of the Milošević
government.
• Mainly domestic CSOs operate in the country.
• International donors have been the largest funders of
Serbian CSOs since the end of the war (the most
important donor has been USAID), but now funding is
drying up.
• The tough economic climate poses a significant
challenge to the viability of many organisations.
• OSCE has registered concerns that many CSOs have
closed or are in danger of immediate closure.
Serbia
• The Serbian government remains the largest
source of funding for CSOs. However, there is a
clear bias in the way that money is distributed:
the major beneficiaries tend to be sports and
religious organisations.
• CSOs complain that ways to access money are
not transparent.
• Therefore, CSOs concerned with
democratisation and human rights promotion are
particularly vulnerable to the withdrawal of
international donors.
Serbia
• Lots of legal innovations in recent years with
regard to CSOs, but there has been some
concern reported amongst activists that “too
many of these new laws, strategies and action
plans are not being implemented, i.e. they
merely allow the [government] to ‘check off a
box’ relative to EU accession requirements.”
• USAID has found that the complexity of legal
regulations acts as a disincentive for CSOs to
engage in economic activity, thus exacerbating
financial problems.
• CSOs across the country express fears
about the threat to their independence
from political parties, which is particularly
acute immediately before elections.
• Some CSOs may act as mere ‘fronts’ for
party interests (e.g. United Regions of
Serbia).
Serbia
• There has been an upsurge in complaints from
advocacy CSOs about the government’s rights
record since the last election in July 2012, despite
Serbia’s long-track record of progress in human
rights protection.
• Human rights activists and journalists are often
jailed, and physical abuse in commonplace in
Serbian prisons (PÖK, 2013).
• In addition, women, senior citizens, Roma, refugees
and sexual minorities are subject to high levels of
discrimination.
Creating space from the grassroots up?
Experiences from Ethiopia and Kyrgyzstan
Rachel Hayman, INTRAC
Ethiopia
• History of voluntary organizing at local level turned to
political ends under Derg and EPRDF
• Influx of international NGOs around famines, and major
increase in local and international NGOs after 1991
• Relationships increasingly strained with government
criticizing wasteful NGOs and NGOs attaching
government’s politics and human rights records
• More recent tensions around elections of 2005 and
2010, marred by violence and repression
Ethiopia
• Ethiopian Charities and Societies Proclamation (2009)
and had wide-ranging implications
• Introduced under logic of decreasing dependency on
foreign funds, ensuring NGO accountability, and limiting
interference from foreigners in political activities
• Distinguishes between Ethiopian (90% locally-funded),
Ethiopian Resident (based in Ethiopia with more than
10% external resources) and Foreign Charities and
Societies (externally based and funded)
• Restricts work on human and democratic rights only to
Ethiopian charities and societies.
• Limits budget that can be spent on administration to 30%
Ethiopia
• NGOs working on human rights and governance have
shrunk, particularly those in receipt of external support
• Shifts by some NGOs away from human rights work
towards developmental work
• Most affected are Addis-based national NGOs in receipt
of external resources
• INGOs have been very critical and withdrawn, or
adapted – over 3000 now registered under new law
• Regional and local civil society less affected, although
face fund-raising challenges
• Aid flows remain high, including basket funding for Civil
Society Support Programme
Ethiopia: CSSP
• Started 2011, basket funded by Irish Aid, DFID, SIDA, Danida,
Dutch Foreign Ministry, and Norway
• Programme works closely with the Federal and local government to
implement activities within the existing law, notably the 30/70% rule
(whereby no more than 30% of a grant can be spent on the recipient
NGO costs)
• The more restrictive laws apply at the Federal level but not
necessarily to local NGOs registered in only one of the regional
states.
• Regional mandates for civil society enables some flexibility at a local
level, especially if CSOs can demonstrate the benefit of
collaboration on issues which matter to local government
• The CSSP aims to reach remote areas (geographically and
socially), and manages to facilitate more borderline human rights
projects through careful relationship-building
• Challenging environment but is allowing grassroots civil society
development
Kyrgyzstan
• Influx of foreign NGOs after independence in 1991, and
a mushrooming of local NGOs, which were essentially
dependent on external aid funding
• Increased strength over 1990s and 2000s, reasonable
legal environment, but affected by waning foreign
funding by mid-2000s esp. for more political activities
• 2006 study concluded that of several thousand
registered NGOs, only about 500 were active and
sustainable; but did see growth in other areas of civil
society, such as trade unions
• State-civil society relations best at the sub-national level
• Reasonable legal framework, although threats again in
2013 of proposed law which would enable the
government to label certain NGOs as “foreign agents” if
they receive financial support from abroad and engage in
undefined “political activities”
Kyrgyzstan
• Political turmoil of second half of 2000s (Tulip Revolution
2005; political protests April 2010; ethnic violence June
2010)
• Civil society negatively affected: splits and divisions
within politicised civil society; very few NGOs with real
access to those in power; constant pressures for greater
state control of civil society
• 2010 violence affected image of civil society and
confidence in it (confrontation not consensus-building)
• Peaceful political transition in 2011, with strengthening
legal framework, but situation remains potentially volatile
esp. for civil society active on human rights issues
• New, more indigenous, movements forming, although
sustainability and capacity is a challenge
• More operating space for constructive engagement at
sub-regional levels with local authorities, but ability to
influence remains limited
Politics, legislation and external influence: a
summary of the key findings
Joan Okitoi, EADI
• Case studies: different historical, economic, social and political
contexts
• *Context = conditions enabling or disenabling civil society in country
cases, e.g. in Honduras political fragility has translated into a
fragmented civil society
• External factors such as recession, cutback on foreign aid from
• OECD countries, geopolitical changes are among aspects which
affect all the countries studied.
Common themes and issues consist of:
• Opposition politics, human rights and governance
• Legal frameworks and operating contexts
• External interactions
Opposition Politics, Human Rights and Governance
• Service delivery – an accepted and fairly uncontested role for CSOs
(Ethiopia, Bangladesh, Uganda, Kyrgyzstan)
• Government cooperation with civil society on development matters
(a requirement by donors); genuine participation or tokenistic
consultation?
• NGO activity straying into politics results in tensions with host
government as in the cases of Bangladesh, Kyrgyzstan,
Bangladesh, Ethiopia and Uganda.
• No distinction between political activity and civil society activity
• In all the countries, there were challenges for NGOs engaging on
human rights (LGBT and minority rights) with explicit attacks in
Honduras to closure in Ethiopia.
• Problematic sustainability of civil society carrying out human rights
work when funding internally or externally were limited by regulation
or donor withdrawal (Bangladesh, Kyrgyzstan and Ethiopia).
Legal Frameworks and Operating Contexts
• Outdated, complex or weak legislation = fertile ground for
manipulation by both government and NGOs (Bangladesh and
Serbia).
• Blurred lines between charitable and commercial NGOs in
Bangladesh and Kyrgyzstan resulted in challenges around taxation
and regulation.
• Kyrgyzstan, Ethiopia and Honduras, introducing new laws and
regulations to clarify NGO registration, relationships with external
actors, purpose and tax status.
• New legislation is however not always been supportive of civil
society activities as revealed in Uganda, Serbia, Ethiopia and
Bangladesh.
• Implementation of the legislation is a bigger concern; how it is used
by political elite where there are weak institutions and judiciary is not
independent as was the case in all the countries.
• Weak accountability structures or legitimacy of organizations and
their connectedness to the population affect their ability significantly
in promoting change (Bangladesh, Ethiopia, Kyrgyzstan).
External Interactions
• Sustainability is challenge for domestic NGOs dependent on
external funding.
• Reductions in funding are determined by legislative or operating
context as well as political context (influence decisions by
international agencies on funding)
• Most affected according to the case studies are NGOs working on
human rights, democracy and governance issues.
• External pressure regarding space for civil society is contentious:
peer pressure and international law are some of the measures to
hold governments accountable for actions towards civil society.
Ethiopia and Uganda - government impervious to diplomatic
pressure. Civil society in these countries as well as Honduras are
unfortunately also not vocal about human rights abuses.
• Serbia’s accession to the EU spurred legislative reforms. Lately
however, the narrowing NGO space raises doubts about
government’s intentions to improve environment for civil society.
Opening up spaces for influence and change
• Some of the case studies show there is scope for NGOs to work on
advocacy, democratisation, women’s rights where there is respect
for legislative and political boundaries (Bangladesh and Kyrgyzstan)
• Kyrgyzstan and Ethiopia also show at the sub-national level,
collaboration, consensus building between the state, civil society
and private sector can happen because tangible benefits are more
visible to local authorities.
• Locally embedded organizations which are less dependent on
external funding are key actors (Serbia – established CSOs
supporting smaller CSOs even in the absence of international
donors or the state.
Conclusions and Recommendations
• Ethiopia and Kyrgyzstan show that it is possible for donors and
international NGOs to support civil society in difficult contexts;
finding avenues for dialogue and collaboration between local
authorities and civil society to foster constructive engagement on
capacity building of local civil society.
• Exploring alternative models to support development of
independent, sustainable, locally-embedded and accountable civil
society such as working with regional civil society support networks
and associations, using new technologies and encouraging stronger
domestic NGOs to mentor and foster small ones.
• External governments play an important diplomatic role in
encouraging countries to uphold their constitutional and international
commitments guaranteeing right of civil society to fulfill its function.
However, negative consequences can easily follow which need to
be anticipated and analyzed.
• Donor governments need to exert pressure on other donor countries
where there are different responses on human rights abuses, for
example US military assistance to Honduras impacting negatively
on human rights activists.
• Improving legislation with the help of legal bodies to enhance NGO
accountability and thus legitimacy and credibility.
• Ugandan case shows how a national constitution can be supportive
of civil society action.
Phase 2 and beyond
• Phase 2 (starting Nov 2013): six additional country studies - Egypt,
Rwanda, Vietnam, Myanmar, Peru, Kosovo
• Will see how findings from these additional countries support or
contrast with findings from Phase 1
• Then do more in depth reflection on changing roles and spaces for
INGOs and local organisations
• And also reflect on how the findings relate to global strategies and
donor policies on the Enabling Environment and civil society space