STORIES FROM THE LOCKDOWN

ACTI­VIZENSHIP CIVIC SPACE5 WATCH REPORT 2020 CZECHIA 69

STORIES FROM THE LOCKDOWN – LEARNING FROM CIVIC SPACE WATCH Civic space in Czechia is rated “Open” on the CIVICUS Monitor. SOs helped Czech democracy to grow amidst the post-communist transition but, C as in other Eastern European countries, they are still facing low trust by the public, weak government recognition and insufficient media attention. In recent years, and especially since the 2017 elections, the public perception of NGOs has been characterised by a steady decline, mirroring similar developments across Central and Eastern Europe. This distrust reflects societal fears and suspicions that opportunistic political forces are sometimes exploiting to limit democracy1. They

70 have repeatedly attacked voices that are critical of their actions by labelling them as “political”, threatening cuts of state funding and closing their access to the policy-making. Nevertheless, these worrying developments do not affect the overall sustainability and resilience of the Czech CSOs. In this context, the COVID-19 crisis magnified these trends: on the one hand, democratic voices have been targeted by smear campaign of politicians; on the other hand, civic actors have been on the frontlines to respond to the socio-economic and democratic challenges raised by the pandemic.

1 Activizenship #3 – Democracy under stress – rebuilding trust – rights for all (2019).

ACTIVIZENSHIP #5 THE SECTOR IN NUMBERS Population of the country (2020) 10,69 million Public benefit Branch corporations Number of CSOs registered in the country (2020) associations 1,8% 18% Endowment 130,000 (-0,43% compared to 2019) Associations funds 1% Number of people employed by the sector (2017) 78% Entities by legal form Institutes 105,292 (2017) 0,8% Foundations Number of volunteers (2017) 0,4% 26,964 (0,24% of the total population)

SOURCE: 2019 CIVIL SOCIETY ORGANIZATION SUSTAINABILITY INDEX, BY UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT BUREAU FOR DEMOCRACY, CONFLICT AND HUMANITARIAN ASSISTANCE CENTER OF EXCELLENCE ON DEMOCRACY, HUMAN RIGHTS AND GOVERNANCE (2020) DISTRIBUTION OF CSOS BY FIELD OF ACTIVITY (2013)

Not classified Housing 9% 1% Environment Health 1% 3% Political parties, unions, Recreation professional association and culture 3% 10% Religion Education 4% 62% Social services 7%

SOURCE: CIVIL SOCIETY IN CENTRAL AND EASTERN EUROPE: CHALLENGES AND OPPORTUNITIES, ERSTE STIFTUNG STUDIES (2017)

THE ECONOMIC WEIGHT OF THE SECTOR

Budget of the sector (2016):

Philanthropy or giving 13% Governmental Individual Corporate Foreign institutions donors, donors resources 19.4 billion* including 2.9 billion 1.98 billion Revenues from voluntary work (approximately the sale/provision Sources of funding 11 billion 5.6% of total of goods and services resources of the (2014) 22% sector)

*THE MAJORITY OF THE FUNDING GOES TO SPORT AND SPORT ACTIVITIES: IN 2017, IT REACHED ONE-THIRD OF THE OVERALL AMOUNT SOURCE: 2018 CIVIL SOCIETY ORGANIZATION SUSTAINABILITY INDEX, BY UNITED STATES AGENCY FOR INTERNATIONAL Public DEVELOPMENT BUREAU FOR DEMOCRACY, CONFLICT AND HUMANITARIAN ASSISTANCE CENTER OF EXCELLENCE ON resources DEMOCRACY, HUMAN RIGHTS AND GOVERNANCE (2019); 2018 REPORT ON THE STATE OF CIVIL SOCIETY IN THE EU 65% AND RUSSIA, EU-RUSSIA CIVIL SOCIETY FORUM (2019)

SOURCE: CIVIL SOCIETY IN CENTRAL AND EASTERN EUROPE: CHALLENGES Level of trust towards the sector (2019) AND OPPORTUNITIES, ERSTE STIFTUNG STUDIES (2017) Autumn 2019: 33% trust NGOs (-5% compared to spring 2019) 58%t do not trust (+6% compared to spring 2019) SOURCE: PUBLIC OPINION RESEARCH CENTER (CENTRUM PRO VÝZKUM VEŘEJNÉHO MÍNĚNÍ) CIVIL SOCIETY IN TIMES OF PANDEMIC Victim of the virus, or more resilient than ever?

By Pavel Havlicek, Association for International Affairs 72 n the past months, the Czech we have seen – for example – in Hungary to reclaim citizens’ rights and freedoms Republic has been no exception or Poland. And even if some represent- back to a full extent.2 in being hit hard by the COVID-19 atives of the Government made these pandemic. The Czechs, including attempts, the Czech society, independent CZECH DOMESTIC their civil society, have gone through media and civil society as well as the LANDSCAPE Iturbulent times and moments of sudden political opposition, courts and legal In recent years, the whole of EU has lockdown. After the gradual release of experts pushed them back to strike a suffered from democratic backsliding and measures, they are again getting ready balance between the protection of public the erosion of the rule of law as well as for a potential second wave. health and democratic norms and values. from a weakening of other fundamental Despite the initial shock and the But it is still necessary to carefully values, particularly in the Central and economic struggle, as the crisis has watch measures taken by the Czech as Eastern European member states. In that unfolded, civil society has shown remark- well as other European governments and sense, Czechia fits the regional pattern able resilience by substituting - to a large monitor their implementation—and, if even if the state of its civil society is barely degree - the state in taking immediate necessary, to oppose these changes. comparable with Hungary or even Poland, action and providing protection and Civil society, as an essential pillar of where the state authorities have been public benefits to the most vulnerable checks and balances, is going to play a pressuring the “unlike-minded” groups groups in society.1 crucial role in this and, if given suffi- into isolation using financial, administra- Fortunately, Czechia has so far not cient resources, it will call on the Czech tive and other means for the last couple become one of the countries in which institutions to restore the normal state of years. the elites systematically abused their of play and democratic order in Czechia Despite this, Czech civil society power at the expense of the citizens, as once the crisis is over. But for that, EU lies – and its representatives perceive institutions should also play their part by empowering civil society to act and 1 https://www.gmfus.org/blog/2020/04/17/eu-must- 2 https://www.euractiv.com/section/freedom-of-thought/ learn-its-work-abroad-support-civil-society-home opinion/does-the-eu-care-about-democracy-at-home/

ACTIVIZENSHIP #5 reacts to the new political environ- restrictions were adopted by the Ministry ment as well as, most recently, to the of Health under the Law No. 258/2000 on CZECH CIVIL SOCIETY COVID-19 pandemic. As a good example Protection of Public Health7 rather than LIES – AND ITS of this effort, the Million Moments for by the Government under the Crisis Act REPRESENTATIVES Democracy (Milion chvilek pro demokracii) powers. This was challenged in Court8 movement has been actively opposing the because it raised issues of separation of PERCEIVE THEMSELVES negative changes and acting as a watchdog powers and accountability of the Govern- AS – SOMEWHERE IN to the Czech Government and national ment to the Parliament. The Govern- authorities by – for example – organ- ment finally decided to only amend BETWEEN FACING REAL ising some of the biggest demonstra- the Law on Protection of Public Health ISSUES AND HAVING tions over the last thirty years bringing instead of introducing a special emer- together hundreds of thousands of pro- gency law related to COVID-19 pandemic, GOOD CONDITIONS democratically minded Czech citizens. as encouraged by the pro-transparency FOR THEIR WORK groups in the Czech civil society.9 STATE RESPONSE TO Second, access to information on THE COVID-19 EMERGENCY public procurement was effectively put themselves as – somewhere in between Since the beginning of the pandemic, the on hold under the emergency regime. facing real issues and having good condi- Czech government-imposed limitations The Ministry of Health and Ministry tions for their work.3 Most significantly, on most civic rights and fundamental of Interior responsible for purchases it is the unpredictable political, legal and freedoms to protect public health.6 Even of most of the personal protective financial environment that makes the life if the communication of these limita- equipment (PPE) claimed they would of civil society organisations (CSOs) in tions was rather chaotic, not systematic announce any information after the state Czechia more complicated. Czech CSOs or well-coordinated, the measures never of emergency. However, this involved now have to pay more attention to civic got out of control or substantially differed suspicion of corruption, clientelism and space developments, which might limit from other European countries and their ill-governance. It was questioned by the 73 their work and scope of activities, espe- response to the pandemic. One specific 7 http://ilo.org/dyn/natlex/natlex4.detail?p_lang=en&p_ cially in the context of the COVID-19 element was the mandatory rule to wear isn=72639&p_country=CZE&p_count=261 related restrictions. face masks since day one of the crisis. This 8 https://www.ceska-justice.cz/2020/04/mestsky -soud-praze-omezovat-prava-mela-vlada-svymi-na- Nevertheless, the overall state of was a shock for the society since the state rizenimi-nikoliv-ministerstvo/ Czech civil society is – despite some did not provide the means and tools for 9 https://www.rekonstrukcestatu.cz/archiv-novinek/ nezhasinat-opozice-navrhla-reseni-jak-na-rychle-na- negative trends – far from being hopeless, all citizens to follow its new regulations kupy-ochrannych-pomucek-bez-korupcnich-rizik rather the opposite. On the one hand, and, in the first place, the Czechs had to the polarisation of the Czech society – rely on their own resources. Apart from Association for international Affairs increased after the 2017 parliamentary that, Czech authorities also introduced a (AMO) is a non-governmental not–for– elections wihch strengthened the polit- strict limit to the freedom of movement, profit Prague-based organization founded ical extremes and weakened pro-liberal travelling or commuting abroad. They also in 1997. Its main aim is to promote research and education in the field of international 4 democracy circles - generally confirms restricted public gatherings, demonstra- relations. AMO facilitates expression and the negative trends. On the other hand, tions and public forms of protests. realization of ideas, thoughts, and projects it generally leads to the promotion of Despite the severity of these in order to increase education, mutual activism and stronger engagement in measures, the Government remained understanding, and tolerance among people. AMO represents a unique and transparent support of civil society, including by somehow accountable and open to crit- platform where academics, business 5 financial contributions from citizens. icism for their enforcement. However, people, policymakers, diplomats, media, The Czech civil society seems to realise there were two concrete issues related and NGOs can interact in an open and the potential challenges that it is facing to the Czech legislative response that the impartial environment. During COVID-19, and reflects them in its work and flexibly civil society, as well as political opposi- the organisations carried out a series of workshops and information sessions about tion and others in the society, criticised. impacts of COVID-19 on different regions First, the State of emergency and related 3 https://eu-russia-csf.org/wp-content/uploads/ of the world; debunking and fact-checking 2019/04/190327_RU-EU_Report2018_allpages.pdf information related to COVID-19 pandemic, 4 https://www.milionchvilek.cz/ 6 https://www.rekonstrukcestatu.cz/archiv-novinek/ especially related to third parties, such as 5 https://eu-russia-csf.org/wp-content/uploads/ nezhasinat-7-vlada-musi-i-v-krizove-dobe-respekto- Russia, China and others. 2019/04/190327_RU-EU_Report2018_allpages.pdf vat-pravidla-pravniho-statu

STORIES FROM THE LOCKDOWN CZECHIA difficult to pass other messages across. HUNDREDS OF NEW However, even in this domain, there were individual cases of authorities pressuring PROJECTS AND civil society,11 independent media and INITIATIVES WERE individual activists12 critical of their actions. This was, for example, the case DRIVEN BY BOTH when the Czech Prime Minister claimed LOCAL AND NEIGHBOUR that, since the beginning of the pandemic, he missed the help and support from civil COMMUNITIES AND society, which was resolutely refuted by THE AUTHOR the third sector and consequently led to TRADITIONAL, WELL- 13 Pavel Havlicek is Research an apology from Andrej Babiš. Fellow of AMO Research ESTABLISHED CSOS Nevertheless, during the whole Center. His research focus is COVID-19 period, the system of checks on Eastern Europe, especially and balances composed of the parlia- Ukraine and Russia and the political opposition, independent media, mentary control, independent courts Eastern Partnership. He CSOs as well as the law enforcement as well as citizens oversight worked and also deals with questions of bodies.10 The public tenders of PPE, remained in place for the whole time. strategic communication, including from China and other proxies, And the Government had to pay atten- democratisation and civil were of particular concern due to the tion to all three main components of the society. He is a graduate of low quality and excessive price. public control. For example, when the the two-year-long Erasmus As far as the freedom of associ- ministry of interior decided to postpone Mundus International Master ation, expression and assembly were the by-elections for the Czech Senate in Russian, Central and East European Studies hosted by the concerned, the governmental measures due to the complicated situation of rather substantially restricted them. This public health, the Czech courts quickly 74 University of Glasgow and the EU Studies at the Jagiellonian was the case when applying the concept reacted and ordered to remedy the situ- University in Krakow, Poland. of social distancing, wearing of masks ation.14 The same was true for exceeding During 2019-20, he worked or limitations on public gatherings and competences of the Ministry of Health, on a research project aimed physical contacts to a maximum of 2 unregulated public tendering or potential at the EU support to the civil people (except for relatives) at the time conflict of interests of the Prime Minister. society sector as part of the of the highest spike in the number of Rethink.CEE Fellowship of the cases. This, logically, had severe limi- CIVIL SOCIETY’S German Marshall Fund of the tations for the citizens as well as the RESILIENCE United States. Pavel Havlicek has work of civil society, including when While the COVID-19 pandemic meant a cooperated with AMO since providing help and services and working shock and danger, it also provided a good May 2016. with beneficiaries or engaging in educa- opportunity for civil society, neighbour tional activities, conducting advocacy and local communities to get engaged and having their voice heard. Freedom and help each other during the difficult of assembly was mostly affected due to but shared moment. Hundreds of new the lockdown. And even though some projects and initiatives were driven by associations remained active, they had to both local and neighbour communities move their activities to the online space and look for new opportunities of how 11 https://osf.cz/2020/04/03/vyjadreni-neziskove-or- to work and stay engaged. Freedom of ganizace-sehravaji-zasadni-roli-v-dobe-koronaviru/ 12 https://www.seznamzpravy.cz/clanek/jermanova- expression remained relatively open even skutecne-poslala-policii-na-zachranarku-a-pak-psa- if most of the public space was occupied la-at-ji-nechaji-byt-108822 with COVID-19 related news, and it was 13 https://denikn.cz/333552/neziskovky-v-krizi-nepoma- haji-napsal-babis-od-prvniho-dne-zachranujeme-ne- jslabsi-bouri-se-organizace/ 10 https://drive.google.com/file/d/11C_ 14 https://www.irozhlas.cz/zpravy-domov/nejvys- zyt1XlI2DJcCJUZDgHrSKOizJLonT/ si-spravni-soud-doplnovaci-volby-do-senatu-jaro- view slav-kubera-teplice_2004011559_aur

ACTIVIZENSHIP #5 and traditional, well-established CSOs, to approach to the issue of economic – got quickly mobilised and put resources a large degree supplementing the role of compensation and recovery. Its exper- together to provide PPE, additional finan- the state in providing help to the vulner- tise and know-how were often taken on cial means or medical and psychological able and those in need.1516 board by the political opposition and, in help to those most in need. It was almost Among them, the Czech scout several instances, also by the coalition a euphoric period of social cohesion in movement cooperated with ELPIDA,17 an government when preparing its mate- the Czech Republic, so much unlike the organisation working with the elderly, to rials and legislative response. previous years of societal polarisation, deliver help (e.g. groceries or medicine) Finally, the COVID19CZ21 informal when people came together to help each and all necessary PPE. Over the last group brought together a diverse group of other during such a challenging moment. couple of months, thousands of scouts IT professionals and technology compa- Thanks to this engagement, the public have joined the call and volunteered nies that worked with the state on the credit of Czech civil society that was to help those in need with different creation of a system of online tracing previously rather low (based on data services and provide support. On top of infected citizens, the so-called Smart from CVVM)22 increased, and many of that, the Czech scouting created over Quarantine (“Chytrá karanténa”), or on initiatives and informal groups emerged. 120 volunteer teams, to also engage and Even if the attacks from right and left help locally, including by printing protec- extremes, including among the political tive shields on 3D printers or distributing THE TRADITIONALLY parties in the Czech Parliament related disinfection and organising phone calls to to the access to public funding and finan- lonely people and seniors in particular.18 PROBLEMATIC cial support from abroad continued, The social programme of one of the AREA OF FINANCIAL civil society was shielded thanks to its biggest Czech NGOs People in Need exhausting work for the public benefit (Člověk v tisni) has been widely praised SUSTAINABILITY HAS and the lack of political consensus on for its work on the topic of public indebt- FURTHER DETERIORATED these issues.23 edness19, raising public awareness of the issue and increasing financial literacy as AS A CONSEQUENCE FINANCIALLY STABLE 75 well as providing a response to execu- OF THE PANDEMIC AND RESILIENT? tions and financial problems of citizens. Financial sustainability and balanced A group of Czech CSOs “Recon- financial management have traditionally struction of the State” (Rekonstrukce the localisation of public authorities’ been an issue in the Czech civil society státu) has recently launched a campaign response towards COVID-19 pandemic by sector, at least since the 2004 enlargement “Nezhasínat!”20 (Do Not Turn Off the developing and implementing technolog- and the subsequent departure of many Light!) that aims at positively influencing ical solutions. The platform also launched Western donors and CSOs. The data of the public decision-making process and a project e-Facemask (“e-Rouška”) that Donors Forum24 from 2018 confirm that making it more transparent and based helped to monitor the risk cases and private donations remain rather limited, on clear rules and values. The initiative decrease the danger for other citizens, which allows for only limited diversifi- has offered its recommendations on the even if the state then struggled to run cation of funding of NGOs. Most Czech legislative response to the COVID-19 both concepts on the national level. In CSOs are dependent on a single source pandemic, making the public procure- addition, the group put together a new of funding.25 ment more transparent or on the state’s production line for respirators, sophisti- The traditionally problematic area cated face masks and protective shields. of financial sustainability has further 15 https://www.google.com/maps/d/u/0/viewer?mid=1Q- FosGdbkLSW1reiik0QHri-Itw26w616&ll=49.94467715 COVID19CZ was also involved in devel- deteriorated as a consequence of the 805517%2C15.095325044598887&z=9 oping smart and technological solutions 16 Some other are mentioned in the publication of for the communication of the Czech the CSO European Values here: https://www.europe- 22 https://cvvm.soc.cas.cz/media/com_form2content/ anvalues.net/vyzkum/lessons-learned-and-best-prac- authorities, including an online dash- documents/c2/a5011/f9/po191008.pdf tices-from-the-czech-republic-covid-19/ board, or working on the data-driven stra- 23 http://civicspacewatch.eu/czech-republic-the-com- 17 https://www.elpida.cz/skautskapomoc munist-party-of-bohemia-and-moravia-kscm-move- 18 https://www.skaut.cz/velkasrdce/ tegic communication to the citizens too. against-non-profits-attempting-to-cut-them-out-from- 19 https://www.clovekvtisni.cz/co-delame/ It was important that civic activism state-financial-support/ socialni-prace-v-cr/dluhove-poradenstvi 24 https://www.donorsforum.cz/o-dacovstvi/darcovst- 20 https://www.rekonstrukcestatu.cz/archiv-novinek/ – and organised CSOs at the heart of it vi-v-cesku.html rekonstrukce-statu-spousti-projekt-nezhasinat-pri- 25 https://www.avpo.cz/2017/neziskovky-sektor-v- nese-politikum-plan-jak-resit-dusledky-pandemie-po- roce-2016-darilo-se-mu-je-ale-potreba-dbat-na-zvy- dle-zakona-a-transparentne 21 https://www.covid19cz.cz/ seni-duveryhodnosti/

STORIES FROM THE LOCKDOWN CZECHIA pandemic.26 The Czech Government – and youth, which reported high levels with few exceptions, e.g. in the social THE STATE HAS PURSUED of instability and inability to plan and sector – did not introduce special finan- engage in a meaningful way with their cial tools or aid programmes to help A PRAGMATIC POLICY respective beneficiaries. the civil society sector, which would OF COOPERATION WITH Also, already at the beginning of go beyond the concessions offered to the lockdown, 24% of organisations had businesses, e.g. partial financial compen- CIVIL SOCIETY, WHILE substantially limited their traditional sations, postponement of tax declara- OFTEN CRITICISING NGOS services and support to their commu- tions, or other forms of tax relief etc. nities.30 This was particularly true for A part of CSOs could not even qualify FOR THEIR ENGAGEMENT social CSOs engaging in palliative and for the standard state’s aid of such kind. IN PUBLIC LIFE AT THE hospice care (40%) and more than half Additionally, the economic struggle was (54%) of organisations working with caused partially by the limitation of NATIONAL LEVEL excluded and disadvantaged commu- regular activities27, reduction of social nities. This clearly illustrates the extent entrepreneurship or other forms of of the problem in social care and services engagement with the public, including in Society Fund Czech Republic,29 nearly and further underscores the inability of educational, advocacy or service-related half (47%) of the 346 interviewed CSOs the state to take care of the vulnerable activities due to social distancing. This reported significant cuts in their income, parts of the society, including the elderly, also meant a reduction of public dona- possibly leading to inability to pay salaries the ill, the homeless or other disadvan- tions, reshaping of priorities in the donor or insolvency. Around 60% were afraid of taged communities, e.g. on the socio- community or redirection of granting sustaining the levels of employment and economic basis. schemes.28 keeping all their staff (up to 79% among At the same time, as a result of this According to data from the begin- ecological CSOs). In addition, more state’s inability to provide help and ning of the crisis provided by the Open than 70% of the Czech CSOs reported support to the most vulnerable parts of that the crisis would have a significant the society, 20% of CSOs claimed they 76 impact on their activities and operations. had to restructure and expand their Besides, more than 80% of organisations services and provide additional means expected that they would not be able to and capacity to accommodate people’s meet their contractual obligations and/ needs. Again, in social care working, this 26 https://www.vlada.cz/assets/ppov/rnno/legisla- tiva-a-financovani/2008/zapis_VLF-11_6_2020.pdf or deliver services to beneficiaries. The figure was even higher, rising to 45%. 27 https://www.vlada.cz/assets/ppov/rnno/legisla- latter was even higher (95%) among Therefore, it is possible to conclude that tiva-a-financovani/2008/zapis_VLF-11_6_2020.pdf 28 In this regard, Czechia is no exception among the organisations working with children almost half of CSOs working in social countries of Central and Eastern Europe and similar work and services had to switch and/or trends and challenges were reported in Poland, Slovenia and Croatia or Bulgaria and other countries in the CEE 29 It is necessary to acknowledge that this research update their regular projects and activi- and elsewhere around Europe: More-Hollerweger, E., was not fully representative and served only as a ties and start providing de facto human- Bogorin, F.-E., Litofcenko, J. & Meyer, M. (2020). Civil selective insight into the situation of civil society Society in Central and Eastern Europe: Monitoring sector: https://osf.cz/wp-content/uploads/2020/05/ itarian aid to citizens. While the state’s 2019, Vienna: ERSTE Stiftung. Nadace-OSF_pruzkum_COVID-2020.pdf capacity to do so remained rather limited, civil society continued to substitute its THE IMPACT OF THE COVID-19 CRISIS: functions in this area, and even extend them. The state has pursued a prag- A survey by Open Society Fund Czech Republic carried out between 27 March and 8 April matic policy of cooperation with civil 2020 found: society, while often criticising NGOs ɖ 47% of the 346 interviewed CSOs reported significant cuts in their income ɖ 60% were afraid of sustaining the levels of employment and keeping all their staff for their engagement in public life at ɖ over 70% reported that the crisis would have a significant impact on their activities and the national level. However, both the operations practical-qualitative and quantitative ɖ 24% had substantially limited their traditional services and support to their communities research showed that Czech CSOs were ɖ 20% had to restructure and expand their services and provide additional means and capacity to accommodate people’s needs somehow successful in adapting to the new situation and looking for new ways Source: Dopady pandemie COVID-19 na neziskove organizace, Nadace OSF (2020), https://osf.cz/ wp-content/uploads/2020/05/Nadace-OSF_pruzkum_COVID-2020.pdf 30 Ibid.

ACTIVIZENSHIP #5 and solutions for their situations and/ is the formal communication channel or beneficiaries. between the state and the civil society, Nevertheless, the negative trend of but its working groups are also devoted THE CONDITIONS declining financial contributions from to monitoring and assessing the EU and OF ADVOCACY-DRIVEN citizens and private donors, as well as Czech legislation, following the financial limited support from the state, will most matters. They also facilitate the dialogue NGOS HAVE WORSENED likely affect the financial sustainability between individual ministries and repre- OVER THE LAST of the Czech civil society in the future. sentative of various parts of the Czech civil society. In 2019, this format of coop- COUPLE OF YEARS CIVIC PARTICIPATION eration was reformed, which meant that ALLOWED? civil society representatives lost the 2015 – 2020”32 on the development of rela- Civic participation of CSOs in the majority, although they are still successful tions between the state and civil society, Czech decision-making processes on in submitting topics of public interest including the area of civic participation the national, regional and local levels to the highest places of the Czech deci- by civil society. Even though this was are normally facilitated by the respec- sion-making process. Despite that, there a well-balanced guiding document, it tive bodies of the state. The practice, is still a substantial space for improve- mostly remained on the paper and did however, shows that there are no clear ment in terms of efficiency of its work not transfer into reality with concrete rules and guidance on the nomination and leadership on reform issues, which policy changes. Currently, its new version process of CSOs to advisory and consul- are often stuck due to the lack of polit- is being elaborated for the period 2021-30. tation councils on any level. The compo- ical will and interest.31 Additionally, the These issues have been amplified sition of these bodies (if formally existing meetings of this body formally did not by COVID-19 due to lack of physical at all) has sometimes been problematic take place during the lockdown and its contact. Since the beginning of the due to civil society’s limited capacity, as activities were moved online. pandemic, access to decision-makers well as the state’s willingness to listen. Also, the Czech state is not following has been rather limited. The advocacy At the national level, it is the Govern- the principles of the Open Governance work has been made more complicated 77 ment’s advisory body Council of Non- Partnership (OGP) by having a strong and by the additional limitations to access to State Non-profit Organisations (RVNNO) transparent dialogue with the civil society information as well as the closing of the that operates under the leadership of the or allowing its involvement in the deci- whole decision-making process at some Czech Prime Minister and brings together sion-making at a systematic level. Even if levels. These challenges have particularly 33 representatives of Czech CSOs (16) there are some examples of good practice, affected some advocacy oriented CSOs and the representatives of the minis- e.g. related to the Ministry of Foreign that already had conflicts with the repre- tries and other state’s stakeholders. This affairs or Health, this is not a general sentatives of the ruling elite in the past. trend, and the establishment of a long- The conditions of advocacy-driven term, stable and productive cooperation NGOs have worsened over the last couple has proved to be troublesome. The state of years. These organisations are often THE STATE AUTHORITIES authorities often seem not interested in labelled as “political NGOs” or “eco- OFTEN SEEM NOT cooperation with civil society or CSOs’ terrorists” when they engage in the public advocacy and, sometimes, even close debate, to some degree sidelined from INTERESTED IN the access and/or counter the efforts in the decision-making process or refused COOPERATION WITH this field. Such cooperation often works funding from the public authorities33. better on the local and regional level due This has been the case for environmental CIVIL SOCIETY OR to the lower level of bureaucracy. NGOs as well as watchdogs and others. CSOS’ ADVOCACY AND, In the past, the Office of the Czech For example, even before COVID-19, anti- Government together with RVNNO corruption organisations and activists, SOMETIMES, EVEN prepared a strategic document “State including Transparency International CLOSE THE ACCESS Policy with Respect to NGOs for the Years Czech Republic and its head David AND/OR COUNTER THE 32 https://www.vlada.cz/assets/ppov/rnno/dokumenty/ statni_politika_EN.pdf EFFORTS IN THIS FIELD 31 https://eu-russia-csf.org/wp-content/uploads/ 33 https://arnika.org/ods-top-09-a-ano-trestaji-sve-kri- 2019/04/190327_RU-EU_Report2018_allpages.pdf tiky-ztratou-grantu-podporu-ztratily-arnika-a-auto-mat

STORIES FROM THE LOCKDOWN CZECHIA Ondráčka, had de facto been targeted pandemic made this situation even more by the smear campaign of the Prime complicated. CITIZENS IN GENERAL Minister. These tensions are linked to the CSO’s consistent criticism for conflict CONCLUSION RECOGNISED THE of interests of the Prime Minister34 and Over the past months, the Czech civil ADDED VALUE OF CIVIC the Minister of Agriculture both at the society demonstrated a high level of resil- Czech and European levels. During the ience and adaptation to the new condi- ACTIVISM FOR THE last couple of months, tensions with anti- tions and challenging environment PUBLIC GOOD AND corruption organisations were exacer- created by the COVID-19 pandemic and bated when the European Parliament the public lockdown imposed by the WELL-BEING AS WELL passed a resolution35 on the conflict Czech Government. Despite the economic AS MANAGEMENT OF of interests of the Czech Prime Minis- challenges, the Czech civil society proved ter’s engagement in the future Multi- capable of delivering help and support PUBLIC AFFAIRS Annual Financial Framework of the to the citizens, collected money and EU for 2021-27. Moreover, during the provided services for the elderly, the ill pandemic, the Czech Government took and other disadvantaged and excluded in the EU values. The agreement of the advantage of the limited public over- people. As a consequence, the public European Council on the MFF serves as sight to proceed with the largest public credit of the civil society increased and a solid basis for that—if it is soon trans- tender in Czech history to construct citizens in general recognised the added lated into concrete projects and policies additional blocks of the nuclear power value of civic activism for the public good to serve the interests of Czech and other plant Dukovany. This issue had previously and well-being as well as management European citizens.37 In this regard, the been heavily debated in the public36 and of public affairs, including by delivering newly agreed Rights and Values the move was criticised by the political ready-made solutions (e.g. in the IT and Programme offers a good (although opposition, independent media and civil data sphere) to the state. limited) opportunity for additional society groups. Even if these issues never During the recovery from corona- funding and help to the civil society 78 reached a systemic level, the COVID-19 virus pandemic and its forthcoming sector as well as upholding the common socio-economic consequences, civil European values, especially when put

34 https://www.transparency.cz/firmy-ze-sveren- society and independent media will play together with the EU Democracy Action skych-fondu-dostaly-v-navrhu-zakona-zasadni-vyjimku/ a crucial role in increasing societal resil- Plan, the rule of law monitoring or the 35 https://www.europarl.europa.eu/news/cs/press- room/20200615IPR81227/parlament-zada-vysetre- ience and restoring the public trust in the media action plan. ni-mozneho-stretu-zajmu-ceskeho-premiera state and its institutions. Civil society will 36 https://www.rekonstrukcestatu.cz/archiv-novinek/ The analysis is updated to 5 October 2020. pruhlednejsi-dukovany-diky-registru-smluv-chy- also be instrumental for the full restora- bi-ale-dohled-nku tion of democracy, human rights, or the 37 https://www.gmfus.org/blog/2020/07/23/mffs -half-empty-glass-supporting-eu-rights-and-values rule of law to pre-pandemic times. For the EU, it is therefore of critical impor- THE CZECH CIVIL tance to make the right choices regarding SOCIETY DEMONSTRATED EU future instruments for upholding European values and supporting civil A HIGH LEVEL OF society in its member states, including RESILIENCE AND in Czechia. Therefore, this is the right moment ADAPTATION TO THE to support civil society in Czechia and NEW CONDITIONS across the whole EU and in this sense deliver on the EU’s ambitious priorities AND CHALLENGING set by European Commission President ENVIRONMENT Ursula von der Leyen and put in the port- folio of Czech Commissioner Věra CREATED BY THE Jourová covering the democratic consol- COVID-19 PANDEMIC idation, restoration of the rule of law, and rebuilding the trust and confidence

ACTIVIZENSHIP #5 79

STORIES FROM THE LOCKDOWN CZECHIA Being separated from the person you love, each in a different country, thousands of miles apart, and not knowing when you will see each other again, sounds like a nightmare. However, during the lockdown, it was a reality for many couples. There were exceptions for government regulations that prohibited foreigners from entering and leaving the Czech Republic, but these only apply to spouses and family members. Therefore, gay and lesbian couples found themselves divided by yet another curtain. This situation showed once again how equal marriage would make life easier for many couples. Marriage equality is the main goal of the We are fair initiative. We are fair immediately noticed the discrepancy and pointed out that the government had reprehensibly forgotten couples in the registered partnership. Thanks to their actions, the government updated its policies and registered couples were able to rejoin.

Dr. Ladislav Jackson 80

ACTIVIZENSHIP #5 LOVE BEYOND BORDERS LGBTI activists advocate for couple reunification

Interview with Czeslaw Walek and Filip Milde, We are fair 81 Can you tell us about the We who signed a pledge for marriage equality. law that protects us from discrimina- are fair initiative? When was it We work with believers, people that are tion. When we talk about the situa- founded, who are its members religious and are supporting marriage tion for Czech LGBTI, there are not and goals? equality, giving the religious argument many physical attacks, but there are CZESLAW WALEK: The We are fair initiative is for marriage equality. We work with quite a few verbal abuses. But 91% of a coalition of six non-profits that came other non-profits that are not specifically those are not reported by LGBTI people together with one single goal: to pass the LGBTI but that support marriage equality, because they are afraid the police will marriage equality bill in our country. The with youth groups. One of our biggest not investigate them, or they believe initiative formally started in April 2017, activity was collecting physical signature and it is a mixture of public awareness for a petition on marriage equality and, campaigns and public advocacy. We work in five months, we gathered over 70 000 ACTIVISTS, IN GENERAL, a lot with the public to explain why we signatures, which for the Czech Republic believe that marriage equality is simply is a huge number because we are a fairly ARE IN A DANGEROUS fair. We work across the country; we travel small country. This shows that there is POSITION, AND WE a lot for discussions and debates. We also huge public support. The data from a work with decision-makers, mostly with public opinion poll from 2019 show that SEE THAT PEOPLE Members of Parliament because they are 67% of the Czechs supports marriage ACTING FOR WOMEN’S the ones that will eventually make the equality. decision, but also with civil servants. We Legally, from 2006, we have a law OR MIGRANTS‘ RIGHTS gather as much support as possible. We on registered partnerships which is not ARE OFTEN ATTACKED work with the business sector; I believe the same as marriage equality; there more than 70 businesses put their logo is quite a huge number of differences ON SOCIAL MEDIA on our initiative supporting marriage between rights and obligations. Since OR BY EMAIL equality. We also have around 60 mayors 2009, we have an anti-discrimination

STORIES FROM THE LOCKDOWN CZECHIA FILIP MILDE: there is a small conserva- than in normal circumstances when they tive organisations scene. They are new could be themselves in their other circles. organisations been established, but they Here those other circles disappeared. We are learning fast, even from us. They are did some quick survey on Facebook to changing the words they are using when learn what people were missing, and the campaigning. But it is very different first thing was being in touch with their from Slovakia, Hungary, Poland… where friends. those organisations have a really strong The other thing is people with impact. Here, the general media and the HIV because their immune system is in public started to label them as ‘extrem- danger, but also because the organisa- ists’, so it is a very different landscape. tion that provides them with free tests Although there a few Parties in the Parlia- had to close down. During the lockdown, ment supporting them. The situation in there was no testing, and there is fear that Czeslaw Walek this will increase the spreading of HIV. There were also challenges in the decision-making of the Government. Of they are not important enough. When THEY WERE MAKING course, the Government was making deci- you look at the region, I would say that DECISIONS THINKING sions on a daily basis and was not thinking the Czech Republic is still a beacon of of every minority. They were making deci- hope for LGBTI people, if you compare THAT THEY WOULD sions thinking that they would apply to with what is happening in Poland or APPLY TO ALL, BUT IT all, but it was not the case. For example, Hungary. Having said that, our politi- when the Government slowly opened cians are pretty inactive when it comes WAS NOT THE CASE the borders, they opened them only to to enacting laws or policies that would family members and married couples, improve the quality of life for LGBTI they did not think of registered partners 82 people. Since the registered partnerships the Parliament is more conservative than or partners that live together but are not law, not much has happened in terms of the reality in the society, where 67% of institutionally together. We were pointing public policies. That is why when you the Czech population supports marriage out those things, and the Minister of look at the ILGA Europe rainbow map, equality Interior corrected it. the Czech Republic scores pretty low. How has the pandemic How was the work of the How is it to be an LGBTI impacted the LGBTI organisation affected? activist in the country? Do you community in the country? CZESLAW: The work of the organisation was face any specific challenge, or CZESLAW: I would say that when it comes affected quite a bit. When the pandemic do you tend to feel safe? to the LGBTI community, it impacted broke out, the only discussion that was CZESLAW: Of course, there are some chal- us quite tremendously, similarly to other happening concerned the pandemic; lenges. We always have to be aware that countries. First, let’s talk about mental nothing else was going on. The first vote you could become the target of some health: we provide a peer mentoring crisis in Parliament on the marriage equality bill attacks either online or offline, especially prevention portal, and we could see that that we hoped would happen in March, around the Prague Pride festival, when there was an increase in the number of was postponed to – probably – the fall. the media are writing a lot about us. But our clients during the pandemic. Young I would say that, generally we feel safe. people mainly contacted us: they were Activists, in general, are in a dangerous suddenly closed with families that are WE OFFERED HELP position, and we see that people acting often not sympathetic to their situation. for women’s or migrants‘ rights are often They are either homophobic or trans- NOT ONLY TO LGBTI attacked on social media or by email. phobic and do not accept different sexual PEOPLE BUT TO ANYBODY From times to times that happens to orientations or gender identities; they LGBTI activists as well. But I would say do not want to talk about it. For those WHO WANTED TO that still, the majority of us feels safe. kids, it was very stressful; they had to USE OUR SUPPORT face the coming out issue much more

ACTIVIZENSHIP #5 At the beginning we did not know how LGBTI people but to anybody who wanted long it was going to last so, I have to say, to use our support. The second step was the first months were pretty stressful. providing support to organisations and But we dealt with it – I think- pretty well. people that were affected the most. We We created three or four crisis scenarios, create a fundraiser event, a broadcast of and we followed them. an online theatre play called “Homo40”. It was very successful: we collected almost What initiatives did the 3000 euros, which is amazing consid- organisation carry out to ering that people were really concerned support people during the about money and it was very difficult. pandemic? All the funding collected during the CZESLAW: We have been running many streaming for two weeks was donated different initiatives. First, we did some to three affected groups: actors, single Filip Milde legal counselling. Our lawyer prepared parents, and students. Concerning the some documents where she explained last group, we cooperated with a group how LGBT people, especially rainbow of medical students who launched an Our work was also affected by the fear families, could be affected by the govern- initiative of sewing masks. As an organ- of losing some of the funding – which mental decisions, especially around the isation, we helped them to spread the we did actually. „We are fair“ coalition lockdown. She also ran some Facebook word about their activity, to use social is informal, and the administration and media better and with the graphic design organisation are going through the Prague of their project. We also helped to enlarge Pride organisation. So, I would rather talk the group of people volunteering to sew about their funding. Part of it comes from WE ALSO HELPED masks and deliver them to people in need: public grants, mainly from the European TO ENLARGE THE the elderly, the hospitals… This was the Commission and the city of Prague. 1/3 third group to which the resources from 83 comes from corporations and the rest GROUP OF PEOPLE fundraising went. We continued helping from individual donations or from activ- VOLUNTEERING TO SEW people for almost two months: from ities. For example, during the Prague March to end of April, besides helping Pride festival, we do some activities that MASKS AND DELIVER couples and lobbying to include more generate income. What was affected was THEM TO PEOPLE IN categories in the law, to allow couples the last part: because we cannot organise separated to cross borders. the festival physically, we lost some of the NEED: THE ELDERLY, funding from there. That is a big blow. We THE HOSPITALS… Can you tell more about this lost some funding from corporations that initiative? were linked to the festival, and then we CZESLAW: There were several ways in which lost some individual donations. When it live streaming answering questions. we tackled this issue. Our advocacy officer comes to public funding, everything was Throughout the lockdown, we had an wrote a blog post to explain this issue. already signed, so they did not take it back. email address where people could ask us The blog post was shared on social media But the question is what will happen next questions about legal issues. by politicians, and this started a chain year when the economic crisis will hit. PHILIP: When the country went in lockdown, reaction. Then we called on the registered There is a risk that the states will reshuffle we immediately understood that probably partners affected to contact us and share EU funds based on their needs. In the marriage equality was not going to be the their stories. We wrote several articles to Czech Republic, this will mean that they main priority for the society and so we had share these stories. These stories were will be cutting some of the grants that to act differently. We offered all our social picked up by the mainstream media; we would be applying to. So, we start to media and all our database of addresses they appeared on the most-read tabloid count less on public funding. – tens of thousands of addresses: people Blesk.cz. I think it was a combination of We also had to postpone some could reach us if they needed help or if our community engagement with our events and to create a pandemic group they could provide support or services. followers and our advocacy and media that was meeting every week to prepare We did this already the day after the outreach. some crisis scenario for our organisation. lockdown. We offered help not only to

STORIES FROM THE LOCKDOWN CZECHIA vice-President Jourova, where we to be with the people we love, that there is discussed the situation of LGBTI people no real difference between us and people ONE THING WE in COVID-19 times. One thing we iden- who can go and marry tomorrow if they IDENTIFIED ACROSS tified across the region (Czech Republic, decide so. This is a big lesson learned for Hungary, Poland, Slovenia…) is fear of the public, I think. THE REGION IS FEAR scapegoating by populist politicians (but CZESLAW: Yes, I think that we all learned that OF SCAPEGOATING BY not only) as the economic crisis is coming in those times of crisis, governments do POPULIST POLITICIANS and people will be angry. You can see it not think about everyone. They think already in Hungary and Poland. What the about this general population, what they (BUT NOT ONLY) AS THE EU should do is pushing for proper legis- understand as ‘normal’ and whoever ECONOMIC CRISIS IS lation on hate speech and hate crime. comes a little bit away from this normal is just left behind. Of course, they had to COMING AND PEOPLE What lessons can be learned make decisions in a matter of hours; they WILL BE ANGRY from this initiative that can had to think about the entire nation. But potentially inform a post- this shows how important it is to be part COVID-19 institutional and of this big structured protection system FILIP: On the contrary, I think it is inter- societal response? – which in this case is marriage – because, esting to notice that those organisations Czeslaw: The lesson I take away from in times of crisis, the Government does that stand to keep the family between man COVID-19 is that despite the initial not think about you. It gave us more argu- and woman were not very active during nervousness and confusion, we all came ments and urgency to push for marriage the pandemic if not to advocate against together and started discussing how to equality. I just hope that this situation trans’ rights. On social media, people were help not LGBTI people but all people in will not mean a further delay in the commenting how they should be ashamed need, and that is what we did. That was adoption of the marriage equality bill.

for this. Even their supporters said that great, and I am happy that we all agreed The interview was carried out on 13 July 2020. this is not what they should have been with this approach. 84 doing at that time. FILIP: We cooperated with groups and organisations that we never cooper- Is the initiative organised also ated with before, and this enriched us transnationally in Europe? with new connections, experiences and If yes, how? inputs. We were also able to reach new CZESLAW: “We are fair” is a solely national audiences. The situation showed what is initiative: we lobby to change the law in most important for people: to be together, the Czech Republic. However, we are in touch with other initiatives of this kind, and we share the experiences and lessons, especially in the area of communica- THIS SHOWS HOW tion and messaging. When it comes to IMPORTANT IT IS TO COVID-19 crisis, again, those initiatives were solely domestic. We did not coop- BE PART OF THIS erate with others transnationally, but we BIG STRUCTURED were in communication with organisa- tions in other countries. There were tons PROTECTION SYSTEM – of webinars organised to share experi- WHICH IN THIS CASE IS ences and knowledge. MARRIAGE – BECAUSE, Do you think that the IN TIMES OF CRISIS, European Union can be an ally in your struggle? In what way? THE GOVERNMENT DOES CZESLAW: I was personally on a webinar NOT THINK ABOUT YOU with Commissioner Reynders and

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