By Patricia Ainembabazi |
Across Africa, increasingly restrictive laws governing non-governmental organisations (NGOs) continue to threaten civic space and undermine fundamental freedoms. From burdensome registration requirements and excessive fees to restrictions on foreign funding, advocacy and political participation, these measures are limiting civil society’s ability to operate independently, mobilise communities and hold governments accountable.
The Collaboration on International ICT Policy for East and Southern Africa (CIPESA) recognises that a free and enabling civic space is fundamental to protecting digital rights and freedoms. Extensive research on digital civic space, internet freedom, freedom of expression, association and assembly, reveals the continued need to advocate for legal and policy environments that enable civil society organisations to organise, participate in governance processes and exercise their rights both online and offline. Thus, restrictions on NGO operations, funding, and advocacy directly undermine the ability of civil society to advance digital rights, engage in public policy processes, monitor government actions, and demand accountability.
Against this backdrop, the Pan-African Lawyers Union (PALU) is seeking an Advisory Opinion from the African Court on Human and Peoples’ Rights to clarify the compatibility of restrictive NGO laws with the African Charter on Human and Peoples’ Rights. The request seeks guidance on the limits of legitimate state regulation, particularly concerning freedom of association, assembly, expression, non-discrimination and participation in public affairs. It also seeks clarification on the legality, necessity and proportionality of restrictions imposed on civil society organisations.
CIPESA joins ARTICLE 19 West Africa, the Centre for Human Rights at the University of Pretoria, MENA Rights Group and the International Service for Human Rights (ISHR) in supporting this initiative. The proposed Advisory Opinion presents an opportunity to establish continent-wide legal standards that protect civic space, strengthen accountability and safeguard the ability of civil society to operate freely and independently, including in advancing digital rights and democratic participation.
Read the full statement here