Challenges to the rule of law in Africa
Shrinking civic Space
Desire Assogbavi Head of Oxfam Liaison Office to the African Union Pretoria, 12 April 2016
What Do We Mean by Civic Space ? It is the freedom and means to speak, access information, associate, organise, and participate in public decision-making , influence policies and practices “Civic space is defined as the set of conditions that determine the extent to which all members of society, both as individuals and in informal or organised groups, are able to freely, effectively and without discrimination exercise their basic civil rights” by Transparency International Civic Space is essential to the healthy functioning and development of any society and a precondition for accountable governance and social justice. Civic space enables citizens to participate and hold governments and the private sector to account. Civil society space is therefore a critical enabler in the fight against poverty and pursuit of social justice It is not just a legal issue: We need Active Citizens for effective and prosperous states: The positive & inclusive economic development that we are aspiring to in Africa requires a vibrant civil society and citizens’ participation Page 2
Closing the Space is Violating the Law Civic Space is one of the important current challenges of the rule of/by law
Article 22: ICCPR: Everyone shall have the right to freedom of association with others, (…) for the protection of his/her interests – Endorsed by most constitutions Freedom of peaceful assembly and association are linked to the right to take part in the conduct of public affairs, the right to freedom of opinion and expression, the right of access to information articles 25 and 19 of the International Covenant. The legitimacy of civil society participation at the international level was also affirmed by the UN Charter, which indicated that the Economic and Social Council may consult with NGOs concerned with matters within its competence
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No one should be criminalized for exercising the rights to freedom of peaceful assembly and of association, nor to be subject to threats or use of violence, harassment, persecution, intimidation or reprisals Civil Society is an essential component for the promotion of human rights, democracy and the rule of law: States should create and maintain a safe and enabling environment in which CSOs can operate free from hindrance and insecurity The African Agenda 2063 : the realisation of the agreed aspirations needs the “ownership and mobilization of African People (…) in their various formations”. Closing of Civic Space can catalyze uprising and generate conflicts
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Current Trend Serious & worrisome trend of shrinking civic space and restrictions on individuals and civil society organizations globally but mostly in the South especially in Africa Since 2012: over 130 restrictive laws have been introduced worldwide and at least 29 of those have been in Africa We are seeing increase restrictive practices that limit the space for civil society organisations and individuals to raise their voice and collectively organise. CSOs are more controlled/restricted than business or corporations Shrinking space but also shifting space: space can be open for some and close for others or open for some issues and close for others or creation of pro-government NGOs (GONGOs) Space and strength are two parts of protecting civil society space: the space availlable and the strength of civil society and citizens to use it. Civil society organisations that are not accountable and transparent contribute to the problem . Security – terrorism – money laundry etc. are also real issues Page 5
Ways by which Civic Space is being Restricted Speech & Advocacy Assembly
Formation
Operational activities
Communication including during elections
Restrictions that shrink civic space
Stigmatisation
Resources
So, what can we do now ? Put pressure at various levels: National, Regional, International to stop the trend Work more in coalition – international solidarity Change CSOs’ narrative and show case of our added values Promote transparency and accountability of the CSO sector by increased self regulation and the promotion of sound internal governance of CSOs: We need to build trust 2016: the African ‘Year of Human Rights’ is an opportunity to bring civic space issue in the continental debate… Legislative Reform - A Civil Society Charter? A Strong declaration/decision at AU Summit level?
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what can we do now... (cont) AU Special Rapporteur for Civic Space? Get some champion countries/personalities to echo the issue? – APRM, PAP, African Governance Architecture etc... to be louder and systematic about civic space? The Peace and Security Council to be involved? African Progress Panel next annual paper? Aggressive use of social media to raise the issue? Media, Parliaments to be actively involved… Page 8
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Thanks ! Email: Desire.Assogbavi@Oxfaminternational.org Twitter: @assodesire
Blog: assodesire.wordpress.com Tel.: +251 911208332