Civic Space Monitor

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Foreword In the two years I have been at CIVICUS, some of the most important but also most difficult conversations I have been involved have been around what does the ideal methodology for understanding and comparing conditions for civil society across countries and time look like. Finding a robust, timely and cost- effective methodology is almost the ‘Holy Grail’ for those of us working in this area.

We and others have tried various ways to do answer this challenge but, none (including our own efforts) have yielded something that does the trick. What follows is yet another attempt; this looking particularly at civic space, built on some creative methods (e.g. the Civic Pulse) and designed to provide a useful, regularly-updated once-stop-shop for anyone wanting to understanding conditions for civil society.

We believe that civic space is an important barometer of the health of any society. Its existence implies citizens are valued and have a say in the decisions affecting their lives. Three basic freedoms are integral to the maintenance of healthy civic space: freedoms of expression, association and peaceful assembly. If these basic freedoms are respected citizens can exercise democratic dissent and meaningfully contribute to the governance of the state. Governments are compelled to respect, facilitate and protect these rights under both constitutional and international law.

However the reality is that in many parts of the world civic space remains imperilled. CIVICUS’ State of Civil Society Report 2014 notes in recent times many governments – democratic and authoritarian – have stepped up efforts to restrict civic space using combinations of dubious legislation, demonisation of protest movements and direct harassment of activists and their organisations. Violent attacks on civic activists by state and non-state actors are also on the rise. Clearly, a need exists to more effectively monitor and measure the health of civic space. After all, it is within this critical arena where peaceful disputes continue to play out for more open and democratic societies.

A number of key global developments mean that there is renewed interest in understanding civic space. These include global conversations on the Post 2015 development framework, renewed efforts to measure “enabling environment” for civil society in light of commitments made at the 4th High Level Forum on Aid and Development Effectiveness and the Open Government Partnership’s new

CLOSED REPRESSED OBSTRUCTED NARROWED OPEN policy to deal with civic space. A number of recent initiatives to collate various methodologies to measure civic space attest to this, including those undertaken by the Transparency and Accountability Initiative and the International Center for Not for Profit Law.

CIVICUS is taking a new approach to tracking the quality of civic space in real time. We intend to do this by combining analysis of externally available data sources with our own, internally generated, real-time information from civil society on the ground. This involves the collation of qualitative and quantitative research information, as well as information from interactions with CIVICUS’ partners through our new Civic Pulse initiative. The result, we hope, will be an accurate, responsive and interactive online tool that reflects the reality of civic space in each country. (This approach is explained in more depth in the next section.)

CIVICUS has piloted this approach in a study of civic space in southern Africa. This study aims to provide a snapshot of civic space in fourteen southern African countries in early 2015. It also demonstrates the kind of information and analysis on civic space that CIVICUS ultimately hopes to provide through a regularly updated web portal for all countries in the world.

This document is however just one step towards developing a global means of effectively monitoring civic space in real time. The ultimate aim of this broader research programme is to allow various stakeholders to better understand the nature of civic space in every country. We also want to be able to respond swiftly to current abuses while identifying future trends and threats. CIVICUS hopes to develop a tool for encouraging best practices, sharing experiences and strengthening citizen ability to defend civic space in their own countries.

We need your feedback We are sharing this consultative document with a range of experts on civil society and civic space. Your feedback is invaluable and will help us to make this new CIVICUS tool far stronger. We would be very grateful if you can send us any comments, critiques, questions and suggestions that you have by emailing [email protected] by Monday 1st June, 2015.

We hope you share our excitement about this new initiative and we thank you sincerely for taking the time to review what we have done so far.

Dhananjayan Sriskandarajah Secretary General

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The Civic Space Monitor In recent years CIVICUS analysis has been at the forefront of global efforts to understand and describe conditions for civil society and civic activism. Our current research employs a number of cutting edge and participatory research methodologies.

The Civil Society Index (CSI) is a participatory needs assessment and action- planning tool for civil society that has been implemented in more than 75 countries. It assesses five dimensions: civic engagement, level of organisation, practice of values, perception of impact and the external environment. The two primary goals of the CSI are to enhance the strength and sustainability of civil society, and to strengthen civil society’s contribution to positive social change.

The Civil Society Index Rapid Assessment (CSI-RA) is based on a more adaptable methodology to help civil society better assess its strengths, challenges, potentials and needs in a range of different situations and contexts. This flexibility allows the project’s partners to decide on what their most important expected result is and adapt the methodology accordingly, focusing on one or more dimensions of the civil society reality in order to deliver the best value towards the most important process or desired change.

Enabling Environment National Assessments (EENAs) conducted in partnership with the International Center for Not for Profit Law (ICNL) take a country-based approach on the legal, regulatory and policy environment for civil society. EENAs describe conditions for civil society at the national level through assessments that are rooted in data collected at the national level and validated by a consensus based, multi-stakeholder process. The EENAs are intended to be springboards for local actors to strengthen the enabling environment for civil society.

The Enabling Environment Index (EEI) examines the conditions within which civil society work. Using secondary statistical data, it has ranked the governance, socio-cultural and socio-economic environments for civil society using 17 sub-dimensions and 53 indicators in 109 countries. The EEI is the first index that attempts to measure the long-term conditions that affect the potential of citizens to participate in civil society.

Each of these methodologies allows CIVICUS and our partners to comprehensively describe the conditions for civil society in specific countries, at

CLOSED REPRESSED OBSTRUCTED NARROWED OPEN specific points in time. These tools also address the concept of civic space although as only one component of broader analysis.

The Civic Space Monitor Having recognised both the need for a continuous monitoring tool as well as one that focuses specifically on civic space, CIVICUS has developed the Civic Space Monitor (CSM). In future, the CSM will become our primary tool for tracking the expansion and closure of civic space and for providing alerts and early warning notifications when worrying signals are observed. It will be a continuous, web-based tracking and rating system that we hope will be used by civil society, journalists, government officials, development workers and members of the public.

Civic space rating The CSM classifies countries into one of five categories: OPEN, NARROWED, OBSTRUCTED, REPRESSED and CLOSED. While CIVICUS recognises the challenges with slotting countries into one of five civic space related categories, this five- category rating system does allow for important comparisons to be made across time and across geographic space. The table that follows describes the typical characteristics that countries would need to exhibit to be placed into each of the five categories:

RATING DESCRIPTION EXAMPLES CLOSED There is complete closure – in law and in practice ERITREA – of civic space. An atmosphere of fear and N. KOREA violence prevails, wherein state and non-state actors alike are routinely allowed to imprison, cause serious physical injury and even kill citizens with impunity for attempting to exercise their rights to associate, peacefully assemble and express themselves. Any criticism of the ruling authorities is severely punished and there is absolutely no media freedom. REPRESSED Civic space is heavily constrained. Active citizens CHINA and civil society members critical of the ruling EGYPT authorities are subjected to the risk of death, injury, harassment, intimidation, surveillance and imprisonment. Although some civil society organisations exist, their advocacy work is regularly impeded. The media is restricted and peaceful assemblies are regularly prevented or broken up, often through the use of violence by security forces.

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OBSTRUCTED Civic space is only partially respected by the KENYA authorities. Although civil society organisations NEPAL exist, the authorities frequently undermine them, including through the use of bureaucratic harassment. Citizens can organize and assemble peacefully but they are also vulnerable to frequent use of violent tactics by law enforcement agencies including rubber bullets, tear gas and baton charges. Independent media exists but remains threatened by ruling authorities. NARROWED With some exceptions, the state allows citizens BOTSWANA and civic organisations to exercise their rights to NAMIBIA freedom of association, peaceful assembly and expression. Citizens can form associations to pursue a wide range of interests. Full enjoyment of this right is impeded by occasional harassment, arrest or assault of those deemed critical of the authorities. Protests are conducted peacefully although authorities sometimes deny permission, citing security concerns. The media is more or less free to disseminate a wide range of information. OPEN The state enables and safeguards civic space. SWEDEN Citizens are free to form associations, NEW demonstrate in public places and receive and ZEALAND impart information without restrictions in law or practice. The authorities are tolerant of criticism from civil society groups and provide space and platforms for open and robust dialogue with citizens. As a rule, the police protect public protestors.

Each country’s rating rests on an assessment of the four components of the CSM, arranged as follows:

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NARRATIVE ANALYSIS

CIVIL SOCIETY KEY CONSULTA- TIONS (CIVIC IN THE NEWS SCORES PULSE)

Narrative analysis The Civic Space Monitor provides country-specific, real-time analysis of conditions for civic activism. Our analysis of civic space is illustrated with positive and negative developments in the last 12 months. It rests on three main sources of information: key external scores and analysis from local, regional and international sources; consultations with civil society (Civic Pulse); and various reports related to civic space from the last 12 months. (see below for descriptions of each of these components).

The narrative analysis reveals trends and enables CIVICUS to signpost important upcoming milestones, for example planned civil society campaigns or imminent legal reforms. The narrative analysis is in four sections: an overview combining all aspects of civic space; one section on citizen’s freedom to association; a description of the right to protest in that country; and a section analysing free speech and media freedoms. A member of CIVICUS staff updates each country page at least once every three months and more often if there are important developments.

Review of key scores and analysis In this section CIVICUS reviews reputable external sources that provide scores and analysis relevant to civic space. These sources are produced by reputable domestic, regional or international civil society organisations or academic institutions.

Three scores from the following international sources are included in the CSM:

1. Freedom House’s Freedom in the World 2015 Report. (Component E - Associational and Organisational Rights) https://freedomhouse.org/report/freedom-world- 2015/methodology#.VMs6rxyPZL4

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2. Reporters Without Borders World Press Freedom Index 2015 http://fr.rsf.org/IMG/pdf/methodology-en.pdf 3. Political Terror Scale from the University of North Carolina http://www.politicalterrorscale.org/about.php

These sources have been selected for two main reasons. First, although multiple qualitative sources exist, few of them are as universally applied as these three. Therefore, by using these three sources, CIVICUS is able to include a far greater number of countries in the CSM. Second, CIVICUS believes that, in combination, these three sources provide a holistic assessment of the important components of civic space – freedom of association, assembly and expression

The CIVICUS rating is applied based on the scores received for each country. Instead of combining these scores into a single composite number, CIVICUS applies its rating system to each and presents that information as part of a dashboard along with the four other components of the CSM. The scores received for each of these quantitative measures are converted into a 1-100 scale (1 being the worst possible score and 100 being the best) and the ratings assigned as follows:

1-20 CLOSED 21-40 REPRESSED 41-60 OBSTRUCTED 61-80 NARROWED 81-100 OPEN

For example, in its 2015 Freedom in the World Report, Freedom House assigns Malawi a score of 7 out of 12. When converted to the 1-100 scale, Malawi receives a score of 58.3, placing it in the OBSTRUCTED category.

The ratings are updated annually, as soon as Freedom House, Reporters Without Borders and the Political Terror Scale release updated scores.

Where available, up to three analytical sources are also included as part of this component. Drawn from international, regional and domestic sources, they fall into four categories: research reports, policy briefs, media statements and analyses. Where more than three sources are available the researcher selects the most relevant three, using a simple weighting system that prioritises those that are local, recent and based on primary research. The CIVICUS researcher reviews each analytical source and assigns a rating according to the method

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In the ideal scenario, this section of the CSM results in an assessment of six external sources. The case of Zimbabwe is presented here:

Scores: Scale Score CIVICUS Rating Freedom in the World, component E 1-12 3 REPRESSED on associational and organisational rights (Freedom House) World Press Freedom Index 100-1 39.19 NARROWED 2015(Reporters Without Borders) Political Terror Scale (University of 5-1 3 OBSTRUCTED North Carolina) Analysis: Quarterly media freedom monitor Aug-Sept 2014 (MISA- REPRESSED Zimbabwe) NGO Law Monitor 2014 (International Center for Not-for-profit OBSTRUCTED Law) Human Rights Watch 2015 Report - Zimbabwe REPRESSED

In this example, we see CSM analysis of three of the six external sources places Zimbabwe in the REPRESSED category, two in the OBSTRUCTED category and one in the NARROWED category. If one were to take a purely statistical approach to this, and assign the numbers 1-5 to the five categories (1 being OPEN and 5 being CLOSED), then the arithmetical average score for Zimbabwe would be 3.33 (or 3 if you round down). Thus, a purely statistical analysis would place Zimbabwe in the OBSTRUCTED category. In this current study however, CIVICUS has assigned Zimbabwe a lower rating: REPRESSED.

Why? This example illustrates that the CSM is much more than simply a quantitative measure of a country’s civic space. The CSM allows CIVICUS to apply its expertise in civic space. While it does make reference to important external sources, crucially it also incorporates views from our civil society partners as well as the most recent developments on the ground. This is not to say that the CSM rating will always differ from what a purely statistical approach would produce – in fact in most cases it does not.

In Zimbabwe’s case however, CIVICUS’ recent interactions with civil society have revealed that, although violence and repression by the state may have abated of late, the fundamental conditions for civic space remain unchanged, and

CLOSED REPRESSED OBSTRUCTED NARROWED OPEN therefore extremely precarious. This information from civil society, backed up by news reports of repression and violence, motivated CIVICUS to assign Zimbabwe a REPRESSED rating. As we have explained above, these ratings are subject to constant change and indeed contestation and debate. (See the section below describing the internal CIVICUS process for changes to ratings)

Civil Society Views (Civic Pulse) CIVICUS brings the voices of members, partners and other activists on the ground into the analysis through regular consultations. CIVICUS’ extensive network draws from a diverse, global range of civil society groups. This network offers us a unique perspective driven by the views of our partners. This component ensures that the lived, recent experiences of civil society activists are fed directly into the CSM. In the civil society consultations section of each country chapter, CIVICUS presents accounts of citizens’ attempts to use civic space, and the state’s attempts to close that civic space. This section also includes a crucial forward-looking component, revealing the likely opening or closure of civic space in the near future.

Currently, CIVICUS employs various methods to interact with its partners. The method often depends on the openness – or otherwise – of the local environment and the security concerns of our partners. Communication methods include: regular phone conversations; in person meetings; group conversations over social media; online surveys and email.

Ultimately, however, CIVICUS intends to develop its capacity to interact with large numbers of civic leaders through a new system known as Civic Pulse. Civic Pulse is designed to provide regular, timely, customised, at-a-glance data on civic space. The Civic Pulse is a regular panel survey of a cross-section of civil society leaders from around the world to get their views on the conditions for civil society in their country, and to gauge their confidence to create social change. While the tool will produce results of interest for researchers and academics, its use is designed primarily for civil society activists and organisations themselves to make the case for improved conditions for civil society organisations, human rights defenders and activists in their country and globally.

In the same way that numerous business and consumer confidence indices act as a barometer of economic conditions, a regular barometer of the health and direction of global civil society can act as a stimulus for policy-makers and public opinion to take more seriously the conditions within which social change happens. Indeed, while business communities have used this kind of tool

CLOSED REPRESSED OBSTRUCTED NARROWED OPEN effectively, no such equivalent currently exists for civil society. Although the ultimate scope of Civic Pulse will be much broader than just a contribution to the CSM, its integration into the CSM will greatly enhance its ability to be an accurate, real time metric of the quality of civic space.

In the news The CSM also incorporates verified media and civil society reports relevant to civic space in each country. These reports will cover protest rallies, marches and other nonviolent mass actions; the introduction or amendment of laws governing civic space; incidents of abuse; and the successful use of civic space to achieve democratic change. The news sources are local, regional and international. Links to relevant sources will be added regularly by the CIVICUS researcher responsible for managing the CSM.

How are initial ratings and ratings changes decided? Ultimately, our rating is a subjective assessment of the state of civic space in any given country. In most cases, CIVICUS will be able to easily classify countries into one of the five broad categories. Where there is uncertainty – for example where a country may be on the borderline between Obstructed and Repressed – CIVICUS will consult pre-established regional reference groups of civil society experts who will advise on the most appropriate classification. These reference groups will be comprised of individuals who have a deep understanding of the region and a track record of working on civic space issues.

It is also important to note that the CSM is designed to be a descriptive tool that is able to respond swiftly to changes in the environment. Ratings will be reviewed once every three months, or more often should significant positive or negative changes occur which may affect a country’s rating.

Following this initial consultation, CIVICUS will develop a detailed Civic Space Monitor Handbook. The handbook will describe in detail the processes to be followed for regular data collection, updates to ratings, assessment of key scores and sources and the criteria and business processes to be followed before a country receives a change (both positive and negative) in its rating.

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CIVIC SPACE IN SOUTHERN AFRICA

Southern Africa is often referred to as the most stable sub-region on the African continent. Most countries in southern Africa fare better than the rest of the continent on various governance indices. Notwithstanding several challenges, political and economic integration through the southern African Development Community (SADC) is also moving ahead.

Overall progress masks underlying concerns Despite attempts to consolidate democracy and the relative absence of violent conflict over the past two decades, this report reveals that much work still remains to ensure that civil society rights are respected in southern Africa. Our research concludes that only a handful of countries in the region demonstrate a relatively healthy civic space. Indeed, no country in southern Africa is judged to have an ‘Open’ civic space. According to our research the vast majority of countries (12 out of 15) face an obstructed or repressed civic space.

CLOSED REPRESSED OBSTRUCTED NARROWED OPEN Angola Lesotho Botswana DRC Madagascar Seychelles Zimbabwe Malawi Mauritius Swaziland Mozambique Namibia South Africa Tanzania Zambia Overall southern Africa Rating: OBSTRUCTED

These ratings are shaped by civil society members’ lived experiences in attempting to exercise their most basic rights: the freedoms of expression, association and peaceful assembly. While no southern African country is judged to have a completely ‘Closed’ civic space, the worrying trend in most countries suggests a declining respect for basic freedoms.

Worrying signals Countries that have made greater democratic strides since the independence era, such as Botswana, Zambia and Tanzania, have in recent times witnessed a concerning trend. Attacks on citizens, activists and journalists in these countries are evidence of’ increasing intolerance of political dissent. Repressive tactics have led to a heightened state of fear in these traditionally more open societies.

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NGOs particularly those working on documenting human rights violations and corruption are subjected to tighter legislative constraints, making peaceful protests more difficult. And some investigative journalists have fled to other countries. Moreover, South Africa – often described as the region’s ‘shining light of democracy and tolerance’ since ending Apartheid – is seeing escalating levels of violent policing and declining press freedom.

Entrenched repression The four southern African countries where civic space is most repressed are Angola, the Democratic Republic of the Congo (DRC), Swaziland, and Zimbabwe. Activists are forced to take extreme risks in these countries as they attempt to exercise the most basic of rights. Public criticism of government officials can result in lengthy jail sentences, physical violence or death. Media in these countries is nearly completely controlled by the state and it is very difficult for citizens to access state information in the public interest. As a general rule, public spaces cannot be used for demonstrations or any expression of popular discontent while associations – including youth groups, political parties and trade unions – face infiltration, deregistration and unannounced raids by the authorities.

Information under lock and key Although each country in southern Africa is faced with a unique set of historical, economic and social circumstances, this analysis reveals a number of common threats to civic space. Laws providing for access to information are only in place in a few southern African states, and where they are provided for – South Africa for instance – accessing information remains a serious challenge. This lack of information creates a power imbalance in society and handicaps citizens’ ability to hold decision makers to account. Poor government transparency also increases the likelihood of corruption and renders fact-based advocacy campaigns difficult. Civil society in countries like Namibia, Lesotho and Zambia continue to mount access to information campaigns. Despite government attempts to delay the process there are signs in some countries – including Malawi and Seychelles – that pressure from civil society could yield concrete results in 2015.

Permission to gather State manipulation of procedures for holding public gatherings is also a common problem across most of southern Africa. Although most public order statutes in the region only require organisers to notify the authorities, police interpret these laws such that their authorisation is a prerequisite. If express permission is not given before a demonstration, that gathering is deemed

CLOSED REPRESSED OBSTRUCTED NARROWED OPEN illegal. This opens the door for authorities to use force in dispelling peaceful protestors. This warped interpretation of legislation and accompanying regulations creates a further imbalance in favour of the police, who in many cases have captured powers not entitled to them by law. In Swaziland, for instance, draconian anti-terrorism laws inhibit the right to freely and peacefully assemble.

Clearing the colonial cobwebs The constitutions of southern African countries are, for the most, progressive documents. These supreme laws include expansive bills of rights that guarantee fundamental freedoms. However constitutional protections are undermined by regressive pre-independence legislation that lurks on the statute books in most countries. These laws do not take a human rights approach to protecting civic space. Instead, they allow authorities to deny rights on the grounds of protecting ill-defined ‘national interest’ or ‘public morals’. While most governments in the region note their desire to repeal these repressive ‘old order’ laws, actual law reform is slow. In the meantime governments continue wielding these out-dated laws to target individual journalists and activists. The recent charging of Batswana journalists with sedition reminds us these archaic laws can also be applied in relatively open societies.

Fourth estate in the firing line This study confirms that journalism in southern Africa is becoming a more dangerous profession. Media watchdog groups highlight a disturbing lack of respect for journalism, even in some of the region’s most respected democracies. Journalists covering government corruption and maladministration can expect to be physically assaulted, harassed, placed under state surveillance or, in some cases, exiled. Compounding the problem, governments have dragged their heels in enabling self-regulation of the media, and frustrated efforts to convert ‘state’ broadcasters into ‘public’ broadcasters. Increasingly the pockets of media owners and journalists are being attacked through the courts. As politicians become less tolerant of criticism, the number of defamation and libel suits against media houses is increasing. While traditional media already struggles for survival in difficult economic times, heavy fines imposed by the courts further jeopardises their existence.

Civic space and elections This report confirms, as a rule, civic space declines during an election year. As political stakes are raised, both incumbent and opposition parties are guilty of damaging civic space to further their own ambitions. In the past 12 months, elections were held in nine southern African countries. In most of these

CLOSED REPRESSED OBSTRUCTED NARROWED OPEN countries, an unusually high level of interference with basic rights accompanied election campaigns and voting. For instance, the blockage of a political debate on radio in Botswana; physical attacks on journalists in Khorixas, Namibia; electoral violence during campaigns in South Africa; and inter-party violence during political gatherings in Zambia.

Citizen Response Despite many problems, this report shows that citizens of southern Africa display admirable resilience and courage. Their experiences prove that well- organised and well-researched civic activism can have a telling impact. This study highlights a number of examples: including a ‘u-turn’ by Zambia’s government when trying to pass repressive NGO regulations; the passing of an access to information law in Mozambique; and a court judgment in Zimbabwe declaring criminal defamation inconsistent with the constitution.

Information, as noted above, is still tightly controlled in many countries. New technology however is helping citizens access and spread more information than ever before. As the internet expands its reach – and mobile phones help to democratise the spread of information – more and more ordinary citizens are becoming aware of the actions of their leaders. Public protest is still recognised as a powerful form of activism, even when individuals are faced with the likelihood of police violence. Finally, this study finds that although under pressure, civil society survives. In some countries activists are organising around new goals – such as the promotion of the rights of LGBTI people, and ensuring fairness and transparency in the extractive industry sector. Details on the health of civic space in each country are contained in the fifteen country pages that follow.

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ANGOLA CIVICUS RATING: REPRESSED

1. CIVICUS Analysis CIVICUS is deeply concerned at the closure of civic space in Angola. As of early 2015, the Movimento Popular para a Libertação de Angola (MPLA) government continued its practice of brutally preventing critics and opponents from exercising their democratic rights to associate, peacefully assemble and express their views. According to one activist, arrests, assault and legal harassment of political activists, human rights defenders and journalists have created a ‘psychological prison’ for the citizens of Angola. In Luanda, the capital, and in the politically contested Cabinda region, recent attempts to publicly demonstrate have been prevented or broken up. Youth leaders have been arrested, tortured and denied access to lawyers and medical treatment. In addition to the harassment of journalists, freedom of expression is restricted by tight government control of the mainstream media and the internet.

Freedom of association This freedom is largely curtailed through government red tape imposed at local and national levels. An association must first be recognised at the local level, then – after a confusing process involving multiple government departments – at the national level. A registration certificate is issued by government directly and not by an independent structure or board. A new law on associations was enacted in January 2012, and was intended to simplify the process. Vague wording has however confused civil society organisations attempting to register. In addition, organisations are worried about arbitrary denials of registration because a government ministry is empowered under the act to deregister an organisation if its statutes are contrary to ‘public morals’. Worryingly, the law has not been widely publicised and many NGOs in Angola are still not aware of its existence.

Freedom of peaceful assembly As in many parts of the world, Angolans, particularly the youth, have recently shown an increasing desire take to the streets to express their unhappiness with government. Civil society reports state in the past four years there have been over 30 peaceful demonstrations, many protesting the unending rule of president José Eduardo dos Santos and human rights abuses that continue under his watch. In the past year authorities have used a combination of repressive tactics to repress this rising tide of discontent.

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Freedom of expression Government-controlled publications and broadcasters dominate Angolan media. Private media practices a high level of self-censorship owing to the fear of government punishment. Journalists covering these increasing protests face a severe clampdown by authorities. Notably, following demonstrations in late 2013 three prominent journalists – Rafael Marques, Coque Mukuta and Alexandre Solombe – were arrested, detained and beaten by the police.

2. Key Scores and Analysis

Quantitative Sources: Scale Score CIVICUS Rating Freedom in the World 2015, component E 1-12 4 REPRESSED on associational and organisational rights (Freedom House) World Press Freedom Index 2015 100-1 37.84 NARROWED (Reporters Without Borders) Political Terror Scale (University of North 5-1 3 OBSTRUCTED Carolina) Qualitative Sources: So this is Democracy 2013? (Media Institute of Southern Africa) REPRESSED Punishing Dissent: Suppression of Freedom of Association and REPRESSED Assembly in Angola, 2014 (Amnesty International) Human Rights Watch World Report 2015 – Angola Chapter REPRESSED

3. Civil Society Consultations Angolan advocacy groups are increasingly concerned about the infiltration of civil society by government-backed CSOs. Civil society practitioners attest that government-backed organisations are formed with the sole purpose of closing space for free expression. Many individuals are hesitant to provide information to those they do not trust because of fear of state reprisals against them or their families. Civil society remains deeply concerned about the actions of the police, who have become increasingly militarised. In 2015 the police have shown no willingness to relent in their suppression of the right to protest. Severe limitations to free expression continue hampering the work of Angolan civil society. Independent newspapers and radio stations are under pressure, in particular the Catholic-run Radio Ecclesia. In a positive recent development the government appears to have approved four new licenses for radio stations in Lubango.

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4. In the news Mar 19: Two activists arrested during protest Dec 4: ‘MPLA President Praises Information Technology Developments’ Dec 3: ‘Corruption pervades fast growing economies of China, Turkey, Angola’

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BOTSWANA CIVICUS RATING: NARROWED

1. CIVICUS Analysis According to CIVICUS’ latest analysis, space for civic activism in Botswana is healthy but narrowing. Citizens are free to form NGOs without undue interference from the state and to peacefully assemble and demonstrate in public. However threats to freedom of expression and independent media are cause for concern. When an article published in September 2014 accused the president of a traffic violation, the journalist was forced to flee to safety in South Africa. The offices of the paper that published the story were raided by the security services and computer equipment was confiscated. The campaign period leading up to elections in October 2014 was marred by several violent and intimidatory attacks on opposition politicians and journalists, allegedly carried out by the state security agency.

Freedom of association Freedom of association is coming under threat in Botswana due to the overreach of the state security agency, the Directorate of Intelligence and Security Services (DISS). Civil society groups in Botswana are critical of DISS’ intrusive intelligence methods that undermine basic rights and create a climate of fear. Trade unions, political parties and media organisations all complained – particularly in the run-up to October 2014 elections – about intrusion into their affairs. Freedom of association received a boost in November 2014 following a High Court ruling ordering government to register The Lesbians, Gays and Bisexuals of Botswana (LEGABIBO), an NGO promoting the rights of sexual minorities. In his ruling, Judge TT Rannowane said government’s refusal to register LEGABIBO was unlawful because it ‘violated the applicants’ rights to freedom of expression, freedom of association and freedom of assembly’. Not backing down, the government has subsequently appealed this ruling to the Court of Appeal.

Freedom of peaceful assembly While freedom of assembly is largely respected in Botswana, groups with opposing views have noted recent government interference. For example, the government prevented some organisations from entering the Central Kalahari Game Reserve (CKGR) and broke up demonstrations aimed at raising awareness about the indigenous residents of that area. Civil society groups have also exercised their right to assemble and communicate views about human rights abuses taking place internationally. Recent protests aimed at raising awareness on abuses in Zimbabwe and the Gaza Strip proceeded without hindrance with

CLOSED REPRESSED OBSTRUCTED NARROWED OPEN the relevant ministers accepting petitions.

Freedom of expression Despite constitutional protections, free speech is under threat in Botswana following a series of attacks upon critical media. In January 2015 the website of prominent daily Mmegi was hacked and 12 years of archives deleted. The attack allegedly originated from the Directorate of Intelligence and Security Services (DISS), which reports directly to president Khama. In September 2014 the offices of the Sunday Standard, a prominent national publication, were raided and the police confiscated computer equipment and media files. Sunday Standard’s editor Outsa Mokone was arrested by DISS agents for ‘seditious intention’. His arrest followed a story written by Edgar Tsimane, claiming the president was involved in a road accident in his private vehicle. Threats were issued against Tsimane and he fled to South Africa where he was granted temporary asylum. There is no access to information law in Botswana. Civil society organisations however have worked with opposition parties to draft a Freedom of Information Bill which remains pending due to lack of political will. In a move seemingly designed to increase pressure on private media, government authorities allegedly withdrew their advertising revenue to these outlets. In a leaked memo from December 2014, government listed several private newspapers and one private radio station as not desirable to advertise in.

2. Key scores and analysis

Quantitative Sources: Scale Score CIVICUS Rating Freedom in the World 2015, component E 1-12 10 OPEN on associational and organisational rights (Freedom House) World Press Freedom Index 2015 100-1 22.91 NARROWED (Reporters Without Borders) Political Terror Scale (University of North 5-1 1 OPEN Carolina) Qualitative Sources: So this is Democracy 2013? (Media Institute of Southern Africa) NARROWED Botswana Elections Press Release, 2014 (FIDH) OBSTRUCTED Civic Space Situation on the Ground Brief 2014 (Ditshwanelo) NARROWED

3. Civil Society Consultations In 2015, civil society in Botswana speak of an ‘intangible state of fear’. In a relatively small country with a population of two million, critical voices are easy to identify and those that speak out are easily targeted. Consequently, many

CLOSED REPRESSED OBSTRUCTED NARROWED OPEN people speak with a measure of caution. Trade unions and the media continue to be the most vocal forces for change in Botswana, while mainstream civil society organisations lack the ability to collaborate effectively in implementing long-term advocacy campaigns. Nevertheless, government does listen to civil society: its vocal reaction after the raid on the Sunday Standard is likely to result in government quietly dropping sedition charges against editor Outsa Mokone. Civil society will continue defending civic space in 2015. LEGABIBO (The Lesbians, Gays and Bisexuals of Botswana) will continue its quest to be registered as a NGO while a broader group of civil society lobbies parliament to enact the access to information law.

4. In the news Nov 21: ‘Botswana cowed by Big Brother’s rule of fear’ Nov 15: ‘Botswana gay rights group wins landmark case’ Sept 15: ‘DIS implicated in BCP candidate attack’ July 31: ‘UDC suspects fowl play in Motswaledi’s death’

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DRC CIVICUS RATING: REPRESSED

1. CIVICUS Analysis CIVICUS rates civic space in the Democratic Republic of the Congo (DRC) as Repressed. In January 2015 protests erupted in Kinshasa and Goma after president Joseph Kabila tried to delay elections. Police responded violently to the protestors, killing at least 42 people. Continuing armed conflict in parts of the country between government forces and rebel groups has resulted in some of the worst human rights abuses in living memory. Civic space is all but closed down in these areas. In other parts of the country, government has actively sought to control dissent by targeting human rights activists, journalists and members of opposition parties. Continued threats against human rights defenders in eastern DRC remains a serious concern.

Freedom of association Registering an NGO in the DRC is an extremely bureaucratic process. Organisations must seek approval and receive consent from both the relevant sectoral ministry and the Ministry of Justice. CSOs are then required to work according to the government’s various development policies. Although most civil society organisations in the DRC focus on local or public service delivery issues, those promoting human rights and democracy are subject to close monitoring and sometimes harassment. Foreign NGOs face higher barriers to operation and are required to sign specific agreements with government ministries before starting work.

Freedom of peaceful assembly Political opponents of the president are regularly prevented – sometimes violently – from gathering or demonstrating in public. An amendment to the electoral law that would have delayed the 2016 elections by a few years (thus extending president Kabila’s time in office) was passed by the lower house of parliament in mid-January 2015, leading to widespread protests in Kinshasa and Goma. Thousands of protestors, mainly young people, filled the streets opposing this. Police responded violently, firing into crowds with live ammunition. Reports of casualties varied but most estimates say at least 42 people died. In the face of public opposition, parliament’s upper house rejected the proposed amendments. In August 2014 security forces broke up a peaceful sit-in outside a government office in Goma. Several protestors were beaten and arrested. Protestors in the DRC are required to register with local government in advance, and protests that do not meet this requirement are regularly prevented from taking place.

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Freedom of expression Many DRC journalists and human rights defenders have been forced to flee and live in exile for expressing their opinions in public. Dissenters often face the heavy hand of the state. For example, the information minister recently called for the closure of some community radio stations because they had aired views critical of the government. Violence, intimidation, threats, arbitrary arrests, and judicial proceedings on trumped up charges are common tools used to suppress dissent.

2. Key Scores and Analysis

Quantitative Sources: Scale Score CIVICUS Rating Freedom in the World 2015, 1-12 3 REPRESSED component E on associational and organisational rights (Freedom House) World Press Freedom Index 2015 100-1 44.31 OBSTRUCTED (Reporters Without Borders) Political Terror Scale (University of 5-1 5 CLOSED North Carolina) Qualitative Sources: NGO Monitor Report 2014 (ICNL) REPRESSED Human Rights Watch World Report 2015 – DRC Chapter REPRESSED

3. Civil Society Consultations Although protests in January 2015 led to the scrapping attempts to delay elections, civil society organisations remain concerned about the violence used by authorities in dealing with peaceful protesters. Most do not believe that the government will accept defeat in the senate: a further attempt to delay Kabila’s departure from the presidency is likely. Civil society analysts predict this scenario will lead to further public protests across the country; protests the authorities will likely react violently to. Meanwhile, several political and civil society leaders are in jail as others have gone into hiding or fled abroad.

4. In the news 8 Dec: ‘DR Congo: President Kabila Seeks Third Term’ 24 Nov: ‘Authorities order radio stations to be closed in the DRC’

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LESOTHO CIVICUS RATING: OBSTRUCTED

1. CIVICUS Analysis Prior to elections on 28 February 2015, Lesotho experienced increasing political polarisation. Although civic space in Lesotho remains generally unimpeded, and elections were conducted peacefully, a botched military coup in August 2014 increased tension. Fears linger that violence may re-enter Lesotho’s political and civic space in the near future under a shaky coalition government. Civil society and the media operate on uncertain ground and must be careful not to be perceived as aligned to one political faction or another. Continued SADC monitoring of the current political situation will be important, as civil society voices continue to call for important constitutional and political reforms. The physical assault of a radio presenter earlier this year and the more recent verbal abuse of a foreign correspondent highlight the precarious position of the media in Lesotho.

Freedom of association Local and foreign NGOs, as well as trade unions, church groups and political parties are allowed to register and operate freely in Lesotho. This freedom of association is reflected in results from an Afrobarometer survey released in 2013, showing 90% of Basotho believe they are somewhat free or completely free to join any political organisation of their choosing. Although freedom of association is respected in Lesotho, most civic groups focus on the delivery of critical social services, such as combating the spread of HIV/Aids. There are only a handful of civil society organisations focusing on advocacy in the country; most are under-resourced or subject to pressure from the government.

Freedom of peaceful assembly Strikes, marches and demonstrations are a common feature of public life in Lesotho. However, a fragile political system – which has witnessed multiple coups or attempted coups since independence in 1966 – means that civic space has been periodically restricted. In the concluding months of 2014 and early 2015 – due to a tense political standoff between main governing parties – the police and army have been drawn into sporadic conflict. Guns are occasionally heard in urban areas and lives have been lost due to the political strife. These conditions have created de facto constraints on citizen ability to peacefully assemble in public spaces – confident they will be protected.

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Freedom of expression There are a number of public and private media outlets in Lesotho. Mostly, they operate free from interference. However there have been allegations of political bias against both the state and private media and harassment and intimidation of journalists does occur. In 2014 the owner of two of Lesotho’s three main daily newspapers secured an interdict against three journalists who had attempted to start a rival publication. They have been barred from practicing as journalists for two years. Civil society has condemned this as restricting freedom of expression in favour of the commercial interests of an influential businessman. In November 2014, an international correspondent for Agence France-Presse (AFP) was publicly berated for reporting verbatim quotes from senior government officials related to investigations into foreign mercenaries in Lesotho. The incident highlighted the risky nature of journalism in Lesotho.

2. Key Scores

Quantitative Sources: Scale Score CIVICUS Rating Freedom in the World 2015, 1-12 7 OBSTRUCTED component E on associational and organisational rights (Freedom House) World Press Freedom Index 2015 100-1 28.36 NARROWED (Reporters Without Borders) Political Terror Scale (University of 5-1 2 NARROWED North Carolina) Qualitative Sources: So this is Democracy 2013? (Media Institute of Southern Africa) NARROWED

3. Civil Society Consultations Recent turmoil leading up to the elections has exacerbated political divisions within the country. Despite the formation of a new governmnet, the risk of political violence remains real. Reports indicate that political parties are using the media – radio stations in particular – to increase tensions. In some cases, balanced programming has been sacrificed in favour of endorsing one political party or another. To mitigate the risk of violence during elections, training was conducted for the media; and civil society organisations worked closely with SADC observers to ensure a peaceful and tolerant civic space is safeguarded throughout the elections.

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4. In the news Mar 2: Lesotho’s elections transparent and fair, says SADC Dec 11: ‘S/African VP in Lesotho on peace mission’ Dec 04 ‘’Verbal Lynching’ of journo reveals the dangers of reporting in Lesotho’ Dec 02: ‘EU Statement on the Political Situation and Upcoming Elections in Lesot ho’ Apr 17: ‘MISA condemns ban on Lesotho Journalists’

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MADAGASCAR CIVICUS RATING: OBSTRUCTED

1. CIVICUS analysis The uncertain political terrain in Madagascar continues to impact civic space, which remains in an uncertain situation. Following several years of political upheaval, elections at the end of 2013 produced a new government and the return to some semblance of political normalcy. Nevertheless, Malagasy citizens are fearful that political wrangling is far from over, as former president Andry Rajeolina retains some influence and may plan a return to the presidency in 2018. Journalists and opposition figures have continued to report the use of heavy-handed tactics by the government, who restrict basic freedoms in the process. The current government has been accused of infringing civil rights in order to consolidate power.

Freedom of association Although there are numerous civil society organisations in Madagascar, some focusing on human rights, the government has been accused of targeting those perceived to be critical of the authorities. In an attempt, perhaps, to impress foreign donors, government officials normally do not directly interfere with civil society – preferring behind-the-scenes tactics to get their message across. Civil society organisations are taking advantage of the relative stability, afforded by the transition period, to increase in numbers and influence. Many community or peasant associations operate at a grassroots level. Mostly these groups operate free from political interference, although their influence is limited outside their local area.

Freedom of peaceful assembly Arguably, the freedom to peacefully assemble is currently under the greatest threat in Madagascar. The new government continues to exert tight control over the ability to gather in public places and conduct peaceful demonstrations. Public demonstrations are relatively commonplace in Madagascar but events considered too political are regularly impeded. In 2013 the previous government was accused of using tear gas, live ammunition and other violence against peaceful protestors – particularly those calling for him to step aside and allow free and fair elections. Some protest leaders were injured and others arrested. Incidents like these continue to haunt public memory and create a chilling effect on free assembly.

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Freedom of expression Freedoms of opinion and expression are constrained by criminal defamation laws. The state dominates the media while journalists, who work in the absence of an access to information law, often face harassment. The elections in 2013 marked an improvement in conditions for journalists, who were allowed to cover the polls largely free from harassment. In 2014 conditions remain fragile as the new government seeks to entrench its hold on power. In July 2014 the government said that there were limits to press freedom and cautioned journalists to be on guard. These comments were made shortly before two journalists were arrested and charged with criminal defamation following articles alleging corruption related to Rosewood trafficking. Rosewood is an endangered hardwood that has been subject to a trade moratorium since 2010. Although the charges were withdrawn, the government later adopted a new law allowing jail time of up to 5 years and a heavy fine for anyone found insulting or defaming state representatives online.

2. Key Scores

Quantitative Sources: Scale Score CIVICUS Rating Freedom in the World 2015, 1-12 8 NARROWED component E on associational and organisational rights (Freedom House) World Press Freedom Index 2015 100-1 27.43 NARROWED (Reporters Without Borders) Political Terror Scale (University of 5-1 3 OBSTRUCTED North Carolina) Qualitative Sources: Reporters without borders press freedom press releases July and REPRESSED August 2014

3. Civil Society Consultations Some civil society organisations in Madagascar believe space for civic activism is improving. Civic groups achieved success when they applied pressure through protests in late 2014 and early 2015. Those protests led to the resignation of the prime minister and his cabinet. Public anger over lack of development and continuing power cuts forced the government to resign. Problems persist, however, and civil society continues to lament the police’s use of violence during protests. In December 2014 two protestors were killed during a demonstration in the eastern city of Toamasina. Civil society leaders still face the threat of jail time as a consequence of organising protests.

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4. In the news Oct 18: ‘Madagascar: formidable bond en arrière en matière de démocratie’ Sept 16: ‘Madagascar: de grandes menaces sur la liberté de la presse’ Jul 16: ‘Exercise de comm’

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MALAWI CIVICUS RATING: OBSTRUCTED

1. CIVICUS Analysis Government intimidation and over-zealous policing in Malawi are impeding the activities of citizens and civil society organisations. Malawian activists are at a crossroad under the new. While basic civic freedoms are generally respected, the co-option of civil society leaders is undermining strong and independent non-government voices. Fears exist that the independence of CSOs could be further eroded if restrictive NGO regulations are introduced. Earlier this year, in a positive development, government adopted a new policy on access to information; and government leaders met with media representatives to discuss the potential removal of damaging insult laws.

Freedom of association Citizens have a fair degree of freedom to form and join associations without interference. Several prominent civil society advocacy groups operate in Malawi, including a number promoting the rights of LGBTI people. However civil society is concerned by plans announced by the president in September 2014 to review the NGO Act. The review may lead to intelligence services monitoring the work of NGOs, requiring government approval for any research carried out in the country.

Freedom of peaceful assembly Although authorities have been known to act violently against protestors in recent years, there have not been any incidents of freedom of assembly restrictions since the May 2014 elections. Protests are common in Malawi and large numbers of citizens have taken to the streets to speak out against corruption, calling for more equitable distribution of resources. The Police Act 2009 requires protest organisers to provide authorities with two days’ notice. The Police Act regulations governing assemblies have however been criticised for being vague and inaccessible.

Freedom of expression Freedom of expression and media freedom are relatively healthy in Malawi. The media, both print and electronic, boasts multiple public and private sources of information. Nevertheless, the treatment of a journalist in October 2014 highlights that freedom of expression is not without restriction. Times Group journalist Archibald Kasakura was roughed up and arrested by police after he attempted to cover the violent eviction by police of street vendors. In a more positive move, the government adopted an access to information policy in 2014.

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In November, a senior official in the ministry of information urged the president to adopt access to information legislation.

2. Key Scores

Quantitative Sources: Scale Score CIVICUS Rating Freedom in the World 2015, component E 1-12 7 OBSTRUCTED on associational and organisational rights (Freedom House) World Press Freedom Index 2015 100-1 26.41 NARROWED (Reporters Without Borders) Political Terror Scale (University of North 5-1 2 NARROWED Carolina) Qualitative Sources: So this is Democracy 2013? (Media Institute of Southern Africa) OBSTRUCTED NGO Law Monitor 2014 (International Center for Not-for-profit Law) OBSTRUCTED Civic Space Policy Brief 2014 (Centre for Human Rights & OBSTRUCTED Rehabilitation)

3. Civil Society Consultations Some civil society groups in Malawi believe civic space is declining under the current government. Activists are most concerned over state infiltration of civil society and the media, and impunity for those guilty of violence against protestors. Civil society alleges infiltration is happening behind the scenes and has twin aims: to sow divisions among civic groups and to skew media reports in the government’s favour. During a January 2015 campaign to hold nationwide demonstrations against corruption, civil society activities were negatively affected by a split within their ranks – biased media reports alleged the campaign was motivated by partisan political interests. The peaceful demonstration eventually took place on 17 January 2015. Civil society is concerned over continued impunity for those behind the killings of 19 protestors during mass anti-government demonstrations in July 2011. Recent media reports claim the new government plans to drop any cases connected with wrongdoing by the government of Bingu wa Mutharika, the current president’s brother. On the positive front, civil society is encouraged the government has completed its revisions of a draft access to information bill, which dates back to 2005. It is hoped that the revised bill will be introduced and debated during the current sitting of parliament.

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4. In the news Nov 22: ‘Towards a responsible civil society – elementary thoughts’ Nov 19: ‘Malawi media persuade Mutharika on Table Mountain Agreement, Info rmation Bill’ Oct 21: ‘Reporter beaten as Misa-Malawi condemns police criminal act’ Sept 24: ‘Malawi Civil Society challenged to be transparent: NGO law to be revie wed’

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MOZAMBIQUE CIVICUS RATING: OBSTRUCTED

1. CIVICUS Analysis Despite the presence of an active civil society, the future security of civic space in Mozambique is uncertain. Space to assemble still exists, as evidenced by recent civil society protests against a bill designed to increase privileges for Mozambique’s legislators. Those protests were effective and the government returned the bill to parliament for further consideration. Parliament’s passing of the Freedom of Information Bill in November 2014 is another development that should further open civic space. However work is still required to instil a more democratic culture, as seen when riot police used live ammunition to break up a workers’ protest in Tete, a city in central-western Mozambique.

Freedom of association Freedom of association is heavily regulated in Mozambique. Citizens are required to have at least ten founding members if they wish to form and register an association. The Law of Association imposes other regulatory hurdles and states that foreign organisations cannot register if their aims are contrary to ‘national public order’. Once registered however, most NGOs operate freely. Freedom of association in the workplace is mostly respected.

Freedom of peaceful assembly Late in 2013, thousands took to the streets to protest against the spectre of civil war and an increase in violent crime. Those protests went ahead peacefully and, largely, without incident. There have however been other recent examples of violations of the freedom to peacefully assemble, including when a protestor was injured by live ammunition at a workers’ protest in Tete in November 2014.

Freedom of expression In a major victory for civic space and freedom of expression, Mozambique’s National Assembly passed a new Freedom of Information Bill in November 2014. Once signed into law, this bill will allow citizens to access government information that is in the public interest, strengthening accountability and reducing opportunities for corruption. Journalists have strong constitutional protections, bolstering press freedom. However the provisions of the 1991 Press Law undermine these protections. Frequent attacks, harassment and intimidation against journalists by the authorities further affects press freedom. Mirroring many countries in southern Africa, defamation and libel are criminalised and offenders – often journalists – can face fines or prison sentences up to two years. The state controls many of the main media sources,

CLOSED REPRESSED OBSTRUCTED NARROWED OPEN and access to independent information is further restricted because of the lack of internet access for the overwhelming majority of Mozambicans.

2. Key Scores

Quantitative Sources: Scale Score CIVICUS Rating Freedom in the World 2015, 1-12 7 OBSTRUCTED component E on associational and organisational rights (Freedom House) World Press Freedom Index 2015 100-1 29.98 NARROWED (Reporters Without Borders) Political Terror Scale (University of 5-1 3 OBSTRUCTED North Carolina) Qualitative Sources: So this is Democracy 2013? (Media Institute of Southern Africa) REPRESSED

3. Civil Society Consultations Several civil society analysts, basing their conclusions on recent developments, believe space for civic activism is improving in Mozambique. Civil society organisations will be paying close attention to the implementation of the new access to information law, introduced during the last session of parliament in 2014. In addition, a new code of conduct for civil society has recently come into effect and will be enforced by the sector itself. This code is aimed at improving the quality and accountability of civil society work. Civil society groups are also hopeful that government in 2015 will adopt a new association law drafted by the sector. NGOs remain cautiously optimistic that the reforms will continue in 2015 under the new government.

4. In the news Dec 11: ‘Post-election Mozambique: Here comes an era of uncertainty’ Nov 26: ‘Mozambique: Assembly passes Freedom of Information Bill’ Nov 19: ‘Mozambique: Police investigating use of firearms against Tete riots’

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NAMIBIA CIVICUS RATING: NARROWED

1. CIVICUS Analysis Namibia’s good reputation for respecting civic freedoms was blemished in the run-up to elections in November 2014. Civil society organisations documented a series of attacks against the media, human rights activists and political parties, most of them perpetrated by state agents. Attacks against journalists, and the death of a female protester in particular, are serious threats to Namibia’s traditionally open civic space. Civil society is also concerned by the new government’s attempt to undermine the separation of powers by introducing a constitutional amendment bill into parliament without consultation. Moreover, new president Giengob is reported to have attacked civil society organisations on his Facebook page, labelling them ‘failed politicians’.

Freedom of association Namibia respects the right of citizens to associate with one another and form organisations, including NGOs, trade unions, faith-based groups and political parties. Organisations focused on promoting human rights and democracy are also allowed to freely operate and have felt strong enough to criticise the government. At times however these critiques attract threats from government ministers. Namibia’s liberal laws mean citizens can form an organisation without the need for government approval. Voluntary associations are easy to establish and do not need to be registered with any government body. Registration is required, though, if the organisation is conducting ‘public welfare’ activities.

Freedom of peaceful assembly Peaceful protests take place regularly across the country on a number of issues, from corruption to poor service delivery and land redistribution. The Public Gatherings Proclamation 1989 requires organisers of a demonstration involving more than 20 people to notify police in advance. There have been previous instances when police have restricted protests, and there is concern over lingering pre-independence statutes that can be invoked to curb the fundamental right to peacefully assemble. In an unusual sight for Namibia, political violence erupted on the streets of the capital Windhoek in late August 2014 as the children of struggle veterans protested about a lack of jobs. Police shot dead one female protester, claiming in their defence that the group was armed. The protesters denied these claims and alleged that the police overreacted to their demonstration, which was held in front of the ruling South West Africa People’s Organisation (SWAPO) party headquarters.

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Freedom of expression Free expression in Namibia benefits from strong constitutional protections and, since independence from South Africa in 1990, government support for a free press. Nevertheless, there are a number of ways in which these commitments are being undermined. Most recently, during the build up to Namibia’s November 2014 elections, both governing and opposition party politicians harassed individual journalists. In some cases the scribes were attacked because of critical stories they had written, or for simply not covering certain campaign activities. In one worrying case, a ruling party official – who is seen to be close to the new president – invaded a radio studio. Prior to this, other senior figures including former president Sam Nujoma used the criminal defamation law to harass independent media through the courts. Although difficult to measure, a number of journalists and media houses practice self-censorship to avoid harassment by the state. Despite a pledge from a government minister in 2013 and a high profile civil society campaign, Namibia has still not enacted an access to information law. Access to information is further curtailed as only 14% of the population has access to the internet.

2. Key Scores

Quantitative Sources: Scale Score CIVICUS Rating Freedom in the World 2015, 1-12 12 OPEN component E on associational and organisational rights (Freedom House) World Press Freedom Index 2015 100-1 12.5 OPEN (Reporters Without Borders) Political Terror Scale (University of 5-1 2 NARROWED North Carolina) Qualitative Sources: So this is Democracy 2013? (Media Institute of Southern Africa) OBSTRUCTED

3. Civil Society Consultations Namibian civil society in 2015 plans to re-engage with government on stalled access to information legislation. The Law Reform and Development Commission (LRDC) was tasked with drafting a law in early 2014 but in the face of other legislative priorities – including a revision to the Electoral Law – no progress was made. Over the next few months, NGOs hope to influence the drafting process to ensure the proposed protection of information laws do not trump the right to access information. Civil society in 2015 will seek further clarity from government on the implementation of controversial regulations that require organisations to obtain government approval before any research

CLOSED REPRESSED OBSTRUCTED NARROWED OPEN takes place. Although those regulations (introduced under the Research, Science and Technology Act 2004) have not yet been enforced, they carry a penalty of up to five years in jail for individuals who conduct research without approval.

4. In the news Nov 29: ‘Freelance journalist assaulted in Khorixas’ Nov 27: ‘Political parties, security forces must uphold journalists’ safety during e lection period’ Nov 18: ‘Namibia: Youths protest over houses, cheap land’ Aug 27: ‘’Struggle Kid’ shot dead in Namibia protest’ Aug 13: ‘MISA Namibia condemns assault on journalist by SWAPO leader’ Aug 12: ‘Mass demo against law amendments’

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SEYCHELLES CIVICUS RATING: NARROWED

1. CIVICUS Analysis Although some degree of civic space exists in Seychelles, government maintains control of citizen rights to speak freely, assemble and form groups opposed to official interests. Conditions for independent media are particularly difficult. A controversial Public Order Act introduced in 2014 also threatens to curb freedom of peaceful assembly. The staffing of the new Human Rights Commission, established in 2014, may go some way in improving respect for civic space.

Freedom of association Civil society organisations and political parties are allowed to operate in Seychelles, but with limitations. The government is sensitive to criticism. Officials occasionally interfere with people’s freedom to operate autonomously. Legislation allows for registration of organisations, which is normally routine and quick. Space for dialogue with government exists and is structured through a national civil society platform.

Freedom of peaceful assembly The Public Order Act 2013 came into effect on 6 January 2014 and places wide ranging powers in the hands of government through the Commissioner of Police. Article 5 of the Act states: ‘the Commissioner may, if it appears to him or her to be necessary or expedient in the interests of public order so to do, in such manner as he may think fit … control and direct the conduct of all public gatherings’. A person who does not comply with an order of the Commissioner under the Act can be jailed for up to two years. Although there are no reports of this provision having been implemented yet, such a provision in law is an undue restriction on the freedom to peacefully assemble. Such a provision could well act to deter citizens from exercising their civic rights in Seychelles.

Freedom of expression Freedoms of speech and media are the most constrained areas of civic space in Seychelles. The government continues using its power to monopolise the information disseminated through mainstream media, and to harass and encourage self-censorship amongst independent outlets. There were reports in the past year of harassment of editors and threats against journalists and ordinary citizens for exercising their views. The Seychelles Media Commission (SMC), a statutory regulatory body, published a code of conduct for journalists in 2014. Although it is hoped this code will improve the quality of reporting in

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Seychelles, the independence of the SMC is called into question because the president appoints four of its seven commissioners. The SMC is also leading efforts to draft an access to information law.

2. Key Scores

Quantitative Sources: Scale Score CIVICUS Rating Freedom in the World 2015, 1-12 9 NARROWED component E on associational and organisational rights (Freedom House) World Press Freedom Index 2015 100-1 31.55 NARROWED (Reporters Without Borders) Political Terror Scale (University of 5-1 2 NARROWED North Carolina)

3. Civil Society Consultations Despite civic space in Seychelles remaining somewhat constrained, civil society analysts believe conditions are improving. In particular, civil society has communicated a wide range concerns over a range of provisions in the Public Order Act, which they contend increases government control over the right to assemble. There are now signals from government that – pending court adjudication – it might be willing to reconsider some repressive aspects of the controversial Public Order Act that came into force in January 2014. A court case challenging the constitutionality of the Act was still pending at the time of writing but should be heard in the first half of 2015. Civic groups are also encouraged by the inclusion – in a January 2015 cabinet reshuffle – of civil society as a distinct area of responsibility within vice president Danny Faure’s portfolio. Finally, civil society in Seychelles hopes concrete progress will be made to enact an access to information law in 2015. During a visit by African Union special rapporteur on expression and access to information, Pansy Tlakula, president James Michel stressed the importance of freedom of expression and access to information. Work on a draft access to information law is expected to begin this year.

4. In the news Oct 3: ‘Data gaps a major concern as Seychelles falls in Ibrahim Index of African Governance’ Jun 19: ‘Seychelles media are polarised, says Reporters Without Borders’ Apr 4: ‘US criticises Seychelles’ Public Order Act’ Mar 27: ‘National Human Rights Commission Sworn Into Office’

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SOUTH AFRICA CIVICUS RATING: OBSTRUCTED

1. CIVICUS Analysis Despite a strong culture of civic activism and a progressive constitution, South Africans are witnessing declining respect for civic space, particularly the rights to assemble peacefully and freely express opinions. South Africa experiences a high number of public demonstrations, and while the vast majority of them are conducted peacefully, police continue to employ restrictive and violent measures to curb some protests. The government has increased its efforts to impose a culture of secrecy by attempting to control critical or inconvenient information. Government departments often refuse to respond to requests for access to information while officials collude with the private sector to establish control over sections of the independent media. Taken together, these efforts create a climate of fear and uncertainty. Even though basic freedoms are clearly defined and enshrined in the constitution, many citizens feel they do not have access to a safe and enabling civic space.

Freedom of association South African law allows for many types of NGOs to be formed, from community-based organisations to trusts and non-profit organisations. Registration is not mandatory, however many groups choose to formally register as non-profits under the Non-Profit Organisations (NPO) Act 1997. Registration as an NPO allows access to public funding (through the national lottery for instance) and tax exemption status. As of 2012, it was reported that over 80,000 NPOs had been registered. Civil society has criticised government for being too quick to deregister organisations due to non-compliance when they have not established the necessary appeals and arbitration mechanisms. Civil society has also criticised a proposed government policy on NPOs to replace the current system with a new body designed to improve the quality of reporting and compliance. Civic groups feel the policy places too much emphasis on regulation and not enough on encouraging a spirit of cooperation between NGOs and government.

Freedom of peaceful assembly There are thousands of public gatherings in South Africa each year; most are peaceful and focused on local issues. Some however turn into confrontations with the South African Police Service (SAPS), who have been criticised for using excessive force in dealing with demonstrations it perceives as unruly or destructive. One report describes how police killed four peaceful protestors in the first three weeks of 2014. Impunity for police officers involved in the killing

CLOSED REPRESSED OBSTRUCTED NARROWED OPEN of protestors heightens fears this heavy-handed approach to quashing protests has received political endorsement. Police violence during protests, therefore, is likely to continue. No officers have been convicted for the killings of Andries Tatane, Mido Macia, or the 34 miners killed at Marikana on 16 August 2012. All three of those incidents were caught on video and widely circulated.

Freedom of expression South African citizens regularly express their views in public gatherings, on live radio and via print media. Criticism of the government is frequent and, in most cases, permitted. In some instances, however, expressing views openly can have severe consequences. The ‘Right2Know’ campaign has documented at least 17 whistleblowers who, in 2014, lost their jobs, faced legal harassment or were killed because of attempts to expose corruption. The media continues to expose much wrongdoing by public figures in South Africa, however new ownership patterns are emerging that mean large sections of the print and electronic media are now controlled by individuals with close ties to president Jacob Zuma. The national broadcaster, South African Broadcasting Corporation (SABC), continues to be accused of pro-government bias. In a directive that was laughed off by much of the media and public, SABC chief operating officer Hlaudi Motsoeneng recently ordered the SABC to report 70% ‘good news’.

2. Key scores

Quantitative Sources: Scale Score CIVICUS Rating Freedom in the World, component E 1-12 12 OPEN on associational and organisational rights (Freedom House) World Press Freedom Index 2015 100-1 22.06 NARROWED (Reporters Without Borders) Political Terror Scale (University of 5-1 4 REPRESSED North Carolina) Qualitative Sources: So this is Democracy 2013? (Media Institute of Southern Africa) OBSTRUCTED NGO Law Monitor 2014 (International Center for Not-for-profit NARROWED Law) Secret State of the Nation Report 2014 (Right 2 Know Campaign) OBSTRUCTED

3. Civil Society Consultations Barriers to accessing government information are of critical concern to South African civil society. Despite enabling legislation, many access to information requests continue to be denied – often leading to costly and lengthy court

CLOSED REPRESSED OBSTRUCTED NARROWED OPEN battles. Requests that are approved can take several months to be resolved. Lack of information hampers the investigative, watchdog and advocacy roles of civil society organisations. In 2015 civil society is expected to continue repelling attempts to impose the restrictive Protection of State Information Bill (known as the ‘Secrecy Bill’) while pushing for greater compliance with access to information commitments. Civil society in South Africa will also be at the forefront of creating more conducive conditions for civic activism in poor communities, where insecurity, xenophobic attacks and violent service delivery protests are creating difficult conditions for peaceful activism. In this regard, civil society continues to enjoy space to participate with local, provincial and national governments on many joint initiatives aimed at building greater social cohesion.

4. In the news Dec 4: ‘Hundreds of extended public works employees picket in city centre’ Nov 28: ‘Government condemns asylum seeker protest’ Nov 28: ‘Secrecy Law poses ‘real threat’ to independent press in SA – Ferial Haffajee’ Feb 12: ‘Research shows sharp increase in service delivery protests’ Jan 20: ‘Four bodies in three weeks’

CLOSED REPRESSED OBSTRUCTED NARROWED OPEN

SWAZILAND CIVICUS RATING: REPRESSED

1. CIVICUS Analysis Civic space in Swaziland is severely restricted, making it one of the most difficult environments for civil society in southern Africa. Citizens face many barriers when gathering in public places and often face reprisals when expressing their views openly. In one of the world’s last remaining absolute monarchies, it is unsurprising that no legal mechanism exists to form political parties. Trade unions and civic groupings deal with constant interference from the state. King Mswati’s government has total control over the police, prosecution and judiciary. These arms of government shut down dissent by arresting, detaining and convicting critics of the regime. Several activists have been arrested, charged and imprisoned over the past year simply for criticising the government or calling for political change.

Freedom of association Although NGOs and trade unions can be formed, government infiltration and deregistration is common. In 2014 government refused to recognise the national trade union federation. Moreover, prime minister Sibusiso Barnabas Dlamini threatened to ‘strangle’ or ‘discipline’ – using the siSwati word ‘Abakhanywe’ – the federation’s secretary general Vincent Ncongwane. The prime minister made the threat after Ncongwane participated in a Swaziland democracy protest outside the White House in Washington DC. Political parties remain banned. The People’s United Democratic Movement (PUDEMO), the main party operating underground, has been proscribed by government, which views it as a terrorist organisation. Several PUDEMO activists are in jail awaiting trial for a range of offences following protests in May 2014. Government officials often vilify civil society groups and agents of the state actively undermine efforts to unify the democratic movement in Swaziland.

Freedom of peaceful assembly Although Swaziland’s constitution provides for this right, citizens are not freely able to gather in public places. Demonstrations in large urban areas and near the main university campus are rarely allowed to proceed. Tight bureaucratic procedures and close police monitoring keep a lid on many planned protests. In 2014 government refused permission for several protests and marches to take place. Police put protest leaders under house arrest before gatherings commenced and set-up cordons on the main access routes to towns, thus preventing the arrival of demonstrators. When protests do occur, police are

CLOSED REPRESSED OBSTRUCTED NARROWED OPEN liberal in their use of batons and tear gas. Torture and false imprisonment of protestors has been well documented.

Freedom of expression There are no independent daily newspapers in Swaziland. The Times of Swaziland Group of Newspapers is privately owned but far from independent as it bows to powerful interests. Nor are there any independent television or radio stations. There is an independent monthly publication, The Nation, with limited circulation. A number of online blogs post information critical of the government, however few Swazis have access to these. Citizens are not free to express their opinions and, should they choose to do so, they risk being harassed by the police, evicted from their land or denied privileges such as jobs or scholarships for their children. Criticising the King is a serious offence for which citizens and journalists face stiff penalties. In a widely publicised case in 2014, the government jailed a journalist and editor for two years for contempt of court following an article highlighting judicial corruption. Many other activists are forced to live in exile in South Africa having been threatened with jail or death for expressing their views openly.

2. Key Scores

Quantitative Sources: Scale Score CIVICUS Rating Freedom in the World, component E 1-12 2 CLOSED on associational and organisational rights (Freedom House) World Press Freedom Index 2015 100-1 47.28 OBSTRUCTED (Reporters Without Borders) Political Terror Scale (University of 5-1 3 OBSTRUCTED North Carolina) Qualitative Sources: So this is Democracy 2013? (Media Institute of Southern Africa) REPRESSED Press Release 2014 (Amnesty International) REPRESSED Press Release 2014 (FIDH) REPRESSED

3. Civil Society Consultations In the face of harsh state repression, Swaziland’s civil society continues to campaign for reform. For a number of reasons, however, activists in Swaziland do not expect conditions for civic space to improve in 2015. Space for public protest will likely remain very limited, as the government continues its policy of preventing mass gatherings in built up areas and placing protest leaders under house arrest prior to demonstrations. Many civil society groups in Swaziland

CLOSED REPRESSED OBSTRUCTED NARROWED OPEN remain weak due to a combination of low funding, internal disagreements on strategy, and infiltration by government officials. Therefore, although organisations and initiatives will move forward, most of them are unlikely to succeed in their aim of opening up democratic space. Finally, the media in Swaziland remains tightly controlled. Economic pressure and judicial retribution on independent outlets like The Nation might result in that publication’s closure during 2015, as its editor Bheki Makhubu languishes in jail.

4. In the news Dec 16: ‘Review country’s AGOA exclusion’ Dec 2: ‘TUCOSWA applies for registration’ Nov 19: ‘Nothing sinister about terrorism law’

CLOSED REPRESSED OBSTRUCTED NARROWED OPEN

TANZANIA CIVICUS RATING: OBSTRUCTED

1. CIVICUS Analysis Tanzania is recognised as one of southern Africa’s most open societies, with a relatively free press and high level of respect for civil liberties. A draft constitution will go to referendum in April 2015, seeking to strengthen the country’s bill of rights, and should therefore offer further protection for civic space. At the same time, authorities are undermining respect for the freedoms of peaceful assembly and expression. These are worrying developments ahead of elections in 2015, expected to be the most hotly contested vote in Tanzania’s history.

Freedom of association This right is also protected in practice and instances of deregistration or interference by government are relatively rare. The Non Governmental Organisations Act 2002 allows for registration to take place at district, regional and national levels. Organisations are required to lodge with officials their constitution, particulars of the founding members and the address and physical location of the group. Organisations are also required to pay an annual fee of $50 to maintain their registration.

Freedom of assembly Organisers of marches, protests or demonstrations are required by law to notify police in advance. In practice however, police often believe their express approval is required before a public gathering can take place. Police claimed that because express approval was not sought beforehand, a women’s march before State House and a protest rally by the Masai community in 2014 were deemed illegal. Protests by opposition parties against the adoption of the draft constitution were also broken up and several opposition leaders arrested. These are troubling signs ahead of an important year in 2015 when Tanzania will hold a constitutional referendum and elections. Both vote counts are likely to be keenly contested by the governing Chama Cha Mapinduzi (CCM) and opposition political parties. As Tanzania’s economic interests turn more and more towards the extractive industry, human rights abuses committed by mining companies, or in collusion with them, are likely to become more frequent. Many environmental rights activists have already come under extreme pressure because of attempts to highlight these abuses.

CLOSED REPRESSED OBSTRUCTED NARROWED OPEN

Freedom of expression Tanzania boasts several independent newspapers and online news-sites and blogs. Nevertheless, government-aligned media dominates the television space and Tanzania has not yet passed a freedom of information law, restricting full access by citizens to objective information. There are no overt restrictions on access to mobile phones or internet technology, but access to a decent internet connection is out of reach for many. The Media Council of Tanzania, a self- regulation body, has been effective at improving standards of journalism while defending the rights of its members in cases where they have been harassed or attacked. Attacks on journalists and some independent media houses spiked two years ago, causing disquiet among a media industry used to operating without interference from the state.

2. Key Scores

Quantitative Sources: Scale Score CIVICUS Rating Freedom in the World 2015, 1-12 7 OBSTRUCTED component E on associational and organisational rights (Freedom House) World Press Freedom Index 100-1 28.09 NARROWED 2015(Reporters Without Borders) Political Terror Scale (University of 5-1 3 OBSTRUCTED North Carolina) Qualitative Sources: So this is Democracy 2013? (Media Institute of Southern Africa) OBSTRUCTED

3. Civil Society Consultations As elections approach in 2015, civil society organisations in Tanzania are on guard. In January 2015, local media freedom advocates were alarmed at the banning of prominent weekly newspaper The East African. The paper was banned following publication of articles and cartoons perceived as critical of the government. Looking ahead, with October 2015 elections planned, it is feared government may continue to control civic space, particularly freedom of expression. Tanzania’s opposition is reportedly planning to field a single opposition candidate, making these elections likely to be the closest in 54 years since the ruling party took power. Civil society will be actively involved in civic education campaigns leading up to the referendum on a new constitution, scheduled for April 2015. Some activists are concerned the referendum campaign will also be contested in a way that threatens civic space. In January, a religious radio station was reportedly warned by government that it might face sanctions if it continued to air programmes opposing the new constitution.

CLOSED REPRESSED OBSTRUCTED NARROWED OPEN

4. In the news Dec 12: ‘Boycott fails in Tanzania’ Dec 07: ‘Tanzanian police question Masai protest leader before rally’ Oct 06: ‘Tanzanian police detail women opposition members after protest’ Sep 27: ‘Tanzania police arrest several people in opposition protests’

CLOSED REPRESSED OBSTRUCTED NARROWED OPEN

ZAMBIA CIVICUS RATING: OBSTRUCTED

1. CIVICUS Analysis The conditions for civic activism in Zambia have deteriorated over the past three years. Following closely fought elections in January 2015 the new government is being called upon to keep election promises that could reverse this trend. Since 2011, the government has implemented restrictive NGO legislation that hampers civil society’s ability to mount effective campaigns. Prosecutors and police are known to pursue political opponents using archaic public order and criminal defamation laws. Alongside these unwelcome regulatory and judicial developments, Zambia has seen an attack on a prayer meeting; the banning of opposition rallies; and the early closure of parliament. The media have also come under increasing pressure, with dissenting views now confined to a handful of online publications and community radio stations – which have a limited audience in Zambia. During his brief time as justice minister in 2014, the current presidnet took a number of steps towards reconciling relations with civil society.

Freedom of association In practice, civil society organisations are fairly free to operate. It is extremely rare for an organisation to be deregistered and citizens are free to form political parties, trade unions, clubs or other associations to advance collective interests. In 2013 the government attempted to rigorously implement a 2009 NGO Act specifically to regulate the operation of organisations working in the non- governmental sector. This law has been heavily criticised for violating the constitution and a number of basic principles of freedom of association, as enshrined in international law. In late 2014, following pressure and the threat of court action by civil society groups, government agreed to reconsider the law’s problematic provisions in consultation with civil society.

Freedom of peaceful assembly The Public Order Act is routinely abused by police, who require organisers of marches and rallies to secure permission before the gathering can be held. Political rallies are tightly controlled and permission for events in large urban areas is often refused. Police have also been accused of using aggressive tactics against civil society protestors and ignoring the violent actions of ruling party supporters.

CLOSED REPRESSED OBSTRUCTED NARROWED OPEN

Freedom of expression An access information law has been in the pipeline for over three years. The current government, however, has not progressed its passage since coming to power in 2011. In reality, independent journalists face harassment, physical assault and legal suits by the government in an attempt to prevent critical reporting. Recently, several community radio stations have been raided and the government revoked licenses that would have allowed more radio stations to operate nationally in early 2014. Former president Sata said that those stations would become mouthpieces for the opposition.

2. Key scores

Quantitative Sources: Scale Score CIVICUS Rating Freedom in the World, component E 1-12 7 OBSTRUCTED on associational and organisational rights (Freedom House) World Press Freedom Index 2015 100-1 34.35 NARROWED (Reporters Without Borders) Political Terror Scale (University of 5-1 3 OBSTRUCTED North Carolina) Qualitative Sources: So this is Democracy 2013? (Media Institute of Southern Africa) REPRESSED

3. Civil Society Consultations Zambian NGOs were generally satisfied with the January 2015 elections. They noted the vote was conducted peacefully and there were no major violations of civic space. Civil society groups are now hopeful that the new government will deliver on election promises that could increase civic space. These include introducing a new constitution (with a strengthened bill of rights) and continued dialogue on legislation governing NGOs. Because the next elections are only 20 months away, civil society hopes government will adopt a conciliatory approach towards dialogue with a range of civic groups. The close election result is also expected to create a more level playing field and more inclusive dialogue ahead of elections in 2016. Nevertheless, the government faces an uphill battle. The absence of an access to information law remains a barrier to the work of civil society, and reform of public order policing and other restrictive regulations will require strong leadership. Undoubtedly, the introduction of a new constitution will top civil society’s list of priorities over the next two years. An influential civil society coalition will continue its work in the coming months, pressuring government to adhere to a roadmap released during the election campaign.

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4. In the news Dec 13: ‘PF thugs attack Muvi TV reporter...’ Nov 18: ‘Zambia: CSOs map plan to remove laws that criminalise freedom of exp ression’ Nov 12: ‘Zambian civil society pushes for new constitution’

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ZIMBABWE CIVICUS RATING: REPRESSED

1. CIVICUS Analysis Despite a progressive new constitution, civic space in Zimbabwe rests on shaky ground. Political intolerance and undemocratic laws make life difficult for civil society organisations. Journalists continue to be assaulted, arrested and harassed with impunity by agents of the ruling party. Conditions for free expression and public protest are seriously restricted. In recent months the ruling Zimbabwe African National Union – Patriotic Front (ZANU-PF) has absorbed itself in internal factional fighting with questions on who will succeed current president Robert Mugabe. As the ruling party focuses more on its own problems, authorities are paying less attention to the work of civil society. In practice, therefore, these groups have been freer to occupy the civic space and carry out work at the grassroots level. Activists warn, however, that this may be an ‘artificial’ opening of space since many repressive laws remain on the statute books; laws that are selectively applied depending on how authorities assess the ‘threat’ from the organising group.

Freedom of association Civic groups, especially human rights organisations, have long been subject to intense scrutiny, harassment and periodic raids by Zimbabwean security services. ZANU-PF officials regularly vilify civil society groups, often branding them ‘agents of the West’ and usurpers of Zimbabwe’s sovereignty. In the face of countless threats, NGOs have proven resilient and continue defending the rights of ordinary citizens while pushing for accountability, transparency and respect for human rights.

Freedom of peaceful assembly Despite years of repression, civic groups at the grassroots and national levels continue exercising their right to peacefully assemble and demonstrate against poor services or injustices. In recent months police have forcefully disrupted some demonstrations, while other gatherings – perceived as less political – have gone ahead unimpeded. For instance, the Bulawayo Progressive Residents Association organised a successful demonstration against the introduction of water metres in the city.

Freedom of expression In a surprise move earlier this year, the Zimbabwean Constitutional Court declared invalid the law on criminal defamation. This potentially has opened space for more journalistic freedom, however the law itself is yet to be tested

CLOSED REPRESSED OBSTRUCTED NARROWED OPEN and much self-censorship pervades Zimbabwe’s media. Independent journalists are being attacked and arrested for attempting to cover government activities. Government control of electronic media, self-censorship in the print media and low internet access means most citizens are unable to fully realise their right to freedom of expression. This is compounded because there is no access to information law in Zimbabwe.

2. Key scores

Quantitative Sources: Scale Score CIVICUS Rating Freedom in the World, component E 1-12 3 REPRESSED on associational and organisational rights (Freedom House) World Press Freedom Index 2015 100-1 39.19 NARROWED (Reporters Without Borders) Political Terror Scale (University of 5-1 3 OBSTRUCTED North Carolina) CIVICUS analysis of qualitative Sources: Quarterly media freedom monitor Aug-Sept 2014 (MISA- REPRESSED Zimbabwe) NGO Law Monitor 2014 (International Center for Not-for-profit OBSTRUCTED Law) Human Rights Watch 2013 Report - Zimbabwe REPRESSED

3. Civil Society Consultations Conditions for civil society in Zimbabwe remain highly uncertain. Enabling laws that would breathe life into the new constitution have not been introduced. Compared to the past few years, however, there has been a lull in the violence experienced by civil society organisations. Despite this lull, analysts remain fearful that once the ruling party’s internal succession battles have played out, the authorities’ focus will once again return to clamping down on opposition voices in civil society. Regardless of the threat, advocacy continues. Many groups are using the space that is available pushing for a range of reforms; arguing for an improvement in local government service delivery and the public release of the voters roll. Civil society groups remain concerned in particular at inconsistent applications of the law and the impunity afforded to politically well-connected individuals.

4. In the news Nov 15: ‘Farm workers evicted, protests held in Matebeleland’ Oct 19: ‘Police must be reformed to peacefully manage public order, civil society organisations urge’

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