UN and regional experts call for urgent protection of civic space amid global uptick in “foreign agent” laws

GENEVA – To protect democracy, States must urgently halt and reverse the dangerous global trend of adopting restrictive laws on associations, including foreign agents/foreign influence-like laws, UN and regional human rights experts* urged in a joint declaration to mark the International Day of Democracy. They issued the following statement:

“Ahead of World Democracy Day, we sound the alarm about a harmful global phenomenon – namely the increased use of foreign agents/foreign influence laws and other laws, policies and practices, accompanied by harmful anti-rights rhetoric, restricting democratic freedoms.

These laws threaten the existence of independent civil society, which is key to ensuring inclusion, pluralism and public participation of everyone in society. The weaponisation of these laws to crack down on civic space under the pretext of enhancing transparency and protecting State security and sovereignty have contributed to global democratic backsliding and rising authoritarianism. This further undermines full and inclusive public participation in this year of elections in many countries around the world.

We are concerned that the so-called “foreign agent”/foreign influence legislative initiatives and laws with similar effects introduce unnecessary, disproportionate and discriminatory obligations, restrictions or prohibitions on associations such as: separate registration obligations, adopting stigmatising labelling as a “foreign agent” linked to the foreign origin of their funding or other benefits; overly burdensome, intrusive and costly reporting requirements; and the prohibition of public engagement in decision-making processes.

These laws fail to comply with international human rights standards, including the right of associations to freely access resources, and are exacerbating hostile narratives and the stigmatisation of civil society.

They are having a chilling effect on public activism.

To ensure an enabling environment for people to freely and safely organise and form associations, so as to act collectively to strengthen and protect democracy, we call on States to repeal existing laws and stop adopting such legislation and regulations.

Enhancing “transparency” and security is paramount. However, these broad and stigmatising laws, clearly targeting civil society, in fact reduce the ability of civil society to play their vital role in ensuring transparency, accountability and inclusive democracy and democratic institutions.”