Report: Charities Threatened by Government Barriers

An April 2008 report from the International Center for Not-for-Profit Law and World Movement for Democracy Secretariat at the National Endowment for Democracy sounds the alarm for the governmental barriers impeding civil society groups. Combined with the usual repression of human rights and activism, the report focuses on the "subtle governmental efforts to restrict the space in which civil society originations-especially democracy assistance groups- operate."  

Governments have tried to justify and legitimize such obstacles as necessary to enhance accountability and transparency of NGOs; to harmonize or coordinate NGO activities; to meet national security interests by countering terrorism or extremism; and/or in defense of national sovereignty against foreign influence in domestic affairs. The report exposes such justifications as rationalizations for repression, and, furthermore, as violations of international laws and conventions to which the states concerned are signatories. 

The report articulates well-defined international principles protecting civil societyalready embedded in international law, including norms and conventions that regulate and protect civil society from government intrusion. These principles include: the right of NGOs to entry (that is, the right of individuals to form and join NGOs); the right to operate to fulfill their legal purposes without state interference; the rights to free expression and to communication with domestic and international partners; the right to seek and secure resources, including the cross-border transfer of funds; and the state’s positive obligation to protect NGO rights.

The report concludes by calling upon:

• international organizations and governments to endorse the report and the principles it identifies;
• civil society organizations to conduct national and regional discussions to mobilize support for the reform of legal frameworks governing them; and
• democracy assistance organizations to distribute and promote the report and its recommendations to its partners and grantees.