Civic Space Watch

STORIES FROM THE LOCKDOWN

ACTIVIZENSHIP CIVIC SPACE5 WATCH REPORT 2020 ACTIVIZENSHIP ACTI5VIZENSHIP CONTENTS

7 LEARNING FROM CIVIC SPACE WATCH

8 Civic space under lockdown Civil society unlocks its potential By Giada Negri, European Civic Forum 9 1. COVID-19 shakes the socio-economic and political landscapE 12 2. The deterioration of civic freedoms continues 13 2.1 Restricting freedom of association using transparency legislation 15 2.2 Closing the public space, restricting the right to assembly 18 2.3 Securitising the public space, policing dissent 27 2.4 Legislative changes restrict freedom of assembly beyond COVID-19 29 2.5 Data gathering and surveillance

2 31 3. Civil dialogue is challenged 31 3.1 There are many obstacles, but also some positive examples 33 3.2 Disregarding civil dialogue mechanisms, overlooking civil society voices 34 3.3 Pandemic as an opportunity to change the rules and ‘empty’ civil dialogue 35 3.4 Locking down information during COVID-19 36 4. Economic difficulties of the sector soar during the crisis 37 4.1 the sector is faced with economic difficulties 39 4.2 Public support to the sector comes late and is often unfit for the challenges faced 41 4.3 The crisis as a driver to further reduce and restrict public support to civic organisations 43 5. Civil society unlocks its potential

51 The epidemic has put us all on the same footing Women refugees sew masks for everyone in Poland Interview with Khedi Alieva, Fundacja Kobiety Wędrowne / Women on the Road Foundation 55 in Spain the pandemic exposed the fragility of its care system An opportunity to set a new course Interview with Carol Elias, Sedoac Servicio Doméstico Activo

ACTIVIZENSHIP #5 CONTENTS

59 LGBTI 103 GREECE 62 lgBTI communities are vulnerable 106 COVID-19 adds up to the unresolved in the health crisis economic and migrants’ crises NGOs shift their work Government toughens stance against from advocacy to humanitarian aid civil society By Akram Kubanychbekov and Manon Yzermans, ILGA By Dominika Spyratou, SolidarityNow Europe 115 protecting the most vulnerable means protecting us all Migrants and refugees’ communities 69 CZECHIA want to be part of the discussion on the solutions 72 Civil society in times of pandemic Interview with Moussa Sangaré, Ivorian Community Victim of the virus, or more resilient of Greece, Greek Forum of Refugees than ever? By Pavel Havlicek, Association for International Affairs 81 love beyond borders 119 IRELAND LGBTI activists advocate for couple reunification 122 Civil liberties are crash-tested Interview with Czeslaw Walek and Filip Milde, We are during the pandemic The vital role of civic advocacy fair 3 By Deirdre Ní Cheallacháin, Irish Council for Civil Liberties 87 131 Civic actors were crucial GERMANY to respond to the crisis 90 Conditions for civil society are good Towards a partnership approach But civic actors were neglected during between the State and the civic sector the emergency Interview with Ivan Cooper, The Wheel By Siri Hummel und Rupert Graf Strachwitz, Maecenata Institute for Philanthropy and Civil Society 97 solidarity is more than a practice 137 SLOVENIA We need to ask who is paying for the crisis 140 illiberal government Interview with Rebecca Rahe and Corinna Genschel, takes over the country #Unteilbar Core foundations of democracy are eroded By Nika Kovač, Research Institute 8th of March 149 defending freedom and democracy Raising voices against inequalities Interview with Nika Kovač, Inštitut 8. marec - Institute of the 8th March

STORIES FROM THE LOCKDOWN ACTI5VIZENSHIP

By Raffaella Bolini, Jean-Marc Roirant, Co-presidents, Alexandrina Najmowicz, Director 8th December 2020

nyone who has spent time in those regions of the world affected by conflicts, wars, or natu- THE INVISIBLE ral disasters, has certainly found in the most dramatic situations a civil society organisa- 4 tion or a group of volunteers helping people GUARDIANS Ain need. With few means and little power, they are often the first ones to arrive and the last ones to leave. Nowadays, it’s our continent, together with the whole world, that is going through a huge and unex- OF EUROPEAN pected emergency. The Covid-19 pandemic is shaking our lives, our societies, economies and democracies. We cannot capture the panoramic picture of all DIGNITY civil society activities in times of crisis. This issue of Activizenship provides a few snapshots, showing that in addition to the usual civil society organisations, an enormous number of spontaneous groups have reacti- vated civic spirit in our communities, enabling mutual care and solidarity. From the very first days of the pandemic crisis, civic organisations and groups mobilised their means and know-how, stretching way beyond their usual capacities to assist those in need, where needed. They deliver food, medicines, and provide essential services to vulnerable people that often happen to be the poorest. They offer psychological support, legal aid or shelter to the homeless, migrants and refugees, support against domestic violence, fundraise for hospitals... And where governments have used the crisis to seize public space and shrink fundamental rights and

ACTIVIZENSHIP #5 By Raffaella Bolini, Jean-Marc Roirant, Co-presidents, Alexandrina Najmowicz, Director 8th December 2020

the rule of law, civil society stands at the frontline to But with few means and little power, civic organ- oppose and resist. isations and movements try to mitigate the dire costs The health emergency has allowed most European of the crisis. Every day, all over Europe, they try to plug governments to gain exceptional powers, intro- the holes left by institutional policies (or lack of), espe- 5 duce blanket restrictions to fundamental rights and cially in the most vulnerable parts of our societies. At increase the power of law enforcement authorities. As the same time, they fight for those gaps to be filled, the analysis in this report shows, in most states, the through the advancement of rights, of social inclu- aggressive security narrative went hand in hand with sion, of equality. They galvanise people to participate, the use of coercive methods to enforce the COVID-19 to preserve and enlarge civic space, which is a pre- related restrictions and the closing of public space. condition for democratic, cohesive and resilient soci- In a context where a lot of regular and institution- eties. Civil society is more and more connected across alised channels for social and civil dialogue are broken borders to protect civic space and democratic values or weakened, and democratic checks and balances are from destructive pressures, from reactionary, racist, deteriorated, European streets have been crowded with and regressive forces. people in protests to manifest their griefs and dissatis- Despite this undeniable reality, we still have to faction, both with public policies and with those who spend too much of our time proving to institutions at decide them. But more and more, they are met with all levels that civic actors are not phantoms, that we disproportionate and often violent repression. exist, that we are a resource for our Europe. This trend towards more and more political control Of course, positive references to the role of civil of the social order through coercive measures and society can be found in the official EU documents. policing is very alarming. This year, five European coun- Dialogue channels have been opened, and we find tries have passed or have on the table (Greece, France, strong allies inside the European Parliament or the Poland, Denmark, United Kingdom) bills restricting United Nations. the right to protest beyond COVID-19. Following a Yet, across Europe, too many governments increas- trend highlighted in last year’s report, in 2020 Poland, ingly divide civil society into “good” and “bad” or distin- Bulgaria and Greece have proposed or introduced legis- guish between “political” and “a-political”. The European lation officially aimed at improving transparency, but institutions often neglect the role of organised civil the facto discriminately overburdening and stigma- society as providing democratic checks and balances, tising the sector. as mediator between the individual and the state.

STORIES FROM THE LOCKDOWN – LEARNING FROM CIVIC SPACE WATCH Today, the European associations gathering citizens These are issues we have been talking about for and civic organisations together across borders, are years, our words often falling on deaf ears. These not legally recognised, unlike the European compa- issues feed not only our campaigns but our knowledge, nies or cooperatives. The EU law-making processes proposals, and alliances with the academic and scien- today still neglect the implementation of civil dialogue tific world, in the European and international spheres. as a good governance principle laid down in Article 11 Collective organizing is crucial to channel people’s of the EU Treaty. voices and allow them to be heard. Civil society organ- During the pandemic, we had to mobilise and unite isations represent a wide range of constituencies and forces again across borders to ask for the not-for-profit have extensive knowledge of communities’ realities, sector to be included in the crisis packages offered to thus their participation in the public debate and in economic operators. Different from enterprises, their the law-making is essential to ensure coherent and not-for-profit economic model relies mostly on dona- fair responses to the needs on the ground. tions, subsidies, and membership fees, not on revenues We believe that our knowledge and practices are from activities... In a little number of member-states, needed to make Europe resilient and ready to face the such criteria have been included in the public support future, putting solidarity at the heart of the recovery schemes put in place. agenda. And despite the Commission’s recommendation We are here, as always, and will remain so. to consult civil society in the preparation of their And we aim at making tomorrow better than recovery and resilience plans, many governments yesterday. did not do so. Hundreds of thousands of associations have suspended their normal activities in these times. Millions of workers in the third sector are at risk of losing income. And as many associations close their doors because of the crisis, the local communities and vulnerable people they take care of risk more than ever 6 being left behind and marginalised. The European Civic Forum coordinated a broad Out of thirty inspiring stories that campaign to avoid cuts to the budget of the Rights and reached us through an open call in Values programme proposed by the Commission in May 2020, the European Civic Forum June. Finally, we celebrated a historic victory for civil Steering Committee selected seven society, since the deal brokered by the European Parlia- ment and the German EU Presidency finally raised the that present a fair territorial and budget of this programme from 0.8 to €1.6 billion for thematic distribution of the various the 2021-2027 period. This comes in a context when challenges and rights-related fights civic action is most needed, when sources of funding during COVID-19. We collected the are increasingly scarce – a process that is documented interviews in July 2020, while the in the present report. authors wrote the country case The pandemic is teaching our world many lessons. It is teaching us that humans are part of the planet’s studies and the general analysis life chain and do not own it. It is teaching us that the between August and October globalised free market and the climate crisis make us 2020. The data for the infographics vulnerable. It shows us that we are all interdependent, were collected with the support of that our security depends on each other’s security and The Wheel (Ireland), Maecenata that universal health and social protection is needed for all. It shows us that the common good must be Institute for Philanthropy and Civil protected by public institutions. It shows us what the Society (Germany), Centre for essential jobs are and that they must be recognised Information Service, Cooperation and and fairly paid. All in all, it is teaching us again the Development of CSOs (Slovenia). immense value of solidarity for all.

ACTIVIZENSHIP #5 LEARNING FROM CIVIC SPACE 7 WATCH

STORIES FROM THE LOCKDOWN CIVIC SPACE UNDER LOCKDOWN Civil society unlocks its potential

By Giada Negri, European Civic Forum 8 has been character- their attempt to concentrate powers in their hands but, ised by the COVID-19 even in countries where governments have been praised health emergency that for their balanced approach, the situation of exception produced consequences has exposed serious risks for European democracies, on our soci- adding to the trend of deterioration docu- 2020eties, economies and democracies that mented in previous years. are unprecedented in Europe in times of 2020 has also been characterised by an peace. We have changed our life to protect awakening of active citizenship to ensure at ourselves and others. We have all been the widest possible scale effective access to expected to act responsibly as individ- basic rights that the crisis has put at risk. uals and as a community. Many have found creative ways to be useful The institutions of the European Union to their communities, to offer social and and the Member States have taken deci- cultural tools against isolation, to volun- sions dictated by the urgency to slow down Giada Negri teer for providing support to the weak and the spread of the pandemic. The need to vulnerable which often happen to be the provide a quick and strong response in a short time poorest, to act as watchdogs vis a vis the consequences has increased the use of exceptional powers by the of the democratic and social crises, and to propose Governments at the expenses of the Parliaments and societal alternatives. Everywhere, organised civic actors, other institutions entitled to act as institutional checks as well as citizens and people spontaneously, have and balances. been and are in the front line to witness the precar- The need to prevent the spread of the contagion ious situations people suffer from, trying to respond to led to the imposition of strong restrictions on indi- people’s needs, to alert on the limitations and adverse vidual and collective freedoms. Some Governments took consequences of implemented public policies, to react advantage of this exceptional situation to legitimate against abuses of power, to put solidarity for all at the

ACTIVIZENSHIP #5 centre of the response to the crisis. Civic space under the lockdown has been narrowed but, even under detri- mental conditions, has shown a high level of dynamism. The European Civic Forum, together with its 1. COVID-19 members, has contributed to this dynamism and observed these trends through the Civic Space Watch (http://civicspacewatch.eu/solidarity-amid-covid-19- SHAKES THE crisis/), a platform collecting resources on threats to fundamental rights as well as positive initiatives, including those aimed at countering these threats. SOCIO-ECONOMIC Launched in early 2018, the platform has so far gathered nearly 800 resources from dozens of local, national and European organisations active in 26 EU countries. AND POLITICAL Throughout the pandemic, the European Civic Forum has organised consultations with major national platforms of civic organisations in order to map civil LANDSCAPE society’s actions concerning the health and social emergencies and to understand the needs and demands AS THE SOCIO-ECONOMIC SITUATION of civic actors to be brought to the attention of the DETERIORATES, SOCIETAL European institutions. VULNERABILITIES INCREASE The following analysis builds on the information Decades of insufficient public investment in and privat- collected through the Civic Space Watch and the work ization of the healthcare sector and social protection carried out by the ECF with the national platforms of infrastructures have debilitated Europe’s capacities to NGOs in 25countries. The analysis will showcase the respond efficiently to the health crisis. As a consequence, challenges civil society faced throughout the year 2020, many states have restricted freedom of movement and 9 with a particular focus on how the public measures the access to public space1 in order to decrease the triggered by the COVID-19 pandemic affected civic pressure on the health system - struggling to meet the space, and how civic actors responded. demands of the population and to keep the limited avail- Following the structure of the previous annual able means accessible to the highest risk groups. report, the analysis will look into how the pillars that The health crisis developed quickly into a social enable civic actors to unlock their potential were and economic crisis, with tens of millions of people affected by the exceptional circumstances of 2020: put out of work, many losing partially or in total their 1. The political, cultural and socio-economic landscape; 1 See: COVID-19 Civic Freedom Tracker, https://www.icnl.org/covid19tracker/. 2. The respect of civic freedoms; 3. The framework for CSOs’ financial viability and In the period January to October 2020, the European Civic Forum (ECF) monitored through the Civic Space Watch sustainability; the state of civic space in European countries, including 4. The dialogue between civil society and governing during the COVID-19 pandemic. The ECF Secretariat carried bodies; out media monitoring and liaised daily with NGOs on the 5. Civil society’s responses. ground. The analysis builds on the results of this monitoring activity, as well as on three consultation meetings with the ECF working group of national platforms of NGOs (3 and 23 April, 14 October 2020), two surveys on the impact of COVID-19 on fundamental rights and on civil dialogue and economic sustainability of the sector, and five interviews with local NGOs. The interviews were carried out with the support of Giorgia Gusciglio, former ECF Communication and event officer, and Vladimir Sestovic, ECF Communication and membership officer. Special thanks to the editorial team for the review and to Vanja Škorić, European Center for Non-for- Profit Law and Carlotta Besozzi, Civil Society Europe, for feedback and input in the analysis.

STORIES FROM THE LOCKDOWN – LEARNING FROM CIVIC SPACE WATCH sources of income and, in large numbers becoming study and the interviews with Czeslaw Walek and Filip unable to meet the basic needs of their families for Milde). These are trends that have been recurring across food, housing and health protection2. Europe. Adding to those who were already fragile, entire The economic shock triggered by the consequences groups were exposed to socio-economic difficulties, of the health emergency is exacerbating societal needs for example, artists and self-employed people (read and existing inequalities3. As stated by a coalition the interview with Nika Kovač), small business owners, of networks of associations in a letter to European health workers and renters. institutions: During 2020, civic actors have faced an increased demand “The COVID-19 pandemic is demonstrating for their services while their capacities have been reduced all too well that unequal societies go hand-in-hand as a result of the economic impact of the states’ restric- with human suffering, fragile economies and delicate tions and lack of economic responses to meet their needs democracies. […] This is more than a public health (see section 4 “Economic difficulties of the sector soar crisis; it is a systems crisis. Like the climate crisis, during the crisis”). Additionally, their staff have also been and the many other crises we face, it affects everyone among those suffering from loss of income as national but hits some harder than others. The COVID-19 recovery schemes have not systematically included CSOs pandemic magnifies the inequalities in our societies. among employers that can benefit from support. Inequality was already a global problem but it now risks growing to irreversible proportions. Alongside STATES CRUCIALLY CONFRONTED the millions of workers who have lost their jobs and WITH THEIR RESPONSIBILITY TO income, those most affected include migrants at the PROTECT THE PUBLIC GOOD borders, precarious workers, undocumented people, Member States have taken decisions dictated by the low-income families, homeless people, elderly people, urgency to slow down the spread of the pandemic. women, and people with disabilities or chronic illnesses Production was discontinued; economies were under – including many racial and ethnic minorities.” 4 lockdown. The management of the crisis changed the States did implement measures trying to compen- way in which many governments and the European 10 sate, at least in part, the disrupting effects on house- Union considered the role of the State. As mentioned holds and businesses. But these economic measures above, during the toughest phase of the restrictions, have often been insufficient and limited. The vulnera- most EU countries introduced support measures bilities experienced by those who were already vulner- aimed at companies, employees, families and vulnerable multiplied as support plans did not include or able groups to counter the impact on income and unem- only partially many categories5. ployment6. Some introduced unprecedented measures To mention just a few examples, in Spain, domestic to ensure the health protection of all7, breaking loose and care workers have been exposed to an increase of from the debt tyranny for a while and questioning the exploitation and discrimination (read the interviews privatisation of the health system. The UE suspended with Carol Elias); in Greece, the government support the Stability and Growth Pact8 and created new tools did not take into account how a sizeable part of the to support members states - putting aside the princi- population, especially young people and migrants, do ples of austerity of public finances in favour of a soli- not hold regular work contracts, thus leaving them darity-based approach. without access to public aid (read the Greek chapter); Moving beyond their mostly regulatory approach, across Europe, the LGBTI community was left behind States have played a direct role in protecting to most public relief programmes (read the transnational case vulnerable from the health, social and economic crises unfolding. Many states have shown a willingness to 2 For more information read: Graciela Malgesini, The impact of COVID-19 on people experiencing poverty and vulnerability. Rebuilding Europe with a social heart. https://www.eapn.eu/wp-content/uploads/2020/07/ 6 For more information, see: ETUC, COVID-19 Watch // ETUC Briefing notes, EAPN-EAPN_REPORT_IMPACT_COVID19-4554.pdf , EAPN, (July 2020). https://www.etuc.org/en/publication/covid-19-watch-etuc-briefing-notes. 3 Ibidem. 7 See : Graciela Malgesini, The impact of COVID-19 on people experi- 4 For a Europe that cares for all – during the COVID-19 pandemic and encing poverty and vulnerability. Rebuilding Europe with a social heart. beyond, https://civic-forum.eu/publications/open-letter/for-a-europe- https://www.eapn.eu/wp-content/uploads/2020/07/EAPN-EAPN_REPORT_ that-cares-for-all, (April 2020). IMPACT_COVID19-4554.pdf , EAPN, (July 2020). 5 See : Graciela Malgesini, The impact of COVID-19 on people experi- 8 Jorge Valero, EU countries warn of ‘severe economic downturn’, encing poverty and vulnerability. Rebuilding Europe with a social heart. suspend Stability Pact, https://www.euractiv.com/section/economy-jobs/ https://www.eapn.eu/wp-content/uploads/2020/07/EAPN-EAPN_REPORT_ news/eu-countries-warn-of-severe-economic-downturn-suspend-stabil- IMPACT_COVID19-4554.pdf , EAPN, (July 2020). ity-pact/, Euractiv, (24 Mar. 2020).

ACTIVIZENSHIP #5 act unseen in the last decades, although often insuf- been critically weakened with the narrowing of civic ficient to face the multifold challenges exposed by space (see section 2 “The deterioration of civic freedoms the pandemic. Universal health and social protection continues”) and downsizing of their capacities to act for everybody in our societies emerged in the public (see section 4 “Economic difficulties of the sector debate as a need, not anymore as a utopia. Some coun- soar during the crisis”). Additionally, in most countries took action to make a minimum income for all a tries, central governments showcased a real lack of reality in the time of the crisis9. political culture of managing crises by also relying on people’s knowledge and initiatives. As a case in point, A CRASH TEST FOR THE EFFECTIVE civic organisations, that are in a privileged position to FUNCTIONING OF DEMOCRACY AND provide information on the realities that citizens live, THE RULE OF LAW were often underrepresented or squeezed out of the The question how to guarantee the democratic life in consultation prior to decision-making (see section 3 a situation of emergency has been a challenge in the “The dialogue between civic organisations and governing context of the Covid-19 crisis. In these exceptional bodies is challenged during the crisis”). As we move circumstances, a general tendency to concentrate towards a normalisation of the virus in our lives, in powers at the Government level while limiting the role the long-term, the danger is to normalise emergency of institutions in charge of checks and balances has been and coercive practices that have emerged. reported across Europe. Most governments also closed the public space (see section 2.2 “Closing the public space, restricting the freedom of peaceful assembly) and TEN LESSONS LEARNED OUT OF THE CRISIS restricted fundamental rights claiming it was necessary for protecting people’ lives. To enforce these decisions, Humanity is going through an unprecedented crisis, with a lot of suffering, sacrifice, pain and drastic changes in our daily life. The crisis they often relied on the power of fear and resorted to gives us many lessons for the future. The European Civic Forum (ECF) coercive measures, raising concerns on their implemen- proposes these ten. tation in a number of cases (see section 2.3 “Securitising Lesson one: Our security depends on Lesson six: We are the earth’s 11 the public space, policing dissent”). In countries where the others’ security custodians, not its owners the functioning of democracy and the rule of law was We need universal health and social Nature is using our lockdown to already strained, authorities have taken advantage of the protection for everybody in our recover our damages. We must return situation to further concentrate their powers (see, for society and all over the world. to the world with ecological justice. example, the Slovenian case study) and to pass contro- Lesson two: We are all vulnerable Lesson seven: Essential workers versial legislation unrelated to the COVID-19 emer- and our destiny is interwoven. are real heroes. Women are at the forefront gency (see, for example, the chapter on LGBTI rights). Solidarity, equality, rights and caring Additionally, at European and national level, there is must be at the base of international Their contribution has to be a risk of weakening human rights standards, environ- relations and every days’ reality. recognized in the social hierarchy, the invisible ones must fully access their mental safeguards, and fiscal regulations as corpora- Lesson three: The common good rights. tions and anti-rights forces are using the pandemic as exists 10 Lesson eight: Time has to slow down an argument for action . Public institutions must serve, protect In this context of emergency where institutional and implement the common good, Lockdown forced us to give full place mechanisms of separation of powers and accounta- not particular interests. to social bonds, patience, compassion: we have to keep this in the long run. bility are shrinking, civic actors’ role as checks and Lesson four: Democracy is the balances become more crucial. However, these have crucial antivirus we all need Lesson nine: We need human, social, ecological security Citizens’ awareness, civic participation, trustworthy information, public We commit ourselves for a just 9 See, for example, Spain where the coronavirus crisis accelerated the approval of a guaranteed minimum income scheme in the country. research and education, transparent recovery and a just transition in our This program aims to reach 2,3 million people and it is a mechanism to institutions ensure the public good. country, in Europe and all over the guarantee earnings for families with low income. The Royal Decree-Law world. 20/2020 of 29 May, establishing the minimum vital income: https://www. Lesson five: The global market boe.es/buscar/act.php?id=BOE-A-2020-5493. system failed Lesson ten: The future must be 10 See for example: Corona Lobby Watch, https://corporateeurope. different from the past org/en/2020/05/corona-lobby-watch; Civil Liberties Union for Europe We have to relocalize production, and Greenpeace European Unit, Locking down critical voices, https:// implement circular economy, and have We need to learn from the Lessons dq4n3btxmr8c9.cloudfront.net/files/Mq7uU3/Civic_Space_Report_2020_ a universal basic income for all. and act together. Liberties_Greenpeace.pdf , (Sept. 2020).

STORIES FROM THE LOCKDOWN – LEARNING FROM CIVIC SPACE WATCH THE CRISIS AS A DRIVER TO PUT REGRESSIVE THINKING IN THE PUBLIC SOLIDARITY AT THE CENTRE SPACE IN TIMES OF THE PANDEMIC? OF COMMUNITIES Distrust in institutions has been growing for decades11. In While the pandemic exposed and deepened societal the current context, it is exacerbated by societal despair vulnerabilities leaving many without institutional protec- caused by the hardships described above and uncer- tion, communities, associations and social movements tainty for the immediate future. Additionally, it is also have mobilised quickly and successfully to provide fed by the coercive approach chosen by Governments effective accesses to basic rights that the crisis has in most EU countries (see section 2.3 “Securitising the jeopardised. An incredible number of citizens started public space, policing dissent”). The general feeling of offering help to their neighbours both in spontaneous joining forces in a common struggle and high trust in and organised ways. Civic actors have been on the front- Governments12 that has characterised the first phase of lines responding to pressing and emerging societal needs, the emergency has quickly been replaced by contesta- showing great reactiveness and resilience (see section tion, including in the form of protests in the streets. As 5 “Civil society unlocks its potential”). The actions to emerges in several case studies and interviews below, respond to the consequences of the crisis have opened regressive political parties and movements are already spaces for cooperation with institutions at the local level trying to surf these societal tensions with various degrees and with other civic actors. All across the interviews of success depending on the country. These forces also below, the importance of building bridges and conver- contribute to putting pressure on civic space when they gences across thematic fields and geographies emerges target democratic civic actors through aggressive narra- as a lesson learned from the pandemic. tives and attacks and question their role in society. Additionally, while the pandemic made those 11 Edelman, Edelman Trust Barometer 2019 – Global report, https://www. already vulnerable more at risk than ever, it also made edelman.com/sites/g/files/aatuss191/files/2019-02/2019_Edelman_Trust_ their struggles for solidarity and justice more visible. Barometer_Global_Report_2.pdf, (2019). 12 Edelman, Edelman Trust Barometer 2020 - Spring Update: Trust and These communities have been at the forefront of mutual the Covid-19 Pandemic, https://www.edelman.com/sites/g/files/aatuss191/ solidarity during the pandemic to deliver services to files/2020-05/2020%20Edelman%20Trust%20Barometer%20Spring%20 12 Update.pdf, (May 2020). their members and to advocate for their rights (see for example the interviews with Carol Elias and Moussa Sangaré) but also to bring crucial services to all people in needs without discrimination (see for example the interviews with Khedi Alieva and Moussa Sangaré). They are reclaiming their right to be part of the civic space after years of marginalization and exclusion. 2. THE Beyond the practice of solidarity in the form of mutual support, the crisis also opened an opportunity for rebuilding the trust in collective approaches that had DETERIORATION been shrinking over the last period. After decades of rising individualism and generalised competition, many citizens have rediscovered the profound links between OF CIVIC individual and social responsibility, the absolute need for public services to be managed outside of the markets’ rules, for policies aimed at social cohesion, care and FREEDOMS solidarity. These are the basic elements for a democracy that delivers for the people. However, the lessons unveiled by the COVID-19 pandemic are a matter of CONTINUES discussion that is far from reaching consensus. The 2019 report on civic space in the European Union showcased how restrictions (de jure and de facto) to civic freedoms are growing across the region following certain trends and contributing to shrinking the space of action of civic actors. This section describes some of the main

ACTIVIZENSHIP #5 themes emerged in 2020 concerning civic freedoms, in Ƚ Vilification of the sector in the eyes of the public as particular, freedom of association (sections 2.1 and 2.3.3), “foreign interests’ (in the case of Poland and Bulgaria) assembly (sections 2.2, 2.3, 2.4 and 2.6) and expression or “colluded with human smugglers” (as in the case (sections 2.3.3, 2.5 and 2.6). It also looks at some of the of Greece). developments concerning the right to access to infor- As we stressed in the previous report, this kind of legisla- mation and privacy (sections 2.5 and 2.6), that are inter- tion contributes to negatively affecting CSOs capacity connected and interdependent with and, as a conse- to focus on their mission in contexts where freedom of quence, inevitably affect said freedoms. Some of the association is also challenged by smear campaign, diffi- challenges to the exercise of civic freedoms described cult dialogue with public authorities (see section 3 “The below are generated by the democratic test posed by the dialogue between civic organisations and governing COVID-19 pandemic, which reproduced and magnified bodies is challenged during the crisis”) and reduced some of the trends already emerged. Others happen in financial resources (see section 4 “Economic difficul- parallel to the health crisis. All of them cumulate with ties of the sector soar during the crisis”). the ones documented in previous years and create an In Poland, on 7 August, the justice and environ- extremely testing environment in which civil society ment ministers proposed a law that would oblige NGOs operated in 2020. to declare sources of foreign funding, which would be published in a public register. Additionally, entities receiving at least 10% of their funding from abroad 2.1 RESTRICTING FREEDOM EVOLVING STANDARDS FOR FREEDOM OF ASSOCIATION

OF ASSOCIATION USING By European Center for Not-for-Profit Law (ECNL) TRANSPARENCY LEGISLATION The right to freely associate is well established in international and European human rights obligations and standards. Within the European Union context, it has evolved during 2020 through the European Court of Justice (ECJ) 13 13 Following a trend highlighted in the 2019 report and case law. ECJ officially sentenced that Hungary’s law on the transparency the footsteps of the Hungarian law on the transpar- of organisations supported from abroad is in breach of EU law, including ency of organisations supported from abroad dubbed provisions of the Charter of Fundamental Rights of the EU (“CFR”). This “Lex NGO” that was ruled a breach of the right to asso- decision sets a standard and provides strong arguments for the protection of access to funding by civil society organizations. It establishes that the provisions ciation by the European Court of Justice (See the box: of the Hungarian Transparency Law are discriminatory and pose unjustified “Evolving standards for Freedom of Association”), in restrictions on foreign donations to CSOs, in breach of its obligations under 2020 Poland, Bulgaria and Greece have proposed or Article 63 of the Treaty of the EU and breach or right to freedom of association, introduced legislation officially aimed at improving privacy and protection of personal data from the Charter. The ECJ clarifies the following interpretative and standard-setting points for future law-making: transparency, but the facto discriminately overbur- ɖ Free movement of capital presupposes the presence of capital dening and stigmatizing the sector. movements with a cross-border dimension, including “personal capital While the pieces of legislation described below movements”, such as inheritance, gifts, donations, endowments, etc. present differences, we observe they raise similar ɖ In terms of legitimate interests, restrictions/derogations to the free concerns and potential threats to the civic sector, movement of capital cannot apply indiscriminately to all CSOs receiving financial support from abroad, but could only target those which, having including: regard to their aims and the means at their disposal, are genuinely likely to Ƚ Double reporting requirements draining CSO have a significant influence on public life and public debate. resources; ɖ The objective of transparency cannot justify “a presumption made Ƚ Disproportionate sanctions in case of non-compliance; on principle” that any foreign funding offered and received by a CSO is “intrinsically liable to jeopardise the political and economic interests of Ƚ Discrimination of CSOs vis-a-vis other entities (like the Member State and the ability of its institutions to operate free from private companies) that are not subject to the same interference”. requirements; ɖ With regards to privacy, imposing or allowing the communication of personal data of natural persons to a public authority or public in general without consent is characterises as an interference in their private life and therefore as a limitation on the right, without prejudice to the potential 13 Giada Negri, One year of monitoring civic space: Challenges for acting justification of such provisions. for rights are increasing but civil society is striking back, Activizenship #4, European Civic Forum, http://civic-forum.eu/publication/view/activizenship-4, pp 16-19, (Dec. 2019).

STORIES FROM THE LOCKDOWN – LEARNING FROM CIVIC SPACE WATCH will have to state that on their website while those that for CSOs financed from abroad that is unclear whether receive more than 30% of their funding from abroad it would be made public. The Chairperson and board will be subject to additional obligations. Lack of compli- members of CSOs that have received foreign funding ance can be fined up to 50,000 zloty (11,340 euro) and will be obliged to declare their assets and interests the repeated violations could lead to the organisation to the Commission for Combatting Corruption and losing its NGO status14. Also, such information is already Confiscation of Illegally Acquired Property regardless available on the websites of civic organizations, that are of the amount of funding received from abroad by the already subject to stringent reporting requirements15. organisation, an obligation that is now only applicable While the Polish government took distance from the for individuals in high government positions19. The proposal of the two ministers stressing that this was proposed package was tabled after numerous repre- not politically agreed by the government, the minister sentatives of the government coalition have intensi- in charge of developing policies on CSOs said that he fied smear campaigns and attacks against democratic is also working on a legislative proposal concerning civil society20, including a proposal to de-register one the transparency of NGO funding16. It is important of the biggest and oldest human rights organizations to note that, in the last years, Polish NGOs that are in the country - the Bulgarian Helsinki Committee - critical of the government have been targeted by smear for being unconstitutional in September 201921. campaigns representing them as “foreign interests” In Greece, at the beginning of the year, the govern- and have been squeezed out of the public support17 ment has passed a law requiring all NGOs working (see section 4 “Economic difficulties of the sector soar with migrants to submit information concerning their during the crisis”). membership and employees to be collected in a register. In Bulgaria, on 1 July, a group of MPs from a parlia- The proposal arrived after the Minister of interior had mentary group partner in the ruling coalition proposed accused NGOs of collusion with smugglers. Following a package of amendments to the Not-for-Profit Legal the aggressive government-led smear campaign against Entities Act (CSO Law) and to several other laws. A volunteers and NGOs helping migrants and refugees, coalition of CSOs in the country18 explained that the tensions on the Greek islands have also skyrocketed, to 14 amendments would oblige non-profit entities with the point that a group of far-right activists conducted public benefit status to report all income from foreign street and house searches with batons looking for people sources (foreign states, individuals or companies) above working for NGOs in the village of Moria22. The regis- 1000 BGN (500 euro) within seven days from receiving tration would be “a necessary precondition for their the funding. Failure to comply would result in a pecu- activity, certification and cooperation with state author- niary sanction and, under the decision of the Minister ities”. The regulation raises several worries, including of Finance, the temporary suspension of the public double reporting requirement as all NGOs would have to benefit status of the organisation. A second violation re-register despite being already present in the existing could trigger the dissolution of the organization. The register23 (read more in the Greek case study). amendment also provides for the creation of a register

14 Juliette Bretan, Polish ministers propose law making NGOs declare foreign funding and creating public register, https://notesfrompoland. 19 Ibidem; BCNL, A Dangerous Attack Against Independent Civil Society com/2020/08/09/poland-seeks-to-make-ngos-declare-foreign-funding/, in Bulgaria, http://bcnl.org/en/news/a-dangerous-attack-against-inde- Notes from Poland, (9 Ago.2020). pendent-civil-society-in-bulgaria.html, (3 July 2020). 15 Magdalena Chrzczonowicz, POLAND: The Minister of environment 20 BULGARIA: Smear campaign against civil society organisations inten- is planning a law on foreign funding for NGOs, http://civicspacewatch. sifies,http://civicspacewatch.eu/bulgaria-smear-campaign-against-civ - eu/poland-the-minister-of-environment-is-planning-a-law-on-foreign- il-society-organisations-intensifies/, Civic Space Watch, (15 Jan. 2020). funding-for-ngos/, Oko.Press (unofficial translation on Civic Space 21 BULGARIA: Party in the governing coalition threatens de-registration Watch), (10 May 2020). of Bulgarian Helsinki Committee – civil society denounces the attack, 16 Juliette Bretan, Polish ministers propose law making NGOs declare http://civicspacewatch.eu/bulgaria-government-threatens-de-registra- foreign funding and creating public register, https://notesfrompoland. tion-of-bulgarian-helsinki-committee-civil-society-denounces-the-at- com/2020/08/09/poland-seeks-to-make-ngos-declare-foreign-funding/, tack/, Civic Space Watch, (2 Oct. 2019). Notes from Poland, (9 Ago.2020). 22 European Civic Forum, GREECE: Violence against migrants, volun- 17 Filip Pazderski, GROWING CENTRALISATION OF GOVERNMENT’S teers and NGOs intensifies in the Islands – Interview with Greek Forum CONTROL OF THE SECTOR New waves of informal activism emerge, of Refugees, http://civicspacewatch.eu/greece-violence-against-migrants- Activizenship #4, European Civic Forum, http://civic-forum.eu/publica- volunteers-and-ngos-intensifies-in-the-islands-interview-with-greek-fo- tion/view/activizenship-4, pp 88- 93 (Dec. 2019). rum-of-refugees/, Civic Space Watch, (17 Feb. 2019). 18 BULGARIA: MPs Submitted a Draft Law on Controlling Foreign 23 HIAS, Some thoughts on the new Joint Ministerial Decision, regu- Funding for NGOs, http://civicspacewatch.eu/bulgaria-mps-submit- lating the registration of migration-related NGOs in Greece, https://www. ted-a-draft-law-on-controlling-foreign-funding-for-ngos/, Civic Space hias.org/sites/default/files/greece-some_thoughts_on_jmd_3063.2020_ Watch, (8 July 2020). ngo_registry.pdf, (8 May 2020).

ACTIVIZENSHIP #5 critical examination and readjustment of govern- 2.2 CLOSING THE PUBLIC ment actions and laws. It also makes marginalised positions publicly visible. The community experi- SPACE, RESTRICTING ence on the street is also important for the formation and strengthening of political movements. As a THE RIGHT TO ASSEMBLY central democratic element, the political discourse on the street is therefore constitutionally protected As the COVID-19 virus spread across the region, by Article 8 of the Basic Law25.” national authorities started to restrict the public In early March, the European Center for Not-for- space and limit the possibility for gatherings of people. Profit Law (ECNL) and the International Center for Freedom of assembly suffered greatly in Europe like in Not-for-Profit Law (ICNL) started monitoring how other regions in the world. How to maintain people’s governments across the world tackled the pandemic right to protest while also safeguarding the rights to life and how the measures introduced affected freedom of and health has been a great democratic challenge. Most assembly, expression and privacy26. In mid-April, ECNL governments have been caught unprepared on how to published a first analysis of legislation introduced in tackle it. International standards set that freedom of Europe concerning the right to protest, pointing out peaceful assembly can be restricted for protecting public that in most EU countries freedom of assembly was health, thus restrictions on gatherings found necessity restricted as a byproduct of restrictions on movement in the global pandemic. However, at the beginning of the and gatherings, without specifically mentioning the health emergency, case law setting the boundaries and right to peaceful assembly, and leaving certain ambi- guidance on how to assess whether restrictions were guity as to what activities were permitted and which proportionate was missing. were restricted due to the “broad and vague” wording.27 As stressed in the first section of the analysis, in this The briefer also found differences in approaches as to context of emergency where institutional mechanisms the limit of the number of people gathering and time- of separation of powers and accountability are tested, frame of the restrictions28. 15 civic actors’ capacity to act as checks and balances is Often, the vagueness in addressing the right to fundamental. The right to peaceful assembly and peaceful assembly resulted in excessive discretion left to protest are crucial means for political partici- to competent authorities to decide whether to allow pation, and they gain special importance at times assemblies. For example, in Ireland, where restricting when far-reaching decisions are taken impacting freedom of movement provided a non-exhaustive list people’s socio-economic rights. Additionally, freedom of reasonable excuses to leave the place of residence, of assembly is especially important to give visibility the Irish Council for Civil Liberties (ICCL) observed to matters of general interest in contexts where usual that the treatment of assemblies across the country channels for dialogue between authorities and civil showed discrepancies29 (for more information on the society are not functioning well (see section 3 “The right to assembly in Ireland, read the Irish case study). dialogue between civic organisations and governing In a general tendency across Europe, the require- bodies is challenged during the crisis”). For example, ment to notify authorities of planned assemblies has in Germany, in a report on civil liberties during the started to de jure or de facto function as an author- pandemic, Greenpeace Germany stressed: isation system, even in case of small gatherings of a “Freedom of assembly is particularly important handful of participants. As a result, even where a total for democracy in Germany. The dialogue between politics and civil society is fragile and – unlike in 25 Greenpeace und Gesellschaft für Freiheitsrechte, Corona-Pandemie und die Einschränkung der Grundrechte, Eine juristische Kurzexpertise many states and at the level of the European Union der Gesellschaft für Freiheitsrechte (GFF), https://www.greenpeace.de/ – hardly institutionalised24. Apart from intervention sites/www.greenpeace.de/files/publications/juristische_bilanz_corona_ und_grundrechte.pdf, (Sept. 2020). in legislative procedures, protests in the streets are 26 COVID-19 Civic Freedom Tracker, https://www.icnl.org/covid19tracker/. the main means for civil society to make itself heard 27 Neil Jarman and Simona Ognenovska, ECNL, Protest in a time of pandemic, https://ecnl.org/sites/default/files/2020-08/Protest-in-a-Time- and to stand up for its own demands. The protesting of-Pandemic.pdf, (Mar.2020). civil society makes a significant contribution to the 28 Ibidem. 29 ICCL, Call to include physically distant protest as a reasonable excuse to leave home, https://www.iccl.ie/news/include-protest-as-reason- 24 For more information of civil dialogue, read the German case study. able-excuse/, (23 Apr. 2020).

STORIES FROM THE LOCKDOWN – LEARNING FROM CIVIC SPACE WATCH ban was not in place, often local authorities restricted Space Watch in June 2020 that in occasion of the May the right to freedom of assembly on the basis of public Day celebration, several trade unions requested to be health concerns. In several instances, peaceful protesters able to hold rallies or demonstrations following the have been dispersed, fined or arrested on the grounds sanitary requirements. Where this was not allowed, the of not having notified or received authorization from organisers challenged the decision in court, resulting competent authorities. in rulings of different nature. While many courts ruled As civil organisations and organisers of protests in favour of the right to peaceful assembly, the Consti- started to challenge the restrictions in courts, case law tutional Court confirmed the concrete prohibition on the issue has started to develop showing different of the demonstration of the trade unions in Galicia interpretations by Courts across the region and also because of the risk of contagion (Order of 30 April among courts in the same country. 2020, Appeal for protection 2023-2020)32. In Germany, where the COVID-19 restrictions were As the numbers of hospitalisations and infections decided at the state (Land) level - although the jure or started to be under control and governments slowly de facto the right to peaceful assembly was restricted all lifted COVID-19 related restrictions, the European across the national territory during the social lockdown Union Agency for Fundamental Rights (FRA) fourth in the spring – the watchdog organisation Gesellschaft bulletin on the implications of the pandemic for für Freiheitsrechte (GFF) reported that in a first phase, fundamental rights found that some states (including many administrative courts confirmed the bans on Denmark, Czechia, Portugal and Estonia) that main- assemblies, including total bans. However, in mid-April, tained limitations on large gathering of people made the Federal Constitutional Court (BVerfG) stated in exceptions for demonstrations33. However, freedom two landmark rulings (1 BvR 828/20 on 15 April and 1 of assembly remained restricted in some countries BvQ 37/20 17 April) that competent authorities cannot even as other areas of public life were opening up. rely on blanket restrictions to the right to peaceful For example, in Romania, in mid-June civil society assembly and must consider the specific case before organisations raised concerns that protests remained deciding to prohibit a demonstration. The Court also banned while culture events were allowed in small 16 stressed the need of authorities to cooperate with the groups gathering up to 500 people in open spaces, organisers of protests to ensure that the right can be maintaining safety distance34. In June, a protest by exercised without risks before deciding on the restric- human rights groups against a law passed by the Parlia- tion and the responsibility to ensure the respect on ment on banning gender education and gender defi- safety measures cannot be placed on the organisers nition was staged in front of the presidency and some alone but should be shared with competent authori- people were fined based on these grounds35. ties30. This addresses a tendency of public authori- In several states, while demonstrations are ties that emerges in different countries in some of allowed, authorities have introduced other forms the cases described in this section and the one that of restrictions in addition to the respect of hygienic follows (2.3 “Securitising the public space, policing measures (social distancing and wearing of protec- dissent”) to shift the responsibility to guarantee the tive masks), such as on the form of the assembly compliance with social distances on the organisers (static v. marching) and limitations to the number of of public demonstrations. In Spain, the State of emergency31 does not allow for the suspension of any fundamental rights, including the right to peaceful assembly, but it allows to adopt some limitations or restrictions to its exercise. The 32 Defender a quien Defiende, SPAIN: Human rights and support coalition to protect the right to protest Defender a networks in times of pandemic, https://civicspacewatch.eu/spain-hu- quien defiende (DqD) wrote in an analysis for the Civic man-rights-and-support-networks-in-spain-in-times-of-pandemic/, Civic Space Watch, (9 July 2020). 33 FRA, Coronavirus pandemic in the EU - Fundamental Rights Implications - 30 Greenpeace und Gesellschaft für Freiheitsrechte, Corona-Pandemie Bulletin 4, https://fra.europa.eu/sites/default/files/fra_uploads/fra-2020-coro- und die Einschränkung der Grundrechte, Eine juristische Kurzexpertise navirus-pandemic-eu-bulletin-july_en.pdf, P. 18, (29 July 2020). der Gesellschaft für Freiheitsrechte (GFF), https://www.greenpeace.de/ 34 Solicităm măsuri care să permită exercitarea drepturilor la adunări sites/www.greenpeace.de/files/publications/juristische_bilanz_corona_ publice, https://www.stareademocratiei.ro/2020/06/18/solicitam-masu- und_grundrechte.pdf, (Sept. 2020). ri-care-sa-permita-exercitarea-drepturilor-la-adunari-publice/, TAMTAM, 31 The state of emergency was declared on 13 March and lasted until (18 June 2020). 24 June after three extensions approved by the Congress of Deputies. 35 Reported during interview with FDSC on 31 July 2020.

ACTIVIZENSHIP #5 participants. For example, in Finland36 and Slovakia37 In Spain, civil society highlighted that the end was limited to 500 people. In Belgium, until 30 June of the state of emergency in June created a situation public gatherings were limited up to 20 persons and, of serious legal uncertainty in regard to the right of as of 1 July 2020, up to 400 persons. Nevertheless, on assembly and protest. As freedom of assembly became several occasions, the police allowed demonstrations a matter of competence for the territorial autonomies, of more than 400 people by organising the protests in competent authorities at the local level are having great a group of 400 demonstrators. Demonstrations have discretion in this regard and showcasing a level of arbi- to be static and to respect the personal distance. Addi- trariness in deciding which protests will be authorised. tionally, protesters have to request for the authori- While the central government asked for this right to sation of competent authorities38 going beyond the be respected, each autonomy acted differently. For international standards of notification. example, in Catalonia, marches are not allowed, but In France, the decision of the government to ban gatherings in static form are allowed. Differently, in public gatherings exceeding ten people39 was success- Madrid, local authorities decide on an individual basis43. fully challenged in court by the French watchdog organ- In Italy, the decree-law of 23 February provided for isation Ligue des Droits de l’Homme (LDH). On 12 the bans of all public gatherings, including demonstra- June 2020, the Council of State declared that the ban tions. The country adopted a strong stance against any on demonstrations was not justified by the current presence in the public space, including for the purpose health situation when the safety measures could be of protesting. In an analysis for the Civic Space Watch, respected or when the event was unlikely to bring the Italian watchdog Osservatorio Repressione reported together more than 5,000 people. The judge also added several instances in which activists were identified, that, in accordance with the law, any demonstration brought to the police barricades (sometimes violently) must be declared in advance to the town hall or prefec- and fined for posting banners demanding more socio- ture, and that it may be banned by the police author- economic support from the state in small gatherings ities or the prefect if they consider that it is likely to of two or three people maintaining social distancing disturb public order, including for health reasons, or in occasion of 25 April (national celebration) and 1 17 when “local circumstances so require”40. On 21 June, a May44. The ban on public demonstrations was lifted new decree allowed prefects to authorise public gath- on 18 May, but under the conditions for assemblies to erings if the organisers were able to ensure compli- be static and respect 1-meter interpersonal distance ance with the safety measures41. In July, the Council among participants45. Civil society questions whether of State intervened again suspending the requirement it is proportionate to impose a general ban on marches. for authorisation as a disproportionate infringement It is important to note that throughout the year, of the right to demonstrate42. regulations and attitudes of authorities concerning the right to peaceful assembly have changed rapidly inside member states, creating uncertainty on the 36 Finnish Government, Changes to restrictions imposed due to COVID-19 epidemic as of 1 June, https://valtioneuvosto.fi/en/-/10616/muutok- exercise of this right. Additionally, in some country, sia-koronavirusepidemian-vuoksi-asetettuihin-rajoituksiin-1-kesakuuta, while the right was protected de jure, public officials (31 May 2020). 37 Reported by Via Iuris on 27 July 2020 through survey. have discouraged the use of public demonstration as a 38 Nouvelle phase du déconfinement en Belgique et nouvelles mesures: means for political participation. The public discourse revivez le direct de la journée et les annonces, https://www.sudinfo. be/id211462/article/2020-06-24/nouvelle-phase-du-deconfinement-en- has also sometimes blurred the lines between people belgique-et-nouvelles-mesures-revivez-le, Sudinfo.be, (24 June 2020). gathering for the purpose of protest and for other social- 39 Decree n° 2020-545 of 11 May 2020, available at: https://www.legifrance.gouv.fr/jorf/id/JORFTEXT000041858681/. ising purposes. 40 Conseil d’Etat, Le juge des référés du Conseil d’État suspend l’interdiction générale et absolue de manifester sur la voie publique, https:// www.conseil-etat.fr/actualites/actualites/le-juge-des-referes-du-conseil- d-etat-suspend-l-interdiction-generale-et-absolue-de-manifester-sur-la- voie-publique, (13 Juin 2020). 41 Decree n° 2020-759 of 21 June 2020, available at: https://www.legifrance.gouv. 43 Reported By DqD on 23 September 2020. fr/affichTexte.do;jsessionid=4AEB4FD973788CE05BFDF723CA4EEE8C.tplg- 44 Osservatorio Repressione, ITALY: The right to assembly and protest fr30s_2?cidTexte =JORFTEXT000042020786&idArticle=&categorieLien=id, during the lockdown, http://civicspacewatch.eu/italy-the-right-to-assem- 42 Conseil d’Etat, Le juge des référés du Conseil d’État suspend l’obli- bly-and-protest-during-the-lockdown/, Civic Space Watch, (9 June 2020). gation d’obtenir une autorisation avant d’organiser une manifestation, 45 Osservatorio Repressione, ITALY: Restrictions on the right to peaceful https://www.conseil-etat.fr/actualites/actualites/le-juge-des-referes-du-con- assembly are disproportionate, http://civicspacewatch.eu/italy-restric- seil-d-etat-suspend-l-obligation-d-obtenir-une-autorisation-avant-d-or- tions-on-the-right-to-peaceful-assembly-are-disproportionate/, Civic ganiser-une-manifestation, (6 July 2020). Space Watch, (16 Nov. 2020).

STORIES FROM THE LOCKDOWN – LEARNING FROM CIVIC SPACE WATCH pandemic on the individual citizens. For example, in 2.3 SECURITISING THE PUBLIC June, Osservatorio Repressione wrote in an analysis for 46 the Civic Space Watch concerning freedom of assembly SPACE, POLICING DISSENT in Italy: “The political and institutional narrative was The COVID-19 pandemic has been framed as a matter immediately characterised by the use of a warlike and of public security. Especially in the first phase of the patriotic lexicon (“We are at war against an invisible pandemic, the public discourse described the efforts enemy“) and armoury. The military was deployed in to slow down the spread of the virus as a “war” against the streets with functions of public security and vigi- the virus and shifted the responsibility to “fight” the lance of the obligation of self-certification to justify individual movements. The Government resorted to 46 Hereby we are adopting a broad understanding of ‘policing’ beyond the mere actions by the Police institution, in the attempt to include other the militarisation of the territory by land, sea and sky set of institutions through which social order is created and protected. (even through the use of drones!). The responsibility See Mark Neocleous, The Fabrication of Social Order. A Critical Theory of Police Power, 2000. was placed on individual citizens invited through all media channels to denounce in anonymity the “irre- EVOLVING STANDARS FOR FREEDOM OF ASSEMBLY sponsible”, “selfish” ones from their balcony via an anti-gathering app. Runners, walkers, delivery men By European Center for Not-for-Profit Law (ECNL) and women were systematically identified as guilty Protecting the right of peaceful assembly has never been more important, with of putting at risk the lives of all to the cry of “It is widespread protests in 2020 followed by repressive practices and restrictions, the fault of those like you if there is contagion!”. As a including limitations on gatherings imposed in response to the COVID-19 result, the suppression of collective rights and freedoms pandemic. The UN Human Rights Committee issued a timely comprehensive appeared as a duty because of the (umpteenth) emer- guidance on the right of peaceful assembly based on Article 21 of the 47 International Covenant for Civil and Political Rights. The General Comment gency faced. ” No. 37 on Article 21, ICCPR (Right of Peaceful Assembly) stipulates relevant and As in Italy, in most states, the aggressive security authoritative standard-setting interpretations on UN Member States’ positive narrative went hand in hand with the use of coercive 18 obligations towards safeguarding fundamental rights and freedoms. These methods to enforce the COVID-19 related restric- include: tions and the closing of public space. In this context, ɖ Restrictions on assemblies: authorities should first apply least-intrusive limitations, prohibition should be a last resort. Restrictions must not be citizens lost confidence in using the public space for based on the message of the assembly. Assemblies must be allowed to be the most basic everyday needs let alone occupying it held within sight and sound of their target and “Public order” cannot be used for the purpose of public participation and protest. to justify overbroad restrictions. Even when the deployment of the security apparatus ɖ Enforcement: only law enforcement officials trained in the policing of assemblies should do so, not the military. They must exhaust non-violent to enforce the restrictions and the security discourse means, provide a warning, and only use the minimum force if it proves were not directly targeting civic freedoms, they created necessary. Assemblies may only be dispersed in exceptional cases. a climate of mistrust and terror that affected people’s ɖ The inclusion of digitally-mediated physical assemblies as well as ability to make use of the public space and exercise assemblies entirely held in the online space in the protection of their fundamental rights. In some case, the sole act Article 21, ICCPR: this is of particular importance especially now when most of our activity is moving online because of the lockdowns related to the of gathering in the streets and living the public space pandemic. became an act of protest and resistance. Thus, the ɖ The acknowledgment that even assemblies that do not have a first part of this section briefly looks at the use of the primarily expressive purpose are protected by Article 21, ICCPR. This security forces to police the pandemic; the second part means that assemblies whose function is primarily of social and relational values, e.g. people assembling for commemorative reasons or to play games showcases examples of heavy-handed policing of assem- or take part in other collective recreational activities are now protected blies; and the third provides cases of policing freedom under this right. of expression and association during the pandemic. ɖ The addition of private meetings to the non-exhaustive list of assemblies protected by the right. This will ensure that not only assemblies held in public places (e.g., street protests) or in privately-owned but publicly accessible spaces (e.g., gatherings in shopping malls), but also meetings held in enclosed spaces (e.g., in private homes to discuss and plan public demonstrations) enjoy the same protection granted by Article 21, even though they should not be subject to the same type of obligations (e.g., 47 Osservatorio Repressione, ITALY: The right to assembly and protest notification regimes) due to the nature of their location. during the lockdown, http://civicspacewatch.eu/italy-the-right-to-assembly-and-protest-during-the-lockdown/, Civic Space Watch, (9 June 2020).

ACTIVIZENSHIP #5 2.3.1 DEPLOYING THE COERCIVE power to make regulations banning events, and making APPARATUS TO POLICE THE PANDEMIC it illegal to move around the country or leave home In most countries, the enforcement of the restric- without a reasonable excuse55. Until the beginning of tions was carried out by the police patrolling the April, these measures were enforced by consent based streets. In some countries, governments also deployed on a community policing approach placing emphasis the military to enforce the restrictions on freedom of on educating the public rather than on threatening to movement. For example, in Italy, the Army put at disposal impose sanctions. However, on 7 April, the Minister of military hospitals to ease the pressure on the medical Health signed new regulations giving effect to emer- facilities in the country48 , and it was also positioned in gency powers for the police during the Covid-19 crisis, several locations to ensure the respect of the restriction including a 2,500 Euro fine or six months in prison for to freedom of movement with “public security officer” people failing to respect the restrictions. Police forces powers, including the possibility to detain and identify were allowed to “ask for names and addresses and where people49. In Bulgaria, the military supported civilian this was refused, they could arrest someone. They were law enforcement officers with a mandate to use force given the power to tell anyone they suspected of breaching if necessary50. In Slovakia, in April authorities imposed the regulations to comply or they could arrest them. And mandatory quarantine of some Roma settlements for they were given the power to assist a medical officer to COVID-19 with the supervision of the police forces and detain someone refusing to self-isolate56”. As reported by the army51 52. In Spain, at the end of September, the army ICCL in the Irish case study below, while after June the was deployed was deployed in Madrid to enforce the local regulations ceased these powers and less restricted, lockdowns in some of the region’s neighbourhoods53. they foresee criminal sanctions for organisers of gath- Some states introduced harsher sanctions and erings of more of 50 people indoors and more than granted (or attempted to grant) police forces new 200 outdoors (for more information read the case powers to enforce them. For example, some member study). On the basis of the regulations, the police are states granted police officers the power to inflict on spot currently investigating the organisers of Black Lives fines54. In some countries, the police were granted addi- Matter Dublin for a protest that brought 5000 people 19 tional powers to manage or sanction content deemed in the streets at the beginning of June. As a result, fake by the authorities (see section 2.3.3 “Policing the organisers cancelled the follow-up demonstration freedom of expression and association”) or in the area planned a few days later57. of access to private data for the purpose of tracking In Poland, at the end of March, a new petty offence the spread of the virus raising issues of surveillance was introduced allowing police officers to arrest, detain (see section 2.5 “Data gathering and surveillance”). or fine in the case of intentional disobedience to the In Ireland, the government passed emergency legis- instructions of a Police or Border Guard officer. As lation on 20 March which gave the Minister for Health reported by the Polish Helsinki Foundation for Human Rights to the FRA in May 2020, the Ombuds Office 48 L’Esercito contro il Covid – 19, http://www.esercito.difesa.it/comu- nicazione/Pagine/LEsercito-contro-il-Covid-19.aspx , Esercito Difesa, and civil society raised concern that this measure is (20 Mar. 2020). vaguely defined and will stay in force and enforced 49 Camera dei Deputati servizio studi, L’impiego delle forze armate 58 nella fase 1 dell’emergenza COVID-19, https://www.camera.it/temiap/ after the pandemic in the context of protests . In the documentazione/temi/pdf/1212563.pdf?_1587562991446 , (21 Apr. 2020). Penal Code, the penalties for exposing other people 50 Bulgaria military allowed to use force amid coronavirus curbs, https:// www.aljazeera.com/news/2020/03/20/bulgaria-military-allowed-to-use- to dangerous diseases have also been tightened, with force-amid-coronavirus-curbs/ , Aljazeera, (20 Mar. 2020). 51 Amnesty International, Policing the pandemic: Human rights violations in the enforcement of COVID-19 measures in Europe, https://www. 55 Health (Preservation and Protection and other Emergency Measures amnesty.org/download/Documents/EUR0125112020ENGLISH.PDF, pp in the Public Interest) Act 2020, available at: https://www.oireachtas.ie/ 20-22, (June 2020). en/bills/bill/2020/3/, (20 Mar 2020). 52 Slovakia will test Romani settlement residents for COVID-19 and isolate 56 Doireann Ansbro, What Are the Dangers with the New Garda Powers?, infected people in state-run facilities, http://www.romea.cz/en/news/ https://dublininquirer.com/2020/05/20/doireann-what-are-the-dangers- world/slovakia-will-test-romani-settlement-residents-for-covid-19-and- with-the-new-garda-powers, Dublin InQuirer, (20 May 2020). isolate-infected-people-in-state-run-facilities , Romea.cz, (1 Apr.2020). 57 Conor Lally, Why is there a criminal investigation into the Black Lives 53 Reuters Staff, Madrid asks for Spanish army’s help in battling coro- Matter Dublin protest?, https://www.irishtimes.com/news/crime-and-law/ navirus surge, https://www.reuters.com/article/us-health-coronavi- why-is-there-a-criminal-investigation-into-the-black-lives-matter-dub- rus-spain-madrid-idUSKCN26C1TO, Reuters, (21 Spet. 2020). lin-protest-1.4270112, The Irish Times, (3 June 2020). 54 FRA, Coronavirus pandemic in the EU – Fundamental rights impli- 58 Helsinki Foundation for Human Rights, Coronavirus pandemic in the cations: with a focus on contact-tracing apps, https://fra.europa.eu/ EU – Fundamental Rights Implications: Poland, https://fra.europa.eu/ sites/default/files/fra_uploads/fra-2020-coronavirus-pandemic-eu-bul- sites/default/files/fra_uploads/pl_report_on_coronavirus_pandemic_ letin-may_en.pdf, p20, (Apr. 2020). may_2020.pdf, FRA, p. 4, (4 May 2020).

STORIES FROM THE LOCKDOWN – LEARNING FROM CIVIC SPACE WATCH specific mentions to the HIV virus. Additionally, changes example, in Croatia62, Romania, Spain, Belgium63, France, to the 2008 Act on Preventing and Combating Infections Greece64). and Infectious Diseases in People allows state district For example, in Romania, at the beginning of April, sanitary inspectors, state border sanitary inspectors, the government increased the sanctions for individ- voivodes or the minister of health to impose fines up uals not respecting the restrictions on movement to 30,000 PLN (approximately 6,500 euro) on persons between RON 2.000 and 20.000 lei (approximately who “in a state of epidemic danger or state of epidemic 415-4,150 euro), amounts that many found dispro- do not comply with orders, prohibitions or restric- portionate compared to the average income in the tions established on the basis of Article 46 or Article country65. According to media reports, in the first 35 46b of the Act” on the basis of evidence provided by days of the state of emergency, police had imposed over the police. Filip Pazderski from the Polish Institute 200’000 sanctions amounting to 90.7 million Euro66. for Public Affairs reported to the ECF: The Ombudsman called on the Minister of Interior to “The decision on sanctions is delivered immedi- define the offences to avoid abusive sanctions and, at ately and is subject to immediate execution. And there the beginning of May, the Romanian Constitutional is no need for the relevant services to take evidence. Court ruled that the emergency ordinance is uncon- This means that the citizen’s right to be tried in court stitutional67. Civil society also reacted to the episodic is effectively withdrawn. Especially in the situation of excessive and unjustified use of force displayed by increasing limitations in the functioning of the justice police forces during ID checks that were recorded on system, citizens could not effectively appeal against videos spread on social media68. the decision on penalties. On this basis, people partic- In Spain, the collective Defender a quien defiende ipating in one-man demonstrations against various (DqD) reported to the ECF in June: actions of the government or criticising the current “Differently from other countries, Spain did not president - during the presidential campaign, which develop an ad hoc legislation to enforce the restric- lasted continuously since February were also punished tive measures during this state of emergency: the and, usually, they received the maximum amount legislative framework introduced in 2015, through 20 of the punishment applicable in these cases (10,000 59 PLN, 2,500 euro)” . 62 For example: Helena Tkalčević and Antonija Tušek, Zagreb: Muškarac In many countries, police forces have been ques- ušao u vlak s djetetom, ali nije htio staviti masku. Policija ga je izbacila, https://www.24sata.hr/news/zagreb-muskarac-usao-u-vlak-s-djetetom- tioned for abuse of their powers in imposing fines ali-nije-htio-staviti-masku-policija-ga-je-izbacila-702375, 24 Sata, (27 (for example, in Austria60, Romania, Poland61, Spain) June 2020). 63 Ligue des Droits Humains, Victime ou témoin d’abus policier : la as well as for the use of force against the public (for Ligue des droits humains lance un appel à témoignages, https://www. liguedh.be/victime-ou-temoin-dabus-policier-la-ligue-des-droits-humains- lance-un-appel-a-temoignages/, (20 April 2020); Jennifer Rankin, Black MEP describes being victim of Belgian police brutality, https://www. theguardian.com/world/2020/jun/17/black-german-mep-pierrette-herz- berger-fofana-tells-european-parliament-she-was-victim-of-belgian-police-brutality , The Guardian, (17 June 2020). 64 Iason Athanasiadis, In Pandemic-Era Greece, Fighting for Control of the Square, https://balkaninsight.com/2020/05/14/in-pandemic-era- greece-fighting-for-control-of-the-square/ , Balkan Insight, (14 May 2020). 65 Marcel Gascón Barberá, Romania Police Accused of Abuse As COVID-19 Fines Soar, https://balkaninsight.com/2020/04/23/romania-police-accused-of-abuse-as-covid-19-fines-soar/ , Balkan Insight, (23 Apr. 2020). 66 ibidem 67 Human European Consultancy, Coronavirus pandemic in the EU – Fundamental Rights Implications – Romania, https://fra.europa.eu/ sites/default/files/fra_uploads/ro_report_on_coronavirus_pandemic_ may_2020.pdf, FRA, (4 may 2020). 68 Bogdan Păcurar, VIDEO Polițist filmat cum bate un bărbat pe stradă. Poliția Capitalei anunță că agentul va fi cercetat, https://www.digi24.ro/ 59 Exchange on 22 October 2020. stiri/actualitate/video-politist-filmat-cum-bate-un-bate-un-barbat-pe-stra- 60 Corona-Strafen: 3.300 Einsprüche alleine in Wien, https://kurier.at/chronik/ da-politia-capitalei-anunta-ca-agentul-va-fi-cercetat-1289018, Digi24, (8 wien/corona-strafen-3300-einsprueche-alleine-in-wien/400940507, Kurier, Apr. 2020); Apador-CR, Apel la calm și reținere către cetățeni și autorități (15 June 2020); Corona / COVID Virus: Einspruch gegen Strafverfügung: deopotrivă, pentru a traversa starea de urgență fără să ne pierdem încre- https://www.anwaltklammer.com/COVID-Strafen-Einspruch. derea unii în alții, https://apador.org/en/regulile-trebuie-respectate-dar- 61 Agnieszka Wądołowska, Police issue thousands of fines for violating nu-impuse-cu-pumnul/, (9 Apr. 2020); Alison Mutler, Romania Wrestles coronavirus restrictions over Easter in Poland, https://notesfrompoland. With Balance Under Coronavirus State Of Emergency, https://www.rferl. com/2020/04/14/police-in-poland-issue-thousands-of-fines-for-violating- org/a/romania-wrestles-with-balance-under-coronavirus-state-of-emer- coronavirus-restrictions-over-easter/ , Notes from Poland, (14 Apr.2020). gency/30559749.html , Radio Free Europe, (16 Apr. 2020).

ACTIVIZENSHIP #5 the amendments to the Penal Code and the Citizen “Heavy-handed policing of freedom of assembly and Security Law (known as “Ley Mordaza”, “Gag Law”) protests” and section 5 “Civil society unlocks its poten- was already restrictive enough. For example, police tial”) brought to the public attention the long-term agents used the article 36.6 of Ley Mordaza to sanction demand by families of victims of police violence to people who breached some kind of restriction under prohibit the deadly arrest techniques and weapons used the state of emergency with fees ranging between 601 by the police in France73. On 10 April, several organ- and 30,000 euro for “disobedience or resistance to the isations addressed a letter to the Prime Minister, the authority or its agents in the exercise of their func- Minister of the Interior and the Secretary of State of tions”. As a result of the unclear instructions to the the Minister of the Interior calling for the respect of population, the ambiguous and restrictive law, and the rule of law by law enforcement forces, after the the lack of clear, unequivocal protocols for the law- episodes of alleged unjustified fines and violence had enforcement authorities, 1,013,000 fines were issued multiplied74. Civil society also warned against police and 8,500 people arrested as of 15 June. In addition, using insulting language during checks75. According to different organizations have been compiling visual the analysis by Amnesty International, records of heavy- evidence of different police actions against people on handed policing and unlawful use of force were more the street, which have proved repeated arbitrariness frequent in low-income neighbourhoods with larger on the sanctions and excessive use of force during proportions of people of colour and other minorities76. identifications and arrests.69” DqD also highlighted that during the lockdown this 2.3.2 HEAVY-HANDED POLICING framework left particularly exposed those with non- OF FREEDOM OF ASSEMBLY AND regularised administrative situations, including those PROTESTS working in essential services without regular contracts, In the first phase of the restrictions, most people like caregivers and domestic workers70. complied with the regulations concerning the COVID-19 In June, a report by Amnesty International on pandemic and the right to peaceful assembly was not a the human rights violations in the enforcement of matter of public debate. However, as the socio-economic 21 COVID-19 measures in Europe documented how fines effects of the restrictions started to affect the popula- and policing abuses across Europe disproportionately tion and the public started to question the legitimacy impacted racialised groups, including Black people, and legality of governments’ actions, demonstrations Roma and people on the move and migrants, as well started to pop up again. as homeless71. In this sense, the pandemic amplified In some cases, the coercive apparatus in place to a tendency of police abuse against these groups that police the COVID-19 rules was applied against people in many countries already existed. exercising their right to peaceful assembly while For example, this was the case in France, where respecting the safety measures, raising concerns on a trend of abuse of power and impunity by the police the intent of authorities to curtail dissent. had been under the public eye at least since 201672. In Hungary, all outdoor and indoor events, including The human rights monitoring by civil society during assemblies and demonstrations, were banned on 17 the pandemic as well as the protests against police violence in June (see more information in section 2.3.2

73 European Civic Forum, FRANCE: Families of victims of police violence 69 Defender a quien Defiende, SPAIN: Human rights and support networks demand the prohibition of deadly arrest techniques and weapons used in times of pandemic, http://civicspacewatch.eu/spain-human-rights-and- by the police, Civic Space Watch, http://civicspacewatch.eu/france-fam- support-networks-in-spain-in-times-of-pandemic/, Civic Space Watch, ilies-of-victims-of-police-violence-demand-the-prohibition-of-dead- (9 July 2020). Examples of police violence reported by DqD: March: ly-arrest-techniques-and-weapons-use-by-the-police/, (6 Feb. 2020). http://civicspacewatch.eu/spain-reports-on-four-cases-of-police-abuses- 74 LDH, POUR UN RESPECT DE L’ETAT DE DROIT EN MATIÈRE DE during-covid-19/; April: http://civicspacewatch.eu/spain-report-via-red- VERBALISATIONS/AMENDES, https://www.ldh-france.org/pour-un- malla-of-three-police-abuses-in-april/; May: http://civicspacewatch.eu/ respect-de-letat-de-droit-en-matiere-de-verbalisations-amendes/ , (10 spain-report-via-red-malla-of-three-police-abuses-in-may/. Apr. 2020). 70 Ibidem. 75 Léa Guedj, Confinement : plusieurs personnes affirment avoir été 71 Amnesty International, Policing the pandemic: Human rights viola- brutalisées et insultées lors de contrôles de police, https://www.fran- tions in the enforcement of COVID-19 measures in Europe, https:// ceinter.fr/confinement-plusieurs-personnes-affirment-avoir-ete-brutali- www.amnesty.org/download/Documents/EUR0125112020ENGLISH. sees-et-insultees-lors-de-controles-de-police, France Inter, (5 Apr. 2020). PDF, (June 2020). 76 Amnesty International, Policing the pandemic: Human rights viola- 72 For previous developments, check France case study and interview tions in the enforcement of COVID-19 measures in Europe, https://www. in the Activizenship #4, European Civic Forum: http://civic-forum.eu/ amnesty.org/download/Documents/EUR0125112020ENGLISH.PDF, pp publication/view/activizenship-4, pp. 53- 68, (Dec. 2019). 20-22, (June 2020).

STORIES FROM THE LOCKDOWN – LEARNING FROM CIVIC SPACE WATCH March 2020 until 18 June77. From 20 April for five days, distance. Following public outcry, the penalties were people started to stage protests in front of the Prime dropped83. Minister’s headquarter by honking their cars in oppo- As the second wave of COVID-19 hit the country, sition to the government’s management of the COVID restrictions to the number of protesters have been crisis. Participants were fined by the police on the basis introduced (25 in Warsaw from 17 October, five from of breaking traffic rules and unnecessary movement 26 October). Following a court ruling that results in during the lockdown. The protests were cancelled due an almost complete ban on abortion on 22 October, to astronomical fines handed out by Budapest police Polish women and men have staged daily protests across up to 750’000 Florint (2’100 Euro)78. the country that have met with violence by the police, In Poland, on 20 March, the Minister of Health including the use of tear gas and pepper spray. As of 28 introduced a ban on organising mass events and public October, the CIVICUS Monitor reported that “about assemblies attended by more than 50 persons79. In mid- 200 protesters will face administrative fines for not April, two bills were discussed in Parliament, which complying with anti-COVID sanitary laws, and about would have de facto resulted into an almost-total 125 protesters will face criminal fines for participating abortion ban and the suppression of relationship and in an illegal gathering.”84 On 23 October, Ordinance sexuality education80. The movement Polish Women’s No 180 of the Prime Minister provided for the use of Strike found creative ways to protest online and in the Military Police soldiers to provide assistance to the streets by queuing at the store or riding cars. Despite Police to curb the protests85. On 29 October, a letter the activists carefully maintaining safety measures, by the national public prosecutor instructed subordi- police issued fines up to 6,600 euros to almost 100 nate units on how to deal with the organisers of the protesters due to alleged breaching of traffic laws or protest. According to media reports, the letter states: social distancing rules81. “every person organising an illegal demonstration or In May, as the government gradually started lifting inciting participation in one should be assessed in the the restrictions, public assemblies were allowed up context of the prohibited act…of causing danger to the to 150 participants with participants keeping at least life and health of many people by causing an epide- 22 2 meters distance and covering their mouths and miological threat”. The crime can be sanctioned with noses82. At the beginning of the month, two artists imprisonment between six months and eight years. participating in a socially distant protest carrying a The act of calling for the organisation of demonstra- 14-meter banner concerning the controversial presi- tions “may qualify as incitement to a crime”, which is dential elections received 2,000 euro fine by the State punishable with up to two years in prison.86 Sanitary Inspector for failing to comply with the 2-meter In Slovenia, people have been taking to the streets since April against the government’s abuses of power,

77 Milieu Consulting SRL, Coronavirus pandemic in the EU – Fundamental corruption scandals and lack of actions concerning Rights Implications : Hungary, https://fra.europa.eu/sites/default/files/ economic inequalities. Participants have reported fra_uploads/hu_report_on_coronavirus_pandemic_july_2020.pdf , FRA, p. 4, (2 July 2020). unprecedented rough approach by the police issuing 78 Horn Gabriella, Car honking protests cancelled due to astronom- fines despite the protesters being peaceful and mindful ical fines handed out by Budapest police, https://english.atlatszo. hu/2020/05/25/car-honking-protests-cancelled-due-to-astronomi- of social distancing (for more information, read the cal-fines-handed-out-by-budapest-police/, Atlatszo, (25 May 2020). chapter on Slovenia). 79 Helsinki Foundation for Human Rights, Coronavirus COVID-19 outbreak in the EU - Fundamental Rights Implications: Poland, https:// fra.europa.eu/sites/default/files/fra_uploads/poland-report-covid-19- april-2020_en.pdf , FRA, p. 8, (24 March 2020). 80 Irene Donadio, Polish ruling party exploits the current health crisis 83 Dorian Batycka, ‘Blatant censorship’: Polish government issues artists to undermine women and young people’s safety, https://www.ippfen. with fines—then withdraws them, https://www.theartnewspaper.com/ org/news/polish-ruling-party-exploits-current-health-crisis-under- news/polish-government-issues-artists-with-fines-then-withdraws- mine-women-and-young-peoples-safety?fbclid=IwAR31kkGR9Vdor-zfuO0J_ them, The art newspaper, (28 May 2020). U2qJLKC0VCetGN1EDABI4Q7IhgqXFXxpUOHAKs, IPPF, (14 Apri.2020). 84 CIVICUS Monitor, Thousands protest as constitutional tribunal imposes 81 Claudia Ciobanu, Poles find creative ways to protest despite the pandemic, a near ban on abortion, https://monitor.civicus.org/updates/2020/10/28/ https://balkaninsight.com/2020/04/21/poles-find-creative-ways-to-pro- thousands-protest-constitutional-tribunal-imposes-near-ban-abor- test-despite-the-pandemic/?fbclid=IwAR1EQWsiOJR6hMCkHyvVV5z6EO- tion/, (28 Oc. 2020). 8d65LMIVqRLooRJg4GW38zFeOhmbCx7AY, Reporting Democracy, (21 85 Maria Skóra, https://twitter.com/MariaSkora/status/1320785089027018758, Apr. 2020). (26 Oct. 2020). 82 Helsinki Foundation for Human Rights, Coronavirus COVID-19 86 Daniel Tilles, Polish prosecutors seek charges against organisers of outbreak in the EU - Fundamental Rights Implications: Poland, https:// abortion protests for endangering public, Notes from Poland, https://notes- fra.europa.eu/sites/default/files/fra_uploads/pl_report_on_coronavirus_ frompoland.com/2020/10/29/polish-prosecutors-seeks-charges-against-or- pandemic_july_2020.pdf, FRA, pp 2-3, (2 July 2020). ganisers-of-abortion-protests-for-endangering-public/, (29 Oct. 2020).

ACTIVIZENSHIP #5 In France, throughout May and June, demonstra- 147 people were in police custody, allegedly for being tions were prohibited. In May, four hundred healthcare violent95. Among the people arrested on 12 September workers staged a protest in front of a hospital in Paris: 2020, three volunteers of the “Street Medics” reported according to the media, at least 50 were fined and three that they were detained by the police for 30 hours on people arrested for breaking social distancing rules87. the basis of “participation in a group formed in prep- The prefect of Paris also banned the demonstration aration for violence against people or destruction or on 2 June commemorating Adama Traore88 that drew damage to property” and “carriage of weapons”. They 20’000 peaceful protesters as well as the march in soli- were carrying protective equipment like helmets and darity to George Floyd on 5 June89. On 13 June, they glasses96. dispersed using tear gas the march of 15’000 people As documented in the 2019 report97, the right to protesting police violence in Republic’ square on the peaceful assembly in France has been severely restricted basis that it was not authorised90. As reported above, since 2015 through a series of legislative measures, restrictions of the right to freedom of assembly were violent police practices and “preventive” judiciary ruled disproportionate by the Council of State. However, actions. Most recently, in April 2019, the law dubbed even after the sentence, many prefects issued bans “anti-rioters” has further toughened the doctrine, against demonstrations on the basis of disturbance providing the authorities with the power to search bags of public order and the state of a health emergency91. and cars in and around demonstrations if requested by A number of arbitrary arrests of peaceful the Prosecutor. It also outlawed the covering of faces protesters not linked with the COVID-19 restric- during public demonstrations. The provision is particu- tions was also reported. For example, in France, larly worrying in a country where disproportionate on 16 June, thousands of healthcare professionals and sometimes unjustified police violence, including carried out a nationwide protest across the country. through the use of tear gas grenades and flash ball, In Paris, riot police were displayed and, according to has caused serious injuries (including loss of an eye, videos spread on social media, they violently arrested fractured skull and jaw) to thousands of protesters. several protesters and used tear gas to disperse the Authorities are allowed to detain protesters on the 23 crowd92. During the weekend of 11 to 13 September, the basis of suspicion of “participation in a group formed in prefect banned Yellow Vest demonstrations in several preparation for violence against people or destruction or areas of Paris due to the risks to public order93, and damage to property”, a measure that has been report- restricted the areas accessible to protesters. Human edly used against peaceful protesters and journalists rights observers reported worrying tactics by the covering protests (see section 2.3.3 “Policing freedom police against protesters, including the use of kettling of expression and association”), often preventively on and the use of non-lethal weapons in close spaces.94 the path to the demonstration on the basis of carrying Additionally, media reported on 13 September that 287 protective equipment. people had been arrested (including 275 in the capital) In Bulgaria, peaceful anti-government protests have and according to the Paris public prosecutor’s office, been ongoing since 9 July. During one of the biggest mobilisations on 2 September, many protesters were 87 BBC, French healthcare workers fined at Paris hospital protest,https:// www.bbc.com/news/world-europe-52748510, (21 May 2020). injured, including journalists, and 126 arrested alleg- 88 https://twitter.com/prefpolice/status/1267784581920538624 edly due to violence against police forces. According to 89 https://twitter.com/prefpolice/status/1268829914624655360 90 Alessio Dellanna, Black Lives Matter: Police fire tear gas in Paris to a report by BCNL, all of the people arrested except one disperse unauthorised march of 15,000 people, Euronews, https://www. were released by the court several days later, “proving euronews.com/2020/06/13/black-lives-matter-police-fire-tear-gas-in-paris-to-disperse-unauthorised-march-of-15-000, 13 June 2020. 91 Reported by Amnesty International France during interview on 20 95 Aline Leclerc, Affluence modeste et tensions pour la journée de July 2020. mobilisation des « gilets jaunes », https://www.lemonde.fr/societe/ 92 Will Morrow, Macron unleashes riot police against French health article/2020/09/12/manifestations-de-gilets-jaunes-des-mesures-pre- care protests, https://www.wsws.org/en/articles/2020/06/17/fran-j17. ventives-et-68-interpellations-a-paris_6051929_3224.html, Le Monde, html, WSWS, (17 June 2020). (12 Sept. 2020). 93 Gilets jaunes : les manifestations à Paris interdites dans de nombreux 96 Zazaz, La presse et les street médics toujours dans le collimateur, secteurs, ce samedi, https://www.ouest-france.fr/societe/gilets-jaunes/ https://blogs.mediapart.fr/edition/dans-quel-etat-j-erre/article/180920/ gilets-jaunes-les-manifestations-a-paris-interdites-dans-de-nombreux- la-presse-et-les-street-medics-toujours-dans-le-collimateur, Mediapart, secteurs-ce-samedi-6969797, Ouest France, (11 Sept. 2020). (18 Sept. 2020). 94 Observatoire Parisien des Libertes Publiques, NOTE D’OBSERVATION 97 Arié Alimi, SHIFTING TOWARDS A PREVENTIVE APPROACH TO Manifestations Gilets Jaunes du 12.09.2020, Paris, https://www.ldh-france. MANTAINING PUBLIC ORDER - Restricting the right to demonstrate org/wp-content/uploads/2019/04/Note-dobservation-12-_-09-_-2020. from exception to routine, Activizenship #4, European Civic Forum, http:// pdf, (18 Sept. 2020). civic-forum.eu/publication/view/activizenship-4, pp. 56- 60, (Dec. 2019).

STORIES FROM THE LOCKDOWN – LEARNING FROM CIVIC SPACE WATCH that the police mostly attacked and captured random police measures clear. This turns the often very young people and not the actual perpetrators.98” people affected by police harassment and assaults, of In Poland, at the beginning of August, the media whom a disproportionate number are black or of color, reported an episode of police violence against a small into perpetrators. A narrative is created in which the protest staged against the detention of an LGBTI mere participation in the demonstrations provides activist. The activist had been sentenced for wrapping a reason for police assaults. Since many of us have an LGBTI flag around statues and damaging a vehicle been there ourselves and have been collecting and of the pro-life movement that for months was moved analysing reports and video material on the individual from place to place around Warsaw with fake pictures cases up to the present moment, there is no doubt for showing fetuses after the abortion. The demonstration us that these police excesses of violence, harassment was initially peaceful until the police started to take and threats against young demonstrators are shaped people violently to arrest them99. Forty-eight protesters by a racist climate. […] We understand the Berlin were arrested100 for active participation in an illegal police’s action as a systematic deterrent strategy. Of assembly that is supposed to knowingly violate property course it is traumatizing to experience violence for (art. 254 of the Criminal Code) and participation in an no reason or to be deprived of one’s freedom. It seems unauthorised spontaneous meeting - according to the they want to scare young people away from standing Act on Public Assemblies as amended in 2016. In this up for their own rights and a just society. Breaking regard, it is important to note that the right to peaceful their protest.102” assembly and protest was restricted in Poland with the The group also warned that in some cases, people of mentioned change to the law on public demonstra- colour were also insulted and harassed after the demon- tions that limited counter-demonstrations and spon- stration was over. The watchdog association GFF also taneous assemblies101. reported to the ECF that on the same day, 36 young In Germany, Black Lives Matter Berlin denounced adults – many of whom of colour - were put into police the arbitrary arrest of 93 peaceful protesters during custody for several hours, one hour at least standing the demonstration commemorating George Floyd on and facing a wall, for attending an Anti-Racism Demon- 24 6 June. According to the group, the police action, in stration in Hamburg103. The association explained that some instance violent, also resulted in the hospitali- while police in Germany was not granted exceptional zation of two protesters. The group commenting on powers during the health emergency, many German the misleading reporting by the media concerning the states had already expanded the powers of law enforce- police actions during the demonstration wrote: ment agency throughout the past years. “Much of the current coverage of last Satur- In Belgium, in Brussels, on 7 June 2020, 10.000 day’s event is dedicated to and promotes a discourse persons attended a protest against police violence that of victim-offender conversion. Often the police pres- was for the most peaceful104. Tensions arose towards entation was reproduced without comment. State- the end of the gathering. The police used water cannons ments such as ‘The participants would have provoked to disperse the demonstration and arrested at least with their signs’, by the spokesperson of the Berlin 150 protestors due to the damaging of private proper- Police Union, make the disproportionate nature of the ties at the hands of a small group whose link with the protest are unclear. Several citizens – including peaceful 98 Zahari Iankov, BULGARIA – Protests Continue Peacefully after Tension Escalated in Sofia on the Second of September, http://civicspacewatch. protesters and bystanders - that were not involved in eu/bulgaria-protests-continue-peacefully-after-tension-escalated-in-so- the action and journalists have filed complaints and fia-on-the-second-of-september/, Civic Space Watch (29 Sept. 2020). 99 Marta Nowak, Hanna Szukalska, Bartolosz Kocejko, “The policeman spoke out against unjustified intimidations, assaults pinned her head to the pavement”. Demonstrations in defence of an and arrests they experienced at the hands of the police LGBTQ activist in Poland meet with the police crackdown, https://oko. press/the-policeman-pinned-her-head-to-the-pavement-demonstra- that was also corroborated by videos spread on social tions-in-defence-of-an-lgbtq-activist-in-poland-meet-with-the-police- crackdown/, OKO.press, (8 Aug. 2020). 102 Black Lives Matter Berlin, https://www.blacklivesmatterberlin.de/ 100 Elliot Douglas, Poland: Police arrest 48 pro-LGBT protesters, https:// stellungnahme-zu-rassistischer-polizeigewalt/, (9 June 2020). www.dw.com/en/poland-police-arrest-48-pro-lgbt-protesters/a-54494623, 103 Die Zeit, Demonstration in Hamburg: „Das war wie eine Jagd“, https:// DW, (8 Aug. 2020). www.zeit.de/hamburg/2020-06/demonstration-hamburg-anti-rassis- 101 Helsinki Foundation for Human Rights, Comments of the Helsinki mus-polizei-festnahmen-minderjaehrige, (8 June 2020). Foundation for Human Rights to the deputy-sponsored Bill on the amend- 104 Fundamental Rights Research Centre (FRC), Vrije Universiteit Brussel, ment to the Assemblies Act (parliamentary paper No. 1044), Citizens Coronavirus pandemic in the EU - Fundamental Rights Implications: Observatory, http://citizensobservatory.pl/wp-content/uploads/2016/12/ Belgium, https://fra.europa.eu/sites/default/files/fra_uploads/be_report_ hfhr-opinion-assemblies_EN.pdf, (29 Nov. 2016). on_coronavirus_pandemic_july_2020.pdf, FRA, p 2, (2 July 2020).

ACTIVIZENSHIP #5 media105. In occasion of other demonstrations, the by the records of smear campaigns against civil society media reported a number of arrests following the end countries such as Czechia, Greece, Poland, Slovenia of the authorised protests in instances where protesters and Hungary. refused to disperse and carry on the assembly beyond In a few countries, authorities have made moves the time and place agreed by competent authorities106. to control and sanction citizens, activists and jour- In Spain, media reported that three people were nalists that are critical of their actions. The gravity of arrested and six injured in the protests carried out on the actions described changes greatly in terms reper- 25 September in Madrid against the selective confine- cussions on the activists, but all contribute to creating ments107. Defender a quien Defiende reported to the a chilling effect on citizens and activists holding public ECF that the police did not wear the correct identi- authorities accountable. fication on uniforms and showcased irregular prac- In Hungary, the government did so by introducing tices and mistreatment of participants. According to stricter provisions concerning the criminalisation of the group, in the post-state of emergency phase, the scaremongering. The Hungarian Helsinki Committee selective confinement introduced in some municipal- reported to the ECF: ities disproportionally affect low-income neighbour- “Article 10 of the Authorization Act amended hoods, and for this reason, people were demonstrating. the Criminal Code. It introduced stricter rules into Civil society and social movements also condemned Act C of 2012 on the Criminal Code in relation to the these restrictions and called for public funding to be criminal offence of scaremongering. According to the allocated to the health sector rather than to the mili- adopted text, a “person who, during the period of tarisation of the public space. The state of emergency special legal order and in front of a large audience, was reintroduced in the region of Madrid on 9 October states or disseminates false or distorted facts in such to provide the restrictions with a legal framework108. a way that is capable of hindering or obstructing the On 25 October, a nationwide state of emergency was efficiency of the protection efforts is guilty of a felony declared109. and shall be punishable by imprisonment for one to five years”. This criminal offence can easily be used 25 2.3.3 POLICING FREEDOM to launch criminal procedures against journalists, OF EXPRESSION AND ASSOCIATION further eroding the freedom of the press in Hungary.” Since the outbreak of the global pandemic, all across According to the organisation, such measure was Europe, several governments have restricted access to meant to create a chilling effect on critical voices as information (see section 3.4 “Locking down information the broad wording of the provisions could be appli- during COVID-19”), locked out the media and displayed cable to anyone that expressed dissent against the a general intolerance against criticism. Throughout the authorities. As of the end of July, police in Hungary analysis and the case studies, this was also showcased had initiated 134 criminal investigations on suspicion of fear-mongering, resulting in one convection. In at 105 Gabriela Galindo, Footage and claims of police violence emerge after BLM protest, https://www.brusselstimes.com/brussels/116121/footage- least two cases, citizens expressing criticism over the and-claims-of-police-violence-emerge-after-blm-protest/, The Brussels government’s actions on social media were summoned Times, (10 June 2020). 106 For example: Extinction Rebellion : une soixante d’activistes arrêtés by local authorities “under intimidating circumstances” administrativement hier soir, https://bx1.be/bruxelles-ville/extinction-re- and later released. In one of these cases, the police bellion-une-soixante-dactivistes-arretes-administrativement-hier-soir/, BX1, (28 Juin 2020); 35 personnes arrêtées après la manifestation pour shared a video of the person being brought to the police le refinancement des soins de santé, https://bx1.be/news/35-personnes- car on YouTube. The video was later removed, but it arretees-apres-la-manifestation-pour-le-refinancement-des-soins-de- 110 sante/, BX1, (13 Sept. 2020). was seen 75,000 times . These episodes happen in 107 Fuertes cargas policiales y tres detenidos en una protesta frente a an already difficult context where the media landscape la Asamblea de Madrid en Vallecas contra los confinamientos selec- tivos, http://civicspacewatch.eu/spain-heavy-police-charges-and-three- has been occupied by pro-Government media outlets detainees-in-the-protest-in-madrid-against-selective-confinements/, El that commonly target critical journalists, civic organisa- diario, (24 Sept. 2020). tions, activists, academics, programs, and institutions. 108 On 8 October, the High Court of Madrid had ruled against the rati- fication of the COVID-19 restrictions imposed on the region by the central government. Read more: https://english.elpais.com/spanish_ news/2020-10-09/the-madrid-cities-under-the-state-of-alarm-what-you- can-and-cant-do.html. 110 Hungarian Helsinki Committee, Information note on certain rule 109 Paola Tamma, Spain adopts curfew, state of emergency to curb coro- of law developments in Hungary between May-July 2020, https://www. navirus, https://www.politico.eu/article/spain-adopts-curfew-state-of- helsinki.hu/wp-content/uploads/HHC_Rule_of_Law_update_May-July2020. emergency-to-curb-coronavirus/, Politico, (25 Oct. 2020). pdf, p. 5, (13 Aug. 2020).

STORIES FROM THE LOCKDOWN – LEARNING FROM CIVIC SPACE WATCH Similar legislation was attempted to pass in On 17 September, journalist Gaspard Glanz was Bulgaria, where changes to the Penal Code would have stopped by twelve policemen as he was going to cover foreseen a prison term of up to three years and fines the Paris trade union demonstration and was detained of up to 10 000 leva (about 5100 euro) for spreading on the basis of “participation in a group formed to prepare “untrue information about the spreading of an infectious violence or destruction or damage to property during demon- disease”111. The changes were vetoed by the President. strations on the public space” because he was carrying In Romania, the Decree on the establishment of a protective equipment 116. Already in the 2019 report, it state of emergency on the territory of Romania provided was highlighted that arresting journalists reporting on a procedure whereby content promoting false news demonstrations was part of a worrisome trend of repres- or information on the evolution of Covid-19 could be sion of observers of police actions in the country117. directly “removed from the source”, and access users In Belgium, several journalists have spoken out to such content could be blocked. The provision has against police intimidation and attacks they experi- raised concern over the lack of definition of what fake enced while they were filming police actions during the news means. The Ministry of Internal Affairs suspended Black Lives Matter protest in Brussels in early June118. several sites for this reason112. The Association of European Journalists in Bulgaria In Poland, in June, Amnesty International warned reported attacks by police on a Bulgarian journalist that authorities detained and charged with “theft and covering the anti-government protests in Sofia on burglary” two activists who posted on bus shelters 2 September. According to the organisation, a jour- posters accusing the government of manipulating nalist “was briefly detained and beaten up by police late COVID-19 statistics. They risk up to 10 years of prison in the evening when tensions between protesters and police sentence113. escalated” despite the fact that he identified himself In France, on 27 April, the public prosecutor as a journalist while other journalists were hit and of Toulouse asked the police to enter the homes of pepper-sprayed119. people who had placed banners on their balconies The Human Right House Zagreb wrote to the ECF saying “Macronavirus, when will it end?”. The people describing an episode of police violence in Croatia at 26 were taken into custody on the legal basis of “contempt the end of March: for a person who is a representative of public authority”. “While taking a walk in Split, a journalist and Confronted with immediate protests, authorities had her friend were stopped by a police officer who esti- to apologise for the non-founded intervention114. mated that the number of citizens on that public space Following a trend highlighted in the 2019 civic will soon exceed the allowed number and warned space report115, in a few countries, records have shown them about paying a financial penalty. As the jour- police interference with journalists and citizens nalist asked for grounds on which the penalty would covering their actions. These interferences include be issued and they both raised their voices, her friend arrests and physical assaults. started recording the situation with her mobile phone. Altogether six police officers gathered around them telling them not to move and that they will be arrested. 111 The Sofia Globe, Coronavirus: Bill on State of Emergency measures in Bulgaria tabled, https://sofiaglobe.com/2020/03/17/coronavi- Police officers used physical force towards the person rus-bill-on-state-of-emergency-measures-in-bulgaria-tabled/, (17 Marc. 2020). who recorded the situation and asked her to delete the 112 Stiri.ong, Document de poziție: Societatea civilă are nevoie de măsuri de sprijin pentru a putea contribui activ la rezolvarea problemelor sociale recording. After they grabbed her hand, one citizen generate de pandemia COVID-19, https://www.stiri.ong/institutii-si-legis- latie/romania/document-de-pozitie-societatea-civila-are-nevoie-de-masu- 116 Robin Andraca, Pourquoi le journaliste Gaspard Glanz a-t-il été placé ri-de-sprijin-pentru-a-putea-contribui-activ-la-rezolvarea-problemelor-so- en garde à vue jeudi ?, https://www.liberation.fr/checknews/2020/09/21/ ciale-generate-de-pandemia-covid-19, (24 March 2020). pourquoi-le-journaliste-gaspard-glanz-a-t-il-ete-place-en-garde-a-vue- 113 Amnesty International, Poland: Activists at risk of 10-year jail term jeudi_1799990, Liberation (21 Sept. 2020). for COVID-19 poster campaign challenging government statistics, https:// 117 Arié Alimi, SHIFTING TOWARDS A PREVENTIVE APPROACH TO www.amnesty.org/en/latest/news/2020/06/poland-activists-at-risk-of-10- MANTAINING PUBLIC ORDER - Restricting the right to demonstrate year-jail-term-for-covid-19-poster-campaign-challenging-government- from exception to routine, Activizenship #4, European Civic Forum, http:// statistics/, (11 June 2020). civic-forum.eu/publication/view/activizenship-4, pp. 56- 60, (Dec. 2019). 114 LDH, UN PROCUREUR RIDICULE MAIS DANGEREUX, http://civic- 118 Gabriela Galindo, Footage and claims of police violence emerge after spacewatch.eu/france-toulouse-prosecutor-asked-the-police-to-enter-the- BLM protest, https://www.brusselstimes.com/brussels/116121/footage- homes-of-people-who-had-placed-banners-on-balconies/, (27 April 2020). and-claims-of-police-violence-emerge-after-blm-protest/, The Brussels 115 Giada Negri, One year of monitoring civic space: Challenges for acting Times, (10 June 2020). for rights are increasing but civil society is striking back, Activizenship #4, 119 AEJ-Bulgaria Condemns Police Violence Against Bulgarian European Civic Forum, http://civic-forum.eu/publication/view/activizen- Journalist, https://aej-bulgaria.org/en/aej-bulgaria-condemns-police-vi- ship-4, p. 23, (Dec. 2019). olence-against-bulgarian-journalist/, (3 Sept. 2020).

ACTIVIZENSHIP #5 who was passing by reacted to this situation which In Greece, Doctors without Borders was forced was followed by using force towards him and pushing to close the COVID-19 isolation centre on Lesbos him to the ground. The journalist and her friend island opened on 6 May. The organisation reported were taken to the police station for alleged violation that since 1 July local authorities imposed fines and of public order and peace and call to disobedience120.” threatened criminal charges on the basis of urban At the beginning of April, after the coronavirus planning regulations125. entered a nursing home in Split, part of the beneficiaries was being dislocated from the premises, and the news was covered by the media representatives reporting in front of the nursing home. Live reporting 2.4 LEGISLATIVE CHANGES on Croatian Radiotelevision was stopped by an intervention police officer who shouted at the reporter. RESTRICT FREEDOM OF Police station reacted the following day by apologizing to the media121. ASSEMBLY BEYOND COVID-19 Reports in France and Greece point also showcase the use of coercive power against asso- The 2019 report documented how, in recent years, a ciations working with migrants, a trend also docu- number of countries have toughened their approach to mented in the 2019 report122. public demonstrations by restricting the space acces- In France, In Calais and Grande-Synthe, local sible to protests and increasing sanctions126. In 2020, the authorities restricted associations and volunteers Greek government introduced a new law on public supporting migrants and prevented them from observing demonstrations, while in Italy, France and Spain’s the forced eviction of people in camps during the governments started revising their legislation on lockdown. Amnesty International reported that that the matter. “law enforcement officials fined human rights defenders At the end of June, the Greek Minister of Citizen on 37 occasions between 19 March and 11 May for non- Protection tabled before Parliament a bill on “Public 27 compliance with restrictions on their right to freedom of outdoor assemblies and other provisions” to regulate movement” and, on 24 April, they arrested four activists the right to peaceful assembly. According to the draft, who were filming a forced eviction in which the police authorities would be able to restrict demonstrations was using tear gas. They were later released without they believe to be disruptive of the socioeconomic charge123. In September, the possibility to distribute food activity in the place where they are organised or pose a to refugees in Calais was restricted to a single state- threat to public security. Organisers could be charged approved association. Associations providing humani- for damages against properties and people resulting tarian support were also accused of “creating problems” from the assembly if they failed to notify the author- and not respecting social distancing measures124. ities and to comply with their orders (for more information, read the case study on Greece)127. In France, on 11 September, the Minister of Interior 120 Naša novinarka svjedočila policijskoj brutalnosti na Bačvicama: Čovjeka koji nam je htio pomoći bacili su na tlo dok je zapomagao ‘Tamo presented a new national scheme for maintaining law mi je dite!‘, https://slobodnadalmacija.hr/split/vika-i-galama-na-bacvi- and order that civil society had hoped would bring cama-dvije-zene-odbijale-upute-policajaca-i-pozivale-gradane-na-po- bunu-a-pridruzio-im-se-i-muski-izgrednik-1012617, slobodna dalmacija, systemic change in the approach to policing public (29 Mar. 2020). 121 VIDEO Interventni policajac izderao se na novinarku i prekinuo joj 125 Médecins Sans Frontières, MSF forced to close COVID-19 centre javljanje uživo iz Splita, https://www.vecernji.hr/vijesti/video-intervent- on Lesbos, https://www.msf.org/msf-forced-close-covid-19-centre-les- ni-policajac-izderao-se-na-novinarku-i-prekinuo-joj-javljanje-uzivo-iz- bos-greece, (30 July 2020). splita-1392686, vecernji.hr, (8 Apr. 2020). 126 Giada Negri, One year of monitoring civic space: Challenges for acting 122 Giada Negri, One year of monitoring civic space: Challenges for acting for rights are increasing but civil society is striking back, Activizenship #4, for rights are increasing but civil society is striking back, Activizenship #4, European Civic Forum, http://civic-forum.eu/publication/view/activizen- European Civic Forum, http://civic-forum.eu/publication/view/activizenship-4, pp 19-23, (Dec. 2019). ship-4, pp 19-23, (Dec. 2019). 127 Centre for European Constitutional Law, Coronavirus pandemic in 123 Amnesty International, Policing the pandemic: Human rights viola- the EU – Fundamental Rights Implications: Greece, https://fra.europa. tions in the enforcement of COVID-19 measures in Europe, https:// eu/sites/default/files/fra_uploads/el_report_on_coronavirus_pandemic_ www.amnesty.org/download/Documents/EUR0125112020ENGLISH. july_2020.pdf, FRA, pp 3-4, (2 July 2020); Amnesty International, GREECE: PDF, p. 13, (June 2020). AMNESTY INTERNATIONAL STATEMENT ON BILL OF THE MINISTRY 124 LDH, UN ARRÊTÉ PRÉFECTORAL INDIGNE CONTRE LES ACTIONS OF CITIZEN PROTECTION: ‘PUBLIC OUTDOOR ASSEMBLIES AND DE SOLIDARITÉ À CALAIS, https://www.ldh-france.org/un-arrete-prefec- OTHER PROVISIONS’, https://www.amnesty.org/download/Documents/ toral-indigne-contre-les-actions-de-solidarite-a-calais/, (14 Sept. 2020). EUR2527062020ENGLISH.pdf , (9 July 2020).

STORIES FROM THE LOCKDOWN – LEARNING FROM CIVIC SPACE WATCH demonstrations. Civil society was not consulted128 and Parliament by members of the majority. From July 2021, found that the new scheme recalls that the use of force the draft bill allows the police and gendarme patrols must be strictly necessary and proportionate but does – the paramilitary police – to carry cameras and make not develop any proposal to implement these prin- use of drones to transmit live to the command centre ciples effectively129. On the contrary, it confirms the the images of demonstrators and bystanders that can practices that emerged between 2018 and 2019130131. For be analysed through facial recognition in real-time. example, the scheme confirms the use of the flash ball The provision raises concerns over its proportion- and stinger grenades despite the concerns expressed by ality and worries that it will contribute to reinforce the civil society and international organisations132. Addi- “preventive” policing approach implemented in recent tionally, the scheme recognises the right of journal- years134135. The law also punishes the public and jour- ists to wear protective equipment on the condition nalists from disseminating images of the face or any that “their identity is confirmed” and that their behav- other identifying feature of law enforcement officers iour is “free from any offence or provocation”. The term - that are crucial for monitoring police misconduct “provocation” is too vague and allows the police officers and ensuring justice to victims – with up to one-year to deprive arbitrary a journalist of his or her equip- imprisonment and a fine of 45,000 euros136. ment simply because his or her attitude displeases In Poland, in November, a citizen’s legislative initia- them. Moreover, the scheme considers that journal- tive led by an anti-abortion organisation was submitted ists and human rights observers commit a crime if they to the Parliament. If passed, the law would prohibit remain present at the protest after the police’s order of pride parades and any other public gatherings that the dispersal even if they are monitoring the possible “promote”, among other things, “sexual orientations eruption of force following the order133. other than heterosexuality”, the idea of non-biological In the framework of this scheme, in November, gender, same-sex marriage or civic partnerships, or the a new “global security” law that, if not amended, will adoption of children by same-sex couples. According erode the right to information, respect for privacy, to the media, the bill also includes a ban on assemblies and freedom of peaceful assembly was tabled in the that “violate public morality, including in particular 28 [those] that may morally corrupt children or youths”137.

128 Doctrine du maintien de l’ordre : « Un nouveau schéma, des vieilles In Italy, between 2018 and 2019 two laws on security pratiques », dénoncent des ONG et syndicats, https://www.francetvinfo. and migration were passed criminalising solidarity and fr/economie/transports/gilets-jaunes/tribune-doctrine-du-maintien-de- lordre-un-nouveau-schema-des-vieilles-pratiques-denoncent-des-ong- practices of social movements, including road blocking et-syndicats_4126175.html, FranceInfo, (4 Oct. 2020). (up to six years in prison), covering even partially one’s 129 Amnesty International France, NOUVEAU SCHÉMA DU MAINTIEN DE L’ORDRE : UNE OCCASION MANQUÉE, https://www.amnesty.fr/ face during public demonstrations (up to three years liberte-d-expression/actualites/schema-du-maintien-de-lordre-occa- in prison and fines up to 6’000 Euro) and throwing sion-manquee, (22 Sept. 2020). 138 130 Doctrine du maintien de l’ordre : « Un nouveau schéma, des vieilles fireworks and flares (up to four years in prison) . pratiques », dénoncent des ONG et syndicats, https://www.francetvinfo. On 5 October, the Council of Ministers approved a new fr/economie/transports/gilets-jaunes/tribune-doctrine-du-maintien-de- lordre-un-nouveau-schema-des-vieilles-pratiques-denoncent-des-ong- decree-law on “Measures for city security, immigration et-syndicats_4126175.html, FranceInfo, (4 Oct. 2020). 131 Arié Alimi, SHIFTING TOWARDS A PREVENTIVE APPROACH TO 134 Observatoire des libertés et du numérique, CONTRE LA LOI MANTAINING PUBLIC ORDER - Restricting the right to demonstrate « SÉCURITÉ GLOBALE », DÉFENDONS LA LIBERTÉ DE MANIFESTER, from exception to routine, Activizenship #4, European Civic Forum, http:// https://www.ldh-france.org/contre-la-loi-securite-globale-defendons-la- civic-forum.eu/publication/view/activizenship-4, pp. 56- 60, (Dec. 2019). liberte-de-manifester/, (12 Nov. 2020). 132 Council of Europe, Maintaining public order and freedom of assembly 135 For more information on the preventive approach to policing assem- in the context of the “yellow vest” movement: recommendations by blies in France, see: Arié Alimi, SHIFTING TOWARDS A PREVENTIVE the Council of Europe Commissioner for Human Rights, https://www. APPROACH TO MANTAINING PUBLIC ORDER - Restricting the right coe.int/en/web/commissioner/-/maintaining-public-order-and-freedom- to demonstrate from exception to routine, Activizenship #4, European of-assembly-in-the-context-of-the-yellow-vest-movement-recommen- Civic Forum, http://civic-forum.eu/publication/view/activizenship-4, dations-by-the-council-of-europe-commissioner-for-, (26 Feb. 2019); pp. 56- 60, (Dec. 2019). OHCHR, France: UN experts denounce severe rights restrictions on 136 Amnesty International France, POURQUOI LA PROPOSITION DE “gilets jaunes” protesters, https://www.ohchr.org/EN/NewsEvents/ LOI « SÉCURITÉ GLOBALE » EST DANGEREUSE POUR NOS LIBERTÉS, Pages/DisplayNews.aspx?NewsID=24166&LangID=E , (14 Feb. 2019). https://www.amnesty.fr/actualites/pourquoi-la-proposition-de-loi-secu- 133 LDH, CONTESTATION DU NOUVEAU SCHÉMA NATIONAL DU rite-globaleest-dangereuse-pour-nos-libertes, (12 Nov. 2020). MAINTIEN DE L’ORDRE PAR LES OBSERVATOIRES DES PRATIQUES 137 Daniel Tilles, Bill banning LGBT parades submitted to Polish parlia- POLICIÈRES/LIBERTÉS PUBLIQUES, https://www.ldh-france.org/contes- ment, https://notesfrompoland.com/2020/11/10/bill-banning-lgbt-pa- tation-du-nouveau-schema-national-du-maintien-de-lordre-par-les-obser- rades-submitted-to-polish-parliament/, Notes from Poland, (10 Nov. 2020). vatoires-des-pratiques-policieres/ (13 Oct. 2020); Amnesty International 138 Gaia Romeo, CRIMINALISATION OF SOLIDARITY AND WIDER France, NOUVEAU SCHÉMA DU MAINTIEN DE L’ORDRE : UNE REPERCUSSIONS FOR THE SECTOR: Towards an acceleration of OCCASION MANQUÉE, https://www.amnesty.fr/liberte-d-expression/actu- shrinking space, Activizenship #4, European Civic Forum, http://civic- alites/schema-du-maintien-de-lordre-occasion-manquee, (22 Sept. 2020). forum.eu/publication/view/activizenship-4, pp 72-76, (Dec. 2019).

ACTIVIZENSHIP #5 and international protection” with the aim to overcome order to track the movements of those under compul- the breaches of fundamental rights introduced by the sory quarantine142. two laws. However, the new bill does not address the ICNL reported that in Poland: measures introduced concerning freedom of assembly, “those required to quarantine were given a that are still in place139. choice: either receive unexpected visits from the police In Spain, at the end of September, the Parliament or download the “home quarantine app.” The app initiated the third attempt to review the Organic Law of required users to first register with a “selfie.” The Citizen Security, an opportunity to expand civic space. app then sent randomly scheduled requests to upload The law was passed in 2015 in the midst of popular selfies from their homes within 20 minutes. The selfies protests against the austerity measures. It introduced were processed through facial recognition software, new crimes such as “disobedience or resistance to and the location checked against the existing GPS the authority and its agents in the exercise of their information from the user’s phone. This data was functions” (fined up to 30’000 Euro) and dubbed as shared with government agencies and the police. If the “Gag law” for its repercussions on the right to peaceful selfies were not uploaded in time or did not confirm assembly and expression140. As stated above, the law was 142 Privacy International, Bulgaria: Police to access to citizens’ telephone also used to enforce the lockdown measures (see section and Internet data, https://privacyinternational.org/examples/3578/bulgar- 2.3 “Securitising the public space, policing dissent”). ia-police-access-citizens-telephone-and-internet-data, (26 Mar. 2020). The law was partially reformed in 2018 but the early elections interrupted the process141. Civil society is RIGHT TO PRIVACY – UNDER SURVEILLANCE calling for its repeal. By European Center for Not-for-Profit Law (ECNL)

The International Covenant on procession, retention, and aggregation Civil and Political Rights (ICCPR) of personal data, including sensitive 2.5 DATA GATHERING protects the right to privacy and health data, is only used to respond to permits states to restrict it in limited the specific crisis. The European Data AND SURVEILLANCE situations to achieve a legitimate Protection Board provides guidance 29 aim, such as the protection of about data protection during health public health. Restrictions of right emergencies in the European Union, As “tracking the virus” has become the mantra in the must be accessible and formulated stating that any measure taken in tackling of the health crisis, concerns about the expan- with sufficient precision, narrowly response to COVID-19 must respect sion of surveillance technologies and the right to privacy crafted and proportionate to the the general principles of law and must have been voiced by civil society and human rights bodies pursuance of the legitimate aim. not be irreversible. The sharing of Even in emergencies, States must data must be limited to official health across Europe (see for example case studies on Ireland continue to ensure that their actions ministries or agencies, and health care and Germany). These warnings have become espe- are established by law, necessary providers, like hospitals. The legislation cially pressing with moves providing or attempting to meet the threat faced, and should also prohibit the sharing or to provide law enforcement agencies with additional proportionate to that threat. To meet selling of data, including metadata, to the proportionality requirement, third parties, regardless of whether or , including on powers to collect and use private data emergency measures must be not it has been anonymized. cellphone, tracing apps and other technologies. narrowly tailored in terms of duration, For example, in Bulgaria, the police were enabled geographical coverage, and material Finally, data-sharing between to acquire metadata from citizens’ private commu- scope. These restrictions apply to private, for-profit actors, and nications from telephone and Internet operators in surveillance technology, which the UN governments should be based in law Human Rights Council has identified and agreements made public. Every as having implications for the right to agreement should include sunset privacy. The legislation providing new provisions. Private entities should surveillance powers should include be required to take affirmative steps timeline provisions. This will ensure to respect privacy and other human 139 European Civic Forum, ITALY – Modification of ‘security decrees’: that measures only last for a specific rights. Furthermore, they should be just a ‘cosmetic’ change of Salvini law, http://civicspacewatch.eu/ital- time, and their necessity is regularly prohibited from profiting from the ty-modification-of-security-decrees-just-a-cosmetic-change-of-salvi- reassessed. Ideally, surveillance powers data-sharing agreement and firewall ni-law/, Civic Space Watch, (12 Oct. 2020). expire after a set period and the this activity from other business 140 Thais Bonilla and Serlinda Vigara, FOUR YEARS OF GAG LAWS: Criminalising organised dissent, Activizenship #4, European Civic legislation can then be extended if the interests. This protects individuals Forum, http://civic-forum.eu/publication/view/activizenship-4, pp 118- state of emergency continues. The from governments and companies 123, (Dec. 2019). legislation should require collection, monetizing personal data. 141 http://civicspacewatch.eu/2899-2/

STORIES FROM THE LOCKDOWN – LEARNING FROM CIVIC SPACE WATCH the user is at home, police would be dispatched and respect of COVID-19 rules in many cities in Europe in a might fine an individual with 1.5 times his or her context of legal vacuum and lack of public oversight148. monthly salary.143” It is important to notice that worries concerning In Slovenia, civil society warned about a “tendency” data gathering and surveillance of activists, including of the new government to “increase the police’s and through the use of security and anti-terrorism legis- military’s power144” particularly in the area of access lation, had already emerged before the health emer- to private data concerning health (read more in the gency149. In the past, there have been instances in which Slovenian case study). After protests of the Informa- data collected during protests have been used to harass tion Commissioner, Ombudsman, many CSOs and or prosecute people for their activism. experts strongly the articles in questions were softened Examples of using surveillance technologies and (e.g. police will now not be able to enter an apartment social media to track protesters and sanction them have without justified cause). Similar measures were also also been documented and reinforce the worry that discussed in Croatia145. data collected can be used beyond health purposes. For As exemplified by the cases described, these powers example, a report by Civil Liberties Union for Europe can be extremely intrusive and not proportional to and Greenpeace European Unit published in September the need. Additionally, there is a serious risk that 2020 described how this happened in the context on these data could be used beyond the tracking of the ongoing protests in Slovenia. It states: the spread of the virus. For example, the NGO Fair “the Interior Minister has encouraged police to trial raised the concern that the data collected could track down protesters through internet and social be used in criminal proceeding enforcing COVID-19 media and press charges on them. Media also reported restrictions and others146. that the Minister visited police premises to view the These developments could have serious conse- police records of demonstrations. Although police quences on civic space. For example, when data are stressed their independence from political pressure, collected in the context of public demonstration. In several instances show that law enforcement has not Germany, the association GFF told the ECF that in hesitated from systematically using surveillance to 30 some cases, local authorities required organisers of track down protesters to enforce the government’s protests to collect data of protesters allegedly for ban on free movement and assembly adopted during public health reasons147. In Spain, DqD reported to the COVID-19 emergency. The use of facial recogni- the ECF in September that since the state of emer- tion technology is common practice by the Slovenian gency in the spring, they have recorded aleatory iden- police even outside the context of the pandemic.150” tifications before, during and after protests all over In France, Amnesty International France told the the country. In some cases, people were threatened ECF that an episode arose concerns on surveillance with administrative sanctions. According to the group, after about fifty people who demonstrated in Aveyron these actions are forms of intimidation to discourage in May without any exchange with the police received people from exercising their right to protest. fines by mail151. Privacy is an important prerequisite for the exercise of fundamental rights, including the right to peaceful assembly and expression. Being identified in the context of public demonstrations, for example, can have a deterrent effect on public participation,

especially for communities that are most at risk of 148 For example, in France: https://www.laquadrature.net/2020/06/03/ marginalisation. These concerns are magnified by the la-technopolice-progresse-la-cnil-mouline/. 149 Giada Negri, One year of monitoring civic space: Challenges for acting expanding use of artificial intelligence to monitor the for rights are increasing but civil society is striking back, Activizenship #4, European Civic Forum, http://civic-forum.eu/publication/view/activizen- 143 ICNL, COVID-19: The Surveillance Pandemic, https://www.icnl.org/ ship-4, pp 24- 26, (Dec. 2019). post/analysis/covid-19-the-surveillance-pandemic. 150 Civil Liberties Union for Europe and Greenpeace European Unit, 144 Reported by CNVOS on 2 April. Locking down critical voices, https://dq4n3btxmr8c9.cloudfront.net/ 145 GONG, In the times of pandemic we must not forget democracy, files/Mq7uU3/Civic_Space_Report_2020_Liberties_Greenpeace.pdf, p https://www.gong.hr/en/electoral-system/parliamentary/in-the-times-of- 15, (Sept. 2020). pandemic-we-must-not-forget-democr/, (19 Mar. 2020). 151 Grégoire Souchay, D’étranges amendes « sans contact » ont été 146 Fair Trials, COVID-19 Surveillance: Guide for lawyers, https://www. envoyées à des manifestants en Aveyron, https://www.numerama.com/ fairtrials.org/news/covid-19-surveillance-guide-lawyers, (12 Aug. 2020). tech/636868-en-aveyron-detranges-amendes-sans-contact-ont-ete-en- 147 Phone exchange on 17 Sept. 2020. voyees-a-des-manifestants.html, Numerama, (16 July 2020).

ACTIVIZENSHIP #5 the first wave of the pandemic, there was a feeling of “coming together” between public authorities and 3. CIVIL civil society and pulling together in an effort unprecedented in times of peace to face the pandemic and related societal consequences. While there were several DIALOGUE challenges and limits, in many European countries (e.g. Ireland – see the Irish chapter, Spain, Italy, Romania, France, Austria and Latvia) the national platforms of IS CHALLENGED NGOs reported appreciation for the attempt to listen to and include civil society’s recommendations in the policies passed, especially with regard to public funding to the sector. In Ireland (read the interview with Ivan 3.1 THERE ARE MANY Cooper) and Latvia, positive steps were announced to strengthen the civil dialogue. At the same time, OBSTACLES, even in countries with a relatively open dialogue between civil society and governments, the quality BUT ALSO SOME POSITIVE and the impact of the exchanges depended on the Ministry as well as on previous relations between EXAMPLES the individual civic organisation and authorities.

Civic and social organisations are in a privileged position to understand the impact of policies and lack of thereof RIGHT TO PUBLIC PARTICIPATION on the wider population and specific groups. Thus, they By European Center for Not-for-Profit Law (ECNL) can be important allies for authorities that want to tackle societal vulnerabilities and environmental concerns by UN Guidelines for States on the effective implementation of the right to 31 providing data and proposals. However, the exceptional participate in public affairs, adopted in 2018, underline that authorities must circumstances triggered by the COVID-19 health create and maintain a safe and enabling environment for exercising the right to participate, which includes transparency and openness, an enabling policy emergency created huge obstacles for the proper and legal environment, empowerment and education. More specifically, the functioning of civil dialogue. Institutions needed to guideline stipulates: act quickly and effectively to slow the spread of the ɖ The right to take part in decision-making of public authorities through virus and reduce the heavy impact that the restrictions accessible and inclusive consultative mechanisms, that consider those most affected, in particular women and other marginalized individuals and had on the economy and the population. The increased groups; supported with financial and human resources, empowered with workload, coupled with social distancing and telework, media education and digital literacy programmes for general public and greatly affected the capacities of institutions to respond officials; to the increased number of requests for dialogue and ɖ The right to gain full access to information held by public authorities consultation. through relevant, accurate and timely information about the process, draft documents, background papers, which are proactively disseminated online Generally, across Europe, the emergency proce- and through traditional media and post, accessible, clear, and practical; dures reduced the opportunities for consultation ɖ Information and communication technologies should be used to create and influence by shifting the power from the legis- spaces and opportunities for rights holders to participate meaningfully in lative branch to the executive one. Additionally, the a variety of activities that extend beyond communication and information- sharing. Technology should provide real opportunities to influence decision- closing of the public space (see section 2.2 “Closing making processes, for example with regard to submitting, and commenting the public space, restricting the freedom of peaceful and voting on, legislative and policy proposals. Where appropriate, States assembly”) together with the overwhelming presence should consider providing additional, complementary offline opportunities of COVID-19 news on the media made it difficult to get for participation. other messages across and created new challenges for Furthermore, the toolkit created in response of the pandemic by the Council civil society to put pressure on governments when insti- of Europe reinstates the importance of participation, stating that the public’s tutional frameworks for dialogue were not respected, access to official information must be managed on the basis of the existing not available or restricted. principles set down in the caselaw. Any restriction on access to official Nevertheless, as described by The Wheel’s Ivan information must be exceptional and proportionate to the aim of protecting public health. Cooper in the interview below, in many countries, in

STORIES FROM THE LOCKDOWN – LEARNING FROM CIVIC SPACE WATCH the historical relations between the Red Cross and the In early April 2020, the European Civic Forum identified 153 the huge impact of the restrictions of civil dialogue and the Chancellor’s party . economic viability of civic organisations as a European-wide In France, the Mouvement Associatif reported that issue and coordinated a working group of national platforms dialogue with authorities was satisfactory during the of CSOs and NGOs representing the interest of the sector first phase of the pandemic. In June, the organisation at national level from the majority of EU member state and the United Kingdom to share common challenges and commented to the ECF: positive examples of public measures to support the sector. “With the outbreak of the pandemic, we had good Throughout the crisis and in the aftermath, the working group communication, especially with the Prime Minister. met online, collected information and practices to support We had a direct consultation with him and with State the advocacy effort of the sector at national and European Secretary Attal. […] Moreover, we took part in crisis level. Sections three and four of this analysis are based on the information collected by the working group as well as on management committees together with the social monitoring and discussion with other organisations. economy actors every Friday during the lockdown. Members of the working group: Interessenvertretung Nevertheless, in a long-term perspective, we are still Gemeinnützigen Organisationen – IGO (Austria), De calling for the implementation of measures drafted Verenigde Verenigingen (Belgium), Citizen Participation in the action plan for Associations (Plan d’action Vie Forum (Bulgaria), CROSOL (Croatia), SPIRALIS (Czechia), Associative), which was presented in 2018. The latter Global Fokus (Denmark), National Council for Voluntary notably calls for a more sustainable framework for Organisations – NCVO (England), Network of Estonian Nonprofit Organisations – NENO (Estonia), FINGO (Finland), dialogue and consultation with the government.“ Le Mouvement Associatif (France), Bundesnetzwerk The French platform also noted that there were Bürgerschaftliches Engagement (Germany), Okotars a lot of exchanges between civil society and author- Foundation (Hungary), The Wheel (Ireland), Forum del ities at local and regional levels to prepare the post- Terzo Settore (Italy), Civic Alliance Latvia (Latvia), NGO Information and Support Centre (Lithuania), The Association lockdown strategy. of NGOs in Norway (Norway), National Federation of Polish In Latvia, civic organisations described that there NGOs (OFOP), Platform of Development NGOs (Portugal), has been an open civil dialogue with the government Civil Society Development Foundation (Romania), Scottish during the pandemic. The added value of civil society 32 Council for Voluntary Organisations – SCVO (Scotland), during this time was also recognized and expressed Gradjanske Inicijative (Serbia), Centre for Information Service, Co-operation and Development of NGOs – CNVOS (Slovenia), by a statement of the Parliament’s Sustainable Devel- Plataforma de ONG de Accion Social (Spain), Wales Council opment Commission (SDC) in the National Develop- for Voluntary Action – WCVA (Wales). ment Plan 2021-2027 (NAP2027). This plan also sets that in the next seven years dialogue with civil society Bigger networks of civic organisations were in a better will be granted with equal status as social dialogue and position to be taken into account, while smaller or will be enabled with the support of funding. A positive more critical organisations found additional difficul- step forward for civil dialogue was also the establish- ties to influence the policymaking. ment of a budget for the Memorandum Council, one In Austria, the national platform IGO – the Interest of the main consultative bodies, to support the partic- Group of Public Benefit Organisations – reported that ipation of CSOs154. the interaction was intensive with the Ministry of Civil society also highlighted some positive prac- Health, Ministry of Justice, Ministry of Infrastructure tices to ensure fast but inclusive consultation of civic that are led by representatives of the Green Party152. organisations and citizens. In Spain, NGO Platform The government also established a crisis task force for Social Action wrote that at the beginning of May, involving several health experts and a Red Cross the Spanish government constituted the Commis- representative, although it later stepped out due to sion for the Economic and Social Reconstruction of the public criticism over the lack of transparency and Spain after the COVID-19 pandemic in the Parliament with the aim to receive proposals, hold debates and

153 CIVICUS Monitor, AUSTRIA CIVIC SPACE RATING UPGRADED TO OPEN, https://monitor.civicus.org/updates/2020/09/15/austria-civ- 152 Note that Austria’s rating on the CIVICUS Monitor was upgraded from ic-space-rating-upgraded-open/, (15 Sept. 2020). “Narrowed” to “Open” on 15 September 2020 as a result of the improved 154 ECF, GOVERNMENT RESPONDS TO NGO SECTOR CONCERNS relations between civil society and the government. See: https://monitor. DURING COVID-19 CRISIS, https://monitor.civicus.org/updates/2020/05/15/ civicus.org/updates/2020/09/15/austria-civic-space-rating-upgraded-open/. government-responds-ngo-sector-concerns-during-covid-19-crisis/, CIVICUS Monitor, (15 May 2020).

ACTIVIZENSHIP #5 elaborate conclusions on the measures to be adopted social dialogue and consultation during the State of for recovery after the emergency155. In Portugal, the emergency through Emergency Governmental Decree NGDO Platform told the ECF that there was a website 34/2020. As a result, pieces of legislation related to the in place where people could send information and ques- state of emergency, such as the draft law on quaran- tions156. In Poland, the Batory Foundation pointed out tine and isolation measures, were adopted in a non- that while civil dialogue and advocacy was very diffi- transparent manner, being available for consultation cult especially for NGOs not in line with the govern- only after adoption158. As reported above, at the begin- ment agenda (see section 4.2 “Public support to the ning of May, the Romanian Constitutional Court ruled sector comes late and is often unfit for the challenge”), that the emergency ordinance is unconstitutional159 a few good initiatives to ensure fast communication arguing that measures restricting freedoms should only were implemented by civil servants in some munic- be passed by the Parliament and not by the Govern- ipalities157. Similarly, in many countries good prac- ment through emergency decree. In Latvia, while tices of dialogue were observed at the level of local positive steps were taken to improve the dialogue with communities, among local institutions and local civil authorities as described above, civic organisations also society. This cooperation was key to provide support underlined a certain concern that the fast procedure locally to people in need (see section 5 “Civil society implemented to adopt policies during the pandemic unlocks its potential”). without public consultations is still maintained even Nevertheless, consultation processes at national after the emergency160. levels did not always lead to a concrete impact on In some countries, civil society reported their policy and sometimes civic organisations were left positions have been neglected by the authorities. For with a feeling that the civil dialogue was a mere example, in Germany, CSOs were not consulted when ticking-the-box exercise. For example, in Latvia and the first confinement measures were introduced161 France, where the dialogue between the national plat- and lack of meaningful dialogue with the sector is forms and the authorities was satisfactory, this was not deemed to be an important factor for lack of reac- translated into the creation of specific funding essen- tiveness of the government to many societal emer- 33 tial for the sustainability of the sector (see section 4.2 gencies (for more information, read the chapter on “Public support to the sector comes late and is often Germany). Similar experiences were reported in Greece unfit for the challenge”). (read the case study). In Slovakia and the Czech Republic, civil society reported a lack of proactivity in using civil dialogue mechanisms, overlooking civil society voices. Neverthe- 3.2 DISREGARDING CIVIL less, civil society came together to react with a common voice to the Government’s measures. In Slovakia, in DIALOGUE MECHANISMS, April, several NGOs’ representatives established a Coordinating Crisis Staff for NGOs to assess current OVERLOOKING and future needs of CSOs and mobilising possible resources for civil society and presented their requests CIVIL SOCIETY VOICES to the Prime Minister and the Vice-Prime Minister for Information Society and Investments during a In some countries, including Bulgaria, Estonia,

Latvia and Romania, civil society reported that the 158 APADOR, Guvernul legiferează în continuare heirupist și opac, deși time available for consultation was shortened in nu mai suntem în stare de urgență; Opinia APADOR-CH pe marginea lacunelor noului act emis de guvern privind carantina și izolarea, https:// disregard of institutional frameworks of civil dialogue apador.org/en/patru-lacune-grave-ale-noii-legi-privind-carantina-sion some policies adopted. In Romania, while contacts izolarea/, (6 July 2020). 159 Human European Consultancy, Coronavirus pandemic in the EU between civil society and the Government took place – Fundamental Rights Implications – Romania, https://fra.europa.eu/ during the pandemic, the government suspended sites/default/files/fra_uploads/ro_report_on_coronavirus_pandemic_ may_2020.pdf, FRA, (4 may 2020). 160 Ibidem 155 Reported on 17 Aug. 2020 through survey. 161 Greenpeace Germany, Demokratische Teilhabe der Zivilgesellschaft 156 Reported on 9 July 2020 through survey. in der Corona-Pandemie, https://www.greenpeace.de/sites/www.green- 157 For example: https://www.facebook.com/groups/527921871483787/, peace.de/files/publications/s02911_gp_corona-pandemie_demokratische_ https://wro-ngo.pl/wrongo_covid19/. teilhabe_studie_06_20.pdf, (June 2020).

STORIES FROM THE LOCKDOWN – LEARNING FROM CIVIC SPACE WATCH meeting in May 2020162. In the Czech Republic, NGOs they have interacted with civil society and other stake- took the opportunity for greater coordination under holders in addition to the social partners in the prep- the umbrella network. They also reacted together in aration of the plans165. The first deadline to send the a public statement163 when the Prime Minister publicly draft of the national plans was 15 October, but by that claimed unawareness of the services and resources time national platforms of NGOs in most European provided by NGOs, particularly those serving vulner- member states reported not having been informed or able, at-risk, and marginalised communities. In both consulted on the national recovery plans, even where a countries, the smear campaign against individual civil dialogue framework is already in place and consul- civic organisations and activists working and advo- tation takes place regularly. cating on issues deemed controversial by authorities, e.g. sexual and reproductive rights in Slovakia and corruption in the Czech Republic (read the case study on the Czech Republic for additional informa- 3.3 PANDEMIC tion) remains a concern and risk being amplified by the incoming economic crisis. Additionally, in the AS AN OPPORTUNITY TO Czech Republic, authorities took advantage of the lack of public oversight and the pandemic to move forward CHANGE THE RULES with the contract for building an additional nuclear power block that was previously stalled due to public AND ‘EMPTY’ CIVIL DIALOGUE protests (read the Czech case study). In Hungary, the Authorization Act allowed the In some countries, authorities not only disregarded government to rule by decrees, which further reduced civil society but also made moves that will affect the opportunity for civil dialogue with public institu- the quality of public participation in the future. In tions, in a context in which democratic civic organisa- Slovenia, representatives of the sector from the national tions are systematically discouraged from engagement platform CNVOS were not involved in the first stage 34 through targeted smear campaigns and politicisation of of the consultations around the measures to tackle the distribution of public funding. When reporting on COVID-19 and the first economic package adopted did the functioning of the institutional frameworks for civil not include support measures for CSOs under economic dialogue during the pandemic, Ökotárs Hungarian Envi- pressure. Only in a later stage, the Government included ronmental Partnership Foundation wrote to the ECF: NGOs among the beneficiaries of economic support to “It varied - on the local level some mayors (ab) employers166. The Government also included a series using their extraordinary powers took decisions unilat- of measures to change the criteria allowing environ- erally without consulting anyone, while others main- mental and nature conservation NGOs to have access tained a level of dialogue. On the national level, there to the environmental impact assessments of building was no civic dialogue whatsoever; the government planning demands until the end of 2021 (read more in hardly even consulted professionals and ignored the box “Targeting environmental organisations” of the protests before making decisions.164” Slovenian case study). Additionally, the Executive took Additionally, as a general trend, the civil dialogue control over the process of electing NGO representa- is particularly rare on European matters. This was tives in Monitoring Committee of the European Cohesion true also during the pandemic. As a case in point, at the Policy and the European Economic and Social Committee end of September, the European Commission presented (EESC) (read more in the timeline of the Slovenian case to the Member States guidelines for the Recovery and study). Similar moves affecting European civic space Resilience Facility, the “investment plan” within the Next Generation EU package, including references to the role of civil society in the design and implementation of the national plans. According to the guide- 165 European Commission, GUIDANCE TO MEMBER STATES RECOVERY lines document, Member States have to report on how AND RESILIENCE PLANS, https://ec.europa.eu/info/sites/info/files/3_en_ document_travail_service_part1_v3_en_0.pdf, (17 Sept. 2020). 166 ECF, GOVERNMENT USES THE COVID-19 PANDEMIC AS A 162 Reported by Via Iuris on 27 July 2020 through survey. PRETEXT TO CURTAIL CIVIC FREEDOMS, https://monitor.civicus.org/ 163 Reference by Spiralis on 14 April 2020. updates/2020/06/19/government-uses-covid-19-pandemic-pretext-cur- 164 Reported on 10 July 2020 through survey. tail-civic-freedoms/, CIVICUS Monitor, (19 June 2020).

ACTIVIZENSHIP #5 have emerged in other countries during the election “The Government did not have a dialogue with of NGO representatives at the EESC 167. civil society with respect to the adoption of measures In Bulgaria, the above-mentioned package of related to the coronavirus epidemic. There were also amendments to the CSO law (see section 2.1 “Restricting no Government consultations with the Council for freedom of association using transparency legislation”) Civil Society Development [Ed. an advisory body to proposed reducing some of the functions of the Civil the government expressing opinions on the impact Society Development Council, an advisory body to of legislation on civil society] regarding the protec- the Council of Ministers, including setting the prior- tion of human rights of the most vulnerable groups ities for and the distribution of public funding to the during the coronavirus epidemic.” sector. A coalition of NGOs wrote: Additionally, the Croatian watchdog organisation “After more than 2 years delay, the procedure GONG wrote in a report that in May 2020 the Council for its establishment was finally started in February for Civil Society Development saw a change in the 2020. In May 2020 the results were publicly announced Rules of Procedure strengthening the representatives and 14 CSOs were elected as members of the Council of public authorities in the body and allowing deci- after an electronic vote from all public benefit CSOs sions to be made without holding sessions, hearings that have expressed interest to vote. Even prior to and discussions in violation of the legally prescribed the introduction of the proposed amendments, there standards of transparency and openness. In a letter to have been attempts to stop the establishment of the the Government Office for Cooperation with NGOs, the Council by attacking its elected members. coalition of civic organisations Initiative for a strong On June 10, 2020 after the results from the voting civil society condemned “the demise of the autonomy for Council members were announced, the Commis- of the decision-making process of CSOs, the collapse sion for Combatting Corruption and Confiscation of of cooperation and the ruin of the Council for Civil Illegally Acquired Property decided to exercise for Society Development” 169. the first time its power to analyse areas with potential for corruption and propose legislative changes. 35 It issued a statement that the Regulation of the Civil Society Development Council needs to be changed 3.4 LOCKING DOWN because it does not follow the principles of publicity and transparency and prevention of conflict of inter- INFORMATION DURING ests. This happens at a time when a number of political scandals about high-level corruption take place while COVID-19 the Council, after being established, will decide on the priorities for spending just 1 million BGN (500 000 Among the issues that made civil dialogue and civil soci- EUR) planned in the state budget for 2020.168” ety’s advocacy more challenging in times of crisis was In Croatia, Human Rights House Zagreb reported access to information, especially concerning fast-track, to the ECF in September 2020 concerning the dialogue continuously changing legislation (read for example the with authorities and the respect of the institutional Irish and Czech case studies). In some countries, govern- framework for civil dialogue: ments suspended transparency legislation or parts of it. In Hungary, the Hungarian Helsinki Committee wrote to the ECF:

167 See for example: ECF, The European Civic Forum condemns the “In Decree No. 179/2020 issued on 4 May, the retaliation of the Polish Government against the re-election of Karolina Hungarian government has restricted the protection Dreszer-Smalec, representing the National Federation of the Polish NGOs (OFOP), for another term as member of the European Economic and rights of data subjects concerning anti-pandemic and Social Committee (EESC), https://civic-forum.eu/uncategorised/ measures as stipulated by the EU’s General Data eesc-members-nomination-poland, (13 July 2020); CSE, Open letter on Protection Regulation (GDPR) and the Hungarian breaches in transparency and accountability on Member States nominations to the EESC 2020-2025, https://civilsocietyeurope.eu/open-let- Act on Freedom of information and data protection ter-on-breaches-in-transparency-and-accountability-of-member-states- nominations-to-the-eesc-2020-2025/, (17 July 2020). 168 Letter from Bulgarian civil society organisations, RE: Attacks against 169 Suzana Jasic, GOVERNMENT ATTACKS ON CIVIL SOCIETY IN civil society organisations and pro-European policies, https://civic- CROATIA - Supported by EU funds, https://www.gong.hr/media/uploads/ spacewatch.eu/wp-content/uploads/2020/07/Bulgarian-CSOs-under- government_attacks_on_civil_society_in_croatia_eng.pdf, GONG, pp. attack-2020-1.pdf, (15 Jan. 2020). 8-9, (June 2020).

STORIES FROM THE LOCKDOWN – LEARNING FROM CIVIC SPACE WATCH (Info Act). Until the termination of the COVID-19 state of emergency, request for public information could not be submitted personally or orally to any 4. ECONOMIC organisation with public-service functions, furthermore, the organisation with a public-service function must comply with an eligible request for public infor- DIFFICULTIES mation within 45 days instead of 15 days, a deadline that can be prolonged for one time only by 45 days.” In Italy, on 1 April, Transparency Italia alerted in OF THE SECTOR the newspaper Sole 24 Ore that the Decree Cura Italia of 17 March 2020 states that the Freedom of Infor- mation Act was be suspended until 31 May 2020170. In SOAR DURING Romania, civil society warned that some local public institutions were de facto suspending the right to access information and refusing to answer questions from THE CRISIS journalists and civil organisations171. Concerning Spain, the NGO Platform for Social In the previous annual report from 2019, we wrote how Action reported to the ECF: “Issues related to funding” was the second most frequent “During the state of alarm concerns about the category on the Civic Space Watch concerning develop- right of access to information were raised due to ments negatively affecting freedom of association174. In suspension of administrative time limits under the this context where funding for the sector had already state of emergency. As a result, several Spanish civil been affected by the financial crisis and funding restric- society organisations, members of The Coalition Pro tions, especially concerning civic organisations with Acceso, sent a letter to the Government in order to watchdog and advocacy functions, were documented in denounce the negative effects on transparency and several EU countries, the COVID-19 crisis additionally 36 access to information.172” had a huge economic and financial impact on many In Bulgaria, BCNL reported that a proposal was parts of the civic sector. This issue has a short-term made to amend the Access to Public Information Act impact, with many organisations at risk of being forced aiming to allow different entities to set on their own to stop or downscale their operations. It also has long- taxes for access to public information and raising term consequences: the landscape of civic organisations concerns about creating obstacles to the access to is undergoing a fast and profound change as many will public information173. stop existing or completely change their activities, in the absence of meaningful support from public institutions.

4.1 THE SECTOR IS FACED WITH ECONOMIC DIFFICULTIES

170 Laura Carrer, Perché è stato sospeso temporaneamente il Foia?, Il Sole 24 Ore, https://www.infodata.ilsole24ore.com/2020/04/01/43750/?re- As public space was closed, many organisations had to fresh_ce=1 , (1 Apr. 2020). interrupt their regular activities and rethink them for a 171 TAMTAM – Grupul ONG-uri pentru Cetăţean, Prin lipsa de transpar- ență, instituțiile statului alimentează conspiraționismul și dezinformarea, locked-down and socially distanced world. Restrictions https://www.stareademocratiei.ro/2020/04/08/prin-lipsa-de-transpar- of movement and gatherings prevented the implemen- enta-institutiile-statului-alimenteaza-conspirationismul-si-dezinformarea/, (8 Apr. 2020). tation of activities such as education, consultations, 172 See more: Coalición Pro Acceso letter: https://civio.app.box.com/s/ support groups, conferences and similar. In general, g3f1eu3kt25s0aho5n8gosqqbqc1uj6s; https://www.access-info.org/ blog/2020/04/27/spain-guarantee-access-informationcovid19/. 173 De Fakto, Не пипайте Закона за достъп до обществена информация!, 174 Giada Negri, One year of monitoring civic space: Challenges for acting https://defakto.bg/2020/04/21/не-пипайте-закона-за-достъп-до-обще- for rights are increasing but civil society is striking back, Activizenship #4, ств/?fbclid=IwAR0j4K-bFEzPRmx45ZFTMqykIKy0avgQFJK_saP93cSt- European Civic Forum, http://civic-forum.eu/publication/view/activizen- V5o13XQ8bd-P73c%22%20h, (21 Apr. 2020). ship-4, pp 28, (Dec. 2019).

ACTIVIZENSHIP #5 organisations were not being able to run fundraising or pandemic are only available for a handful of coun- economic activities to support their operations. Organ- tries. IGO – Interest Group of Public Benefit Organisa- isations active in cultural, recreational, sportive, and tions in Austria wrote to the European Civic Forum that artistic activities have been obliged to close their social finding reliable data on the sector and the impact of the centres during the lockdown and remained completely pandemic was one of the major challenges during the or partially unable to restart them until the end of the first phase of dialogue with the government to support year. In some countries, NGOs providing services to civic organisations. IGO wrote to the ECF on 7 April: vulnerable groups were not able to operate during the “Since March 27, there is a 2 billion emer- first part of the emergency, as personal protective equip- gency fund in place. On March 15 a law (Covid-19 ment (PPE) was not available. These challenges meant Gesetz) passed our parliament that for the first time in NGOs were struggling, like the business sector, to Austrian history mentions “Nonprofit Organisations” maintain activities, offices and staff. and says they are eligible for this emergency fund, the Civic organisations are facing reduced economic same as small entrepreneurs. However, until today and financial resources at a time when their services administration is struggling with criteria and calcu- are most needed. As an example, when asked about lations, to the effect that NPOs still have no access to the main challenges faced by the sector in providing these funds. This is where we are currently supporting support to their constituencies during the crisis, the the government with information on the sector and Greek association Solidarity Now responded: on the impact of the crisis on our members.”176 “[The main challenge is] higher demand for According to IGO, the Vienna University of services, including in collaboration with munici- Economics estimated the financial loss of the sector palities and local governments, in some cases with to be at least 700 million Euro, compared to 2019, fewer employees and without receiving additional depending on the sub-sector: the loss was highest in funding. For example, work in refugee camps is sports and culture, lower in education, health and more demanding and challenging while we operate research177. The Wheel reported that in Ireland charity with less staff; migrants who do not have access to fundraising and the possibility of earning income 37 social benefits and cannot work anymore need more through service fees, for example, was completely deci- support; the homeless need more assistance these days mated and estimated €400 million of loss of gener- so NGOs and grassroots groups have to provide more ated income between March and May 2020 (for more services; municipalities are asking CSOs to help with information, read the interview with Ivan Cooper from the management of new emergency shelters etc.” The Wheel). Many civic organisations had to shift their focus and redirect their limited resources to provide 176 Reported during working group meeting on 3 April 2020. humanitarian assistance to their beneficiaries and 177 Reported on 28 July through survey. the wider population, thus weakening their capacity to carry out their regular mission, including policy ACCESS TO FINANCIAL RESOURCES and advocacy work (see for example the case study on AS A VITAL PART OF THE RIGHT TO ASSOCIATION civic space for LGBTI activism). This shift happens in a context where funding for advocacy is already limited “The ability to seek, secure and use resources is essential to the existence and challenged in many European countries175 (see for and effective operations of any association, no matter how small. The right example the Czech, German and Irish case studies) to freedom of association not only includes the ability of individuals or legal entities to form and join an association but also to seek, receive and use and is exacerbated by the fact that, as described below, resources – human, material and financial – from domestic, foreign, and in some countries, the public funding to respond to international sources.” – UN, HRC, Second thematic report on the freedom of the COVID-19 crisis is redirected to service provision. peaceful assembly and association, 2013 (para. 8) Although reports of difficulties were collected in most EU member states and the United Kingdom, “Associations shall have the freedom to seek, receive and use financial, material and human resources, whether domestic, foreign or international, data concerning the economic impact of the for the pursuit of their activities. In particular, states shall not restrict or block the access of associations to resources on the grounds of the nationality or 175 Giada Negri, One year of monitoring civic space: Challenges for acting the country of origin of their source, nor stigmatize those who receive such for rights are increasing but civil society is striking back, Activizenship #4, resources.” – Venice Commission and OSCE/ODIHR, Guidelines on Freedom of European Civic Forum, http://civic-forum.eu/publication/view/activizen- Association, 2014 (principle). ship-4, pp 9- 36, (Dec. 2019).

STORIES FROM THE LOCKDOWN – LEARNING FROM CIVIC SPACE WATCH In many countries, in order to supply this lack of to suffer greatly as companies are unlikely to sponsor data, national platforms of NGOs and grant-making them. Most companies opened to sponsorships for organisations carried out surveys to assess the needs NGOs ‘used up’ these mechanisms of donation that of the sector and estimate the economic impact. In are being deducted by their taxes during the emer- France, le Mouvement Associatif conducted two gency. Thus, the rest of the year is rather uncertain surveys, one during and the other after the lockdown for NGOs relying on partnerships with companies.181” in France. During an exchange in July, the platform A decrease in donations from individuals and told the European Civic Forum that 40% of the nearly companies is a recurring challenge in many coun- 12,000 respondents said that they were expecting a tries. In Spain, the NGO Platform for Social Action loss of income. One of the main concerns is the termi- found that 70% of social NGOs in the country expects nation of partnerships, both public and private. The the contributions they receive from companies and indi- Mouvement Associatif also noticed that associations viduals to decline, while many of these entities have working in solidarity and social action saw a drop in increased the number of beneficiaries and expenses182. activities of up to 80%, mostly because of the vulnera- In Italy, in the first three months of 2020, 81% bility of their volunteers and lack of protective equip- of the beneficiaries of donations suffered a signifi- ment. On the opposite, CSOs linked to the health sector cant decrease in fundraising and 4 out of 10 reported maintained 90% of their activities. The platform esti- a decrease of more than 50%183. In an article of the mated that from 15 March to 15 April the CSO sector magazine Vita dating 17 April 2020, the Italian Forum lost about 1,4 billion EUR in revenue. In the second of the Third Sector explained: survey, 60% of the associations said they would not “The data on donations tell a very serious situa- expect to have any activities before September and, tion and testify to an exceptional reversal of the trend in some sub-sector (e.g. culture, informal learning, that sees a reorientation of donors’ choices towards sports), many were not sure of resuming activities in those perceived as closer: support for organisations, September. Nevertheless, according to the national primarily international cooperation, is abandoned platform, the financial impact will affect all the sub- in favour of support for public institutions, such as 38 sectors. In terms of employment, small associations civil protection and hospitals. A change of this magni- are the most impacted. For example, 24 000 associa- tude, in the critical moment that the country is living, tions with less than two employees, 20 000 associations will have dramatic consequences with respect to the between 3 and 20 employees and 10 000 associations [civic] organizations’ ability to resist and survive”184. with over 20 staff members will be forced to cut in Similar shifst in priorities in donations also emerged their staff178. in Belgium185. In Hungary, the Civilisation coalition conducted a Associations from across Europe also reported a survey among CSOs in May, and 75% of the respondents generalised uncertainity concerning future funding as reported financial difficulties179. In Romania, a survey in short to mid-term there are serious risks of changing by the Civil Society Development Foundation (FDSC) the focus of private donors and individuals as well as showed that over 90% of respondents are concerned public grants. These difficulties are expected to be about being able to continue to provide their regular exacerbated by the new restrictions imposed in the services in the following six months180. According to second phase of the pandemic. FDSC, in order to face the crisis, NGOs need more flexible funding sources due to the impossibility to conduct all the planned activities. The NGO also said: “NGOs and citizens are expecting the effects of the upcoming economic crisis. NGOs are expecting 181 Ibidem. 182 Reported by NGO Platform for Social Action through survey on 17 August 2020. 178 Interview with Le Mouvement Associatif on 6 July 2020. For more 183 Corrado Fontana, Il coronavirus causerà il saccheggio dei fondi data on the impact of the COVID-19 lockdown on the secotr: https:// per il Terzo settore?, https://valori.it/coronavirus-fondi-terzo-settore/, lemouvementassociatif.org/wp-content/uploads/2020/06/COVID19_ Valori, (20 May 2020). assos_enquete_2_synthese.pdf. 184 Unofficial translation from Italian: Lorenzo Maria Alvaro, L’impatto 179 Civilization, How did CSOs respond to the Covid-crisis? - rapid anal- dell’emergenza sulle donazioni? Per l’11,5% degli enti il calo è del 100%, ysis, https://civilizacio.net/en/news-blog/how-did-csos-respond-to-the- http://www.vita.it/it/article/2020/04/17/limpatto-dellemergenza-sul- covid-crisis-rapid-analysis, (May 2020). le-donazioni-per-l115-degli-enti-il-calo-e-d/155066/, Vita, (17 Apr. 2020). 180 Reported during interview with FDSC on 31 July 2020. 185 Reference?

ACTIVIZENSHIP #5 Euro to support the third sector in southern Italy. It 4.2 PUBLIC SUPPORT TO THE also extended the incentives available for SMEs and associations carrying out economic activities, such as SECTOR COMES LATE AND IS reduction of rent costs to the entire sector and accelerated the allocation procedures of 5x1000 Income OFTEN UNFIT FOR THE Tax to support non-profit organizations for the 2019 financial year189. CHALLENGES FACED In Ireland, the Government established a special emergency fund for charities - the Stability fund for Despite the huge impact the COVID-19 crisis and related charities - to cover lost income between March and restrictions had on the economic and financial viability May for the amount of 45 million190. This funding will of the civic sector and despite civic organisations being be accessible by charities and social enterprises deliv- crucial allies of public authorities that want to address ering front line services, experiencing a loss of income the complexity and dimensions of the societal challenges of 25% or more as a direct result of the COVID-19 ahead – as demonstrated by the incredible mobilisa- pandemic. Charities and social enterprises carrying tion during the emergency (see chapter 5 “Civil society out ‘essential services’ are also eligible for the Wage unlocks its potential”), support for the sector often subsidy scheme if they are able to show a loss of income arrived quite late with many governments prioritising above 25% (for more information on Ireland, read the funding for businesses first. As noted above, this had a interview with Ivan Cooper from The Wheel). In Lith- direct impact on the associations’ ability to respond to uania, in June the government opened a subsidy of two societal needs during the lockdown186 and will affect million Euros for the NGO sector working on social their capacities in the future. services. NGOs are able to apply for grants between To date187, only a minority of the European coun- 1000 and 5000 Euro191. tries created specific funding for the sector fit for Some local government had special funds for its specificities. In Austria, IGO – Interest Group of NGOs (e.g. in Spain192, France193 and Germany). In some 39 Public Benefit Organisations reported that since 8 countries, governments announced or implemented July, civic organisations have access to a support fund specific support for the culture sector that is open specifically designed for them for a total of 700 million Euro. CSOs, fire brigades, churches and other religious organizations, as well as organizations owned by them, may apply for cost recovery with a cap of 2,4 million Euro or the total amount of income loss compared to 2019. This fund is open to all Non-profit organisations as defined by law regardless of the activity they carry out. In addition to a grant that covers fixed-costs of NPOs (such as rent, water, energy, communication, insurance, costs for cancelled events, covid-19 costs..), 189 Forum del Terzo settore, MEASURES TAKEN DURING THE COVID-19 Austrian NPOs receive a structure-protection-contri- PERIOD, SUMMARY TABLE OF THE MAIN MEASURES IN FAVOR OF THIRD SECTOR ENTITIES (ETS), ITS WORKERS, THE RECIPIENTS bution in the amount of 7% of their revenue of the past OF THE ACTIVITIES’, 20/07/2020, accessed on 16 September 2020, year188. Additionally, the government announced that https://www.forumterzosettore.it/files/2020/07/20200720-riepilo- go-PROVVEDIMENTI-ASSUNTI-DURANTE-IL-PERIODO-COVID-2. it would honour public grants, at least for the national pdf; https://welforum.it/il-punto/decreto-rilancio-e-welfare/ level, even if the activities planned were not carried out. dl-rilancio-il-terzo-settore-non-e-piu-dimenticato/. 190 Charities Institute Ireland, Cii Welcomes Additional €10M for In Italy, in May, the Government allocated an addi- COVID-19 Stability Fund, https://www.charitiesinstituteireland.ie/ tional 100 million Euro to the existing fund for associ- our-blog/2020/10/15/cii-welcomes-additional-10m-for-covid-19-stabili- ations and volunteers, and supplementary 100 million ty-fund, (15 Oct. 2020). 191 CIVICUS Monitor, PROTEST OVER LGBTI RIGHTS; GOVERNMENT PRAISED FOR MILESTONE NGO FUNDING SUPPORT, https://monitor. 186 Read more: Graciela Malgesini, The impact of COVID-19 on people civicus.org/updates/2020/09/29/protest-over-lgbti-rights-government- experiencing poverty and vulnerability. Rebuilding Europe with a social praised-milestone-ngo-funding-support/, (29 Sept. 2020). heart. https://www.eapn.eu/wp-content/uploads/2020/07/EAPN-EAPN_ 192 Axencia Estatal Boletín Oficial do Estado, COVID-19: Colectivos Vulnerables REPORT_IMPACT_COVID19-4554.pdf , EAPN, (July 2020). https://boe.es/biblioteca_juridica/codigos/codigo.php?lang=gl&id=359&- 187 As of the last working group meeting on 14 October 2020. modo=2&tipo=L, (16 Nov. 2020). 188 https://npo-fonds.at/. 193 Interview with Le Mouvement Associatif on 6 July 2020.

STORIES FROM THE LOCKDOWN – LEARNING FROM CIVIC SPACE WATCH also for CSOs in this field e.g. Austria194, Belgium195, are losing jobs and income), economic activity (which Estonia196, France197 and Italy198). had to be suspended), local authorities which are In Poland, the Government promised to imple- under other emergency pressures”200. ment a 2 million Euro programme for civic organisa- The Foundation also reported that some munic- tions operated by the governmental agency National ipalities designed local public support programmes, Center for Civil Society Development (NCRSO). Critics but they are dedicated mostly to local small and stress that this amount is clearly not sufficient for the medium-sized enterprises (SMEs) and do not answer Polish sector comprising ca.90 000 - 100 000 active CSOs needs. These funds, as well as public funds for NGOs. Additionally, since 2015 we witnessed in Poland employers at national level (e.g. the “Anti-crisis shield”), a growing centralisation and politicisation of public do not address the specificity of civic organisations. funding to the civil society through the establishment For example, a significant part of the public support of the NCRSO. In the past, it was noted that NGOs is dedicated to organisations having employees on not aligning with the ruling party have had restricted a permanent basis and/or running economic activi- access to funding distributed by the NCRSO199 and ties but, in Poland, only 19% of CSOs have employees there is now concern that the support will reach mostly while the majority of organisations work with people those NGOs which are not critical of the ruling party’s with civil contracts or on self-employment and only a agenda. In a monthly monitoring of COVID-19 measures minority of organisations carries out economic activ- to support CSOs, the Batory Foundation noted the ities201. The Government took in “barely any recom- continued exclusion of some sub-sectors of CSOs from mendations from the CSOs’ side” in the Anti-crisis the public support. It reported to the ECF: shield202. A further challenge for CCS’ access to state “CSOs engaged in activities aimed to promote support is the “very large information chaos” between civic activism in public sphere, independent culture, announced measures and measures that are already independent journalism and civic media; in defence of available in practice203. As a result, the Batory Foun- women and kids rights (including measures to coun- dation commented: teract gender-based violence and domestic violence), “Most of the activities cannot be carried out in 40 ethnic, national, sexual minorities rights as well as the same form or on the same level as before. There animal rights and in environmental protection; in is a danger that some outcomes and indicators will watchdog and advocacy activities and support to not be reached and certain costs which were incurred refugees and immigrants are not only devoid of public cannot be recovered despite the fact that the events support but continue to be an object of attack by the had to be called off. There are no clear and common media which support the government. Also due to the stipulations as to the continuation of the projects pandemic, they are losing other sources of funding they financed from the European Union funds distrib- have managed to develop: donations from business uted by the national agencies or public tasks commis- (which suffers itself and directs it aid to causes related sioned to CSOs by the state or municipalities during directly with COVID-19), their constituencies (which the pandemics.204”

200 Reported on 9 Sept. 2020 through survey. 194 IG KULTUR ÖSTERREICH, Unterstützungsmöglichkeiten für von COVID19- 201 Reported by Filip Pazderski from the Polish Institute for Public Maßnahmen betroffene Kunst- und Kulturakteur*innen,https://igkultur.at/ Affairs during working group exchange on 23 April 2020. artikel/unterstuetzungsmoeglichkeiten-fuer-von-covid19-massnahmen-be- 202 Reported by Batory Foundation on 9 Sept. 2020 through survey. troffene-kunst-und, (12 Nov. 2020). 203 Ibidem. 195 Culturloket, Overview of coronavirus measures in Belgium, https:// 204 Ibidem. For more information on the economic impact of COVID-19 www.vgc.be/sites/vgc/files/2020-05/20200430_Overview%20of%20coro- on the Polish civic sector read: Situation of social cooperatives and navirus%20measures%20%28Belgium%29_EN.pdf, (2020). social enterprises due to the COVID-19 outbreak: http://spoldzielnie. 196 Reported through Survey on 24 Aug. 2020. org/new,934?fbclid=IwAR2HM4-4Q2AmwhRDISCzXkPXrql88Gz8dB- 197 Ministere de la culture, Plan de relance: un effort de 2 milliards d’euros zngHQTxmLNL_LvIYoGl7eQr7s; Situation of the civil society orga- pour la Culture, https://www.culture.gouv.fr/Presse/Communiques- nizations due to the COVID-19 outbreak: https://publicystyka.ngo.pl/ de-presse/Plan-de-relance-un-effort-de-2-milliards-d-euros-pour-la- zamrozone-walczace-zmobilizowane-pierwsze-wyniki-badania-orga- Culture, (3 Sept. 2020). nizacje-wobec-pandemii-stowarzyszenia-klon-jawor; https://api.ngo.pl/ 198 Forum del Terzo Settore, Accordo di rilancio per il sostegno al media/get/135421; Situation/condition of the cultural organizations due to settore cultura e spettacolo dal vivo https://www.forumterzosettore. the COVID-19 outbreak (above others from the economic perspective): it/2020/07/13/accordo-di-rilancio-per-il-sostegno-al-settore-cultura-e- http://mik.krakow.pl/wp-content/uploads/Kultura-w-Ma%C5%82opolsce.- spettacolo-dal-vivo/, (13 July 2020). KORONARAPORT.pdf?fbclid=IwAR3-BIfcqI0jsWRMVKlZ2EeN1eJah- 199 For more information: Filip Pazderski, GROWING CENTRALISATION 88HXa4s8QfRE9Dd3AzTX9iydLmnKNU; https://www.metropoliag- OF GOVERNMENT’S CONTROL OF THE SECTOR New waves of informal dansk.pl/upload/files/Odmra%C5%BCanie%20sektora%20kultury%20 activism emerge, Activizenship #4, European Civic Forum, http://civic- %20w%20okresie%20post%20pandemicznym%20spowodowanym%20 forum.eu/publication/view/activizenship-4, pp 88- 93 (Dec. 2019). Covid-19%206maja%202020.pdf.

ACTIVIZENSHIP #5 Other than Austria, Ireland, Italy and Poland, Associatif, aims at supporting both organisations many other countries included NGOs in some of with employees and those relying solely on volunteers. the measures supporting employers and businesses However, the State Secretary in charge of associa- (e.g. Belgium, Bulgaria, France, Germany – see the tions was not convinced about an Aid to non-profit country case study, Estonia, Romania, Slovenia – see sector208.” the country case study, Spain). However, in most As a result, the current measures in place in France cases, NGOs reported to the ECF that only a part are insufficient to ensure the sustainability of the sector. of civic organisations was actually eligible for this Similarly, in Bulgaria, CSOs were covered by some support, and this funding was unfit for the specific of the general measures in support of businesses, but needs of the sector. the conditions did not allow many of them to apply. As For example, in France, thanks to the strong reported to the ECF by the Bulgarian centre for not- advocacy of the national platform Mouvement Asso- for-profit law (BCNL) in August 2020, only entities ciatif, associations eligible for measures supporting subject to a 20% reduction in sales revenue are eligible businesses, including the €2 billion Solidarity Fund for for these measures, thus excluding all those NGOs that SMEs205 and delayed deadlines for the settlement of are not running economic activities, even if their other administrative taxes and loans. However, many asso- income (donations, fees, funding) has decreased. Addi- ciations are unable to benefit from these measures. tionally, BCNL noted that some sub-sectors are explic- One challenge highlighted by the Mouvement Asso- itly excluded from compensation, including education, ciatif is that the decrees implementing the Solidarity humanitarian aid and social work. Fund imposed the condition of being an employer thus In some countries, authorities supported the making it impossible to many associations to access operational costs of civic organisations through other it because they do not employ salaried workers, even mechanisms. For example, the national platform Civic though they have an economic activity (and related Alliance Latvia reported that the Parliament allowed expenses). In mid-May, non-employer associations had associations and foundation that lease their offices already suffered more than 400 million euros in losses in buildings property of a municipality or a company 41 since the beginning of the crisis206. In June, Mouve- controlled by a municipality are entitled to a reduction ment Associatif commented to the ECF: of rent and excused from contractual penalties in case “Many organisations lost their subsidies during of late payment. Donors are also allowed to donate an the pandemic and had to activate various solutions: additional 3% of the profits from the previous year in 38% of them used the postponement of payment of activities linked with the containment of COVID-19. administrative costs and rents; 37% used the Soli- In Belgium, tax deductions for private donations to darity Fund; 20% were granted Funds by depart- certified not for profit associations of minimum 40€ mental authorities and 18% by regional ones. Finally, have been increased to 60%209. 13% received support from the local councils. In the end, very few organisations benefited from the State Fund and from State-guaranteed bank loans (7%)207. This [fact] reveals that many organisations found 4.3 THE CRISIS AS A DRIVER the measures by local and regional authorities more adapted to their situation, than the ones provided by TO FURTHER REDUCE AND the government. Associations were also calling for an Emergency Fund to the sector of 300 million EUR. RESTRICT PUBLIC SUPPORT TO The Emergency Fund, as proposed by Mouvement CIVIC ORGANISATIONS 205 Ministere de l’economie des finances et de la relance, Fonds de solidarité pour les entreprises, indépendants, entrepreneurs, https:// www.economie.gouv.fr/covid19-soutien-entreprises/fonds-de-solidar- In some countries, the economic difficulties caused by ite-pour-les-tpe-independants-et-micro?gclid=COCe3cHHv-kCFUqNG- the lockdown implemented in most EU countries have wodmbwE0Q. been exacerbated by the decision of public authorities to 206 Le Mouvement Associative, Le fonds de solidarite, https://lemouvementassociatif.org/acces-des-associations-au-fonds-de-solidarite/, (13 May 2020). 208 Unpublished interview with Mouvement Associatif - 06/07/2020 207 For more information on the data: https://lemouvementassociatif.org/ 209 Service Public Federal, Réduction d’impôt pour dons, https://finances. wp-content/uploads/2020/06/COVID19_assos_enquete_2_synthese.pdf. belgium.be/fr/particuliers/avantages_fiscaux/dons#q2.

STORIES FROM THE LOCKDOWN – LEARNING FROM CIVIC SPACE WATCH shift the priorities of national and EU funding for NGOs more information, read the box “Evolving standards to tackle the health emergency. Fears that in short to for Freedom of Association” in section 2.1). Neverthe- medium term the public support will suffer due to less, a Hungarian public foundation has denied access budgetary concerns and the states’ priority to rescue to European funding to one NGO on the basis of non- the economic sectors have raised in several countries compliance with the law213. (see for example the interview with Ivan Cooper from In Slovenia, a new government was formed in March the Irish The Wheel). led by Prime Minister Janša, from the conservative The Slovak association Via Iuris reported to the right-wing party SDS, who has a track record of been European Civic Forum in July: critical of state funding to NGOs and had previously “A few local governments have already cut the pledged to cut state support214. It is not surprising assigned subsidies to CSOs as a result of cuts in expend- that 2020 was a “turbulent year” for public funding iture and transferred these resources to fight the spread for the sector requiring great advocacy efforts in this of COVID-19. The state subsidies have not been cut so area (read the case study on Slovenia for more infor- far, however, NGOs call for a chance to repurpose or mation). The national platform CNVOS, reported to extend ongoing projects funded from state subsidies. the European Civic Forum on 8 April: […] Following estimated economic decline, there is “In the first days of the new right-wing Govern- [also] a justified concern that social tension will inten- ment, 30% budget cut for 2020 was announced, leaving sify populistic rhetoric against NGOs and question hundreds of NGOs without secured contracts. Although the state subsidies for advocacy, human rights and the government policy changed later on, the budget for watchdog organisations.210” 2020 is still closed, meaning there is no new tenders. In some cases, these moves raised suspicion Furthermore, Ministry of culture, for example, stopped that they were aimed at disadvantaging specific sub- all funding activities, including already contracted sector of NGOs that are critical of the authorities. one. Similarly, the Government Office for Commu- In Hungary, on the one hand, the government did nications notified all grantees of their 2020 Commu- not provide any state support to CSOs; on the other nication Call that they want to abolish the contracts 42 hand, it reduced the public funding for municipalities211, under the pretence of the Covid crisis. While the whole a move that indirectly impacts their budget to support amount of the call is only 107.000 EUR, we should the sector. It is important to note that following the notice the priorities of the call: migrants, media literacy elections in the fall 2019, the opposition took over local and victims of human-trafficking. CNVOS strongly governments in several municipalities thus the measure advised NGOs against the singing of the annex.”215 seems to be politically motivated by the will to target In the Czech Republic, in March, the Communist “actors potentially able to show political alternatives party (KSČM) tabled a draft law seeking to restrict the to the ruling party”212. Democratic civil society in the access to public funding to organisations “or the imple- country has been economically drained due to lack of mentation of beneficiary projects that contribute to access to the increasingly politicised public funding as the fulfilment of state policy objectives arising from well as obstacles to receiving funding for abroad. In the main areas of state subsidy policy approved by 2017, the Government passed a law on the transpar- the government,216” in the fields of culture, educa- ency of organisations supported from abroad – dubbed tion, health and social services. It would also increase the Hungarian foreign agent law – requiring NGOs bureaucratic complications for all that might apply to receiving at least 22,000 Euros a year from outside

of Hungary to declare themselves as foreign-funded. 213 Péter Sárosi, Hungarian Public Foundation Rejects NGO Application for Some organisations pledge to disregard the law believed EU Funding over Unlawful Foreign Agent Law, https://autocracyanalyst. unjust. In June 2020, the European Court of Justice net/hungarian-ngo-foreign-agent-law/, Autocracy Analyst, (30 Sept. 2020). 214 CIVICUS Monitor, CIVIL SOCIETY FUNDING UNDER THREAT found that the law does not comply with EU law (for FOLLOWING ELECTIONS, https://monitor.civicus.org/updates/2018/07/30/ Civil-Society-Funding-Cuts-Threatened-Following-Elections/, (30 July 2020). 215 CIVICUS Monitor, GOVERNMENT USES THE COVID-19 PANDEMIC 210 Reported by Via Iuris on 27 July 2020 through survey. AS A PRETEXT TO CURTAIL CIVIC FREEDOMS, https://monitor.civicus. 211 Political Capital, Nothing is more permanent than a temporary solu- org/updates/2020/06/19/government-uses-covid-19-pandemic-pretext-cur- tion - the state of danger will come to an end in Hungary, but its impact tail-civic-freedoms/, (19 June 2020). remains, https://www.politicalcapital.hu/pc-admin/source/documents/ 216 A2larm, KSČM vytáhla proti neziskovkám. Snaží se je odstavit od pc_flash_report_nothing_is_more_permanent_than_a_temporary_solu- systému státní podpory, https://a2larm.cz/2020/03/kscm-vytahla-pro- tion_20200528.pdf, (28 May 2020). ti-neziskovkam-snazi-se-je-odstavit-od-systemu-statni-podpory/, (31 212 Ibidem p. 3. Mar. 2020).

ACTIVIZENSHIP #5 public grants. The association Spiralis, which serves as the secretariat for the national NGO platform, told the ECF in April: 5. CIVIL SOCIETY “The Communist Party targeted NGOs through a legislative proposal to change the current state subsidy funding mechanism. The proposal would UNLOCKS ITS specifically eliminate public funding for any organizations perceived as opposing any state policy positions or deemed as not serving the public interest. In POTENTIAL response to these attacks, the Czech NGO sector issued a joint public statement, highlighting numerous ways Civil society organisations and movements play an essen- they continue to fill long-standing gaps in local and tial role in supporting communities. From one country regional services.217” to another, civic actors have different status and modus In Croatia, a decision of the Government in April operandi. The tasks and functions they perform also redirected all public funding, including those for CSOs, vary. But everywhere they are in the front line to witness to providing services and medical help as part of the the precarious situations people suffer from, trying to response to COVID- 19 and the earthquake that shook respond to people’s needs for effective access to rights, the country in March 2020.218 This choice has been to alert on the limitations and adverse consequences interpreted as an attempt to reshape civil society, as of public policies. From the onset, the crisis has shown it will restrict access to funding for advocacy-based how diverse and fundamental civic actors’ roles are. organizations219. Additionally, a study by the watchdog Throughout the pandemic, the European Civic Forum association GONG from June 2020 found that in 2020 has been collecting, mapping and giving visibility to most public tenders for “good governance” and “social some of the activities associations and social move- inclusion” of the European Social Funds announced at ments have been carrying out223. This section showcases the beginning of the year were not opened220. GONG some of these initiatives, including ones nominated for 43 writes that the large discrepancy between announce- the Civic Pride award. ments and publication of public calls leaves civic organisations unable to plan and financially exhausted. It is to COMMUNITY SUPPORT be noted that organisations affected by the manoeuvres AND SOLIDARITY are those dealing with human rights, right of vulner- Faced with the exceptional circumstances triggered by able groups, corruption and transparency221. This issue the COVID-19 pandemic, citizens and associations have is not new in Croatia, and it was reported the Civic been organising to respond to pressing societal needs Space Watch 2019 report too222. produced by the health emergency and the isolation. As stated above (see section 1 “COVID-19 shakes socio-economic, political and cultural landscape”) many citizens in this crisis have experienced the value of solidarity and practised it daily through mutual support in their neighbourhoods and beyond. Especially the first phase of the 217 Reported during working group on 23 April 2020. 218 Narodne novine, Odluka o ograničavanju korištenja sredstava crisis saw a surge in volunteers spontaneously initiating predviđenih Državnim proračunom Republike Hrvatske i financijskim actions, many for the first time in their lifetime. Often planovima izvanproračunskih korisnika Državnog proračuna za 2020. Godinu, https://narodne-novine.nn.hr/clanci/sluzbeni/2020_04_41_855. these actions could benefit from the organisation of html, (2 Apr. 2020). associative infrastructures. 219 Balkan Civil Society Development Network, COVID-19: The Effects to and the Impact of Civil Society in the Balkan Region, Part II, http:// A crucial area of action was boosting the capacity www.balkancsd.net/novo/wp-content/uploads/2020/05/78-6-Balkan-Civ- of public healthcare institutions through support for il-Society-in-the-COVID-19-Crisis-Part-II.pdf, 14 May 2020. medical workers, fundraising for hospitals, running 220 GONG, In the times of pandemic we must not forget democracy, https://www.gong.hr/en/electoral-system/parliamentary/in-the-times-of- information campaigns about the pandemic, and pandemic-we-must-not-forget-democr/, p. 15, (19 Mar. 2020). producing and distributing medical supplies. A 221 Ibidem. 222 Giada Negri, One year of monitoring civic space: Challenges for acting for rights are increasing but civil society is striking back, Activizenship #4, European Civic Forum, http://civic-forum.eu/publication/view/activizen- 223 Solidarity amid the COVID-19 crisis, http://civicspacewatch.eu/ ship-4, pp 9-36, (Dec. 2019). solidarity-amid-covid-19-crisis/.

STORIES FROM THE LOCKDOWN – LEARNING FROM CIVIC SPACE WATCH great example is the Women on the Road Founda- said since the beginning, Mediterranea will only stop tion, which mobilised to sew masks to be distributed when its mission isn’t necessary anymore. And if this all across Poland (read the interview with Khedi Alieva, is true for sea rescue, it applies to our commitment co-founder of the foundation). on land today.226” In Slovakia, at the beginning of the crisis, citizens Mediterranea also created telephone lines to launched the #KtoPomozeSlovensku (Who helps respond to the concerns and anxieties of people without Slovakia) in order to connect all those who wanted social networks and to give basic medical and health to help through financial or material assistance in order advice, but also to translate to foreigners the guide- to fundraise, collect protective equipment and provide lines and vademecum distributed in Italian language services to hospitals, social service facilities and vulner- only. It also provided psychological support for doctors able groups. The initiative was opened to anyone who and health care workers on the front line presenting wanted to help, and it supported hundreds of hospi- a high risk of burn out227. tals, ambulances, social service facilities, civic associa- All over Europe, many CSOs used their plat- tions and other organisations in need224. Associations forms to contribute to the spreading of trustworthy have carried out similar initiatives in many countries225. information concerning the virus and governmental In Italy, which was amidst the first and most seri- measures. These efforts have been particularly crucial ously hit countries at the start of the crisis, among to reach out to the most marginalised communities, as the thousands of actions organised to fundraise and it is exemplified by the interview with Moussa Sangaré, offer support to the medical staff it is worth to report president of the Ivorian Community of Greece and Vice- about the NGO Mediterranea - Saving Humans. The president of the Greek Forum of Refugees. They used association, formed by a network of Italian initiatives the social media platforms of the two associations to which came together in 2018 to save lives in the Medi- inform migrants communities in Greece about the situ- terranean, redirected its services that had to stop in ation. In Italy, Arci - with the support of UNCHR Italy the sea, to provide help in the health emergency. The - used the platform JumaMap, which maps services for organisation communicated: asylum seekers and international and humanitarian 44 “The development of the coronavirus pandemic, protection holders available in Italy, to share infor- and the indisputably necessary measures adopted to mation on the pandemic in multiple languages. A free try to contain it, protecting the frailer among us, and telephone line was created in cooperation with the those more exposed to the risk, require us to suspend doctors of Médecins du Monde and UNICEF to ensure our operations at sea. […] The fact that our ship migrants access to medical services. cannot set sail does not mean that we are stuck. As Associations have also provided advice to under- we know very well, our beloved Mare Jonio is made stand how the government measures would impact of more than its steel, its engines, its rudder and its and support specific groups and the wider popula- hull: it is made of what we bring to it ourselves, of tion in order to help them to access governmental aid. what is within each one of us, and how we manage to Civic actors have been active in supporting bring it together. Our ship will now sail through this communities to better cope with the pandemic crisis thanks to its crews that carry it in their hearts also by providing social services to all people in everywhere they go. Our crews are made of those 100+ need, including the elderly, patients, people in quar- doctors and paramedics who are part of the Medi- antine, sidelined minorities, migrants and refugees, terranea ground and sea crews, who have been on and marginalised and rural communities. the front line in the Italian hospital since day one of For example, in Hungary, the Civil College Founda- this epidemic. Our crews are the dozens of activists tion, together with the aHang campaign platform and who are lending their hand to the public services in the Chance Labor Association, launched the initiative the various areas affected by the contagion, working in the ambulance and assistance services. As we’ve 226 Mediterranea Saving Humans, Sailing through the crisis, planning hope. A letter to all the ground and sea crews, https://mediterra- 224 Reported to the ECF by Via Iuris; https://ktopomozeslovensku.sk/. nearescue.org/en/news-en/sailing-through-the-crisis-planning-hope-a- 225 Poland: https://www.facebook.com/pg/PodarujPrzylbiceSzpitalowi/ letter-to-all-the-ground-and-sea-crews/, (19 Mar. 2020). about/?ref=page_internal; Croatia: http://www.futura.com.hr/isporuceno-pre- 227 Amnesty International Italia, Mediterranea Saving Humans: medici ko-2-000-zastitnih-vizira-za-medicinsko-osoblje/?fbclid=IwAR0gTeq7REKRI- volontari in prima linea per l’emergenza da Covid-19, https://www.amnesty. 519nEtK9pPUbDJTOvf5cT3hSzzPn4z1mLLBqV-CboeRuE4; Romania: https:// it/mediterranea-saving-humans-medici-volontari-in-prima-linea-per-le- www.romania-insider.com/coronavirus-ngos-donations-fundraising-romania. mergenza-da-covid-19/, (20 Apr. 2020).

ACTIVIZENSHIP #5 “Another bite”, collecting and distributing food and In Bulgaria, the Youth Centre in the Rose Valley sanitary products for 500 families in 12 villages in disad- mobilised young volunteers to support elderly people in vantaged areas during the weeks of the lockdown. rural villages. They worked with the local municipality In Rome, a network of grassroots organisations to identify people in need. They supported homeless, active in North-East of the city - Terzo a Domicilio - jobless people and single parents with children in coordinated local associations and volunteering efforts remote villages and small towns by donating human- to support over 300 families having difficulty paying itarian packages with essential food products, disin- for food and medicines. They also provided help filling fectants and masks. out papers and bureaucratic procedures with lawyers With different impacts, in many countries, associ- and other professionals involved voluntarily, as well as ations and volunteers tried to soften the impact of the psychological support provided by qualified volunteers. crisis which put on families the burden of schooling In June, Inese Vaivare, from the Latvian develop- and harshened the digital divide, creating enormous ment association LAPAS, reported to the ECF: barriers for children in low-income families to access “In Latvia, local activists organised a hackathon education. For example, in Hungary, Chain Reaction to find IT solutions as an emergency response. This and Invisible School organised a fundraising campaign event brought together eight people who were profes- to collect and distribute digital devices to over 180 sionals in their own field - IT, start-ups, communi- children in need throughout the country. The devices cation and others - but were strangers to each other were distributed by community organisers working before. They worked on finding a way to reach out to on the ground with local schools. They also mentored the digitally divided groups who are at the same time and supported families using the material. In Austria, high-risk groups: the elderly, people with disabilities, the association Volkshilfe Favoriten, raised funding to etc. We developed a 24/7 call centre with HelpLine - provide 25 kids in the low-income Favoriten district a social enterprise employing people with disabilities, in Vienna with laptops to follow lessons online228. In a website and a mobile app. The requests [received Germany, an initiative called “Corona School” brought by phone] are put in the system by HelpLine and are together 12’000 university students and teachers to 45 reviewed by volunteers operating in the “back office”. support kids and their parents with the schoolwork Then through the mobile app, volunteers can “pick up load on a weekly basis. the task” related to the geographical area they have Concerning the situation in Spain, “Defender a subscribed for. [The process] is decentralised and quien Defiende” wrote on the Civic Space Watch: person-to-person. In two months since the launch, we “Social movements have been essential during the had almost 1000 volunteers registered. Our research most critical moments of the health crisis. […] They shows that for most of them it is the first volunteering put their infrastructures, knowledge and contacts into experience, so we managed to bring in new people. the creation of support networks in different neigh- Also, we found out that half of them have established bourhoods of the most overcrowded cities in Spain, long-term relations with people in need, meaning that covering the deficiencies of the public aid networks. community support has been growing.” Thanks to the self-managed networks, families who Through this process, the Latvian group was able to were left with nothing after the lockdown were able to identify “emerging” vulnerable groups, like doctors (all access food, children have been provided with school the time mobilised outside the home) and small busi- materials to follow their classes and help and atten- nesses, and address their needs with targeted actions tion has been promoted for the elderly by doing their and partnerships. shopping and not leaving them alone.229” In many cases, these self-organised solidarity Another crucial aspect of organised solidarity experiences established forms of cooperation with was providing relief to the psychological and local institutions in order to articulate their action and implement public policies. This articulation could 228 Meinbezirk, Computer werden für Schüler gesammelt, https://www. be seen, for example, in Italy, where many mutual help meinbezirk.at/favoriten/c-lokales/computer-werden-fuer-schueler-gesa- groups distributed vouchers and parcels of the Munic- mmelt_a4048416 , (4 May 2020); Dunav.at, Spendenaktion für Kinder in Favoriten: #allekidsonline, https://dunav.at/de/spendenaktion-fuer-kind- ipalities to supplement the lack of public services in er-in-favoriten-allekidsonline/, (20 Apr. 2020). their communities. 229 Defender a quien defiende, SPAIN: Human rights and support networks in times of pandemic, https://civicspacewatch.eu/spain-human-rights- and-support-networks-in-spain-in-times-of-pandemic/, (9 July 2020).

STORIES FROM THE LOCKDOWN – LEARNING FROM CIVIC SPACE WATCH community traumas caused by isolation and lone- couples were not included in the legislation. The asso- liness. Associations have deployed their expertise to ciation pointed out the situation to the authorities and provide mental health support online and via tele- successfully obtained to include more categories in phone, as well as online collective spaces to create a the law (read the interview with Czeslaw Walek and sense of belonging and entertainment. Cultural activ- Filip Milde below). ities online blossomed during the crisis, in a period in When authorities would not take into account which many felt vulnerable: online meetings, broad- the alerts of civic actors, they organised contestation casts, cinema, theatre, discussions… were organised and mobilised the public. For instance, in Spain, as the in the attempt to provide people with an opportu- health emergency worsened the conditions of domestic nity to stay together, not to lose sociality, to remain and care workers, especially those with migrants mentally active. backgrounds, the association SEDOAC (Asociación For example, in Palermo, a city in the south of Servicio Doméstico Activo - Active Domestic Service Italy, the association Maghweb created a web commu- Association) succeeded in making a strong case for nity radio, called Radio Comunitaria, to share infor- state’ support to the sector (read the interview with mation but also to broadcast music and provide free Carol Elias). On this action, the Calala Women’s Fund cultural and artistic content. The association reported reported to the ECF: to the ECF: “Faced with this situation, SEDOAC carried out “During these months of Radio Comunitaria, a strong political advocacy campaign through the we aired music and live concerts, leisure, narratives media, demanding that the government should adopt and theatre pieces, storytelling for children, news measures for domestic and care workers. While, at and solidarity initiatives […] What we experienced the same time, accompanying and informing domestic with Radio Comunitaria is that one of the cures to and care workers through their social networks and this pandemic is not feeling alone, feeling part of a the telephone. This advocacy campaign was built in community.” coordination with the NGO Alianza por la Solidar- Many cultural events held online by civic actors idad […], and it was echoed in most of the media, thus 46 have also been used as fundraising opportunities to becoming a mean of pressure for the Spanish State, support medical staff and groups most hit by the crisis. which had to issue a special measure for domestic For example, the Czech LGBTI initiative “We are fair” and care workers: the Extraordinary Subsidy for aired a theatre play on their social media to raise funding Domestic Employees. With all this work, precedents to actors, single parents and medical students sewing are set for the viability of achieving the objectives masks (read the interview with Czeslaw Walek and of their struggle, while directly impacting the living Filip Milde). conditions of those domestic and care workers that have access this benefit. This opens the way to the INFORMING PUBLIC POLICIES political process to achieve equality of rights with AND HOLDING INSTITUTIONS other labour sectors.” ACCOUNTABLE CSOs have closely monitored the legislation Being in close contact with vulnerable groups and introduced to face the health emergency, its impact the population at large, civic organisations and social on democracy, human and civil rights as well as the movements have a deep understanding of societal chal- policing of the measures. lenges and how public policies (or lack of thereof) For example, in Spain, the collective Defender a affect them. Governments and institutions at all quien Defiende has been monitoring, mapping and levels have found valuable, yet demanding partners denouncing instances of police abuses. It also produced in civic actors who alerted of the conditions of the a step-by-step manual of instructions with a video to population and provided them with information empower anyone challenging imposed fees consid- and policy proposals. ered unfair.230 In Bulgaria, a group of lawyers started An example is the advocacy action carried out by the initiative #rightsincrisis monitoring the violation the Czech LGBTI initiative “We are fair” calling for a of rights during the state of emergency, carrying out marriage equality bill. When the Czech borders were opened to reunify married couples that were separated in different countries by the lockdown non-married 230 Ibidem.

ACTIVIZENSHIP #5 interviews and providing legal materials231. In Hungary, the beginning of the epidemic. Racist discrimination, human rights organisations provided legal monitoring which is already unbearable, is reinforced by police and aid to people in need232. Also, as a law was passed impunity and violence and humiliation are increasing making legal gender recognition impossible, LGBTI in working-class neighbourhoods. In addition, there organisations are challenging it nationally in Court233 is the discriminatory curfew imposed on the inhab- and transnationally through advocacy campaigns (see itants of these neighbourhoods by the city of Nice. the case study on LGBTI activism). In France, the Ligue These blatant injustices are documented, and no one des droits de l’Homme documented and denounced can ignore them236.” abuses by institutions and police forces throughout the At the beginning of June, protests have sparked country234 and successfully took legal actions against in cities all across Europe after the murder of George government’s decrees banning public gatherings and Floyd in the United States. This wave of demonstra- freedom of assembly235. In Ireland, the Irish Council for tions has brought into the spotlight the issue of insti- Civil Liberties was able to obtain the introduction of a tutional discrimination and police violence that also sunset clause to limit the timeframe for extraordinary exist for many decades in Europe and has been regu- powers of the government (see the Irish case study). larly documented during the lockdown (see section All across Europe, civic actions have sprung show- 2.3.1 “Deploying the coercive apparatus to police the casing how most often the sanitary measures and pandemic”). In France, on 3 June 2020, despite legal associated sanctions disproportionally impacted limitation to the right to demonstrate in the framework migrants, Roma, homeless people, those in deten- of the pandemic, the collective “Truth and Justice for tion centres and prisons, LGBTI people (see the Adama Traoré” mobilised 20 000 people in Paris in soli- case study by ILGA Europe), people of colour and darity with Black Lives Matter and in protest against the low-income class. a judgment regarding the Adama Traore case237, who For example, in France, in April, thirty civic, polit- died after being arrested in 2016238. Mobilisations also ical and social groups joined an initiative promoted by happened in Belgium, Germany, Portugal, Italy, Greece, the collective “Truth and Justice for Adama Traoré”, and many other countries. They are forcing Europe to 47 condemning police behaviour in ghettoised neighbour- face the present inheritance of its colonial past. hoods. The initiative stated: The online space has been crucial to mobilise “People living in working-class neighbourhoods support for advocacy proposals and protest. Still, are on the front line of the health crisis: they are associations and movements also found creative ways among those who work in the “essential sectors”, to carry out mobilisations in the streets while main- those who help our society not to collapse today. Yet taining safety measures. For example, in Poland, people social inequalities, already glaring, are reinforced by protested against the move to tighten abortion legis- the management of the coronavirus and will explode lation while queuing at the supermarket239, while in with the economic and social crisis to come. This is Slovenia, activists have protested against the govern- already reflected, among other things, in the particu- ment’s moves to restrict rights by cycling around the larly high excess mortality in Seine-Saint-Denis since city (read the interview with Nika Kovač). Other groups that have been particularly hit 231 BCNL, Temporary Derogation from the European Convention on during the pandemic also have self-organised or Human Rights – is it Necessarily?, http://bcnl.org/en/news/rights-in- the-time-of-crisis-1.html, (26 Mar. 2020). mobilised in protest. It is, for example, the case of 232 See for example: https://www.helsinki.hu/en/covid-19-news/ https:// hclu.hu/en/articles/research-on-the-obstruction-of-the-work-of-jour- 236 La colère des quartiers populaires est légitime, https://www.bondy- nalists-during-the-coronavirus-pandemic-in-hungary; https://hclu.hu/ blog.fr/societe/police-justice/la-colere-des-quartiers-populaires-est-leg- en/articles/how-not-to-commit-scaremongering; https://hclu.hu/en/ itime/, Bondy Blog, (24 Apr. 2020). articles/coronavirus. 237 AFP / The Local, Who is Adama Traore and why are there protests 233 Transvanilla, #LGRforHungary - Call to action page, http://transva- across France in his name?, https://www.thelocal.fr/20200603/who-is- nilla.hu/home/news/lgrforhungary-call-to-action-page, (22 June 2020). adama-traore-and-why-are-there-protests-across-france-in-his-name, 234 Malik Salemkour, DU RISQUE SANITAIRE AUX RISQUES (3 June 2020). DÉMOCRATIQUES, https://www.ldh-france.org/du-risque-sanitaire-aux-ris- 238 European Civic Forum, FRANCE: Interview with Comité pour Adama ques-democratiques/, LDH, (24 Mar. 2020). – Fighting for justice and truth for victims of mistreatment by the police, 235 Civic Space Watch, FRANCE: The French Ligue des Droits de http://civicspacewatch.eu/france-interview-with-comite-pur-adama/, l’Homme takes legal action against the government’s decree banning Civic Space Watch, (19 Jan. 2020). public gatherings and freedom of assembly, https://civicspacewatch. 239 Claudia Ciobanu, POLES FIND CREATIVE WAYS TO PROTEST eu/francethe-french-ligue-des-droits-de-lhomme-takes-legal-action- DESPITE THE PANDEMIC, https://civicspacewatch.eu/poland-peo- against-the-governments-decree-banning-public-gatherings-and-free- ple-find-creative-ways-to-protest-despite-the-pandemic/, Reporting dom-of-assembly/, (16 June 2020). Democracy, (21 Apr. 2020).

STORIES FROM THE LOCKDOWN – LEARNING FROM CIVIC SPACE WATCH renters with rent strikes carried out both by people PUTTING SOLIDARITY AT THE CENTRE in difficulty and by people in solidarity with them240. OF THE AGENDA FOR RECOVERY, Doctors and health workers have organised protests PROPOSING ALTERNATIVES in different countries241. In Italy, the families of those As discussed in the first section of the analysis, the who died in great numbers inside retirement houses pandemic brought serious concerns for large parts of have started mobilising asking for the truth242. the population, especially with the surge in unemploy- The monitoring and advocacy work was also ment and income insecurity that challenge the day-to-day carried out at the European level. Among the most survival of many. As presented so far, civil society has critical transnational civic mobilisations was the call played a key role in bringing these fears and related to close Moria’s refugee camp on Lesbos island and concerns to the attention of the institutions, providing ensure dignified life to all243. This demand came from rapid assistance to these needs and elaborating targeted many different actors at the same time at national policy proposals to tackle them. and European level, through petitions, letters, joint At the same time, while the outbreak of the statements and creative protests. For instance, in pandemic created a lot of confusion and anxiety, it Germany, on 5 April, people walked individually through also opened a window of opportunity to call for the Brandenburg Gate in Berlin, maintaining a safe substantial and comprehensive reforms in order distance and left coloured footprints or empty shoes to change the way societies, economies and institu- all over the square244. tions work. Many civic organisations and social move- Other examples are the tracking initiative by the ments have been joining forces and calling for a just and civil liberties associations ICNL and ECNL looking at fair society for years. In the context where the effects the impact of emergency measures on civic freedoms of the crisis are exposing the unsustainability of the globally245, and the Corona Lobby Watch by Corpo- present economic and social model, they presented rate Europe Observatory monitoring how lobbyists proposals and joint statements. They launched peti- of many industries opportunistically used the health tions and online events. The aim of these initiatives emergency to deregulate their sectors and reduce the has been urging to start thinking a desirable future for 48 European Union’ scrutiny246. The Election-Watch.EU the ‘day after’ the health emergency, to brainstorm network conducted a Rapid Assessment of the impact collectively the changes the crisis should make inevi- of Covid-19 on elections in Europe247. table248. This mobilisation for alternatives did not only target specific sectors but also allowed for broader inter-sectoral coalitions and demands. For example, at the end of March in France, 18 associations and trade unions appealed “to all progressive and humanist forces [...] to rebuild together a future, ecological, feminist and social, breaking with the policies carried out so far and the 240 Germany: https://www.wirzahlennicht.com, Spain: https:// 249 civicspacewatch.eu/spain - human- rights-and-support-networks neo-liberal disorder” . In Italy, over 700 organisations -in- spain-in-times-of-pandemic/. came together around a manifesto “for the society of 241 Spain: https://www.aa.com.tr/en/europe/spain-sees-396-new-covid- 19-infections-doctors-protest/1875766; France: https://www.france24. care” and are now working towards convergence and com/en/20200616-enough-applause-french-health-workers-rally-an- formulating concrete proposals putting at the centre ew-for-post-coronavirus-reforms; Belgium: https://www.aa.com.tr/en/ 250 europe/belgium-workers-protest-during-pms-hospital-visit-/1843971. life and dignity . 242 Gazzetta di Modena, I decessi nelle Case di Riposo, protesta sotto la At the core of all the demands and mobilisations Regione Emilia Romagna: « Come è morto mio nonno? », https://gazzetta- dimodena.gelocal.it/modena/cronaca/2020/06/10/news/i-decessi-nelle- that encompass a broad approach, is the idea that to case-di-riposo-protesta-sotto-la-regione-emilia-romagna-come-e-mor- recover from the collective trauma we experience, to-mio-nonno-1.38950367?refresh_ce, (10 June 2020). solidarity from all and with all has to be at the centre 243 For example: Change.org, #LeaveNoOneBehind: Prevent the Corona catastrophe now - also at the external borders!, https://www.change. of the agenda. As explained in the interview with org/p/european-governments-leavenoonebehind-prevent-the-corona-catastrophe-now-also-at-the-external-borders. 244 Seebrücke: https://seebruecke.org. 248 See examples: http://civicspacewatch.eu/category/call-for-action-covid19/. 245 ICNL and ECNL, COVID-19 Civic Freedom Tracker, https://www. 249 « Plus jamais ça ! » : 18 responsables d’organisations syndicales, asso- icnl.org/covid19tracker/. ciatives et environnementales appellent à préparer « le jour d’après », 246 Corporate Europe Observatory, Corona Lobby Watch, https://corpo- https://civicspacewatch.eu/tribune-plus-jamais-ca-18-responsables-dor- rateeurope.org/en/2020/05/corona-lobby-watch. ganisations-syndicales-associatives-et-environnementales-appellent-a-pre- 247 Election Watch, https://www.wahlbeobachtung.org/en/election-watch/ parer-le-jour-dapres/, FranceInfo, (27 Mar. 2020). principles/. 250 La societa’ della cura, https://societadellacura.blogspot.com.

ACTIVIZENSHIP #5 Corinna Genschel and Rebecca Rahe from the collec- the negotiations for national recovery plans and the tive #Unteilbar, bridging different civic and social actors next European Multiannual Financial Framework to in Germany, solidarity should be understood as more ensure that national and European budgets match the than the spontaneous practice we observed in all neigh- priorities and need to change path highlighted by the bours in Europe. Solidarity also means demanding that crisis. For example, the European Civic Forum coor- the costs of and resources mobilised for the crisis are dinated over 300 civic organisations to protest the cut distributed equally in society. On 14 June, the group of funding allocated to the Justice, Rights and Values called on civic actors and citizens to take on the streets programme by the proposal of the European Commis- of ten cities across the country to remain “indivisible”, sion. The programme would provide essential funding united through the crisis. The call to action stated: for civil society working to defend fundamental rights “Now we decide who bears the costs of this global and the rule of law in the European Union253. As a crisis, who will come out of it stronger, and who weaker. result of this pressure, in November 2020, the European Now we decide whether we manage to strive together Parliament and the German Presidency of the Council towards an anti-racist, social and climate just society of the EU agreed to significantly increase the budget – for a better life for all. Even in this crisis we demon- for the programme, raising from 0.8 to €1.6 billion for strate that this can be handled with solidarity – we the 2021-2027 period254. do not allow to be played off against each other.251” During the months of the lockdown, we have seen an impressing number of webinars and meetings connecting struggles and attempting at strategising. While the day-to-day work was dictated by the urgency of responding to health, societal and democratic emergencies very locally rooted, the internet offered a space to revitalise regional, European and global thinking and coalition-building. 49 For example, over 50 civic organisations called on the European institutions and Member State governments to make solidarity the “bedrock” of the response to the crisis and “to seize this moment to work towards a fundamental change in our social, economic and political systems.” They also committed to “working together towards a shared vision of the future of Europe, one that is based on a socially just, feminist, sustainable, democratic and inclusive society” and to be “ready to support the transition away from the current social and economic model, which drives inequality and environmental destruction and leaves us unprepared when crises hit.252” Despite the problems and the limitations of the internet, this tool is providing civil society with a new possibility to meet and to cooperate, with reduced need for funding for travelling, minor impact on the climate, and with the possibility to involve also “peripheral” communities and persons. CSOs also organised and coordinated intense pressure on European and national authorities around

253 ECF, FUNDAMENTAL RIGHTS: PUT OUR MONEY WHERE OUR 251 Unteilbar, https://www.unteilbar.org/sogehtsolidarisch/. MOUTH IS, https://civic-forum.eu/publications/open-letter/letter-to-eu- 252 For a Europe that cares for all – during the COVID-19 pandemic and-national-leaders, (8 June 2020). and beyond, http://www.foeeurope.org/sites/default/files/democratic_ 254 ECF, CIVIC ORGANISATIONS TO SECURE A HISTORIC VICTORY!, europe/2020/for_a_europe_that_cares_for_all_-_during_the_covid-19_ https://civic-forum.eu/press-release/civic-organisations-to-secure-a-his- pandemic_and_beyond.pdf, (Apr. 2020). toric-victory, (13 Nov. 2020).

STORIES FROM THE LOCKDOWN – LEARNING FROM CIVIC SPACE WATCH This is the story of the war widows of Chechnya who know what it means to lose beloved ones. When Khedi Alieva and her sister Aminat learnt that people were dying in masses in Italy and Spain because of COVID-19, they swung into action to save lives. Together with their women’s group Women on the Road Foundation, the Chechen sisters got behind their sewing machines and started making protective masks and overalls. To date, the women, based in the Polish city of Gdańsk, have sewn at least 31,000 masks for doctors, nurses and others in the wider community. This story is a great example of how we all can feel responsible for each other during an epidemic that affects all of us. It has been undertaken by women who come from war zones and are familiar to death. Their experience has given them the strong will to live and determination to make the most of life. By undertaking this work, not only do they strengthen their feeling of belongingness to receiving society, but they also counteract persistent 50 negative stereotypes about refugees.

Filip Pazderski, Institute of Public Affairs Foundation

ACTIVIZENSHIP #5 THE EPIDEMIC HAS PUT US ALL ON THE SAME FOOTING Women refugees sew masks for everyone in Poland

Interview with Khedi Alieva, Fundacja Kobiety Wędrowne / Women on the Road Foundation 51

Can you tell us about Italy. I am a woman of the world. I touched people..’ and I thought ‘Yes, I am a human the Women on the Road dead human bodies with my hands as I too’. I believe in that statement because I foundation? When was it was searching for the body of my husband fled war in my country with the hope to founded, who are its members who lost his life in the war in Chechnya. find peace in Poland. I wanted to show the and goals? I suffered from post-traumatic stress Polish people here in Gdansk that even Kobiety Wędrowne is the only foundation disorder. When I heard about the situa- though I am different - I am a woman, organised by refugee women in Poland tion of refugees in Italy, I got afraid that a refugee, a Muslim... - I have the same with the goal to cooperate and live in it might be a similar story. But I thought: peace together in Poland. The foundation I am strong also because of my past. With is led by me and sociologist and psychol- the dresses, we wanted to show them that ogist from the Gdansk University Dorota they can also have their own goals and be Jaworska. We also created similar groups active, instead of spending time thinking PEOPLE WILL NOT in other cities in Poland: in Warsaw and about dark memories. We had to interrupt GIVE UP IN DIFFICULT Grupa. For migrant women, it is often diffi- this project because the pandemic started, cult to spend time outside the family so but we hope to be able to resume it soon. TIMES AND WILL BE we thought that sewing together would ABLE TO SUPPORT be a good pretext for them to spend time What pushed you to get outside the house. The women involved in organised in Poland and what EACH OTHER AND NOT the foundation are from Chechnya, Azer- is it like to be a woman refugee DIVIDE THEMSELVES baijan, Tajikistan, Russia, Ukraine... Before and an activist in the country? the COVID situation, we were designing When I arrived in Gdansk, I was thinking INTO GOOD AND BAD, and producing dresses. We were going to of the speech that Lech Walesa gave to WEAK AND STRONG sew some for women in refugee camps in the Congress of the United States ‘We the

STORIES FROM THE LOCKDOWN What initiatives did you carry scared we could starve. But this did not out to support people in happen because people, friends, neigh- your community during the bours started to prepare food and bring pandemic? it to us for free. Then people also started When the COVID broke out, we were asking to volunteer and help us sewing the somehow prepared: we had sewing masks. At the beginning we were refusing machines and knowledge to use them. because it was too risky. But there were When I learned about the lack of masks so many requests... so, we decided that in Poland, I thought that we, women they could sew the masks and leave them from the foundation could help. I started in boxes outside the school ‘quarantining’ reading how to make masks and with for some time. 15 people helped; we gave the internet, it was easy to find that out. them all the resources and knowledge to Then there was the issue of the material. sew masks in their homes. We exchanged Somebody brought us fleece, a material practices with five other civic organisa- Khedi Alieva used for medical purposes, but it can only tions. We also cooperated with other be used once. I remembered that cotton is migrants’ centres in Poland to sew the feelings, hopes and rights as everybody natural; you can wash it and use it again. masks as well as with municipal and else. I wanted them all to know that. So, I started to search for it. I found it quite regional health, social welfare, educa- When I came here, I felt like a child quickly, but it was three times more expen- tion and security institutions. and when I met Dorota, she was walking sive than fleece. I told the story of my life We were afraid that we were not me as a child, holding my hand. With to the owners of a store and what I wanted doing enough and not helping enough the help of Dorota, I found that there to do with it. They gave me the material people, so we were even sleeping at school are about 20 organisations working with even if I was not able to pay them and they to make more masks. So far, we sewed refugees in Poland and they are doing a even took material that they were keeping 31,000. We distributed masks in all Poland: lot of great work, but none was founded for other customers. They believed that I in Churches, hospitals, nursing homes, 52 by refugees. So, with Dorota, I decided to was going to use it well. They were asking schools… To our neighbours, Roma people, change this and start a foundation that me how I was going to do with such a big refugees, homeless people through associ- would be led from the beginning by a bill, and I told them that people would ations that support them.... whoever was refugee. For the next years, our goal is help. And that was the case. My friends asking us on Facebook, could come and to prepare and train the younger genera- organised a fundraising action and they pick up the masks. At the beginning, it was tion to take the lead of the foundation one collected the money to pay all the material. impossible to buy masks, even online. We day. We started an informal group called In June I paid all my debts. To whom would even gave them for free to shops. Then, ‘Not sweet girls’, with teenage refugees ask, we said that we did not want money, when the situation with masks improved, from USSR countries. We helped them we preferred receiving fabric, so people we started producing medical overalls, write a project and they got a grant for started organising to bring us material. it, so they are working on it now! Also, We started producing the masks we thought that it would be good to find around 15 March. I went to the Director I FOUND THAT them mentors in the industries they would of this school, to ask for a space to manu- like to succeed in. For example, one of facture masks. Schools were closed all THERE ARE ABOUT them would like to become a fitness across Poland and teachers were doing 20 ORGANISATIONS instructor wearing hijab, another one has their lessons online. She took a risk: at physical disabilities and the other one is that point it was not clear what the rules WORKING WITH a very skilled designer. We are looking for were going to be in the next period. She REFUGEES IN POLAND mentors to help each of them in the area allowed us to use the school library to they want to succeed. sew the masks. I started only with my AND THEY ARE DOING sister. We wanted to keep it in the family, A LOT OF GREAT Do you consider yourself and to avoid spreading the virus outside the your organisation feminist? family. Even my son decided to leave his WORK, BUT NONE WAS Yes! job and started helping. When we started FOUNDED BY REFUGEES we had no food. At one point we were

ACTIVIZENSHIP #5 fifty so far. Now, we are still sewing masks in the school during the summer break. We want to be prepared in case there is a second wave in the Autumn. Throughout the lockdown, I was also so full of the belief that I would not get sick, that I would be okay and that gave me a lot of energy to work. I even danced Chechen dances for people on the social media of the foundation. Dorota offered psychological support to people. Many people said that we gave them a lot of energy and strength during the lockdown. We reached thousands of people. They believed in us and helped us. They trusted our story and our willing- did not like that system. In Poland, it is very international level, the Polish Ombudsman ness to help. Some newspapers and media difficult from an economic point of view, started looking into my situation, because also picked up on the news. at the begin- but for me freedom is more important. the wait for my documents is too long. ning, A very prominent local journalist For example, pursuing higher education Some European officials have put pressure was questioning why we were doing it, if instead of sitting demoralised and doing and that is helping. So, it might be over not for money. So, I showed him my bank nothing. I had the opportunity to co-author soon. account with only 10 Euro balance and a book for the University of Katowice with he was shocked and moved. He started Dorota on the situation of Chechen people. What lessons can be learned believing the story. from this initiative that can Do you think that the freedom potentially inform a post- 53 Do you think that this story had you perceived as a refugee is COVID-19 institutional and an impact on the perception of also connected with Gdansk societal response? migrants in the public? pro-immigration policies? During the lockdown, through our activi- There is a common view of Poles as Yes. Since the first moment I arrived, I felt ties many people got the knowledge and anti-migrants. But I do not believe this I belonged here, but the situation was quite understanding for refugees and people is true. The warmth that I received from difficult at the beginning. One day there coming with other cultures. I think that people, especially during this action, really was a celebration and the then-Mayor Mr people are now richer with the experiences tells a different story. Polish people fed me Adamowicz was present. When he saw in their hearts and open to cooperation. and my family for three months. I am in us, ladies dressed in colourful clothes and Many people learned that life is the most contact with refugees from Chechnya in hijabs, he came to greet us and welcomed important value and it must be protected. Austria, Germany and Switzerland. Their us. We hope that this initiative will be an situation is clear; they got the documents. example so that people will not give up in On the contrary, I am still waiting for my Is there a desire to get difficult times and will be able to support documents. I have been waiting for too organised also transnationally each other and not divide themselves into long, for seven years. But here in Poland in Europe? good and bad, weak and strong. The I have the freedom to be who I want. I Dorota and I have been invited to go and epidemic has put everyone on the same also lived in Austria for three months. meet other organisations in Germany, level. We must learn to live together. Anywhere I go I like to be active but in Italy, and Spain but because of my docu- Nobody should have the same dark expe- Austria authorities stopped me from being ments it is impossible for me to travel. riences that I have had, so my lesson is: be active. My idea is that they wanted to keep alive and cherish your life! refugees less educated. The system there Do you think that the European The interview was carried out on 14 July 2020. It is also very demoralising: when you are in Union can be an ally in your was carried out in Polish, translated by Joanna the camps and you are not working, you struggle? In what way? Dunajska. receive more money than when you have Since the work of the association is a job. Somehow it was better not to work. I becoming better known also at the

STORIES FROM THE LOCKDOWN Before the state of the sanitary emergency, domestic and care workers were already in a situation of great inequality of rights in comparison to other labour sectors. This became worse in the state of emergency. The sector was considered an “essential” job and was not paralysed at any moment. However, domestic and care workers were never provided with the necessary preventive measures to avoid infections. In addition, there was an increase in layoffs and shorter working hours, as many employers decided to stop employing them because they were afraid of possible infections. At first the State did not adopt economic measures to cover the state of vulnerability and extreme poverty that affected almost 600.000 people who work in this sector, while it was done for other labour sectors. However, already at the beginning of the sanitary emergency and in a moment of great confusion in Spain, the movement of domestic and care workers has managed to organise and position their demands. 54 This is especially relevant as it is a grassroots movement led by migrant women. In addition to resolving the emergency situations in their own and their colleagues’ and families’ daily lives, they have been able to make their voices heard and to achieve concrete changes that represent a further step towards the equality of domestic and care workers labour rights with other workers in Spain.

Fiona Montagud, Calala Women’s Fund

ACTIVIZENSHIP #5 IN SPAIN THE PANDEMIC EXPOSED THE FRAGILITY OF ITS CARE SYSTEM An opportunity to set a new course

Interview with Carol Elias, Sedoac Servicio Doméstico Activo 55

Can you tell us about the Its members are women of different the people who represent us and who Association for Active nationalities, especially from Latin have the power to make decisions in the Domestic Service (SEDOAC)? America, between 25 and 60 years old, State and in the different Public Institu- When was it founded, who are who work or have worked in the domestic tions, in order to achieve the legislative its member and goals? and care sector. and structural changes that guarantee At the beginning of 2005, some NGOs Our main objectives are: equal rights to our sector as the rest of the began to organise informative meetings EMPOWERMENT: The empower- workers in Spain, Europe and the world. about the regularisation of migrants. This ment of our members through infor- What pushes you to get organised in led many migrant women to meet each mation and training about their rights, Spain and what is it like to be an activist other and to realise that most of them working on their self-esteem and being from Latin America in the country? worked in the domestic sector, where they a well-rounded person. In El Salvador, I worked as a lawyer in suffered many abuses, exploitation and SENSITISATION: To make the wider a women’s association that fought for the above all, lack of recognition of rights in society aware of the value of this work, rights of women textile workers. There, comparison to the rest of the workers in which guarantees the sustainability of I supported them in their struggle for Spain. For this reason, they saw the need life itself. to organise and found an association in NETWORKING: The construction which they would fight together for that of strategic alliances with other similar THIS WORK GUARANTEES equality of rights that is so necessary to Associations or Organisations, in order live a dignified life. This is how SEDOAC to join forces to achieve our objectives. THE SUSTAINABILITY was born. POLITICAL IMPACT: We are OF LIFE ITSELF convinced that it is necessary to reach

STORIES FROM THE LOCKDOWN find support. I found this support when What strategies did SEDOAC I joined the Latin American and Carib- put in place to leverage bean Women’s Network, an entity to support for domestic workers? which SEDOAC belonged since 2010. SEDOAC had a lot of presence in the This is how I became part of SEDOAC in different national and international media 2012. In 2014 I became its president. In (radio, TV, written and digital press). We SEDOAC I not only found support, but also carried out campaigns in the different also friends and a reason not to give up social networks where we denounced the and to fight tirelessly until all domestic various situations of vulnerability to which workers obtain the rights that we deserve domestic workers were exposed. We held to do such an important job as caring workshops and online meetings with our for life. members to talk about their situation and to inform them about their rights amid Carol Elias How has the pandemic the pandemic. Above all, these meetings impacted your community? allowed them not to feel so lonely and to The Pandemic has highlighted Spain’s support each other. rights. There I saw the importance of healthcare crisis and how fragile its We coordinated with the associa- organising and fighting to live a life that care system is. The pandemic further tions of Domestic Workers all over Spain is ‘worth living’. In 2009 I arrived in Spain, aggravated the working conditions of to make a strong advocacy effort so that and despite having a degree in law and domestic workers. Many of those who our sector would be included among the an Official Master’s Degree in Gender worked part-time or full-time suffered measures that would help to alleviate Equality from the Complutense Univer- reductions in their working hours. Others the consequences of the tremendous sity of Madrid, the only work I found were dismissed without receiving fair economic crisis caused by the State of was in the domestic sector. For 5 years I compensation and without the possibility Alert. myself experienced labour exploitation, of finding another job that would allow 56 class discrimination and racism for being them to obtain the income necessary to What impact have these a migrant and a domestic worker. This support their families in their countries of actions had? motivated me to organise myself and origin and to survive in Spain. Those who We managed to attract the interest of look for an association where I could kept working suffered further exploita- different media about the situation of tion, they were not provided with the domestic workers so that they were necessary means to protect themselves talking about it on a weekly basis, raising against COVID-19 and to protect the awareness about the value of our work IN SEDOAC I NOT ONLY people they were caring for. Those who among the public. FOUND SUPPORT, BUT worked as live-in domestic workers saw The pressure on the Government their workload increase as they had the was effective, as it enabled the imple- ALSO FRIENDS whole family at home, and even had to mentation of an extraordinary subsidy AND A REASON NOT perform tasks for which they were not for domestic workers. More than 30,000 hired. The worst thing was that many workers have requested it and we hope TO GIVE UP AND TO of them were forced by their employers that they will soon start receiving it. FIGHT TIRELESSLY not to go out to rest on weekends in their We managed to make our members respective homes and to remain confined feel supported and informed, thus UNTIL ALL DOMESTIC in the workplace. As a result, they could contributing to the process of empow- WORKERS OBTAIN THE not go to take care of their own children, ering each one of them. as they were threatened of dismissal RIGHTS if they left their workplace. They were Is there a desire to get THAT WE DESERVE TO DO forced to accept not seeing their families organised also transnationally for more than 90 days. in Europe? SUCH AN IMPORTANT Being able to organise ourselves with JOB AS CARING FOR LIFE other domestic workers across Europe is a much-needed strategy, in order to achieve

ACTIVIZENSHIP #5 get the contacts of those other associa- WE MANAGED TO tions of domestic workers outside Spain. THE PANDEMIC HAS ATTRACT THE INTEREST HIGHLIGHTED SPAIN’S Do you think that the OF DIFFERENT MEDIA European Union can be an ally HEALTHCARE CRISIS ABOUT THE SITUATION in your struggle? In what way? AND HOW FRAGILE The European Union can be a great ally OF DOMESTIC WORKERS in our fight, since it can adopt public and ITS CARE SYSTEM IS SO THAT THEY WERE legal policies that oblige the Member States to modify the regulatory frame- TALKING ABOUT IT ON A work that marginalises us and discrim- governments to set a new course that will WEEKLY BASIS, RAISING inates against the rights that the rest of prevent the continuation of the modern the workers already enjoy. It can also slavery in which hundreds of thousands AWARENESS ABOUT THE make information available to us, but of domestic workers live. also training and human and economic VALUE OF OUR WORK The interview was carried out in written form resources to facilitate our fight for rights. in Spanish on 24 July 2020. Thanks to Fiona AMONG THE PUBLIC Montagud from Calala Women’s Fund for the support with the translation. What lessons can be learned from this initiative that can the structural changes that will lead to potentially inform a post- the dignified working conditions for our COVID-19 institutional and sector. Unfortunately, what we experi- societal response? ence in Spain is also experienced by many The struggle that we, civil society groups migrant domestic workers throughout carry out is fundamental to achieve a more Europe. What prevents us from taking the just society, but this struggle needs coali- 57 step to coordinate transnationally is the tions and strategic partners that can lack of essential resources and means to provide the necessary tools so that it does carry out this work. We need to hire qual- not last forever. The current post- ified personnel to support us and facili- COVID19 context is an opportunity to tate the communication effort (transla- strengthen the struggle that we have tion into and from Spanish), as well as to already been carrying out and for

STORIES FROM THE LOCKDOWN

LGBTI The space for LGBTI activism is under pressure he COVID-19 crisis has put an extraordinary burden on LGBTI organisations. Like in other T fields, many members of LGBTI communities were unable to have their basic needs met, thus civic organisations acting for LGBTI rights faced an increased request for service provision in face of decreased internal resources. Attempts to fill humanitarian gaps left by the States’ response to the emergency have taken away their capacity to do the usual work, including advocacy, policy work and standard-setting through strategic litigation. Additionally, organisations faced new obstacle accessing advocacy spaces which are vital to inform governments’ policies. In the long run, the loss of funds, together with the likelihood of this funding not being replaced, is likely to cause significant sustainability issues for many organisations. All of this is happening in a context of stagnating progress on or even deterioration of LGBTI rights overall. Nevertheless, successful civil society initiatives popped-up across Europe to keep the LGBTI connected and the spirit of the Pride alive despite the restrictions. DENMARK Activists used virtual reality to march virtually in the Copenhagen Pride From concerts to programme of lectures, exhibitions and an LGBTQIA+ hall of fame, this year LGTBI members could explore the Copenhaguen Pride through the virtual reality. From their homes, but as if they were in the streets. POLAND UNITED KINGDOM LGTBI activists set up a Bristol Pride went online to “Rainbow disco” in front show LGBTI community that of the presidential palace they are not alone to protest against President One of the largest Pride’s of the words UK decided to take place online In reaction to President Andrzej in September, in order to support Duda’s words stating that the all those that are living through LGBTI rights are “a foreign a lockdown with unsupportive ideology that we will not allow to families or housemates. The LGTBI be introduced into our country”, community of Bristol could enjoy a brave group of activists danced the activities, performances and in sign of protest in front of the even the “Pride parade” from their presidential palace. own homes.

SPAIN Trans young people mobilised during the pandemic for self‑determination in Spanish law After a successful online campaign, Confluencia Trans decided to take SLOVENIA to the streets of Spain on Youth Day to call on the government LGBTI community brought the BULGARIA to protect the right to gender pride on bicycles, the symbol self-determination in “children, of anti-government protests The lockdown brought adolescents and youth”. The As different Slovenian cities Bulgaria’s LGBTI community demonstration obtained wide protest against the right- virtually closer visibility in the Spanish media. government Prime Minister Janez With the declaration of the state Janša of their bicycled during the of emergency, the oldest Bulgaria’s pandemic, the LGBTI community LGBTI organisation, Bilitis, cycled through the streets of decided to take their work to the Ljubljana to celebrate Pride and to digital level. It launched an online demand rights and protection over psychological support programme this pandemic. focused on the crisis and dealing with the lockdown. As a result, it managed to keep the community connected, reach even more people than usual, also from the countryside. LJUBLJANA PRIDE

By Akram Kubanychbekov and Manon Yzermans, ILGA Europe 62

he COVID-19 pandemic has been on LGBTI communities and organisa- THE IMPACT OF THE a challenging period for everyone tions. Based on responses to the survey, COVID-19 HEALTH CRISIS and a test for the governments’ together with direct communications ON THE LGBTI COMMUNITY protection of fundamental rights, with activists, reports from our members AND THEIR RIGHTS civic space, and vulnerable and input from webinars organised by As a consequence of the crisis, most States Tcommunities. For the LGBTI commu- international organisations and NGOs derogated, whether de jure3 or de facto4, nity, social distancing measures often during the crisis, ILGA-Europe published from their obligations under interna- meant not having access to peers and a briefing document on impacts of the tional and regional human rights law. LGBTI-specific support and health- COVID-19 crisis on LGBTI people, Even in times of crisis, some rights are care. Furthermore, the COVID-19 crisis including a compendium of recom- non-derogable; however, in practice, they unfolded amid growing backlash affecting mendations to policymakers as well as are most frequently violated in times LGBTI communities.1 ILGA-Europe has descriptions of specific barriers faced of emergency, hindering a prompt and been documenting the impact that this by the community.2 full return to a normal situation. The global health crisis has on LGBTI commu- crisis had a strong impact on the LGBTI nities and organisations. Such documen- community and their fundamental rights, tation is essential to inform policymakers putting additional pressure or limita- on how to ensure that responses to this tions on civic space for LGBTI people crisis are inclusive of the specific needs of and organisations. the LGBTI community. We conducted a survey on the impact of COVID-19 crisis 3 Officially notifying the international community that they will adopt measures impacting the human rights of their citizens. 2 Find the full report: https://www.ilga-europe.org/ 4 States which do not notify that they are adopting 1 Find out more: https://issuu.com/ilgaeurope/docs/ sites/default/files/COVID19%20_Impact%20LGBTI%20 measures derogating from their obligations, although annual_review_2020 people.pdf. they are practically doing so.

ACTIVIZENSHIP #5 Health and access to health Advocacy Network (SWAN) reported Already before the crisis, LGBTI people problems accessing ongoing hormone had significantly lower health outcomes AS A CONSEQUENCE therapy and HIV prevention and treat- due to stigma and discrimination, biases OF THE CRISIS, MOST ment, as well as to COVID-19 testing held by healthcare providers, and lower STATES DEROGATED, and personal protective equipment and socio-economic status, often linked with supplies for those who were required to lower access to comprehensive health WHETHER DE JURE continue working.10 insurance and were, therefore, more OR DE FACTO, FROM vulnerable.5 In response to the survey, Access to housing, food, and ILGA-Europe received or observed THEIR OBLIGATIONS subsistence through public relief reports of impacts on access to health UNDER INTERNATIONAL programmes from 30 countries across Europe and Problems in accessing basic needs, Central Asia. They show how pre-ex- AND REGIONAL public assistance, support, and service isting limitations in LGBTI affirming HUMAN RIGHTS LAW programmes were reported from 21 coun- healthcare6 were exacerbated as health- tries. This figure points to the greater than care systems redirected their resources. average rate of LGBTI people who are Transition-related medical care, were postponed and about 1 in 10 PrEP unemployed and in precarious jobs, and which is life-saving care for trans people, users were worried about running out living on very limited and unstable finan- was largely deemed non-urgent and of medication.8, 9 Within the commu- cial resources. An estimated 25-40% of postponed or cancelled in the light of nity, sex workers in the region expe- young people experiencing homelessness COVID-19. In 26 countries, organisations rienced unique hardships in access to identify as LGBTI. In order to respond reported limitations on transition-related health. The International Committee to the extreme vulnerability of people healthcare, including access to continuity on the Rights of Sex Workers in Europe in precarious jobs and housing situa- of care for ongoing treatments. Many (ICRSE) and the Sex Workers’ Rights tions, including questions of access to intersex people, both those who identify social protection and access to health- 8 For additional information specifically about HIV 63 as cis and as trans, need access to contin- and the COVID-19 pandemic, see reports from EATG: care services, many LGBTI organisations uing care for hormones and other treat- EATG (2020). EATG Rapid Assessment COVID-19 crisis’ Impact on PLHIV and on Communities Most Affected 10 ILGA-Europe COVID-19 assessment report, p.4. ments related to their sex characteristics by HIV, Issue 1, available from: https://drive.google.com/ See also ICRSE & SWAN (2020). COVID-19 crisis variations. For trans people, this has the file/d/1Fhv4dMkfGg3Bb4NWhvDxGVQiZAedJtP4/view. impact on access to health services for sex workers additional impact of delaying access to 9 EATG (2020). EATG Rapid Assessment COVID-19 crisis’ in Europe and Central Asia, available from: http:// Impact on PLHIV and on Communities Most Affected www.sexworkeurope.org/sites/default/files/user- legal gender recognition procedures in by HIV, Issue 2, available from: https://drive.google.com/ files/files/Covid19_SWAN%26ICRSE_Final_Inter countries in Europe where transition- file/d/1x_cSX8vpBsAzhYBNCygu4sJ_2Uh9-ddG/view active%20%281%29.pdf related medical care is required. Issues accessing sexual health and ILGA-Europe (https://www.ilga-europe. ilga-europe.org/covid19). These resources HIV services were reported in 12 coun- org/) is an independent, international include briefing documents on identifying non-governmental umbrella organisation States’ breach of their obligations and tries, with reports of cancellation of HIV bringing together over 600 organisations from documenting them, working safely online and testing programmes as well as check-up 54 countries in Europe and Central Asia. The managing financial resources, communicating appointments for people living with HIV, main pillars of work include advocating for clearly to reach out to communities, as suspension of new prescriptions of PrEP, human rights and equality for LGBTI people well as organising LGBTI prides online and and PrEP trial cancellations. Research in at the European level and strengthening the making online fundraising events. In addition, 7 LGBTI movement in Europe and Central Asia. ILGA-Europe launched a fund to support the Belgium found that many appointments To do so, ILGA-Europe connects organisations LGBTI movement’s capacity to effectively for PrEP and for people living with HIV and provides training, support and small address socio-economic inequalities within grants to its member organisations and other LGBTI communities at this critical moment 5 https://ec.europa.eu/health/sites/health/files/ LGBTI groups. During the crisis, ILGA-Europe (https://www.ilga-europe.org/covid19/funding- social_determinants/docs/stateofart_report_en.pdf supported the movement by monitoring its opportunities). The objective of this fund is 6 LGBTI-affirming healthcare is healthcare that holis- consequences on the community, raising to enable LGBTI groups and organisations tically attends to LGBTI people’s physical, mental, awareness around such impacts, and in Europe and Central Asia to gain skills and and social health needs and well-being while respect- fully affirming their sexual orientation, gender iden- advocating for LGBTI inclusive responses. knowledge, build alliances and relationships, tity and gender expression and sex characteristics. Through the “Protect, Adapt and Rally” plan and test new types of activities, to develop 7 University of Antwerp Institute of Tropical Medicine, ILGA-Europe also developed resources to longer-term responses to underlying causes of çavaria, & Sensoa (2020). Preliminary results of help members during the crisis (https://www. social and economic inequalities. PROMISE project study.

STORIES FROM THE LOCKDOWN LGBTI in these countries reported having shifted Decreased ability of LGBTI their previous plans and budgets to cover organisations to do advocacy and humanitarian aid gaps within States’ WHILE MANY MEMBERS engage with policymakers response to the crisis, which indicates OF LGBTI COMMUNITIES Reports of decreased access to policy- that LGBTI people in many countries are makers and advocacy opportunities were left behind public relief programmes. To WERE UNABLE TO HAVE reported in 19 countries. This is particu- finance the provision of basic support THEIR BASIC NEEDS larly concerning given the gaps in service services to LGBTI people, NGOs redi- MET, ORGANISATIONS provision and the human rights violations rected existing funding where possible documented by community members. or conducted targeted fundraising PROMOTING THEIR LGBTI people and organisations were campaigns. Funds and resources for these HUMAN RIGHTS WERE caught in a closed-loop: while many measures were unable to meet the needs members of LGBTI communities were of the communities, according to most ALSO BLOCKED FROM unable to have their basic needs met, reports. Such attempts to fill humani- ADVOCACY SPACES organisations promoting their human tarian gaps have also taken away effort and rights were also blocked from advocacy capacity to do the usual work, including advocacy, policy work and standard-set- to parental leave within same-sex-headed ting through strategic litigation. households. In Ireland, NGOs reported delays in the processing of guardianship Access to justice, registration, and and parentage declarations for rainbow other legal processes families. The crisis impacted legal, judicial, and ILGA-Europe received reports about administrative processes that secure problems with accessing legal gender the rights of LGBTI people and rainbow recognition from 8 countries. In many families. They include problems with cases, not accessing legal gender recog- 64 family and relationship registration, legal nition has led to further problems, such gender recognition processes and asylum. as impacting individuals’ ability to access THE AUTHORS LGBTI people in Poland reported goods and services and even to travel Akram Kubanychbekov is that residency permits for same-sex safely outside of the home in contexts a Senior Advocacy Officer at partners were significantly slower than of increased policing. ILGA-Europe. Akram works on the usual process. In Italy, an NGO developing and implementing reported the sensation that the federal THE IMPACT OF COVID-19 advocacy strategies and policy government had “forgotten” about ON LGBTI ORGANISATIONS initiatives aimed at bringing LGBTI people, with all State measures As described above, this crisis has put an legal, political and social change focusing on a heteronormative family extraordinary burden on LGBTI organ- for LGBTI people across Europe and Central Asia, with a focus model. Rainbow Families are unable to isations. They had to find new ways to on hate crime and speech, register in Italy, so there was no access remain in touch with the community, asylum and migration, domestic began documenting and reporting on the violence, Eastern Partnership impact of the crisis and, on top of that, countries and Central Asia. THE LOSS OF FUNDS! in many places played a role in providing Akram holds a Master of Laws support to those community members degree in International Human TOGETHER WITH most in need. All of this happened in a Rights Law from University THE LIKELIHOOD OF context of restricted access to policy- of Essex, UK. Prior to joining making and against a backdrop of stag- ILGA-Europe, Akram worked INCOME NOT BEING nating progress on LGBTI rights overall. in the Regional Office of the REPLACED, IS LIKELY High Commissioner for Human Rights for Central Asia as a Rule TO CAUSE SIGNIFICANT of Law Consultant. Since 2008, Akram is involved in LGBTI SUSTAINABILITY ISSUES activism.

ACTIVIZENSHIP #5 spaces which are vital to ensuring that Parliament and the Justice Committee that the majority of groups are entirely those basic needs are met or that govern- of the Parliament to drop Article 33 of or mostly dependent on project funding ment representatives heard voices of a legislative omnibus bill, which would or small, incidental community crowd- LGBTI people. In addition, many LGBTI deny access to legal gender recognition funding initiatives, local foundations and organisations shifted their focus from in the country.11 Recently, ILGA-Europe, local governments. A significant portion advocacy and policy work to direct service together with Campaign Against Homo- of the income of LGBTI organisations provision and humanitarian aid for the phobia (Kampania Przeciw Homofobii) derives from project funding. At this community to address gaps discussed in and activists on the ground, raised aware- point, most funders - private foundations the previous sections; this shift further ness about the hostile climate against the as well as governments and institutions impacted the ability of those organisa- LGBTI community in Poland, triggered tions to engage with policymakers. by the adoption of “LGBTI free zones Public actions, demonstrations, declarations” and “Family Charters”, protests, and Pride events were also and illustrated by the recent arrest of impossible to hold in some countries. LGBTI activists who were ill-treated in Organisations reported not having detention.12 In June, a new law has been the resources to move their advocacy approved in Romania banning gender work online or struggling to adapt to identity studies in schools and universi- online work, or being forced to close or ties13. Together with the immense work needed to tackle the challenges deriving from COVID-19, this leaves very little THE AUTHORS space for LGBTI activists. MANY LGBTI Manon Yzermans contributes to ILGA-Europe’s litigation Financial impact of COVID-19 on ORGANISATIONS SHIFTED activities. Her tasks include LGBTI organisation conducting international and THEIR FOCUS FROM LGBTI organisations in Europe report comparative law research, 65 ADVOCACY AND POLICY having very limited reserves, meaning drafting case submissions and WORK TO DIRECT that their bandwidth to absorb losses third-party interventions to and deal with unexpected cuts is minimal. the European Court of Human SERVICE PROVISION AND The loss of funds, together with the like- Rights and United Nations HUMANITARIAN AID lihood of income not being replaced, is Treaty bodies and monitoring likely to cause significant sustainability relevant legal developments issues for many organisations. The way in at national, European and which LGBTI organisations are funded or International levels. Manon terminate segments of their work. In financed is very diverse across the region, holds a Master of Law Degree the circumstances with already chal- and organisations with a stable and diverse in Human Rights Law from the University Nanterre (Paris 10). lenging advocacy contexts, the pandemic funding structure, based on committed She has written a thesis on “The worsened these problems. core funders constitute a minority. We practice of corrective surgery Nevertheless, despite this additional know from the report “Funding for LGBTI and other sex-assignation 14 pressure put on organisations, the work activism in Europe and Central Asia” treatments on French intersex to address the backlash against LGBTI children: a breach of the rights has not decreased. Policymakers 11 Find out more: https://www.ilga-europe.org/resources/ State’s obligations under the found time to work on anti-LGBTI news/latest-news/drop33-europes-two-largest-net- European Convention on specific initiatives whilst organisations works-lgbti-and-transgender-organisations 12 Find out more : https://www.ilga-europe.org/ Human Rights”. Priori to joining were also filling the governments’ gaps resources/news/latest-news/poland-internation- ILGA-Europe she was a law al-institutions-must-protect-lgbti-citizens-and-en- clerk to the Azerbaijan Judge of in the provision of services. In April, sure; https://ilga-europe.org/sites/default/files/Poland- ILGA-Europe and Transgender Europe, Anti-LGBT-Timeline.pdf the European Court of Human the two largest networks of LGBTI 13 http://civicspacewatch.eu/romania-law-prohibit- Rights and interned within ing-the-notion-of-gender-and-gender-identity-the- the Legal Advisory Section of and trans organisations in Europe and ory-in-romania/ Office of the Prosecutor, at the Central Asia, launched the #Drop33 14 https://ilga-europe.org/resources/ilga-europe-reports-and-other-materials/funding-lgbti-activism-eu- International Criminal Court. Campaign, calling on the Hungarian rope-and-central-asia-comparing

STORIES FROM THE LOCKDOWN LGBTI limit the ability of organisations to clinic. In Portugal, some health services focus on the already ongoing roll-back contacted LGBTI NGOs for guidance on CONCERNS ON of rights15. working with LGBTI people or asked DECREASING RESOURCES to share their contacts. The National GOOD PRACTICES Health Line added psychologists to WILL LIMIT THE ABILITY LGBTI organisations during the pandemic their providers, in addition to nurses OF ORGANISATIONS worked to fill in the gaps left by the States: and other doctors previously involved, organising support programmes, fund- and asked LGBTI organisations to be TO FOCUS ON THE raising for private relief programmes, on the referrals list for the service. ALREADY ONGOING increasing access to housing through In the United Kingdom and Italy, the networks and building solidarity and pandemic also served to bring atten- ROLL-BACK OF RIGHTS support to each other and the commu- tion to the issue of homelessness among nity. Moving forward in the response to LGBTI people, including LGBTI youth; COVID-19, as well in thinking of future municipal housing was made available - have yet to make announcements on preparedness for crises, ILGA-Europe also to LGBTI people during the pandemic policy and funding changes that come collected good practice examples. in Italy. Additionally, the government as the consequence of this crisis. LGBTI Organisations in many countries prepared targeted online resources for organisations expect funding cuts mate- managed to maintain a high, yet adapted, rialise later this year and next year when level of activity, through active adoption funders are taking decisions in their new by civil society of online services, support ACTIVISTS CARRY OUT budget cycles. programmes, and event planning. In Activists carry out work and incur particularly difficult contexts, online WORK AND INCUR costs which are not covered from their events can be even more secure than COSTS WHICH ARE NOT existing sources of funding, especially in-person ones and ensure all LGBTI emergency support, re-programming, people in rural and remote areas can COVERED FROM THEIR 66 staff costs and overhead costs. Some participate. A trans organisation in Spain EXISTING SOURCES OF report feeling the necessity to let go ran an online empowerment campaign of staff or long-term consultants and for trans youth. An NGO in Bulgaria FUNDING, ESPECIALLY contractors. The loss of community started an online psychological support EMERGENCY SUPPORT, centres and offices is also a possibility programme focused on the crisis and if rent waivers don’t apply in a given dealing with lockdown facilitated by RE-PROGRAMMING, country. The long-term impact is likely a friendly mental health provider and STAFF COSTS AND to be that many groups with significantly moved existing support groups online, decreased capacity, temporary or perma- which also allowed LGBTI people living OVERHEAD COSTS nent closing of groups and initiatives, outside the capital city to participate. and considerable delays in returning to In Sweden, an organisation in one city regular operations and activities. Even organised safe outdoor activities for older LGBTI people during the COVID-19 crisis with some organisations reporting that LGBTI people on a weekly basis. in Spain. Some domestic violence safe they can mobilise funds for a commu- In some cases, good practices also houses in Italy were opened to LGBTI nity crisis response, these would barely came from service providers and govern- people as well. In Sweden and France, cover basic needs of some individuals, ments directly. In Spain, doctors working NGOs reported that their governments and in no way contribute to the survival with people living with HIV proactively allocated special funds to support organ- or re-establishment of an organisation. reached out to their patients online to isations providing support services to The potential further decrease of continue health services. In Malta, the LGBTI victims of domestic violence, to resources will put vulnerable communi- government made HIV self-testing kits meet increased or changing needs for ties at greater risk as organisations will available due to closure of the local support amid COVID-19 measures. not be able to address emerging needs that concern these communities, and 15 See ILGA-Europe’s Rainbow Map 2020: https:// CONCLUSION thus inequalities will deepen. In addition, ilga-europe.org/resources/news/latest-news/rain- As this analysis documents, LGBTI people bow-map-2020-points-make-or-break-moment-lgb- concerns on decreasing resources will ti-rights-europe are particularly vulnerable to a variety

ACTIVIZENSHIP #5 of impacts of the COVID-19 crisis and when returning to a state of normalcy, responses to it. What follows are recom- including by taking specific protective mendations for States and funders to measures concerning vulnerable popu- GOVERNMENTS address these impacts, alleviate inequal- lations. They must ensure emergency AND FUNDERS ities, and ensure full and equal access support and compensation, and socio- SHOULD CONSULT to fundamental human rights and civic economic support measures leave no space for LGBTI people and communi- one behind, but take the particular ORGANISATIONS ON ties, during and moving out of the crisis. vulnerability of the most marginalised THE CHANGING NATURE First and foremost, States must in society into account, including the respect core human rights principles LGBTI community. OF THEIR WORK applying in times of emergency, whether Lastly, governments and funders they derogated de jure or not, and guar- should consult organisations on the antee full protection for non-derogable changing nature of their work and provide rights in a non-discriminatory manner support when possible. In places where to all. Regarding the right to health, they the State does not protect LGBTI people, must ensure equal and non-discrimina- this outreach should happen through tory access to testing, treatment, and the international community. Economic care. Ongoing hormone treatments for recovery packages should take into consideration the needs of marginalised communities, including LGBTI people, PRESSURE ON LGBTI who might for various reasons experience precarity and have difficulties ORGANISATIONS NOT accessing the labour market. At times ONLY IS MOUNTING when pressure on LGBTI organisations not only is mounting as a result of 67 AS A RESULT OF populism but is also exacerbated by POPULISM BUT IS growing inequalities, funding support to LGBTI rights organisations must ALSO EXACERBATED BY continue, or it will severely affect the GROWING INEQUALITIES way LGBTI activists are able to organise against populism and in response to COVID-19. trans people and other vital care like access to HIV-related medications must remain consistent and uninterrupted also in times of emergency. The principle of legality and the rule of law must be guaranteed at all times, and effective domestic remedies must allow alleged LGBTI victims of discriminatory measures vindi- cate their rights before independent and THE POTENTIAL impartial domestic courts. 16 FURTHER DECREASE Secondly, States must proactively ensure full respect of human rights of all OF RESOURCES WILL PUT VULNERABLE 16 ILGA-Europe (2020). Obligations of states in the field of human rights in the context of COVID-19. Available COMMUNITIES AT from: http://www.ilga-europe.org/sites/default/files/ COVID19%20-%20STATES%20OBLIGATIONS%20IN%20 THE%20FIELD%20OF%20LGBTI%20HUMAN%20 GREATER RISK RIGHTS.pdf

STORIES FROM THE LOCKDOWN LGBTI

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 organisations 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

ACTIVIZENSHIP #5 85

STORIES FROM THE LOCKDOWN CZECHIA

GERMANY Civic space in Germany in rated “Open” on the CIVICUS Monitor. he legal, fiscal, and administrative frameworks for civil society in Germany are reasonably T good. The civil society contains an important “corporatist” sub-sector that works closely with and is predominantly funded by the State and plays an essential role in the welfare system, as well as a sub-sector which engages in advocacy, watchdog, and deliberative democracy functions. In recent years, a trend emerged towards limiting the space of civil society dealing with “political” issues. Public benefit associations that regularly express themselves politically are at risk of losing

88 their non-profit status, thus, their tax incentives. A surge in far-right movements has also created worries amidst democratic civil society. While the COVID-19 measures were largely met with citizens’ approval, they reduced the opportunities for civil society to participate to the policy- making, creating a feeling of neglect.

ACTIVIZENSHIP #5 THE SECTOR IN NUMBERS Population of the country (2020) 83,1 Million SOURCE: STATISTISCHES BUNDESAMT (DESTATIS), 2020 Associations Number of CSOs registered in the country (2016) 91,52% 658,451 (+0,76% compared to 2015) Foundations SOURCE: P. 10, HOLGER KRIMMER (HRSG.): DATENREPORT ZIVILGESELLSCHAFT, VS VERLAG FÜR Number and 3,31% SOZIALWISSENSCHAFTEN 2019 percentage of entities Charitable limited by legal form liability companies Number of people employed by the sector (2016) 3,84% 3,7 Million (9,9% of the total german workforce) Cooperatives SOURCE: HOLGER KRIMMER (HRSG.): DATENREPORT ZIVILGESELLSCHAFT, VS VERLAG FÜR 1,33% SOZIALWISSENSCHAFTEN, P. 94, (2019) Number of volunteers (2017) SOURCE: HOLGER KRIMMER (HRSG.): DATENREPORT ZIVILGESELLSCHAFT, 32% of Germany are engaged in voluntary work VS VERLAG FÜR SOZIALWISSENSCHAFTEN, P. 94, (2019) SOURCES: SIMONSON, JULIA, VOGEL, CLAUDIA, TESCH-RÖMER, CLEMENS (HRSG.) 2017: FREIWILLIGES ENGAGEMENT IN DEUTSCHLAND: DER DEUTSCHE FREIWILLIGENSURVEY 2014 SOZIOOKONÖMISCHE PANEL : HTTPS://WWW.DIW.DE/EN/DIW_01.C.618351.EN/1984_2017_V34.HTML

DISTRIBUTION OF ASSOCIATIONS BY FIELD OF ACTIVITY (2015) Leisure 7,9 Social services 7,1 Other Culture/Media 4,3 16,1 Churches/religious associations Education 4 18,3 Healthcare Sports 3,5 22,6 Environmental protection/nature conservation 3,1 Civil protection/disaster relief 3,1 International solidarity 2,9 Citizen/consumer interests 2,7 Science/Research SOURCE: HOLGER KRIMMER (HRSG.) DATENREPORT 2,3 ZIVILGESELLSCHAFT, VS VERLAG FÜR SOZIALWISSENSCHAFTEN (2019), P. 17 Economic/professional associations 1,6 Community supply tasks 0,7 THE ECONOMIC WEIGHT OF THE SECTOR

The sector accounts for around Other Membership 4.1% of the gross value added in the economy, 2,2% fees Assets 38,6% approximately 90 billion Euro 3,3% Acquired

SOURCE: BERTELSMANN STIFTUNG, CIVIL SOCIETY IN NUMBERS: “WE MEASURE CIVIL SOCIETY”, Sponsoring Funds 20,1% HTTPS://WWW.BERTELSMANN-STIFTUNG.DE/EN/ABOUT-US/WHAT-WEVE-ACHIEVED/ 4,1% Main types ZIVIZ-PLACING-CIVIL-SOCIETY-ON-THE-ECONOMIC-MAP Public of sources of funding funding of the sector Level of trust towards the sector (2020) 11% 43 %, (-1 % compared to 2019) Donations SOURCE: EDELMAN TRUST BAROMETER 2020, VERTRAUEN BLEIBT IN SCHIEFLAGE 18,8%

SOURCE: SOURCE: HOLGER KRIMMER (HRSG.): DATENREPORT ZIVILGESELLSCHAFT, VS VERLAG FÜR SOZIALWISSENSCHAFTEN, P. 115, (2019) CONDITIONS FOR CIVIL SOCIETY ARE GOOD But civic actors were neglected during the emergency

By Siri Hummel und Rupert Graf Strachwitz, Maecenata Institute for Philanthropy and Civil Society 90 hile, overall, the legal, fiscal, system, including by providing crucial movements, and from a permanent or and administrative frame- health care services and disaster care. long-term commitment to short-term works for civil society in However, as part of the Government’s activity and spontaneous unorganised Germany are reasonably neglect of precautionary measures against engagement. Civic engagement in times good, civil society was the repeated appeals from civil society of needs (disaster care, refugee crisis…) Wstrained by the COVID-19 pandemic and academia, funding for disaster care has proved to be strong, while a commit- and the following rights restrictions in units has been significantly scaled down ment to leadership roles is diminishing.1 its advocacy and watchdog functions, as since the 1990s.

well as in its role as service provider and There is also an “independent” sub- 1 Strachwitz, R., Priller, E., & Triebe, B. (2020). Handbuch promoter of the social cohesion. But it sector which is funded predominantly Zivilgesellschaft. Berlin, Boston: De Gruyter Oldenbourg. also became evident that an active civil through voluntary donations, fees for society is of outstanding importance in services, and foundation grants and all functions for overcoming the crisis. engages in advocacy, watchdog, and delib- CITIZENS’ INVOLVEMENT erative democracy functions. Addition- AND ENGAGEMENT THE CONTEXT ally, CSOs are active as intermediaries, The German civil society contains an in community building, and as catalysts HAVE SHIFTED FROM important “corporatist” sub-sector that of personal growth. LARGE, ESTABLISHED works closely with and is predominantly Civil society has been growing and funded by the State (including contracts changing over the past 30 years, recently AND TRADITIONAL with the National Social Security System), becoming more digital, more diverse, ORGANISATIONS providing services, and performing self- more informal and less hierarchical. help functions. Traditionally, civil society Citizens’ involvement and engagement TO SMALL, NEW organisations (CSOs) have played an have shifted from large, established and MOVEMENTS essential role in the German welfare traditional organisations to small, new

ACTIVIZENSHIP #5 The legal, fiscal, and administrative an epidemic situation of national scope. frameworks for civil society in Germany Stretching constitutional powers to the are reasonably good. There is an ongoing utmost, federal Chancellor Angela Merkel GERMAN NON-PROFIT debate about the political role that CSOs took on the leadership and coordinating LAW DETERMINES could or should have in society. German role. non-profit law determines non-profits as No overall state of emergency was NON-PROFITS AS rather unpolitical and civil society organ- inflicted, despite a nearly complete social RATHER UNPOLITICAL isations that regularly express themselves lockdown. “Emergency laws” did not AND CIVIL SOCIETY politically are at risk of losing their non- come into effect, these being applicable profit status, as it happened in the case only in the case of an external attack or ORGANISATIONS of ATTAC or Campact.2 internal emergencies, such as civil unrest THAT REGULARLY and a natural disaster.3 All measures to COVID-19: THE STATE contain the epidemic were taken on the EXPRESS THEMSELVES RESPONSE basis of general administrative powers POLITICALLY ARE AT On 27 January 2020, the first COVID-19 accorded to the States, and the federal infected person in Germany was identi- Infection Protection Act (IfSG).4 The RISK OF LOSING THEIR fied. Shutdown measures were introduced IfSG regulates which diseases/pandemic NON-PROFIT STATUS by the federal and state governments and are notifiable and, thus, belong to the applied by government agencies, CSOs diseases that the State can take special and businesses alike in early March. On measures to combat. In the event of infec- their homes without good reason and 25 March, the federal parliament declared tions, the authorities are authorised to allowed fewer exceptions than had been take all necessary protective measures agreed between the federal and States’ 2 https://www.zivilgesellschaft-ist-gemeinnuetzig. to the extent and for as long as neces- governments.7 Contact restrictions de/attac/ sary to prevent the spread of commu- extended to protest and demonstra- nicable diseases. tions as well as to meetings in places of The Maecenata Foundation is an 91 independent think tank in the field of civil In accordance with the constitu- worship, bordering on infringements on society, civic engagement, philanthropy tion, health-related regulations were the right of assembly and of exercising and foundations. It has the legal form of a directed and enforced by the State and the freedom of religion. By and large, the non-profit foundation under civil law and local authorities and, as a result, differed emergency measures met with citizens’ is based in Munich. It was established in 5 2010 and since 2011 has been uniting all substantially. Besides the possibility to approval, while concerns were voiced at Maecenata activities under its roof. The impose quarantine and a ban on work an early stage that these measures might foundation manages and bundles the for infected or possibly infected persons, stay in force beyond their necessity.8 activities of its programs and represents the federal States enacted extensive From 15 April, the federal and state the positions it has developed externally. It contact restrictions and the closure of governments enabled a step by step with- sees itself as an idealistic service provider for civil society and advocates its transnational schools, day-care centres, retail outlets drawal of the restrictions imposed on strengthening and the development of an (with the exception of grocery stores), the citizens. They put the decision of open society in Europe and beyond. leisure activities, and other locations further gradual reopening of public life The Maecenata Foundation realizes its of public life. Associative life came to mainly in the hands of the States, given statutory purposes through six main a complete standstill. Some states, e.g. the fact that some were merely affected programs and other projects. Bavaria and the Sarre, went beyond (e.g. Mecklenburg – Western Pomerania), ɖ MAECENATA INSTITUT (MI) - Research 6 and Teaching these regulations. The Government of while others had very high rates of infec- ɖ TRANSNATIONAL GIVING (TG) - Saxony prohibited people from leaving tions (e.g. North-Rhine – Westphalia and International Donation Transfer Program Bavaria). To date, it seems that gener- ɖ EUROPE BOTTOM-UP (EBU) - European 3 https://netzpolitik.org/2020/warum-aus- ally speaking, Germany has coped with Action Programme gangssperre-und-notstandsgesetze-nichts-mitein- the virus moderately effectively. ɖ TOCQUEVILLE FORUM (TF) - Support ander-zu-tun-haben-corona-grundrechtseingriffe/ and Network 4 https://www.gesetze-im-internet.de/ifsg/ 5 Overview of all regulations in all federal states (in ɖ MENA STUDY CENTRE - Research and German language): https://kripoz.de/2020/03/25/straf- debate und-ordnungswidrigkeitenrechtliche-massnahmen- ɖ CENTRE FOR HUMANITARIAN ACTION des-bundes-und-der-laender-im-zusammenhang-mit- 7 https://freiheitsrechte.org/corona-und-grundrechte (CHA) - Analysis and debate der-corona-pandemie/ 8 https://www.forschungsgruppe.de/Aktuelles/ 6 https://freiheitsrechte.org/corona-und-grundrechte Politbarometer/

STORIES FROM THE LOCKDOWN GERMANY THE IMPACT ON The Administrative Court of Neustadt, for June. The developers also published the FUNDAMENTAL FREEDOMS example, considered it lawful to prohibit app’s infrastructure on the open-source In Germany, political rights and civil liber- a demonstration of two people wearing platform Github, which makes it possible ties are largely ensured both in law and protective masks and observing the social practice.9 distancing requirements.12 On 5 April, The COVID-19 pandemic restricted demonstrations of the alliance Leav- rights on several grounds: eNoOneBehind, which were to be carried Ƚ restrictions on the right of assembly out in the form of “individual walks”, got made demonstrations and expressions dispersed by the police in several places.13 of opinion difficult, In Muenster, permission to hold a vigil Ƚ new surveillance technologies and against an imminent uranium waste trans- registration formalities posed risks for civil society actors, Ƚ accelerated legislative procedures GERMANY DOES NOT significantly limited the opportuni- THE AUTHORS ties for civil society to participate. ENJOY A COMPACT Rupert Graf Strachwitz, OR AN OVERALL Ph. D., born in 1947, has been Freedom of assembly involved with not-for-profit As in several other matters, each State FRAMEWORK FOR organisations for well over 30 enacted its own regulation regarding the CONSULTATION AND years – as a volunteer, staff ban of demonstration and the freedom as member, board member, assembly and the regulations varied in DIALOGUE BETWEEN consultant, and researcher, and lecturer. Since 1989, he terms of allowed sizes and preparations.10 THE FEDERAL AND has been managing director By 8 May 2020, approximately 1,000 of Maecenata Management, a urgent applications had been submitted STATE GOVERNMENTS 92 consultancy that specializes in to German constitutional and admin- AND CIVIL SOCIETY foundations and associations, istrative courts in connection with the corporate citizenship and restrictions on the right of assembly.11 philanthropy, and since 1997, Some courts predominantly understood port from Gronau to Russia was granted he has also been the director the coronavirus containment measures – under conditions – after filing an emer- of the Maecenata Institute of the federal States as a general ban on gency petition in court.14 for Philanthropy and Civil assemblies - even if applicable contact Society, Berlin. Furthermore, restrictions could have been provided. Data protection and surveillance he is Executive Director of the The development of an app for tracking Maecenata Foundation, Munich, 9 See eg. the Freedom house or V-dem democracy COVID-19 infection chains and the issue Deputy Chairman of the indices. German-British Society, Berlin, 10 https://freiheitsrechte.org/corona-und-grundrechte of transmitting data of infected persons, Chairman of the Board of the 11 https://www.etl-rechtsanwaelte.de/aktuelles/ e.g. to the police for a forced quarantine, erste-gerichtsentscheidungen-zum-coronavirus Fliege Foundation, Feldafing, were highly disputed. Heavy protest and Deputy Chairman of the Board advocacy for data protection from civil of the ADAC Foundation, ACCELERATED society organisations, like the Chaos Munich, and Deputy Chairman Computer Club (CCC), delayed the of the Board of the Wilhelm LEGISLATIVE development of the app and resulted Kempff Cultural Foundation, PROCEDURES in improvements regarding tracing Munich/Positano. His approx. methods and data storage. The app, orig- 700 publications, in German as SIGNIFICANTLY LIMITED inally planned for April, was launched in well as in English, Italian, French, THE OPPORTUNITIES Chinese, Turkish, Japanese, and Polish, include books and 12 https://freiheitsrechte.org/corona-und-grundrechte articles on foundation issues as FOR CIVIL SOCIETY 13 https://www.neues-deutschland.de/artikel/1135186. seebruecke-und-unteilbar-aktionstag-fuer-auf- well as cultural policy, the third TO PARTICIPATE nahme-von-fluechtlingen.html sector, and civil society. 14 https://freiheitsrechte.org/corona-und-grundrechte

ACTIVIZENSHIP #5 to see the source code. By July, the app had this was more an example of civic activism e.g. from child protection, human, civil, been downloaded over 15 Million times. exploited for political ends rather than an or gender rights, were heard. The police were also contested for exercise of the Government listening to using the mandatory filing of personal civil society. FINANCIAL VIABILITY details when entering public places for An example of fruitful dialogue and AND SUSTAINABILITY other purposes than tracking down joint action from civic organisations and OF THE SECTOR infections.15 Additionally, CSOs have governing bodies was a hackathon which The financial effects of COVID-19 for voiced concerns of violation of quar- was organised by the Federal Govern- civil society are not foreseeable yet. First antine orders. The association Hilfe ment together with several digital initia- projections indicate that waves of redun- für Menschen in Abschiebehaft Büren e.V. tives and CSOs. A hackathon is a design dancies and insolvencies are not apparent (deportation aid) in North Rhine-West- and programming competition in which (yet), but there are no sufficient data. phalia reported cases of enforced quar- participants try to develop applications Surveys conducted by CSOs indicate, antine in a deportation prison without within a few days. Under “#WirvsVirus” on the one hand, a decline in corporate sufficient medical staff.16 Many advocacy (#WEvsVirus) over 42,000 people donations, on the other hand, a signif- organisations made a point to carefully registered and programmed innovative icant increase of small sum individual monitor the balance between the neces- designs to solve problems created by the sary emergency measures and the duty pandemic, e.g. for coordinating volun- to uphold citizens’ constitutional rights. teers online. During the crisis, the neglect of civil The dialogue between CSOs and society participation in the adoption governmental agencies of coronavirus regulations was overly Germany does not enjoy a compact or apparent. Parliamentary fast-track proce- an overall framework for consultation dures contained less (or no) possibili- and dialogue between the federal and ties for consultation and public hearings. state governments and civil society, nor Also, virtually, no support from the media 93 there is a strong overall representation. was received. Recommendations from The network of umbrella organisations academia, e.g. the German National (Bündnis für Gemeinnützigkeit) is weak THE AUTHORS and does not encompass all areas of civil Dr. Siri Hummel is Deputy society activity. In particular, human Director of the Maecenata rights and other movements are not PROTEST MOVEMENTS Institute for Philanthropy and represented. This network was not able to AND CIVIL RIGHTS Civil Society and is a political agree on a formal reaction to the Govern- and communication scientist. ment’s emergency policies. Individual ORGANISATIONS, Her research focuses on umbrella organisations were in touch USUALLY HAD democracy and civil society, with their government counterparts, most gender equality in civil society, as well as research about often with limited success. Organisations NO ACCESS TO foundations. She is also a not aligned to an umbrella organisation, DECISION-MAKERS lecturer in the Nonprofit e.g. protest movements and civil rights Management and Public organisations, usually had no access to Governance program at the decision-makers. A notable exception is Academy of Sciences Leopoldina, did Berlin University of Applied Fridays for Future: Federal Chancellor not include the needs of civil society and Sciences (HWR). Before joining Angela Merkel received a delegation habitually failed to consider perspectives Maecenata, Siri was a research that included Greta Thunberg and the from different social groups in society. assistant at the Alfried Krupp German spokeswoman Luisa Neubauer The working group was contested on Wissenschaftskolleg Greifswald on 20 August 2020. Arguably, however, this ground as the average age of the from 2011-2017. In 2018 she members of the Leopoldina working received her PhD at the University of Greifswald on the 15 https://freiheitsrechte.org/corona-und-grundrechte group was over 60, and the group of 26 16 http://www.gegenabschiebehaft.de/hfmia/pressealias/ comprised only two women. No CSOs, topic of democracy promotion pressemitteilungen/corona-fluechtlingshaftan- through foundations. stalt-bueren.html

STORIES FROM THE LOCKDOWN GERMANY surgery and medical care to make hospital due to massive cancellations. Civil society space available for COVID-19 patients to operated youth hostels and guest houses THE NEGLECT OF CIVIL a larger degree than what was needed may (e.g. Friends of Nature House - Naturfre- SOCIETY PARTICIPATION affect the income situation of civil society undehaus, which operates around 400 hospitals, which manage approximately guest houses) were massively affected by IN THE ADOPTION 50% of German hospital beds. CSOs fear the ban on tourist overnight stays and the OF CORONAVIRUS that contracts will be revised, and funding closure of restaurants.19 Youth hostels, will be reduced on a large scale. There in particular, are affected by school trips REGULATIONS WAS are already some indications that govern- being cancelled for an indefinite period. OVERLY APPARENT ment grants for CSOs will be slashed in Furthermore, CSOs that depend on wide- 2021, or even in 2020. For example, the scale fundraising through events are Federal Government decided to cut a reporting massive problems. giving, especially in the neighbourhoods.17 220-million-euro funding programme Overall, it has taken a great deal of What does appear is that independent for socio-cultural projects to 60 million campaigning and petitions to get the CSOs continue to refuse any govern- euros in June.18 This programme was Government react at all. Support and ment funding, relying exclusively on their launched in January 2019 and due to state assistance for CSOs came late, supporters to fund their activities. But start in 2020. Similar cuts are expected after implementing ‹protective shields again, there are no valid data yet. to follow. for business corporations on a large scale The impact on contracts with Foundations are also reassessing at the very beginning of the lockdown. governments and the public social their grant programmes, both in order CSOs may participate in general govern- security system depends on the field to streamline them in favour of COVID-19 of activity. The halt on non-essential related causes and in terms of declining income. Approximately 500 large founda- THE IMPACT ON 17 Phineo (2020): Corona-Krise: Die Zivilgesellschaft tions are sole or majority shareholders in braucht staatliche Unterstützung. Aufruf an die business corporations and are dependent CONTRACTS WITH 94 Bundesregierung: Wir fordern staatliche Unterstützung für alle, ohne Ausnahme! Berlin. Online abrufbar: on the financial success of this particular GOVERNMENTS AND https://www.phineo.org/magazin/aufruf-corona-bed- business, which may often be suffering roht-die-zivilgesellschaft, zuletzt abgerufen 08.09.2020. Phineo (2020): RISIKEN abwenden, STRUKTUREN or will suffer from a decline in profits. THE PUBLIC SOCIAL erhalten, CHANCEN nutzen. Umfrage unter PHINEO- Civic arts and educational institu- Wirkt-Sigel-Organisationen zu den Auswirkungen der SECURITY SYSTEM Corona-Krise auf die Zivilgesellschaft. Berlin. PDF tions are suffering from losses in the online abrufbar: https://www.phineo.org/magazin/ income they normally generate from fees DEPENDS ON THE risiken-abwenden-strukturen-erhalten-chancen-nutzen, zuletzt abgerufen 27.08.2020. Verband for services, ranging from concerts and FIELD OF ACTIVITY Entwicklungspolitik und Humanitäre Hilfe deutscher other artistic performances to educa- Nichtregierungsorganisationen e. V. (VENRO) (2020): Organisationen brauchen mehr Flexibilität. Ergebnisse tional programmes, training courses etc., einer Befragung der Mitglieder von VENRO zur Corona- Krise. Greenpeace & Gesellschaft für Freiheitsrechte (2020): Demokratische Teilhabe der Zivilgesellschaft 18 https://www.mdr.de/nachrichten/politik/gesellschaft/ ment relief programmes at federal, in der Corona-Pandemie Monitoring “Coronavirus theater-k-foerderprogramm-start-sachsen-antisem- State, and local level, but virtually no und Civic Space in Deutschland”. itismus-100.html specific CSO relief programmes exist. Also, programmes are administered THE IMPACT OF THE COVID-19 CRISIS by a plethora of different government A survey by PHINEO carried out at the end of April 2020 found that: agencies at the federal and state level, ɖ 97.5% of the organizations were or will be affected by negative consequences of the Corona applying is complicated and carries a crisis in terms of content, economy and operations number of clauses and restrictions that ɖ 2/3 assumes that the criteria of government support programs do not apply to them many CSOs find difficult to meet. Overall, ɖ Only 34.8% had requested or planned to request funds for emergency aid these funds are much smaller than those ɖ Around 30% expect to make redundancies for operational reasons ɖ More than 50% was able to digitise their services granted to ailing business corporations.

Source: Phineo (2020): RISIKEN abwenden, STRUKTUREN erhalten, CHANCEN nutzen. Umfrage unter PHINEO-Wirkt-Sigel-Organisationen zu den Auswirkungen der Corona- Krise auf die Zivilgesellschaft. Berlin. PDF online abrufbar: https://www.phineo.org/magazin/ 19 https://www.tagesspiegel.de/berlin/corona-ret- risiken-abwenden-strukturen-erhalten-chancen-nutzen. tungsschirm-hat-luecken-gemeinnuetzige-betrie- be-in-not/25705576.html

ACTIVIZENSHIP #5 they had to take on, CSO staff and volun- were staged by opponents of the Govern- WHILE POLICE teers regularly went unmentioned. ment’s action. Anti-coronavirus demonstrations began to take place in July 2020 OFFICERS AND CONCLUSION: CIVIL all over Germany in defiance of police OTHER GOVERNMENT SOCIETY UNLOCKS ITS regulations, with hotspots in Berlin, POTENTIAL Hannover and Stuttgart22. They assem- EMPLOYEES RECEIVED CSOs active in health and disaster care bled a strange melange of conspiracy PROFUSE THANKS FOR (e.g. the German Red Cross, the Order theorists, critiques of capitalism, and of Malta, and others) were able to engage xenophobic, right-wing extremist and THE EXTRA WORKLOAD their volunteers and provide help and esoteric and alternative-medical groups. THEY HAD TO TAKE services, e.g. in mass testing, against During these events, attacks on journal- heavy odds. ists and police were reported and trig- ON, CSO STAFF AND Civic solidarity at the neighbour- gered an ongoing public debate over the VOLUNTEERS REGULARLY hood and local level was strong. Due peril of radicalisation of the anti-lock- to the contact restrictions, most of down protests. Civic activists found WENT UNMENTIONED the initiatives were organised online. themselves in the strange situation of Grocery-Services for elderly or quaran- witnessing their very own causes, e.g. tined people were organised via plat- protesting infringements on civil liber- On 8 July, the Federal Government forms like Facebook or nebenan.de (a ties including freedom of assembly, being provided around 25 billion euros for small platform especially for neighbourhood voiced in public by assemblies they would and medium-sized enterprises, including communities, founded some years wish to disassociate themselves from CSOs. However, application procedures ago) or WhatsApp groups. Initiatives by all means. continue to be complicated and do not like “giving fences” with bags of neces- Over the next few months, an meet the specific needs of CSOs, and in sities for people in need were created intense discussion over principles of civil many cases, CSOs do not qualify for some and supported in many towns, and many society action and the role of civil society 95 reason. In Berlin, for example, CSOs can people started crowdfunding campaigns in defending and reforming a democ- only apply for financial aid to bridge the for small businesses or culture places in racy based on the rule of law, human and gap if they are a limited liability company, their neighbourhood areas, e.g. ‘ich bin civil rights, and ideals of an open, cosmo- but not as a registered association.20 ein Lieblingsort› (I’m a favourite place) politan, liberal, and participative society Finally, CSOs face a fiscal financial or Rettet die Clubs! (save the clubs!). devoted to social change and justice will problem. Not being permitted to build Data about sustainability and the range be required in order to fend off forces up reserves beyond a very limited extent, of these actions are unavailable. that have shown their ability to assemble their risk of insolvency is considerable. Attempts were made, e.g. by Fridays sizeable numbers of citizens for very Also, they do not usually qualify for any for Future, to put their protest online. different ends. of the loan programmes the Government Public visibility was naturally much The analysis is updated to 17 September 2020. has launched. reduced. Public demonstrations that A recent study on what CSOs can respected security measures were very offer, what they need, and what assis- rare. More recently, however, a complex tance they are given, undertaken and paradox has arisen in that demonstra- published by the Maecenata Institute, tions that did not respect those measures revealed that non-financial support was seen as equally important and equally lacking.21 E.g., while police officers and IT HAS TAKEN A GREAT other government employees received profuse thanks for the extra workload DEAL OF CAMPAIGNING AND PETITIONS TO 22 https://www.spiegel.de/international/germany/ the-corona-conspiracy-theorists-protests-in-germa- 20 https://www.tagesspiegel.de/berlin/corona-ret- GET THE GOVERNMENT ny-see-fringe-mix-with-the-mainstream-a-8a9d5822- tungsschirm-hat-luecken-gemeinnuetzige-betrie- 8944-407a-980a-d58e9d6b4aec https://www.dw.com/ be-in-not/25705576.html REACT AT ALL en/how-are-germanys-coronavirus-protests-differ- 21 Will be published in October 2020 ent/a-53443502

STORIES FROM THE LOCKDOWN GERMANY The genius of #Unteilbar was to shift the narrative towards a genuinely positive and hopeful vision of solidarity in diversity in Germany. Its story shows that it is not just enough to be reactive to the far-right infused public discourse that too often leads to normalising hate and violence towards minorities in Germany. In order to make equity and social justice common sense, the activists behind #Unteilbar seized the opportunity to weave the narratives of the increasingly intersectional grassroots initiatives and CSOs in Berlin and beyond into one powerful message of solidarity beyond borders – in the public space and in the minds. Not only did they manage to do that in Berlin, but also in cities in East Germany where civic initiatives are in need of support in the face of increasingly powerful far-right movements. Solidarity practices require that each of us listen to one another and look not for differences, but for points of overlapping interest or concern. The solidarity approach of #Unteilbar did lead to a common 96 assessment among civil society that all forms of discrimination and hate are divisive tactics that needs to be overcome altogether, for social and climate justice to become reality. The pride and euphoria the demonstrants experienced during the demonstration of the 13th of October 2018 and the subsequent actions of “#SoGehtSolidarisch” showed so clearly how important narratives shape our worldviews and bring us the courage to speak up for our values and for the rule of law..

Martin Pairet, European Alternatives

ACTIVIZENSHIP #5 SOLIDARITY IS MORE THAN A PRACTICE We need to ask who is paying for the crisis

Interview with Rebecca Rahe and Corinna Genschel, #Unteilbar 97

Can you tell us about the progressive civil society in its broadness, October 2018 in Berlin. In the end, 240 #Unteilbar? When was it together. We wrote a short but decisive thousand people showed up; it was one founded, who are its member call and started gathering signatories. of the largest marches in Germany in and goals? Then, we had a major fascist incident the last decades. And it was very mixed: CORINNA GENSCHEL: #Unteilbar, which means in Chemnitz in Saxony, in South-East young people, older people, families, “Indivisible”, was founded two years ago, Germany. Following a murder, the far- people in wheelchairs, people from social in the summer of 2018. The Minister of right mobilised in mass, while the police movements and people who had never Interior from the rather conservative did not step in. We were already out with been in demonstrations before. We did Party CSU (ed.: Christian Social Union our initiative, but this mobilisation really not organise thinking of a huge federal in Bavaria) was pushing against taking pushed the civil society in Germany to mobilisation, but people came in from in refugees coming from Greece. This act and gave momentum to our call. other cities and picked up the message was just the last step after a long process We needed a response in that town, “Unteilbar”, “Indivisible”. The meaning shifting the government towards the right. but we also needed a federal response. is that we do not let the welfare state The stand against refugees’ rights was a We called for a demonstration on 13 be pitted against the rights of migrants, symbol. Back then, a small civil liberties against climate change, against other organisation brought together other civic rights. Human rights are indivisible, and organisations and social movements to we are in solidarity with each other. do something: not just another march WE NEEDED A LARGER The other very important element or small initiative; we needed a larger RESPONSE FROM THE is that we are an organised civil society response from the civil society and social response, and we want to give voice to movements. Throughout the summer, CIVIL SOCIETY AND those people who are unheard. However, we sat down and reflected on what could SOCIAL MOVEMENTS we do not want to just add all these be a response that would bring along the voices and specific demands; we want

STORIES FROM THE LOCKDOWN GERMANY label: it was a way to do politics as a social to think of those that march without us movement, yet not a social movement or those that are marginalised and might independent from its parts. Inside #Untei- not be in the core group organising. We lbar we can do things that we cannot do try to be representative and inclusive of on our own. more and giving voice to more, and that way bringing people into the alliance and How were you able to manage the movement. such a diverse coalition? We keep the call rather short: we REBECCA: I think that one thing is the do not provide a long list of specific personal relations of people knowing each demands. Instead, we try to be abstract other and having built trust before. The in a comprehensive way. The “indivis- movement was not born out of the blue. ible” label tries to build bridges beyond It was built by people willing to go a bit our individual specificities, and we try Rebecca Rahe further than they usually would, because to give voice to those who have specific of the political situation. That was the concerns. We are trying to give another time to build broader alliances. Since a picture of the society. To give another to create a synergy that makes all of us couple of years, we had started under- example, last year we had a big demon- stronger. The right-wing is dominating standing that we cannot do things on our stration in Saxony before the State elec- the public discourse: they are loud; they own, and this created fertile ground for tions. In the general public, there is an are aggressive. We felt we needed a way to #Unteilbar. image of Saxony as a very white and racist fill the public space with all those people CORINNA: I think that there was the feeling state. We organised with various local who are there but are not as loud. After that there was a momentum to act. We anti-racist civil society organisations, this huge far-right mobilisation, activ- also have an organising core group, like migrants’ groups. For us, it was very ists, musicians, and people from the a coordinating committee that has the important to have speakers to the press civic and public space organised a huge duty to build the alliance and organising that made the “other Saxony” visible. 98 free concert in Chemnitz in September the marches. But this is not like a tradi- This is a long process, so we usually do under the slogan “We are more” which tional alliance where you are voted into not organise a protest quickly. In the end, was also addressing the issue of who is this core group. We work together because the march in Dresden was against racism in the public space, who is influencing we trust each other on a personal level. We not only for its messages but also for the political discourse. also always try to avoid merely adding our the visibility of persons of colour and Initially, we as #Unteilbar only individual demands to the alliance; we try an open and diverse society. In Saxony, intended to have a march (in October), but it was so successful that we started to think that #Unteilbar had a bigger political responsibility. REBECCA RAHE: What made #Unteilbar so successful was that it was not just a demonstration against the push of the far-right or racism; it was a march to be united in solidarity and to unite our struggles. The subtitle of the call was: “Indivis- ible. In solidarity instead of exclusion. For an open and free society”. There were the trade unions and big social welfare organisations being allies with small initiatives of self-organised refugees or feminist groups, climate justice groups, civil rights groups etc. Everyone could unite with their own struggle under the label “Untei- lbar”. #Unteilbar became more than a

ACTIVIZENSHIP #5 but still, nothing happened. The people solidarity. We want to bring a different were creative in finding ways to protest imagination to the streets. In that regard, during the pandemic. Yet, people were not we also had to engage with the issue of evacuated from Moria. It was frustrating. the pandemic. Masses of people rallying At the same time, the social inequalities together are the life of social movements, that existed before the pandemic were but we could not do that, and not only getting even more drastic. We know this because of the government’s restric- from all countries and regions – there is so tions. We also wanted people to feel safe much written about this now. However, in going out in the streets. #SoGehtSolidar- this crucial moment bringing the voice of isch was both a political message with all civil society on how the situation should these demands and connecting struggles, be dealt with was still not possible. And but it was also an experiment of demon- when the lockdown was gradually eased, strating differently, in a safe way during Corinna Genschel the streets were taken over, again, by the pandemic. This is how we came up right-wing demonstrations with wild with the ribbon of solidarity. It was very conspiracy theories, spreading anti-Se- colourful; it was very nice. There were there are a lot of groups of migrants mitic ideologies etc. It was not just about long lines of people, keeping the distance or people working with migrants who the “streets”: the public discourse seemed but being connected through the ribbon. struggle every day. They picked up the to be dominated [Ed.: by the far-right] And it worked. The beauty of it was that march as an opportunity to come out again. And that was the point in which we in the very small timeframe we had, ten together and be strong in their togeth- decided to act very quickly and organise cities decided to take that on and initiate erness. That was the beauty of it. a “ribbon of solidarity” in many cities in small alliances and formed their ribbon about three weeks. We thought that was of solidarity. Climate action groups, with Why did you decide to the time to address the government but anti-racist groups, with feminist groups... organise the demonstration also the society differently. We wanted to REBECCA: As Corinna said, we wanted 99 #SoGehtSolidarisch? What communicate that solidarity is not just the everyone to be safe - that is also why we messages did you want to practice of supporting one another in the put so much effort into the live streaming, spread? neighbourhood but it is also about asking which we also published on YouTube REBECCA: In Germany, the shutdown of how the money is being distributed, who afterwards to reach people even in the public life came in mid-March. From is going to profit from it, who is going to aftermath. That day, on 14 June, we had that moment on, we were meeting come out of the crisis worse or better. more than 20’000 clicks on the live every Wednesday in virtual space asking CORINNA: I think we can see very clearly in stream, and many thousands watched ourselves what we could do to address the this mobilisation that #Unteilbar wants it throughout. On the streets across consequences of the pandemic, but also to be more than just “against the right- Germany, we were also more than 20’000 how we could do it in the context of the wing”. We want to work for a society in people. If you add everything together, we pandemic and the limits to assemblies. reached more than 50’000 people on the Our main tool to protest and bring our day itself, but even more in the aftermath claims into the public is through demon- through Youtube. strations, so we needed to think anew. IT WAS NOT JUST There were some initiatives, for example A DEMONSTRATION Is the protest connected with under the slogan “Leave no one behind” that other strategies in different organised actions, rallies etc. for refugees AGAINST THE PUSH fora to obtain change? to be evacuated from the Greek islands. OF THE FAR-RIGHT OR REBECCA: #Unteilbar is a way to do things We tried to broaden the attention of these together that we cannot do alone. Indi- initiatives. At the same time, the issue of RACISM; IT WAS A vidual organisations do so much political migration as a civil rights question came MARCH TO BE UNITED action, and it is important that it is that back to the table given the hard stance our way. #Unteilbar does not take on specific government (and the EU) took on evac- IN SOLIDARITY AND TO challenges that can be done by the organ- uating the refugees from the Mediterra- UNITE OUR STRUGGLES isations themselves or other alliances. nean. It found a small space in the press, Of course, we network with others, we

STORIES FROM THE LOCKDOWN GERMANY to intervene. There was a local alliance in Erfurt/Thuringia that we joined and worked together with. It was clear that something had to be done and who was going to do it. For me, this was an important moment to measure what role #Unteilbar can have in society. I also think that the announcement of our demonstration provoked a change in parliamentary politics1: civil society was putting pressure on them, and that was going to be big. Then, I tend to measure the impact more in terms of the state of civil society rather than in terms of changes in the law or parliamentary politics. For example, now the Fridays for future movement is supporting workers’ struggle around higher wages for the public transport sector. I think that these kind of alliances represent the idea of #Unteilbar in other different history of civil society. This is are so crucial for social change. #Untei- circles, but our political strength lies in one reason we started networking with lbar does have some role and some impact organising protests as an alliance, this is several initiatives there to think whether in that people see it as possible to link up how we work for change. it is feasible, and it makes sense to build with movements and people that are not CORINNA: To give an example, after we coop- up a campaign in solidarity with the the closest to them. erated with civil society in Saxony last East – to build special fora - to answer CORINNA: I totally agree with Rebecca. 100 year before the state election there, in your question – in a way that does not At the same time, I think the question the upcoming year, we will try to initiate say “the people from Berlin come there to of impact on power balances is funda- a similar process in five States in the East. protest the right-wing elections”, but to start mental, and there is a real need for reflec- The “East” is a specific region and next a campaign of those initiatives and act as tion inside civil society in Germany and year three State elections will be held, and a magnifying glass to make it stronger. We Europe. As #Unteilbar, and more broadly we run the danger to have a big right-wing might not be “more”, but the structure is as civil society and movements, we have shift. The solidarity structure is struggling there. Part of the society in the East is not been on the streets in large numbers for hard there; there is a difference between voting right-wing, that is protesting and years. We might manage to shift the public the East and the West because of the trying to build an alternative of solidarity. discourse, and that is important. But in the long-run the question for organised What impact is this initiative civil society and social movements is how I THINK THAT IN THE having? to influence changes also legally, institu- REBECCA: In February, in Thuringia, a parlia- tionally and structurally – and this is not LAST FIVE YEARS AT mentarian from the FDP (ed.: Free Demo- just a question for #Unteilbar. I think that LEAST, THERE HAS cratic Party) was voted as Minister-Pres- in the last five years at least, there has ident with votes from the AfD (ed.: been a gap between the very strong public BEEN A GAP BETWEEN Alternative for Germany). There were outcomes of social movements and the THE VERY STRONG spontaneous rallies all over the place and impact at the policy level. We see it for the next morning we received several calls example with Fridays for Future and Ende PUBLIC OUTCOMES OF to ask what #Unteilbar was going to do. Gelände: we have a very strong, contin- SOCIAL MOVEMENTS #Unteilbar had positioned itself before, uous pressure on the politics of climate claiming that if AfD becomes the ruling change, but the effects are really limited. AND THE IMPACT AT party in one of the States, civil society is called to action. Of course, this was THE POLICY LEVEL 1 The elected Minister-President announced his resig- not exactly the case, but it prompted us nation and a new vote was held.

ACTIVIZENSHIP #5 To connect to this, there has came together and strategised together. political discourse and politics in general. been a push to keep civil We are in a different stage now, that does We did see that there is a lot of money if society outside of the realm of not mean that there are no networks governments decid that it is needed, and politics. Is this issue addressed organising in a pan-European way, but just that politics can act together and solve inside of your movement? saying it seems to be a different context problems in a crisis if they want to. Yet, REBECCA: Last year in Germany we had a big right now. For us, getting this award is a we – civil society - need a balance between debate about “gemeinnütziger Verein”2. It is way to be in companionship with these pushing, interacting, and interfering, about tax laws, a bit boring but important, other groups. and that was imbalanced or even out of because it allows organisations registered balance before, particularly in COVID-19 as organisations working for the “good of times. Institutionalised politics can act, the public” and, therefore, to be tax exempt but we need to keep them accountable, (especially important for donations). IT WAS ALSO AN transparent, responsive. For me, it is an When eventually also the Association of EXPERIMENT OF open question: can we build up more Persecutees of the Nazi Regime/Federation pressure for them to act differently? of Antifascists (VVN-BdA) lost its “gemein- DEMONSTRATING CORINNA: What I learned is that strong and nütziger Verein” status (ed.: “public benefit” DIFFERENTLY, IN A accountable institutions might be very status), #Unteilbar addressed the issue useful, but for a society in solidarity we head on by writing an open letter and SAFE WAY DURING also need them to be in relation with an collecting signatories. We had not done THE PANDEMIC organised progressive civil society that that before, but for us, this was a big issue can have a say in these decisions. It was for the state of civil society: how organi- civil society that pointed to the issue of sations can act politically or are structur- Do you think that the refugees in Moria or the homeless people ally enabled to do so. We were concerned European Union can be an ally that could not find a shelter or other about what could happen from now on if in your struggle? In what way? societal issues. In these kinds of situation, such State decisions would become legit- CORINNA: No, not really. This is a state organ- we need a relationship between account- 101 imate: What can organisation say or do isation, not an alliance partner, plus for us able institutions and a civil society that if they are always threatened with losing it is important to think Europe not just allows finding a solution to these ques- their “public benefit” status? We stood in the EU. We are companions or allies of tions, needs and demands much earlier support of the organisation, also stating civil society in the EU and Europe but on. We need people voluntarily standing that civil society deals with issues that also beyond: there are other spaces or in solidarity in their neighbourhoods, but are political. terrains of struggles that we look at, like we also need organised solidarity, and it the Balkans, the Mediterranean... #Untei- needs to be supported by “the State”. Is there a desire to get lbar understands itself as an agent of civil Linking to what Rebecca was saying about organised also transnationally society or organised civil society. We are the “public benefit” status, this context in Europe? independent of parties and states. makes that boring textbook question so CORINNA: Well, #Unteilbar is always thinking crucial because for civil society to be globally or transnationally, but it is not What lessons can be learned organised, for solidarity to be functioning, organised that way – we act “locally”. from this initiative that can it needs to have resources. We can learn Although we have strong ties, we do not potentially inform a post- this all the time, but these last months organise for this issue across Europe. COVID-19 institutional and made it really clear that civil society needs Within Europe, and I like to stress Europe societal response? to be much more cherished, not just by rather than the European Union, we are REBECCA: I think that, especially at the begin- clapping on the balconies. in a different position compared to ten ning, there was a discourse even in big The interview was carried out on 20 July 2020. years ago when, with the financial crisis, media institutions that this crisis was a all civil society and social movements window of opportunity for some profound societal change, to organise the economy differently, for more equality and more 2 The definitions of legal categories such as “charitable”, “philanthropical” and “benevolent” asso- justice. I do not think that this is neces- ciations differ considerably between jurisdictions. sarily a lesson from the pandemic but has ‘Gemeinnütziger Verein’” can be roughly translated as “public-benefit”. more to do with the ups and downs of the

STORIES FROM THE LOCKDOWN GERMANY

GREECE 103

STORIES FROM THE LOCKDOWN GREECE Civic space in Greece in rated “Narrowed” on the CIVICUS Monitor. rganised civil society in Greece has been historically weak, especially in comparison O to other European countries. Nevertheless, the pauperisation of the population produced by the harsh austerity policies during and after the bailout period – with over one third of the population at risk of poverty or social exclusion in 20171 and the highest unemployment rate in the European Union2 – and the migrantion crisis that exploded in 2016 has led to the emergence of many informal initiatives that are not captured by the data of the infographics. The bitterness

104 towards EU-imposed measures as well as the outrage at perceived EU neglect on migration issues explain the electoral victory of a Party campaigning for “law and order”. Since its coming to power in summer 2019, the right-wing New Democracy Government has restricted civil society space, especially for groups acting for migrants’ rights, in a context that was already challenging for civic groups. The coronavirus outbreak is 2020 became the third major crisis of the country in the last 12 years providing the Greek government with an additional justification to crack down violently on civil society.

1 Eurostat January 2019. 2 Eurostat October 2020.

ACTIVIZENSHIP #5 THE SECTOR IN NUMBERS Population of the country (2020): Number of CSOs (2018): 10,4 Million 7,190

DISTRIBUTION OF CSOS BY FIELD OF ACTIVITY (2015)*

*THIS DATA DOES NOT INCLUDE 983 LARGEST CSOS.

Animal Protection 1% Arts & Culture (museums, theatre, cinema) Sports 20% 7% Children & Youth Religious 2% 6% Education & Research Local Neighborhood Associations 6% 22% Elderly & Handicapped International & Development 5% 1% Environment & Sustainability Human Rights & Social Solidarity 5% 12% Health & Welfare 7% Hobbies & Entertainment 6%

THE ECONOMIC WEIGHT OF THE SECTOR Number of people employed by the sector (2018): Number of volunteers (2015): 4,000 employees (16% of the CSO workforce)* 7,100 regular volunteers *THIS DATA REFERS TO FORMAL AND PROFESSIONAL CSOS. 12,769 irregular volunteers 0,2% of the total population + 28% of volunteers compared to 2013

Member contribution 7,2% Private funding European programs 36,3% Sources of income 4,1% Foundations for associations in % Co-founded programs 8% (2015) 12% State funding 32,3%

SOURCE: 2018 REPORT ON THE STATE OF CIVIL SOCIETY IN THE EU AND RUSSIA - EU-RUSSIA CIVIL SOCIETY FORUM COVID-19 ADDS UP TO THE UNRESOLVED ECONOMIC AND MIGRANTS’ CRISES Government toughens stance against civil society

106 By Dominika Spyratou, SolidarityNow he coronavirus outbreak started society organisations have been few, with attempting to reach western Europe. in Greece in March 2020 and limited resources and marginal impact. In Greece and the EU’s unpreparedness became the third major crisis recent years, the landscape of organised led to a deficient response to the influx of of the country in the last 12 civil society has been slowly changing. newcomers. In turn, civil society actors, years, succeeding a decade- The country’s economic crisis which both formal and informal, began working Tlong economic depression and a never- started in 2008, created new needs and to fill the gaps, including covering basic ending refugee emergency. In a context opportunities that mobilised the sector. needs, legal aid, conducting rescue where the conditions for civil society High levels of unemployment, increased missions, and beyond. The availability and the safeguards of the human rights poverty, and reduced social services led to of large amounts of funding from the of the most vulnerable societal groups new initiatives and a spike in civic engage- EU brought many new organisations were already frail, the coronavirus has ment, mostly spontaneous and informal. to Greece, expanded international provided the Greek government with an The social and solidarity economy grew additional justification to crack down organically, in an effort to replace existing violently on civil society. There is a fear economic and business models that were THE CORONAVIRUS that emergency measures will become inefficient or dysfunctional. Private dona- permanent. tions and funds from abroad replaced OUTBREAK STARTED state funding which had the effect of IN GREECE IN MARCH CIVIL SOCIETY’S CONTEXT changing the focus of many pre-existing Civil Society in Greece has been histor- organisations. 2020 AND BECAME THE ically weak, especially in comparison to As Greece was still struggling THIRD MAJOR CRISIS other European countries. For various to overcome the economic crisis, a social, cultural and political reasons,1 civil second crisis put the country back in OF THE COUNTRY IN the international spotlight. In 2015, over THE LAST 12 YEARS 1 https://www.uop.gr/images/files/huliaras.pdf 850,000 refugees came to Greece, mostly

ACTIVIZENSHIP #5 organisations that were already present The responsibility for the failure to in the country and created the conditions adequately and humanely address the for local NGOs to, once again, shift the influx of migrants into Europe does not GREECE’S ASYLUM- focus of their work. rest on Greece alone. The EU approach SEEKERS AND Between 2015-2017, at the peak of of relying on Turkey as a proxy to stave the migration flow into Europe, it is off migration whilst pumping money into MIGRANTS RELY ON estimated that around $803 million in Greece - among the economically weakest THE SUPPORT OF CSOS aid came into Greece, which includes countries in the Union - in the hope that all significant bilateral funding and migrants who crossed into Europe will IN THE ABSENCE major private donations.2 This funding remain in Greece, has created a broader OF GOVERNMENT was directed both to the government crisis that affects Greek and European PROGRAMMES TO to shore up its asylum system and to civil society as a whole. Moreover, the CSOs working with refugees. It has been EU has yet to implement a comprehen- APPLY TO OR SUPPORT called the most expensive humanitarian sive programme of humanitarian assis- FROM THE STATE aid effort in history. Five years on, the tance or to share the burden of support reality on the ground does not reflect meaningfully. the level of financial investment that In a context of suffering caused ND’s attempt to ‘clean up’ the area led was made in Greece’s reception system, by the economic crisis and bitterness to arrests and violent attacks against which still struggles to cope with new toward EU-imposed austerity measures people in need and those who support arrivals, even though they have signif- that followed, the Greek public, which them. Police presence on the streets of icantly decreased. Greece’s asylum- had exhibited relative compassion in Athens and incidents of police violence seekers and migrants rely on the support its stance towards migrants, has begun also increased markedly.3 of CSOs in the absence of government to express its outrage at perceived EU The relationship between govern- programmes to apply to or support from neglect. It is thus no surprise that Greece ment and NGOs was already problematic, the state. Despite the fact that needs are elected a government – led by the estab- characterised by a lack of cooperation 107 unchanged, funding for refugee support lished centre-right party New Democ- and communication. This is a systemic is decreasing, forcing organisations to racy (ND) - whose campaign centred on problem that can be partially attrib- scale down or close their operations. taking a tough stance against migration uted to Greece’s fragmented and inef- and CSOs that work with migrants. In ficient public sector. When ND came to 2 https://www.newsdeeply.com/refugees/arti- this regard, both Greece and the EU bear power, it immediately made clear that cles/2017/03/06/the-refugee-archipelago-the-inside- story-of-what-went-wrong-in-greece significant responsibility for the closing neither refugees nor CSOs assisting space for civil society and civic engage- and defending them are welcome in the SolidarityNow (SN) is a ment that is taking place in the country. country. By restricting asylum proce- non-governmental organisation committed Syriza, the left-wing coalition that dures and increasing returns,4 neglecting to improving the lives of vulnerable people ruled Greece between January 2015 and asylum-seeker and refugee integration, in Greece and helping them pursue a better July 2019 was known for anti-austerity and limiting the freedom of NGOs future with dignity and perspectives. SN implements programmes in several urban and anti-establishment positions which working on migration, the party created a and rural areas across Greece, ranging enabled its defeat of ND in 2015. After profoundly hostile environment for civil from basic service provision, educational several years of failing to confront society. It also created fertile ground for activities and accommodation programmes. Greece’s creditors, and to change the far-right groups to continue their xeno- During COVID-19 outbreak, SN had to adapt its programmes, ensuring that all terms of Greece’s post-crisis bailout phobic and racist acts, including violent needs of at-risk people were addressed. It measures fundamentally, Syriza lost the attacks. In the first months of 2020, the also established new activities to respond following elections, and ND returned to situation escalated to the point where to the pandemic that included awareness power. Since the change of government organisations operating on the Greek raising campaigns and community-based in July 2019, significant new challenges islands and the Evros land border were creative initiatives, such as the creation of home-made masks and sanitisers by female have emerged. One of the Prime Minis- ter’s earliest, symbolic actions was to 3 https://www.theguardian.com/world/2019/dec/31/ asylum seekers in refugee camps across the greek-activists-warn-of-surge-in-police-brutality- country. You can find out more about SN’s close all squats in Exarcheia, the Athens and-rights-violations activities here: https://www.solidaritynow. neighbourhood that is home to self- 4 https://oi-files-d8-prod.s3.eu-west-2.amazonaws. org/en/ com/s3fs-public/2020-09/wemove-oxfam-complaint- managed spaces, migrants and anarchists. to-ec-asylum-greece-eu.pdf

STORIES FROM THE LOCKDOWN GREECE attacked on numerous occasions and were forced to cease their activities.5 In September, Greek police filed a criminal AUTHORITIES HAVE case against 33 members of four NGOs BEGUN ISSUING FINES running Search and Rescue (SAR) operations in the Aegean sea, accusing them for AND THREATENING a series of illegal activities.6 This prosecu- CRIMINAL CHARGES tion adds to a list of cases of criminalisa- AGAINST CSOS WORKING tion of solidarity that have taken place in Greece in the last years, 7 a worrying trend IN RECEPTION CENTRES, THE AUTHOR with which the government is trying to FORCING THEM TO Dominika Spyratou intimidate organisations helping refugees is Advocacy Officer at and stop them from reporting pushbacks CEASE THEIR WORK SolidarityNow, in Athens. Her and other violations by authorities whilst ON THE ISLANDS work focuses on defending the minimising flows. rights of refugees and other marginalised groups and on CHALLENGES FOR CIVIL its negative financial impact.8 Although a promoting their social inclusion SOCIETY IN GREECE IN THE number of actions to protect businesses and integration. Prior to joining the organisation, Dominika COVID-19 ERA and employees were adopted, govern- worked at the Civil Society ment assistance did not benefit all given and Human Security Research State response and societal impact that a significant portion of the country’s Unit at the London School of The Greek government adopted very population, especially younger people Economics, where she managed early measures in response to the coro- and marginalised groups, work in the research and dialogue projects navirus outbreak. A state of emergency black market. Temporary restrictions of aiming to understand conflict was never declared, but urgent measures movement for all residents were imposed 108 and violence and bridge the were taken in March for the prevention for six weeks which prohibited all forms gap between citizens and of the spread of the disease and against of movement without a special permit; policymakers. She holds an violations could lead to fines by the police M.A. in International Relations for breaching lockdown rules. from the University of Sussex Whilst these measures were to be and a B.A. in Balkan Studies 5 http://rvrn.org/2020/03/racist-violence-recording-net- imposed only when strictly required, from the Aristotle University of work-serious-concern-over-attacks-against-refugees-and-humanitarian-workers/ and with respect to the principle of Thessaloniki. 6 https://www.euronews.com/2020/09/29/greek-police- accuse-33-ngo-members-of-helping-migrant-smugglers proportionality and the rule of law, in 7 For examples of other cases see: https://www.solidaritynow.org/en/sarah/ and https://www.dw.com/en/ greek-court-clears-spanish-and-danish-aid-workers- 8 https://fra.europa.eu/sites/default/files/fra_uploads/ on-migrant-smuggling-charges/a-43693777 greece-report-covid-19-april-2020_en.pdf

2008: Global Financial JANUARY 2015: Syriza, a JULY 2015: Government FEBRUARY 2016: A new APRIL 2016: Greek police AUGUST 2019: Police raid Crisis left-wing coalition, wins agrees on third bailout legislation provides arrest and fine several squats and arrest the elections with anti- programme despite for the control and NGO ships involved migrants and activists 2009: Socialist party austerity agenda. popular rejection in a close monitoring of in search and rescue in Exarcheia, the self- wins the elections. referendum carried NGOs and volunteers of immigrants in the governing community 2015: European migrant 2010: 1st Rescue out in June. operating on the Mediterranean. of Athens. crisis: 850.000 Package. Eurozone island of Lesvos. Some refugees arrive on the AUGUST 2018: Greece exits approves 110 billion incidents of judicial Greek coast that year. bailout programme. euros rescue package. harassment and crimi- The deal opens the APRIL 2013: Golden Dawn nalisation of civil society JULY 2019: New season of austerity trial starts over alleged have been reported Democracy wins the measures, struc- violence committed by by international NGOs elections. tural reforms and the group since 2008. after the implementa- privatisation. tion of this law.

ACTIVIZENSHIP #5 practice, this was not always the case. Covid-19 outbreak in such conditions CSOs witnessed and reported incidents could have had catastrophic outcomes. where the police were issuing on-the- In March 2020, the number of people ORGANISATIONS spot fines to homeless people on the in the hotspots, including children and WORKED ROUND THE grounds of ‘unnecessary movement’. In a vulnerable groups, was approximately country where the number of shelters for 37,400 whilst their total capacity was less CLOCK DURING THE the homeless do not cover the needs of than 6,100. To prevent a surge of the virus FIRST WEEKS OF THE those sleeping rough and with almost no in these facilities, the government put programmes geared toward their support them on lockdown, potentially trapping LOCKDOWN TO MAP and re-integration, such actions raised thousands of healthy people with others NEEDS AND TRANSFER concerns over the police’s real intentions. carrying the virus. Lack of running water, Even more worrying were the toilets and isolation spaces; inadequate THEIR WORK TO THE measures that the government adopted healthcare facilities inside the hotspots; DIGITAL ENVIRONMENT in refugee reception centres and camps and the inability of people to leave them, across the country. The already dire living even to get necessary supplies when conditions in overcrowded facilities on food distribution and other services are in quarantine when some refugees tested limited, risked lives. The EU Commis- positive for the virus, and one went on sion, INGOs and NGOs have repeatedly isolation due to a Covid-19 outbreak in AN INCREASINGLY expressed their concerns and demanded a nearby Roma settlement, arbitrarily decongestion.9 Despite attempts by the restricting the movement of hundreds COMMON AND government to create a response plan to of people. WORRISOME TACTIC IS prevent a new wave of the disease, the In March, the Greek government conditions remain inadequate. Mean- adopted an emergency legislative decree THE USE OF TEAR GAS while, authorities have begun issuing that suspended the registration of asylum fines and threatening criminal charges applications for one month, placing all AND EXCESSIVE FORCE 109 against CSOs working in reception newcomers indiscriminately in detention; BY SECURITY SERVICES centres, forcing them to cease their work human rights groups decried the decree AT DEMONSTRATIONS on the islands.10 Luckily, no Covid-19 as a violation of international law.11 cases have been reported in the hotspots Covid-19 emergency measures further AND PROTESTS during the six-week lockdown period. The affected access to asylum as the Greek approach to camps on Greece’s mainland Asylum Service suspended its opera- has been similar. Three camps were put tions for several weeks. The inability of the East Aegean island hotspots - an issue recently arrived asylum seekers to submit that civil society has been raising and 9 For an example see https://www.solidaritynow.org/ pressing authorities to address for years en/hotspot_corona/ 10 https://www.msf.org/msf-forced-close 11 https://rsaegean.org/wp-content/uploads/2020/05/ - became an even graver concern as a -covid-19- centre-lesbos-greece RSA_LN_AsylumSuspension.pdf

OCTOBER 2019: A new NOVEMBER 2019: CSOs that 4 FEBRUARY 2020: A new 9 FEBRUARY 2020: Far-right 28 FEBRUARY 2020: 1 MARCH 2020: Greece presidential decree work with refugees law requires NGOs to patrols attack refugees, Pushbacks and suspends asylum allows the use of drones and migrants in Greece register and certificate volunteers, and locals violence at borders: applications: The to support and enhance are given 10 days to work with migrants in Lesvos, where over Greek security forces Government blocks the activities of the to register with the is passed accompa- 20.000 refugees are and unidentified armed any new asylum appli- Hellenic Police for crime Citizen Protection nied with aggressive hoping to be allowed to men at the Greece- cations for the next prevention, traffic Ministry, or risk being narrative of the move to the mainland. Turkey land border month. control and border banned from operating Migration Minister. detain, assault and strip 26 FEBRUARY 2020: The 21 MARCH 2020: To prevent surveillance. This legisla- in the country. asylum seekers and coronavirus reaches an outbreak of the tion does not include migrants, then forced Greece: the first case is virus in the migrant any guarantees against them back to Turkey. detected. camps, the govern- data breaches nor does ment put them on it refer to other data lockdown. protection legislation.

STORIES FROM THE LOCKDOWN GREECE asylum applications also prevented them in the islands’ reception centres, and no ten individuals in open spaces. Despite from accessing their right to healthcare12 cases were recorded in the camps on the government warnings against large gath- and had a negative impact on the lives mainland since April. The unjustified and erings, one large peaceful demonstration of the most vulnerable. CSOs working discriminatory13 confinement measures was held on May Day where participants in camps have been reporting increased imposed on migrants, which remain in took all necessary protection measures, place today, perpetuate an insidious and and the police did not interfere. 14 No inaccurate narrative about the correla- major incidents took place during the tion between the spread of the virus and six-week lockdown period. Yet, with the IN THE FIRST MONTHS refugees and create a spurious justifi- gradual lifting of the restrictions from 4 OF 2020, THE cation for further restrictive measures May, and as young people started gath- which the government had already been ering in public spaces in larger numbers, SITUATION ESCALATED considering prior to the pandemic. the police intervened to enforce public TO THE POINT WHERE The first Covid-19 case in a hotspot health measures and some such inter- was recorded in Moria camp on the island ventions turned disproportionately and ORGANISATIONS of Lesvos in early September. The camp unjustifiably violent.15 OPERATING ON THE was immediately quarantined, and a Since the election of the new govern- couple of days later it burned to the ment, which came into power with an GREEK ISLANDS AND THE ground following an arson attack that was agenda promising heightened security EVROS LAND BORDER allegedly a reaction to the new, harsher and the imposition of ‘law-and-order’, restrictive measures. More than 12,000 an increasingly common and worrisome WERE ATTACKED ON were left homeless and, once again, tactic is the use of tear gas and exces- NUMEROUS OCCASIONS tensions rose between local communi- sive force by security services at demon- ties and newcomers. It remains unclear strations and protests. Police activity whether the new temporary facility on and violence has come as no surprise, gender-based violence incidents and Lesvos established by the government to including at student protests over the 110 mental health-related problems - a direct host displaced people will function as an abolition of the university asylum law, outcome of the quarantine measures. open or closed centre, raising alarm bells which prohibited police from entering In June, the government started for civil society organisations which fear university campuses;16 during a march lifting lockdown restrictions and opening that the already inhumane policies that up to tourism. For most people and busi- led to the tragedy will become more cruel. nesses life returned to normal whilst

movement restrictions continued to Restrictions to public gatherings, 14 https://www.thenationalherald.com/archive_general_ apply to hotspots and camps. At the freedom of assembly and association news_greece/arthro/hundreds_of_protesters_gathered_ time, there had been no Covid-19 cases Lockdown restrictions prevented people in_greece_s_major_cities_to_mark_may_day-273820/ 15 https://balkaninsight.com/2020/05/14/in-pandemic- from gathering in groups of more than era-greece-fighting-for-control-of-the-square/ 16 https://www.ekathimerini.com /246471/article/ 12 Access to public healthcare is directly linked to the ekathimerini/news/greek-students-protest-higher completion of an asylum applications 13 https://www.solidaritynow.org/en/restrictions/ -education-reforms

23 MARCH 2020: The 4 MAY 2020: Extension of MAY-JUNE 2020: Police 30 JULY 2020: MSF 9 SEPTEMBER 2020: Fires 7 OCTOBER 2020: Greece’s government lockdown for refugees violence intensified isolation centre for destroy Moria’s neo-Nazi party Golden introduces a general camps, where social against the first social refugees in Lesbos migrant camp, leaving Dawn is branded a lockdown to all the distancing is impos- gatherings in the public receives fines and nearly 13,000 people criminal organisa- country. sible and tensions squares. potential criminal without shelter. tion and leaders are are rising as life is charges by local sentenced to 13 years MARCH- APRIL 2020: Civil 29 JUNE 2020: The Greek 28 SEPTEMBER 2020: Greek more restricted, while authorities related to in prison. society in Greece and Minister of Citizen police accuse 33 NGO Greece’s government urban planning regula- across Europe calls to Protection tables a bill members of helping prepares the country tions. The centre is “leave nobody behind” that restricts the right migrant smugglers. to welcome tourists. forced to close. and to evacuate to freedom of peaceful overcrowded refugee assembly. camps.

ACTIVIZENSHIP #5 over the death of George Floyd;17 and at have become stricter and more costly, an anti-fascist rally on the day that the while the reporting requirements place leadership of Golden Dawn -Greece’s an unjustifiably heavy administrative NEW GRASSROOTS neo-Nazi party- has been convicted burden on NGOs. All of this has had a GROUPS EMERGED of running a criminal organisation.18It chilling effect on civil society activity. was during the same challenging times According to the Council of Europe’s TO HELP THE HOMELESS, that the government passed legisla- Expert Council on NGO Law, Greece’s ELDERLY, UNEMPLOYED tion restricting the freedom of asso- “Ministerial Decision and related legis- AND OTHER VULNERABLE ciation and assembly. A new Law (No. lative provisions should be substan- 4662/2020) followed by a Ministerial tially revised so that they are brought GROUPS AFTER SHOPS, Decision (3063/2020) regarding the in line with European standards”.19 This RESTAURANTS AND registration and certification of organ- opinion is endorsed by most organisa- isations active in the field of migration, tions working with migrants and refugees SERVICES CLOSED introduced unnecessary and dispro- in the country.20 Following a legislative portionate barriers on NGOs and was amendment, the Ministerial Decision was revised in September. The new which the police violently intervened.22 decision did not take the Expert Coun- The consultation period was equally THE CURRENT CRISIS cil’s recommendations into account, and short and inadequate, the principles of it introduced even more cumbersome necessity and proportionality were not PRESENTS CHALLENGES requirements by making the certifica- followed, and some of the law’s provi- FOR CIVIL SOCIETY tion procedure - previously optional for sions are not in accordance with inter- certain organisations -mandatory for all national human rights law endangering WHICH HAS AN migration NGOs.21 the public’s right to demonstrate. For IMPORTANT ROLE TO Another law (4370/2020) restricting instance, organisers are required to notify the right to freedom of peaceful assembly the authorities about a public assembly, 111 PLAY IN ITS RESOLUTION was passed on 9 July, following a heated which enables their dissolution. Restric- debate in the parliament and protests in tions have been imposed on simultaneous assemblies, and organisers can be held 23 adopted without adequate and timely 19 https://rm.coe.int/expert-council-conf-exp-2020-4- liable for the actions of participants. public consultation. Part of the govern- opinion-ngo-registration-greece/16809ee91d 20 https://www.solidaritynow.org/en/registration/ 22 https://www.dw.com/en/greece-protests/a-54119094 ment’s campaign to create a hostile envi- 21 https://rsaegean.org/en/greece-further-restricts-civ- 23 https://www.amnesty.org/download/Documents/ ronment for civil society organisations, il-society-supporting-refugees-and-migrants/ EUR2527062020ENGLISH.pdf the new legislation hinders organisations’ ability to undertake their work and BILL ON PUBLIC OUTDOOR ASSEMBLIES AND OTHER PROVISIONS exercise their legal right to association. Although Greece has maintained As tabled on 29 June 2020 Restrictions on the right of peaceful assembly a “Greek and Foreign NGO Members Registry” since 2018, the latest legis- Notification Requirements - Article 9 para 1(d): Authorities have great discretion to dissolve assemblies where a notification is not made. lation grants extraordinary powers to the Ministry of Migration and Asylum Regulation of Spontaneous Assemblies - Article 3 (3): Competent authorities can dissolve spontaneous assemblies if participants do not adhere to restrictions imposed on them, including around the control of NGOs, including identifying an organiser. the discretion to reject applications for registration without a clear reason. The Limitation of Counter-Demonstrations - Article 7 (1) (c) and (2): Assemblies can be prohibited if another demonstration with an opposing aim takes place in the same or area and rules governing the registration and certi- time. fication of organisations are arbitrary and Liability of the Organizers - Article 13 (2): Organisers can be held responsible for the compensation of those who have suffered harm to their life, physical integrity and property by 17 https://www.ekathimerini.com/253383/article/ekathimerini/news/demonstrators-clash-with-police-out- the participants. side-us-embassy-in-george-floyd-protest Source: Amnesty International, Greece: Amnesty International statement on bill of the Ministry of 18 https://www.ekathimerini.com/257783/article/ekathimerini/news/greek-court-rules-golden-dawn-par- Citizens Protection: “Public outdoor assemblies and other provisions”, https://www.amnesty.org/ download/Documents/EUR2527062020ENGLISH.pdf, (2020). ty-criminal-organization

STORIES FROM THE LOCKDOWN GREECE Whilst it is likely that these laws Online activities increased dramat- would have been proposed regardless ically, but not everyone had access to of the pandemic, their timing and the them. Slow or lacking internet in camps THE POLICE INTERVENED conditions under which they were passed and settlements and a dearth of digital TO ENFORCE PUBLIC call their legitimacy into question and equipment and literacy are just a few of HEALTH MEASURES expose the duplicitous nature of the the problems CSOs were scrambling to government’s agenda. resolve. In-person services, which were AND SOME SUCH in higher demand during the crisis, were INTERVENTIONS TURNED Further challenges even more difficult to carry out given the Civil society in Greece is facing signifi- lockdown restrictions. DISPROPORTIONATELY cant limitations on its ability to operate Government aggression, the paucity AND UNJUSTIFIABLY during the pandemic. Once the country of funding and lockdown restrictions went into lockdown, organisations had were already having an adverse effect VIOLENT to adapt quickly. Public services closed on CSOs when the pandemic hit, and down or were reduced, leaving the they were forced to adapt their services. burden of support on NGOs. Where Uncertainty surrounding the sustaina- is necessary, especially in the face of a feasible, CSOs had to promptly move bility of existing funding schemes and potential second coronavirus wave. their services online, usually with no severe delays in the agreement of the additional resources. Organisations Multiannual Financial Framework (MFF) PATHWAYS TO RECOVERY worked round the clock during the first -the EU’s long term budget- for 2021- Despite the challenges, there have also weeks of the lockdown to map needs and 2027, due to the pandemic among other been positive developments. Online transfer their work to the digital envi- reasons, make it difficult to plan ahead civic engagement increased dramati- ronment - from language and employ- and allocate resources for new activities. cally, especially dissemination of infor- ability courses to legal aid and psycho- The new MFF proposal which was finally mation about weathering the lockdown social support. Keeping people in need agreed in July allocated funds to address and how the government was confronting 112 informed about Covid-19 developments the health crisis24 and was welcomed the crisis. Covid-19 also sparked a surge and related measures was challenging -the by civil society. At the same time, there of volunteering and community organ- Greek government does not have a robust are concerns that these funds may not ising at the local level; new grassroots system through which to disseminate reach those groups that are suffering groups emerged to help the homeless, information online, nor does it provide the most from the pandemic since civil elderly, unemployed and other vulner- translations even of urgent announce- society in Greece is not involved in the able groups after shops, restaurants and ments. For newcomers who do not speak planning and monitoring of EU funded services closed. Greek, this brought added stress, fines, programmes according to the partner- Positive initiatives to ensure the and risk. ship principle. respect of fundamental rights were also Government and civil society have adopted by public authorities. At the local failed to open a constructive dialogue, level, new shelters opened their doors IT WAS DURING THE resulting in a lack of action by the govern- to the homeless, offering immediate ment to protect the sector from the help, free meals and support services. SAME CHALLENGING pandemic’s negative impacts. General CSOs’ role in establishing shelters and TIMES THAT THE measures to alleviate economic hardship offering services, sharing know-how and such as an extension on tax deadlines and providing personnel was crucial. At the GOVERNMENT loan payments; flexible work arrange- national level, previously announced PASSED LEGISLATION ments; and the provision of special- forced exits of thousands of recog- purpose leave for workers were helpful. nised refugees from accommodation RESTRICTING However, a targeted approach tailored schemes were paused until the end of THE FREEDOM OF for the third sector and its beneficiaries the lockdown; 25 tenants unable to work ASSOCIATION AND were offered reduced rents; banks were 25 Unfortunately, the issue reoccurred after the ASSEMBLY 24 https://www.consilium.europa.eu/en/infographics/ lifting of the lockdown measures https://www.soli- recovery-plan-mff-2021-2027/ daritynow.org/en/exits/

ACTIVIZENSHIP #5 instructed to freeze mortgage payments; and selected public services went online making social benefits and pharmaceu- tical services accessible. On their own, these initiatives are not sufficient to cover the requirements of people in need. Yet they are an entry point for further support work at the local, regional and national levels and more systematic collaboration between public authorities and CSOs.

CONCLUSION The current crisis presents challenges for civil society which has an important role to play in its resolution. It had to find new and creative ways to assist the most vulnerable whilst making sure that fundamental rights are respected. Restrictions on movement and other extraordinary measures that governments are taking to stop the spread of Covid-19 limit these rights, making the work of civil society both more difficult and crucial. Like with all crises, however, there 113 are also new opportunities for civil society. With people more likely to mobilise around health issues, the time is ripe for building new alliances, gaining support and holding the government accountable for its actions. It is also time for civil society to seek opportunities to start building an effective, long-term dialogue with government, which is long overdue and the best path forward.

Case study updated to 28 October 2020.

STORIES FROM THE LOCKDOWN GREECE We are the refugee and migrant communities. We are on the field with the refugee population that resides in camps and other facilities. We are witnessing people suffering in the streets. The situation caused by COVID-19 is multidimensional and there are aspects of it that remain invisible to the wider society. Many of us, refugees and migrants, lost their job and cannot resume it because of the lockdown in many cases. Since the very beginning of this crisis we have mapped down the people’s problems, in cooperation with refugee and migrant communities. We have bought hundreds of vouchers of and we gave the opportunity to families and individuals to buy what they need, prioritising their own needs. The Greek Forum of Refugees also supported self-advocacy and self-organising initiatives in order to support and stand by the most vulnerable and people affected by the lockdown. We empower their voices in order to raise awareness of the atrocious conditions they face, to the wider public and, 114 especially, to the decision makers and CSOs.

Greek Forum of Refugees

ACTIVIZENSHIP #5 PROTECTING THE MOST VULNERABLE MEANS PROTECTING US ALL

Migrants and refugees’ communities want to be part 115 of the discussion on the solutions

Interview with Moussa Sangaré, Ivorian Community of Greece, Greek Forum of Refugees

Can you tell us about the also on the solutions. We advocate for European, international … for that reason Ivorian Community of Greece the rights of the Ivorian people and of the Ivorian Community of Greece joined and the Greek Forum of our members on many issues: discrimina- the Greek Forum of Refugees and, a Refugees? tion, employability, housing, integration, few months later, I was elected to be a The Ivorian Community of Greece is a education…Because we are very diverse member of the Board at Greek Forum community organisation composed for with different needs, we are working on of Refugees. Now I am the Vice-pres- the majority by people from the Ivory many issues, not only on a specific one. I ident of the Forum. Inside the Greek Coast - my country - but in the statute am a person of action rather than words, Forum of Refugees, we have different we are open to everyone; we welcome so it is difficult to list all the actions I did! communities , such as the communities any nationality without discrimination. One day, I learned from one member from the Ivory Coast, from both Congo- We have some members from European of our community about the organisa- Kinshasa (Ed.: the Democratic Republic countries or from other countries in tion called ‘Greek Forum of Refugees’ Africa. We are a diverse organisation, but that works with migrants and refugees’ the aim is to promote the Ivorian culture communities, for the self-advocacy of ANYWHERE THERE in Greece and to work for the integration these communities. Since I believe that of Ivorian people in Greece. We support when we are together, we are stronger IS TO ADVOCATE FOR our members with anything they need. and we can do anything, I want to have RIGHTS, WE ARE THERE We do not only work on problems, but networks on every level: national,

STORIES FROM THE LOCKDOWN GREECE governments there targeted Muslims I felt that at any time I could be arrested of the Ivory Coast as rebels or foreigners. [Ed.: by the police] or killed [Ed.: by the One of the reasons of the war in my far-right squads]. That is then that my country was ethnic discrimination. I desire to be an activist started to grow lost a lot of people close to me during more and more. I started to learn about the war and I left my country. And it how things were going in Greece. Back was another reason for me to remain then, there was no organisation, no an activist. community for Ivorians. So, I decided When I arrived in Greece in 2012, I to change this so that we can face all was arrested by the police at the borders the difficulties here in Greece together and I was sent with other people in a as a community. I am still trying to learn detention centre (in jail). I truly believe how to change things, how to advocate that the people who make the laws on for change. Moussa Sangaré the detention of refugees and immigrants do not respect human rights. They certainly do not have an educa- of the Congo) and Congo-Brazzaville tion on the value of the human being; WE, MIGRANTS AND (Ed.: the Republic of the Congo), from they sign some documents, but they do REFUGEES, DO NOT Afghanistan, Burundi.. We are involved not know what happens outside of their WANT TO BE ONLY in many issues: the rights of refugees, of offices. Maybe they even think it is the migrants, of Greek people, of humans… right thing to do. I was in detention for BENEFICIARIES OF Anywhere there is to advocate for rights, seven months; it was very difficult. Then, SERVICES OF THE we are there. We communicate with the thanks to my phone, I found a lawyer Greek Government because we believe online and I proved to her that I came GOVERNMENT OR NGOS. it is key to finding solutions. It is true to Greece because I was in danger in my 116 WE ALSO WANT that there are problems in Greece. But country. She went to Court and the Court we, migrants and refugees, do not want decided to release me. I came to Athens, TO GIVE OUR POINT to be only beneficiaries of services of the and that was also difficult because at that OF VIEWS AND HELP government or NGOs. We also want to time the Golden Dawn Party members give our point of views and help to find were attacking and killing refugees and TO FIND SOLUTIONS solutions. We have to do things together. migrants1. I was afraid to go out because

What pushes you to be an 1 “Since its establishment in 2011, the Racist violence How has the pandemic activist in Greece and what is recording network has repeatedly sounded the alarm impacted your community and over the dramatic increase in the number of racist it like to be a refugee activist attacks and how they were carried out. According to your activism? in the country? the victims’ testimonies, the most common practice, Since I founded the organisation in 2018, especially between 2009 and 2013, was for “patrolling” I think I was born an activist. In reality, of organized black-clad pedestrians or motorcyclists I have done many actions - as I said I am my activism did not start in Greece, it as self-appointed hit squads attacking refugees and a man of action. So, when the pandemic migrants on the streets, squares, or at public transport started when I was born. I never wanted stops. In several cases of particularly brutal attacks, started, I had many contacts and many to see injustice, poverty and human rights the victims identified among the perpetrators, people people came to me asking how they could associated with Golden Dawn, who were bearing its not being respected. I started from my distinctive insignia.” Racist violence recording network, help. But, to support my community, I family, from my neighbours. When I was 15 January 2020, http://rvrn.org/2020/01/racist-vio- needed to learn what the needs of our lence-recording-network-justice-to-uphold-the-rule- given money to go to school, I used this of-law-in-greece/. In 2013, several representatives members were. money to help poor children, who did not and people associated with the Golden Dawn were When I learned that the first case arrested and tried in Court for the case of the murder have shoes or food for example, while I of Pavlos Fyssas, the case of attempted murder and of COVID-19 happened in Thessaloniki, was also a child. attacks on Egyptian fishermen, as well as the case of I used our platform to quickly inform In my country (the Ivory Coast), attempted murder against the trade unionists from the members of the community about PAME (Trade Union Front). Civil society reported that there is also a problem of ethnic discrim- hate crimes and attacks have decreased around the what the virus was, what we had to do ination. I come from the North, I am time the Golden Dawn trial started. Read more: Racist and what we had to avoid doing. I shared violence recording network http://rvrn.org/; Golden a Muslim, and when I was little, the Dawn Watch https://goldendawnwatch.org/?lang=en. the news from the Greek government

ACTIVIZENSHIP #5 about what was happening in Greece and also in the world. Every week, I had video calls with members of my community to ask what I could do for them as the President and what we could do together as a community. A big issue was that many members had lost their jobs; this was the case for many people in Greece. Their first need was to survive inside the house, to find food. We had a meeting inside the Greek Forum of Refugees, and we decided to start fundraising online to collect money and provide vouchers so that people could buy food. We raised over 5000 Euro. We bought a lot of vouchers from the supermarket and distributed them to different communities and to homeless people without discrimination. Other organisations also helped. Some members of my community could not go out during the pandemic because they do not have documents, so I went with my car to buy groceries for them. I was going outside every day to find solutions for 117 my community. I had a lot of positive feedback from them. The Greek Forum of Refugee did not keep these vouchers only inside community members, we helped anyone who needed help! We post-COVID-19 institutional shared everything with other commu- and societal response? nities from Mali, Guinea… We also have I THINK THAT MANY Now we know that ‘we are in the same boat’ an African solidarity group with commu- PEOPLE NOW - this is an expression that I like to use a nities from six countries now. We did lot! It means that the Coronavirus does not want to only focus on one commu- UNDERSTAND THAT not discriminate. In face of the virus, we nity, we wanted to focus on all people in SECURITY OF REFUGEES are all the same. And I think that many need. So we also helped homeless people AND MIGRANTS MEANS people now understand that security of regardless of their identity. refugees and migrants means security for SECURITY FOR ALL all. So, we should work all together for a Are you and other migrants better future. Through cooperation we and refugees’ communities can change things. In the past, there was also organised transnationally? Do you think that the a lot of violence but it decreased thanks I am not in contact with other commu- European Union can be an ally to the work of civil society. What was nities outside Greece, except for other in your struggle? In what way? happening in 2012 cannot happen now. I Ivorian diaspora communities. But we are Yes, the European Union can do much appreciate what civil society does in part of some big organisation in Brussels, better. The problem is the willingness. Europe and everywhere in the world. If for example I am a Board member of we continue these actions, we will all have PICUM [Ed.: the Platform for Interna- What lessons can be learned a better life. tional Cooperation on Undocumented from this initiative that The interview was carried out on 8 July 2020. Migrants]. can potentially inform a

STORIES FROM THE LOCKDOWN GREECE

IRELAND 119

STORIES FROM THE LOCKDOWN IRELAND Civic space in Ireland is rated “Open” on the CIVICUS Monitor. ivil society in Ireland is very diverse, ranging from informal local groups to formally- C registered national charities or quasi- public bodies, like universities and hospitals. It was greatly affected by the decade of social and economic crisis following 2008. Due to the policies of austerity, the public support to the sector dropped by 41% between 2008 and 2014.1 The state remains the primary funder for many organisations. While civic actors are active in the political life of the country, state funding has prioritised (and has sometimes been

120 restricted to) service provision over advocacy work. In this context, as elsewhere in Europe, the Irish charity sector was hugely impacted by the COVID-19 crisis, with a drop in fundraised income amounting to 445 million Euro. While the Government is among the few in Europe to provide a special fund for charities, the situation for many organisations remains precarious. Despite the difficulties, civic actors continue playing a vital role whether delivering services to the population or advocating and keeping the Government accountable. The current crisis also opens opportunities to reinforce the partnership between the sector and authorities.

1 EU FRA, Challenges facing civil society organisations working on human rights in the EU (January 2018): https://fra.europa.eu/sites/default/files/fra_uploads/fra-2018-challenges-facing-civil-society_en.pdf.

ACTIVIZENSHIP #5 THE SECTOR IN NUMBERS Population of the country (2019) Number of people employed by charitable organisations 4,92 Million (2018) Number of Non-Profits (2020): Over 190,000 Employees 32,841 Number of volunteers (2018) Over 500,000 operational volunteers can be mobilised At the end of 2019, the number of charities was SOURCE: THE WHEEL 10,470 (+715 since 2018) SOURCE: BENEFACTS, IRELAND’S NONPROFIT SECTOR 2020

Friendly societies, cooperatives, industrial societies, political parties or charter bodies 2% Number and Unincorporated associations* Primary or secondary schools percentage of non- 56% 12% profit entities by legal Incorporated companies form (2020) 30%

*AN UNINCORPORATED CHARITY IS ONE THAT IS REGULATED BY THE CHARITIES REGULATOR BUT HAS NO INSTITUTIONAL STATUS IN LAW – FOR EXAMPLE A SOCIETY OR ASSOCIATION. SOURCE: BENEFACTS, IRELAND’S NONPROFIT SECTOR 2020

DISTRIBUTION OF NON-PROFITS BY FIELD OF ACTIVITY (2020)

Professional, vocational 3% Arts, culture, media Religion 6% 14% Recreation, sports International 17% 1,5% Education, research Philanthropy 15,5% 2% Health Advocacy, law, politics 3,5% 1% Social services Environment 10,5% 5% Local development, housing 21% SOURCE: BENEFACTS, IRELAND’S NONPROFIT SECTOR 2020

THE ECONOMIC WEIGHT OF THE SECTOR (2018) Reported total income of charitable organisations 14.5 billion euros (8.3 Billion if health and Unreported education organisations are excluded; 2,617 18% 16 billion euros estimated if account is taken Reported Government Other income by source of charitable organisations who did not report 1,406 and Public Bodies (€ Million) 7,691 their financial data) 9,7% 53% Philanthropy / Donations Total 965 14,514 % of the national GDP (2018) 6,65%* 16 billion euros = 5.8% of GDP Trading SOURCE: INDECON, REGISTERED IRISH CHARITIES 1,835 - SOCIAL AND ECONOMIC IMPACT REPORT (2018) 12,65% * THERE IS A TENDENCY TOWARDS CONTRACTION OF THE CONTRIBUTION OF PHILANTHROPY. CIVIL LIBERTIES ARE CRASH- TESTED DURING THE PANDEMIC The vital role of civic advocacy

By Deirdre Ní Cheallacháin, Irish Council for Civil Liberties 122

CIVIL SOCIETY IN IRELAND: 2014 to improve accountability and trans- negotiations on UN Human Rights AN OVERVIEW parency in the non-profit sector under Council resolutions on the creation of The role that civil society plays in Irish the Charities’ Act 2009. Stronger gover- a safe and enabling environment for civil life is significant; through service provi- nance practices and increased powers society in recent years.7 While this proac- sion, through awareness campaigns and granted to the Charities’ Regulator (to tive engagement is viewed as positive by advocacy. Civil society has also contrib- demand information, to investigate and Irish civil society, there is a pressing need uted to public debate during recent refer- to issue sanctions from organisations) for the principles Ireland promotes inter- endum campaigns in Ireland1. In the 2015 have been introduced to increase public nationally to be fully applied domestically same-sex marriage referendum, three civil trust4 in the sector following a series of as there are significant regulatory restric- society organisations coordinated the Yes expenses scandals involving non-profit tions impacting civil society freedom in Equality: The Campaign for Civil Marriage organisations5. Ireland. Many Irish organisations receive Equality campaign2 and a formal alliance Human rights is a “signature” Irish state funding which can cause issues in of civil society formed during the refer- foreign policy priority6 and Irish diplo- terms of advocacy due to restrictions endum campaign on the constitutional mats have also led the drafting and outlined in statutory service level agree- ban on abortion in 2018, Together for ments and grant agreements. It has been 3 4 Charities Regulator Annual Report 2019 https:// Yes. Key developments in the civil society www.charitiesregulator.ie/media/1947/charities-reg- reported that state agencies increasingly space in recent years include the estab- ulator-annual-report-2019.pdf (July 2020). lishment of The Charities’ Regulator in 5 Charities Institute Ireland, Charities 2037 : A report from amárach research (December 2017) https:// 7 Human Rights Council Resolution 24/21: Civil static1.squarespace.com/static/57ff6b30bebafba9d- society space: creating and maintaining, in law and 1 The Citizens’ Assembly model, were used as a deliber- 10c7dcd/t/5b28ed2eaa4a996a288e8d9c/1529408815482/ in practice, a safe and enabling environment, A/HRC/ ative forum as key steps towards the two referendums. CII%2BCHARITIES%2B2037%2B%281%29.pdf RES/24/21 (2013); Human Rights Council Resolution 2 https://www.iccl.ie/archive/yes-equality-the-cam- 6 Global Ireland: Ireland’s Global Footprint to 2025 27/31: Civil Society Space, A/HRC/RES/27/31 (2014); paign-for-civil-marriage-equality-formally-launches/ (Government of Ireland): https://www.gov.ie/en/ Human Rights Council Resolution 38/12: Civil Society 3 https://www.nwci.ie/discover/member_detail/ campaigns/09371607-taoiseach-launches-global-ire- Space: Engagement with International and Regional coalition_to_repeal_the_8th land-irelands-global-footprint-to-2025/ 65 Organisations” (2018).

ACTIVIZENSHIP #5 even outside of the electoral and refer- COVID-19: THE STATE endum context. In 2017, Amnesty Inter- RESPONSE CIVIL SOCIETY HAS national Ireland was compelled to initiate Under the Irish Constitution, an official ALSO CONTRIBUTED TO judicial review proceedings following an state of emergency can only be declared PUBLIC DEBATE DURING order by the Standards in Public Office during times of war or armed rebel- Commission (SIPOC), the regulatory lion. However, the Health (Preserva- RECENT REFERENDUM body tasked with overseeing compli- tion and Protection and other Emer- CAMPAIGNS IN IRELAND ance with the Electoral Act, to return gency Measures in the Public Interest) a grant received from the Open Society Act 2020, which came into effect on 20 Foundation for a reproductive health March11, confers power on the Minister of stipulate that state funds cannot be used campaign. While SIPOC accepted that Health to introduce Regulations to intro- for advocacy purposes.8 its process was “procedurally flawed”,9 duce any measure that he deems neces- Section 22 of the Electoral Act the fact that Amnesty was compelled to sary in response to the spread of COVID- 1997 (as amended) prohibits any “third launch proceedings illustrates the impact 19. The Act thereby gave express power party” from receiving donations from the Electoral Act’s current wording is to the Minister to restrict the right to abroad and significantly restricts the having on CSOs seeking to engage in liberty, freedom of movement, associa- use of domestic donations for “polit- public policy discussions in Ireland. The tion and assembly. The first draft of the ical purposes”. Due to the broad defi- Irish Council for Civil Liberties (ICCL) nition of “political purposes”, the Act’s coordinates an alliance of organisations third party provisions have been increas- entitled The Coalition for Civil Society DUE TO THE BROAD ingly applied to human rights campaigns Freedom, which works to address regu- conducted by CSOs, including on repro- latory restrictions impacting the civil DEFINITION OF ductive rights and the right to education, society space in Ireland, and is actively “POLITICAL PURPOSES”, campaigning for Electoral Act reform THE ACT’S THIRD PARTY 8 The Wheel, The Sector’s Lobbying role, (August to address the impact of the Electoral 2018): https://www.wheel.ie/policy-and-research/ 123 issues/sectors-lobbying-role Act’s third party provisions on freedom of PROVISIONS HAVE association and freedom of expression.10 BEEN INCREASINGLY The Irish Council for Civil Liberties Additionally, the advancement of (ICCL) is Ireland’s leading independent human rights is not listed as a char- APPLIED TO HUMAN human rights non-governmental itable purpose under the Charities’ RIGHTS CAMPAIGNS organisation, which monitors, educates Act 2009 which means that human and campaigns in order to secure the full enjoyment of human rights for everyone. rights organisations which do not have CONDUCTED BY CSOS The ICCL is an entirely independent another charitable purpose cannot avail organisation and does not rely on of the advantages attached to chari- government support or funding. Since table status. The position is anomalous law would also have afforded the Govern- it became clear in mid-March 2020 that among common law jurisdictions, with ment the power to determine how long the Irish Government would introduce unprecedented emergency legislation in the equivalent Acts in England, Wales and the emergency lasted by giving the Minis- response to the public health crisis, ICCL has Northern Ireland all containing specific ters for Health and Public Expenditure the been working to ensure the public health references to human rights as a statu- ability to extend the period. 12 However, response complied with human rights tory charitable purpose. The reasons for the ICCL successfully campaigned for principles, including by assessing emergency measures and powers introduced and this omission in the Act have never been a sunset clause to be included, whereby calling on the Government to avail of the made clear. any extension would need approval from avenues open in this regard to assess the the Oireachtas (the Irish legislature). The potential human rights impact. ICCL has been at the centre of public discussion and political debate on the impact of these 11 Note that a general election took place on 8 February restrictions on human rights, most notably 2020. Government formation talks culminated in 9 https://www.amnesty.ie/amnesty-welcomes-quash- the formation of a three-party coalition on 27 June. on the restrictions placed on the right to ing-of-sipos-decision-on-osf-grant/ The caretaker government conducted the COVID-19 freedom of movement, the right to freedom 10 Coalition for civil society freedom, Statement response since the first case was reported in Ireland of association and assembly, and the right on the electoral act, https://www.iccl.ie/wp-con- on 29 February. to privacy. tent/uploads/2018/12/COALITION- STATEMENT- 12 https://www.iccl.ie/wp-content/uploads/2020/03/ ELECTORAL-ACT.pdf ICCL-analysis-emergency-COVID19-legislation.pdf

STORIES FROM THE LOCKDOWN IRELAND powers to introduce regulations under movement and gatherings in three the Act will now expire on 9 November. counties - Laois, Offaly and Kildare - for The sweeping nationwide restric- THERE IS A 2 weeks. These Regulations contained tions on movement and gatherings PRESSING NEED FOR penal provisions in relation to gatherings announced on 27 March became legally THE PRINCIPLES (6 indoors and 15 outdoors) and certain enforceable on 8 April when Regula- business services. tions signed by the then Health Minister IRELAND PROMOTES A criminal investigation is reported came into effect, conferring extraor- INTERNATIONALLY TO to be underway on the basis of revelations dinary powers on gardaí (the Irish on 20 August that senior State repre- Police) to enforce the restrictions. The BE FULLY APPLIED sentatives attended an 80 person indoor DOMESTICALLY AS event, in breach of the above-mentioned Regulations on indoor gatherings.14 These THERE ARE SIGNIFICANT revelations have significantly under- REGULATORY mined the public health messaging and public confidence in the Government, RESTRICTIONS especially as these revelations emerged IMPACTING CIVIL mere days after the announcement of the intention to introduce new Regulations SOCIETY FREEDOM providing additional policing powers of IN IRELAND enforcement.15 In mid-September, the government THE AUTHOR unveiled a 5-level plan for living with regulations foresaw penalties of up to COVID-19 for the next 6 to 9 months. Deirdre is Policy Officer a €2,500 fine or/and up to 6 months in Since 21 October, all 26 counties in the at the ICCL, co-ordinating prison for breaching these restrictions. Irish Republic have been on level 5, 124 a programme of work on democratic rights and civil The new gardaí powers were retained until 1 December. People can be fined society freedom. She is the in three subsequent sets of Regulations for being beyond a 5km radius of their ICCL’s principal lead in the and were not ceased until 8 June.13 The home and for not wearing a facemask Coalition for Civil Society ICCL had continuously questioned the where required. The ICCL has opposed Freedom, a coalition of civil necessity and proportionality of the use the fines system on the basis that it is not society organisations working of criminal sanctions to enforce public effective in ensuring compliance, dispro- on issues related to freedom health guidelines, especially given the portionately impacts the socio-econom- of association. Deirdre has high levels of public compliance, and ically disadvantaged and is expensive to previously worked in various the lack of evidence that criminalisation administer.16 policy roles, at the Permanent and prosecution are justified or likely to The approach of An Garda Síochána Representation of Ireland to be effective. (the Gardaí – national police) has been the Council of Europe, the Although the subsequent sets of to promote public health by a process of Institute of International and European Affairs and the Regulations (8-29 June, 29 June-20 July, Engage, Educate, Encourage and Enforce. European Commission, as well 20 July-10 August and 10-31 August) have We at the ICCL are particularly encour- as in the private sector. She has been less invasive, they still contained aged by the Garda commitment to the carried out advocacy work with criminal penalties for the organiser of an “sparing use” of powers of enforcement. various NGOs, such as Amnesty event exceeding 50 people indoors and The Emergency Measures In The and Standing Voice, through 200 people outdoors. The Health (Pres- Public Interest (Covid-19) Act 2020 organising seminars, fundraising ervation and Protection and other Emer- and awareness campaigns. 14 https://www.irishexaminer.com/news/arid-40035389. gency Measures in the Public Interest) html Deirdre holds an LLM in Human Act 2020 also provides for the designa- 15 The ICCL has issued a statement expressing oppo- Rights Law from the Irish Centre tion of affected areas of infection, and sition to their introduction and reiterating our posi- for Human Rights (NUI Galway) tion that public health advice should be consent and Regulations were in force restricting education-based: https://www.iccl.ie/news/iccl-calls- and a BA Honours from Trinity on-government-not-to-reintroduce-garda-powers/ College Dublin. 16 https://www.iccl.ie/wp-content/uploads/2020/10/ 13 12 April-5 May; 5-18 May; 18 May-8 June. ICCL-letter-to-Cabinet-subcommitee-re-covid-fines.pdf

ACTIVIZENSHIP #5 amended The Mental Health Act 2001, from spitting at Gardaí. However, they allowing medical officers to detain indi- THE ICCL HAS ALSO have been called “anti-spit guards” by the viduals whom they believe in ‘good faith’ authorities and the media, which gives to be a potential source of infection and CALLED FOR PROTEST the false impression that a spit hood was enacted on 27 March. Due to the TO BE PERMITTED is a protective device worn by officers. significant impact these powers have Their use may constitute inhumane and on the right to liberty, the ICCL raised DURING THE PANDEMIC degrading treatment. Additionally, their concerns that numerous safeguards WHERE PUBLIC effectiveness in preventing the spread were not included, namely that deten- of the disease has been questioned, not tion should be necessary (not just appro- HEALTH MEASURES least by the Police Service of Northern priate), a stronger review and appeals ARE COMPLIED WITH Ireland.21 Figures indicate that they were process and the right to an advocate for used 84 times between 8 April and 27 people who may not have full capacity June 2020.22 to advocate for themselves.17 T POLICING IN THE PANDEMIC Between 8 April, when the first set his Act initially contained a sunset Historically, the ICCL has played a key of Regulations came into effect, and 11 clause of 9 November. A legal challenge role in monitoring policing in Ireland.20 July 2020, Gardaí had invoked powers against these laws, claiming that they The emergency legislation significantly under the Regulations 353 times (out of were unconstitutional and dispropor- expanded police powers. It gave the more than a million interactions with tionate, was dismissed by the High Court police additional powers of arrest where the public). These include both inci- in May.18 The powers under part 3 of this a person refused to comply with the dents without arrest where name and Act have since been extended until 9 June Regulations restricting movement and address details were taken (for consul- 2021, following parliamentary debates on gatherings. There were numerous issues tation with the Director of Public Prose- 22/23 October. The ICCL raised concerns in relation to over-policing during the about the time allocated to this debate, pandemic, including reports of stop and given the wide-ranging powers part 3 searches that went beyond lawful powers, THE EMERGENCY 125 affords the Minister for Health to restrict ungrounded requests for IDs and the fundamental freedoms.19 presence of armed gardaí (Irish police) LEGISLATION at checkpoints. While An Garda Síochána SIGNIFICANTLY is traditionally a largely unarmed community-based policing organisation, the EXPANDED POLICE pandemic in fact exposed what appears POWERS to be a growing trend in the use of armed

17 https://www.iccl.ie/wp-content/uploads/2020/03/ officers around the country, despite the ICCL-Explanatory-Note-on-Emergency-Measures- absence of rigorous democratic debate cutions on the decision to issue charges) in-the-Public-Interest.pdf 23 18 Judgment of the High Court of 13 May 2020, O’Doherty on this issue. The ICCL has questioned and arrests. & Waters v. Minister for Health & Attorney General. the use of armed Gardaí at checkpoints 19 https://www.iccl.ie/news/iccl-opposes-attempt-to-steamroll-emergency-legislation-through-dail/ designed to support the public health THE RIGHT TO PROTEST effort. IN THE PANDEMIC Reports that the Gardaí had ordered With regards to Freedom of peaceful THE APPROACH OF AN 16,000 spit hoods for use during the assembly, the government and An Garda pandemic also gave rise to alarm. A spit Síochána are generally supportive of GARDA SÍOCHÁNA HAS hood is a full hood that covers the head large protests but, when it comes to BEEN TO PROMOTE and face of individuals to prevent them protesters living on the margins of society

PUBLIC HEALTH BY A 20 The recognition of this role is evident in a letter sent 21 https://www.amnesty.ie/gardais-use-of-spit-hoods- by the Department of Justice to the Policing Authority may-increase-risks-of-spread-of-covid-19/ PROCESS OF ENGAGE, advising consultation with civil society, including an 22 https://www.irishtimes.com/news/crime-and-law/ express reference to the ICCL, on their assessment coronavirus-garda%C3%AD-to-receive-controversial- of the use of policing powers: http://www.justice.ie/ spit-hoods-during-crisis-1.4212183; http://www.justice. EDUCATE, ENCOURAGE en/JELR/Letter_from_the_Minister_for_Justice_and_ ie/en/JELR/Pages/Information_regarding_the_Justice_ Equality_to_the_Policing_Authority.pdf/Files/Letter_ Sector_COVID-19_plans AND ENFORCE from_the_Minister_for_Justice_and_Equality_to_the_ 23 http://www.justice.ie/en/JELR/Pages/Information_ Policing_Authority.pdf regarding_the_Justice_Sector_COVID-19_plans

STORIES FROM THE LOCKDOWN IRELAND inspire confidence in citizens and protect Ireland a criminal offence and the State a precious touchstone of our democracy.26 has given assurances that data collected A GROUP OF The ICCL has voiced concern at will not be stored for longer than 28 days. CIVIL SOCIETY reports that the organisers of the Black These Regulations have been extended Lives Matter protest on 6 June were being on numerous occasions. While self-isola- REPRESENTATIVES investigated under the Regulations. An tion for 14 days upon arrival in Ireland is AND ACADEMICS HAS Garda Síochána has confirmed that a file a public health guidance, it is not legally BEEN ADVOCATING FOR was sent to the Director of Public Pros- enforceable. The ICCL deems the State’s ecutions in early October. decision not to introduce a centralised THE DEVELOPMENT We have also been concerned by mandatory system of quarantine to be AND DEPLOYMENT OF violent incidents at anti-mask protests in prudent and believes that the Gardaí August and September in which counter- should have no role in enforcing public AN APP WITH HUMAN protesters were attacked. We wrote to health guidance. RIGHTS PRINCIPLES the Garda (Police) Commissioner reit- In late July, it also emerged that erating the Garda duty to facilitate people had their Pandemic Unem- peaceful protest and to protect peaceful ployment Payment (PUP) cut off by or protesting outside of the media spot- protesters. the Department of Social Protection light (for example, sit-ins against evic- because they had taken holidays (in tions), the garda and state response can SURVEILLANCE ISSUES some instances, people had made travel be much more heavy-handed. The ICCL DURING THE PANDEMIC reservations but had not travelled). The has recommended an expanded definition Since the Health Service Executive’s ICCL has questioned the lawfulness of of what constitutes a protest to ensure the announcement that a COVID-19 tracking the measures, how the information right to protest is fully enjoyed, including app would be launched, a group of civil was obtained, and their discriminatory at protests which do not meet the “tradi- society representatives and academics has impact. The Data Protection Commission tional” notions of a protest.24 been advocating for the development and has also raised “serious doubts” regarding 126 The ICCL has also called for protest deployment of an app with human rights the lawfulness of the Department’s to be permitted during the pandemic principles and robust privacy protec- blanket surveillance of people travel- where public health measures are tions at its core.27 CSOs have continued ling to certain destinations under the complied with.25 The Regulations to constructively question and assess the Social Welfare Acts 2005 and has sought restricting freedom of movement legality and efficacy of the app.28 Although further clarity from the Department. contained a list of reasonable excuses many of our privacy concerns were taken On 17 August, it emerged through for leaving one’s home, which did not on board, the ICCL has not been in a include engaging in protest. However, position to recommend downloading this list was non-exhaustive, and gardai the app due to unaddressed issues. The CIVIL SOCIETY were afforded a degree of discretion to Data Protection Commission ruled that decide who may or may not have the right the use of drones by a local authority to ORGANISATIONS HAVE to leave their homes. In some instances, monitor compliance with the movement REPEATEDLY CALLED protests were allowed to take place, restrictions in April were unlawful as a while other groups of protesters, who data protection impact assessment had FOR A HUMAN RIGHTS were observing social distancing, were not been carried out, as required under IMPACT ASSESSMENT instructed to move on. The ICCL high- the GDPR. lighted the inconsistency in approach Regulations came into effect on 28 and urged the Government to consider May making the refusal to complete a a Freedom of Information request defining what form of protest may be passenger locator form upon arrival in submitted by a journalist that the Depart- acceptable to lend clarity to policing, ment of Justice has been carrying out 26 https://www.iccl.ie/wp-content/uploads/2020/04/ICCL- extensive social media monitoring of Protest-and-the-Emergency-Health-Regulations.pdf commentary on issues concerning the 24 https://www.iccl.ie/wp-content/uploads/2019/06 27 https://www.iccl.ie/wp-content/uploads/2020/06/ /190626-ICCL-National-Consultations-Preliminary- Principles-for-legislators-on-the-implementation-of- Department during the crisis, such as Report.pdf new-technologies.pdf on the impact of COVID-19 on those 25 https://www.iccl.ie/wp-content/uploads/2020/04/ICCL- 28 https://www.iccl.ie/2020/experts-issue-pre-release- Protest-and-the-Emergency-Health-Regulations.pdf report-card-on-the-hse-covid-19-tracker-app/ living in the direct provision system.

ACTIVIZENSHIP #5 This monitoring includes the logging of Ireland are housed. It was not announced Example of already marginalised civil society representatives’ names and until 11 August 2020 that weekly testing groups: Traveller and Roma their social media accounts. The Depart- of residents in direct provision centres communities ment has stated that it “started a new would take place, where cramped living The Traveller and Roma communi- policy of monitoring social media during facilities make adhering to public health ties in Ireland are at a disproportionate Covid-19 to improve its communications advice extremely difficult and, in some risk of infection for numerous reasons, strategy”.29 An ICCL staff member has cases, impossible. There is an urgent including on-going health inequalities; submitted a data access request to the need for own door accommodation higher rates of chronic diseases; poor Department of Justice under the GDPR and self-contained units for families to living circumstances including over- in response to the inclusion of their name mitigate against the risk of spread of the crowded living conditions which makes in the report. disease. 55% of respondents to a compre- self-isolating challenging; as well as inad- hensive survey conducted among the equate access to sanitation facilities; low THE IMPACT OF Direct Provision population by the Irish educational attainment which impacts on THE EMERGENCY the understanding of public health mate- ON VULNERABLE rials. The crisis has highlighted the poor COMMUNITIES CSOS HAVE RAISED living conditions experienced by Travel- CSOs have raised concern from the outset lers & Roma, the lack of progress made that the crisis could further disadvantage CONCERN FROM THE in implementing Traveller accommoda- certain vulnerable groups, particularly OUTSET THAT THE tion programmes, and the general lack of those living in congregated settings and national engagement with/knowledge of those already marginalised in society CRISIS COULD FURTHER the Roma in Ireland. (whether socially, economically or in DISADVANTAGE CERTAIN terms of their general health or housing THE IMPACT OF THE situations).30 While a National Public VULNERABLE GROUPS, CRISIS ON CIVIL SOCIETY’S Health Emergency Team (NPHET) ADVOCACY PARTICULARLY THOSE 127 subgroup on vulnerable people was The ICCL, together with other civil established in March to provide over- LIVING IN CONGREGATED society organisations, has repeatedly sight and assurance with regard to the SETTINGS AND THOSE called for a Human Rights Impact Assess- specific measures to be taken to protect ment to ensure the protection of those vulnerable groups and individuals in ALREADY MARGINALISED most vulnerable to the disease, as well as society,31 the underrepresentation of civil identifying those who are most impacted society was noted by civil society organi- by restrictions and accompanying garda sations, with only 3 out of the 28 members Refugee Council report that they felt powers.34 Such an assessment would also in the subgroup from the sector. unsafe during the pandemic and 50% have feed into a proper proportionality assess- been unable to socially distance them- ment as to any restrictions on rights and of Example of congregated settings: selves from other residents.32 the impact on particular groups. Concerns those living in the Direct Provision In March, one centre in Caherciveen regarding the crisis having a dispropor- system saw residents locked in the centre where tionate effect on vulnerable populations The pandemic has highlighted anew the COVID-19 cases had been confirmed. and in congregated settings were borne serious human rights violations to which A group of civil society organisations out in the nursing home sector, with over the direct provision system gives rise, and refugee law experts wrote to the half of COVID-related deaths in Ireland where most individuals seeking asylum in then Minister of Justice voicing serious occurring in this setting.35 concerns at these reports and the issues The crisis has underlined the vital 29 https://www.independent.ie/irish-news/depart- faced by those living in the system.33 importance of the advocacy role played by ment-of-justice-officials-monitor-posts-criticising-direct-provision-on-social-media-39452868.html CSOs in ensuring the needs of the most 30 https://www.communityworkireland.ie/covid-19- vulnerable are highlighted and addressed. ngo-group-marginalised-groups-and-promoting- equality-inclusion-and-human-rights-in-the-covid- 32 https://irishrefugeecouncil.eu.rit.org.uk/ crisis-a-joint-submission/ News/powerless-experiences-of-direct-provi- 34 https://www.iccl.ie/wp-content/uploads/2020/04/ 31 https://www.gov.ie/en/collection/301f5e-the-na- sion-during-the-covid-19-pandemic CSOs-letter-to-Taoiseach-calling-for-HRIA.pdf tional-public-health-emergency-team-nphet-sub- 33 https://www.iccl.ie/wp-content/uploads/2020/05/ 35 https://www.gov.ie/en/publication/3af5a-covid-19-nurs- group-vulnerable-/ Letter-closure-of-Skellig-Star-Hotel-8-May-2020.pdf ing-homes-expert-panel-final-report/

STORIES FROM THE LOCKDOWN IRELAND public health guidance, as well as the CSOs regularly take part in public guidance itself, has become increasingly consultations, carried out as part of DURING THE COVID-19 opaque. Difficulties in distinguishing the departmental policy and legislation CRISIS, NUMEROUS between public health advice and enforce- development process, and deliver pres- able statutory law have been experienced entations before Oireachtas Committees. CSOS WERE INVITED TO by the public throughout the crisis. During the COVID-19 crisis, numerous MAKE SUBMISSIONS A worrying pattern has emerged CSOs were invited to make submissions from a rule of law perspective. The texts to the Special Oireachtas Committee TO THE SPECIAL of the Regulations introduced under thematic sessions on the COVID-19 OIREACHTAS COMMITTEE the Health (Preservation and Protec- response (the Special Oireachtas tion and other Emergency Measures in Committee was established to consider THEMATIC SESSIONS ON the Public Interest) Act 2020 have been the State’s response to the pandemic and THE COVID-19 RESPONSE consistently unavailable at the point of is comprised of members of the Irish commencement on the Irish Statute Book parliament (TDs)). On 9 September, and Department of Health websites. For the ICCL took part in the session on The importance of working in partner- a legal instrument to meet the standard human rights and civil liberties consid- ship with the State while also holding of lawfulness, it must be accessible to erations upon the Committee’s invita- them to account has been manifest in those who are subject to that law. It is tion and set out 7 recommendations to the work of organisations throughout the unacceptable that the public should learn improve human rights protections in the pandemic. The ICCL continues to take about the content of laws of such far- State response to the pandemic.37 The part in the COVID-19 NGO group, coor- reaching effect from media reports and impact of our engagement throughout dinated by Community Work Ireland, after their purported commencement. the Oireachtas Special Committee’s which has been meeting regularly online remit is evidenced by the inclusion of to share experiences and to coordinate Formal civic engagement some of our recommendations in its final collective advocacy initiatives. There are numerous forms of formal civic report (e.g. that all legislation should be 128 Numerous CSOs have expressed engagement. Community and voluntary human rights proofed, the importance of frustration with regard to a lack of oppor- organisations take part in the National broad Oireachtas pre-legislative consul- tunity to consult with decision-makers Economic Dialogue, established to enable tation, and of clear and effective govern- and to input into policy decisions that their policy priorities to be discussed ment communication). impact their area of work. While some and to inform budgetary consider- Social Justice Ireland has called organisations report that their exper- ations. Public Participation Networks for the establishment of a robust social tise and experience were not availed of (PPNs) were established in 2014 to dialogue process that would enable all by the authorities and experiencing a enable community groups to connect

significantly shrunken space in which with local authorities, with the aim of 37 submission to advocate and to engage with author- “allowing diverse views and interests to be ities, others report positive experiences considered as part of the decision-making with the authorities during the crisis. process of local government”.36 A PPN is THE CRISIS HAS comprised of three pillars (community Access to information and and voluntary, environment and social UNDERLINED THE VITAL transparency during the pandemic inclusion) and the PPN’s secretariat IMPORTANCE OF THE The Department of Health initially consists of three members from each held daily public health briefings by the pillar. While there are positive examples ADVOCACY ROLE PLAYED National Public Health Emergency Team of PPNs enhancing civic participation in BY CSOS IN ENSURING (NPHET) to inform the public of the latest decision making, members of PPNs and infection and fatality figures. These brief- local representatives report the need for THE NEEDS OF THE ings now occur twice weekly. There have a greater understanding of each other’s MOST VULNERABLE also been awareness-raising campaigns specific mandate and role. on public health advice on national TV ARE HIGHLIGHTED and radio stations. However, the deci- 36 https://www.gov.ie/en/policy-information/ AND ADDRESSED sion-making process underpinning the b59ee9-community-network-groups/

ACTIVIZENSHIP #5 sectors of society to engage with Govern- ment, emphasising the crucial role of civil society in building a sustainable recovery from the public health emergency.38

CONCLUSION The crisis has highlighted the vital advocacy role played by the sector; through campaigning for a human rights- based law and policy response, through monitoring the impact of State decisions on different groups in society, and through holding the State to account. The ICCL, together with civil society colleagues, is continuing to advocate for human rights considerations to be at the centre of the State’s response to the pandemic and to campaign for retaining certain economic and social policy measures introduced in response to the crisis which have strengthened human rights protections.

The analysis is updated to 30 October 2020. On 21 October, the country placed on Level 5 of the Plan for Living with COVID. See: https://www.gov.ie/en/ press-release/66269-ireland-placed-on-level-5-of- the-plan-for-living-with-covid/. 129 38 https://www.socialjustice.ie/content/policy-issues/ robust-social-dialogue-process-could-drive-sustainable-recovery

STORIES FROM THE LOCKDOWN IRELAND “During the COVID-19 crisis, the civic sector worked alongside statutory bodies and agencies to deliver essential services to the most vulnerable in society, including older people, those with underlying medical conditions, homeless families and those requiring psychological, social and material supports. While there has been’ widespread public enthusiasm for volunteering, organisations across the community and voluntary sector have been struggling to deal with increased demand for their services coupled with a decline in fundraised and earned income. Furthermore, there is often a lack of understanding of the important role played by these existing organisations in supporting hard-to-reach populations. The Wheel, alongside 14 other organisations, secured a €40 million package of supports for community and voluntary organisations, charities and social enterprises in Ireland. This fund signifies important recognition by government of the vital work being done by organisations across civil 130 society to support the most vulnerable during the Covid-19 crisis

Lily Power, The wheel

ACTIVIZENSHIP #5 CIVIC ACTORS WERE CRUCIAL TO RESPOND TO THE CRISIS Towards a partnership approach between the State and the civic sector

Interview with Ivan Cooper, The Wheel 131

Can you tell us about The What challenges did it face in deliver essential services in the socially Wheel and your mission? providing this crucial support? isolated world. Second, how to cope The Wheel is Ireland’s representative and In Ireland, the community and voluntary with the collapse in the fundraised and support organisation for civil society - sector is a huge sector. The turnover of we sometimes refer to the sector as the these organisations is about 14 billion community and voluntary sector, but it Euro. About half of that, roughly 7 billion CIVIL SOCIETY also includes social enterprises and chari- Euro comes from fundraising that these ties. The Wheel has 1800 members organ- organisations do themselves or income ORGANISATIONS IN isations to whom we provide information, they earn every year. Similarly to many IRELAND WERE WELL advice and support. We also represent the countries in Europe, there are lots of sector’s interests to build public support essential services that the population PLACED TO FORM and to secure the optimum legislative, depends on: health services, community PART OF THE INITIAL policy and regulatory environment. We services, social services… These types of estimate that 30’000 people in Ireland services are provided by voluntary organ- RESPONSE TO SUPPORT are employed by organisations that are isations in Ireland, partly funded by the VULNERABLE PEOPLE members of the Wheel. State. When social isolation began in IN COMMUNITIES How has the civic sector been March, civic organisations faced two AROUND THE COUNTRY affected by the pandemic? significant challenges. First, how to

STORIES FROM THE LOCKDOWN IRELAND income. We pulled together a coalition of their money from the State. One of of 15 Irish membership organisations to the early things we were able to do was identify the scale of the problem and then to communicate to the state funders the to seek some governmental support for importance of signalling to the supported organisations so they could keep going organisations that they were flexible: with their activities. So, there were two so the main government partners that dimensions to this work. I was centrally provide grants to voluntary organisations involved in the second one. sent out letters saying that they would Concerning the collapse of income, honour the terms of their funding agree- we immediately opened up discussions ments even though the circumstances with the lead department in Ireland, the had changed and organisations might Department for the Rural and Commu- do different things with the money that nity Development. They told us that they had been agreed in advance. Ivan Cooper would need more information on the That was good. However, those extent of the loss for the sector. Clearly, organisations that were not receiving this was going to be a challenge: how do significant funding from the State were earned income to cover the cost of their you assemble information of the extent going to be much more severely hit. We work. Indeed, all the activities that they of an unfolding crisis in the middle of an went again to the lead department with would normally be able to do that made unfolding crisis when all of these organ- the research, backed with the results of them able to raise these funds disap- the survey that the coalition had done, peared overnight. Gathering for events describing the impact on the work of where people could make donations MANY ORGANISATIONS charities as a result of the collapse of was no longer possible: they could not the income. The Department was happy go for sponsored walks or run together, ARE REORGANISING to accept the legitimacy of the figure of they could not do collections house to 400 million Euro. 132 THEIR SERVICES AND house, they could not gather for coffee There was then a complicating mornings… there was a serious fear that HAVE BEEN DOING factor: in Ireland, as in many other there would be a major catastrophe, while SO THROUGHOUT THE countries in Europe, there have been the government was not fully aware of different schemes to support employers the extent of the crisis. CRISIS PERIOD to continue paying their employees. In Ireland, this is referred to as the Wage How has the Wheel supported subsidy scheme. The scheme applies to the sector? isations are worried about how they are charities and civil society organisations There are two aspects to what the Wheel going to continue to support people in if they can demonstrate two things: First, worked on in relations to civil society in need?! We approached some holders that they suffered a collapse of income Ireland during the pandemic. Firstly, civil of good quality information about the above 25%; second, that they are deliv- society organisations in Ireland were well typical income of the Irish charity sector, ering services deemed “essential” to placed to form part of the initial response broken down by sub-sector, over a typical local communities. This was not going to support vulnerable people in communi- year; we also conducted surveys of our to include all of the civil society organisa- ties around the country. We in the Wheel members to identify the extent of the tions: some might not have been able to collaborated with a few partner organi- fundraising collapse they anticipated show that they were going to suffer 25% sations and then worked with hundreds during that period. We did some math- income drop and many are not providing of organisations to ensure that people in ematics to identify a fairly robust esti- what the State might regard as “essen- communities, especially in rural Ireland, mation of the collapse in fundraised and tial services”. Advocacy, for example, had access to a network of individuals, earned income. That number came to 400 is sometimes not considered to be an helpers and volunteers that could help million Euro for March, April and May. essential service. The government calcu- them with their shopping and other Some organisations were going lated that when the wage subsidy scheme urgent needs. Secondly, as I said, civil to be worse hit than others. As I indi- was taken into account, the 400 million society organisations were hit very hard cated, some community and voluntary Euro income loss dropped to 125 million. by the collapse in fundraised and earned organisations get a significant amount

ACTIVIZENSHIP #5 The Department for rural and on. That involves additional costs. We community development accepted the will need to look into how much any case made by the coalition. Its job then ALTHOUGH WE individual subsector will require, and was to go and talk with all other govern- ARE A PROMINENT the main lines of communication will ment departments that also fund civil be with each sectoral need departments. society organisations: the Department ORGANISATION of Health, the Department of children, IN IRELAND, WE Will the fund for civil society the Department of education... After FORMED AN ALLIANCE support advocacy work? a two-week consideration period, the No - they must be delivering front line cabinet announced that there would be WITH ALL THE KEY services. The primary aim of the Stability a special emergency fund for charities ORGANISATIONS THAT Fund is to assist the community and in Ireland to cover the period when the voluntary organisations, charities and income was lost: the Stability fund for WORK IN CIVIL SOCIETY social enterprises who are experiencing charities for the amount of 40 million. financial difficulties due to a reduction in There was an acknowledgement by the their fundraising income and/or traded government that the 40 million Euro the context of the budget for the next income as a direct result of the COVID-19 was not the amount that was required. twelve months that the government will pandemic. Organisations must be deliv- This was just an important start. be producing in October. We will be iden- ering critical front-line services in the Civil society welcomed the scheme. tifying with our members to what extent Republic of Ireland, before the 1st January It was quickly opened, and there were civil society will be impacted in the long- 2019, to be eligible to apply. over 1200 organisations that applied for term and we will make the case with each that funding, so the need was most defi- government department to increase or What strategies has the nitely there. From the information we change the nature of the funding that Wheel put in place to leverage have from the government department, they provide to civic organisations. For support for the sector? a total application of 180 million Euro example, to continue to provide services, One important aspect was the fact that, 133 was made. some organisations have higher needs for in Ireland, the Wheel as the lead organisa- This collapse in income is going to personal protective equipment (PPE), or tion for the sector of civil society has very persist into the future. Many organisa- they need to provide employees and staff well-developed relationships with senior tions are reorganising their services and with additional technical equipment to officials in key government departments. have been doing so throughout the crisis enable them to work on-site, like laptops, A second part of the strategy was period. So phase two of this work is in computers, tablets and phones and so that we were not on our own as an organisation. Although we are a prominent THE IMPACT OF THE COVID-19 CRISIS organisation in Ireland, we formed an alliance with all the key organisations A survey by The Wheel found that: that work in civil society. We involved ɖ 48% of charities anticipate an income/funding loss of up to 75% the main umbrella organisations working ɖ 12% anticipate an income/funding loss of up to 100% by the end of 2020 with volunteers, with children and family ɖ 40% of organisations with paid staff have reduced their staff’s working hours ɖ 64% reduction in volunteers as a result of COVID–19 restrictions relations, with people with disabilities, in the area of good governance and char- Paid staff: ities… By getting all these organisations 22% reduced together into a coalition, we solved a problem for the government depart- 58% unchanged ment: like any government depart- 14% no paid staff ment, when a crisis hits, it prefers to 6% increased have one or two strong partners that it can communicate with without being ɖ 50% have experienced increased demand for their services inundated with communication from ɖ 65% reported that restrictions have reduced their abilities to deliver services many different partners. We worked very Source: The Wheel, The impact of the COVID-19 crisis, (2020), https://www.wheel.ie/sites/default/files/ hard with the members of the coalition to media/file-uploads/2020-10/MemberSurvey2020Report.pdf articulate a clear message and to give the

STORIES FROM THE LOCKDOWN IRELAND government the confidence they needed people who are experiencing poverty, was a perception that civil society had to devise a solution. No solution will ever organisations representing people with too much of an influence. So the dialogue be perfect. So when the solution came disabilities and special needs… It is usually took a step back to be just connected back, as imperfect as it was – 40 million two organisations for each of those areas to matters of economics. With the new Euro against 125 million Euro – we were in the community and voluntary sector. government in Ireland – which was nomi- able to provide leadership in our coali- There are also organisations like the nated only one month ago – the orientation so to make sure that the reaction Wheel that have pan-sectoral responsi- tion is anticipated to shift back toward in civil society was not overly negative. bilities that deal with the entire sector. a social partnership on account of the The other part of the strategy was Those organisations meet in Parliament challenges that the country now faces in to conduct a solid piece of research that about four times a year. Each of them the period ahead. Civil society stands in could stand of the scrutiny of senior engages with all government departments a good place because of the very clear government officials – and this was very in bilateral meetings two to three times perception by the government that civil difficult in the time frame that we had a year. There is good quality engagement society organisations nationally played at our disposal. People were working between civil society and policy-making a major role sustaining people during 12 to 15 hours days for weeks on end: departments in Ireland. the crisis in a way that the government on weekends, on Saint Patrick day, on In addition to that, every year, there could not do on its own. Easter holidays… The research had to be is a wider dialogue that takes place I think that during the crisis, the suitable to senior officials in government between civil society and the govern- experience of the Wheel and other organ- to go themselves to bat in front of the ment. In recent years, this has been called isations that we cooperate with, the civil Secretary-General of the central govern- the “National economic dialogue”. It dialogue was like the coming together ment funding departments. It had to be is a two days event in which all of the that can sometimes happen in the event credible for the government cabinets members of the Community and volun- of warfare or of major environmental who ultimately signed off on the provi- teering pillar plus a dozen other civil calamity. Civil society was very well sions. Quality of arguments and solidity society organisations are invited. That is placed to provide evidence and infor- of evidence was critical. an opportunity for civil society to engage mation to the government and act as 134 with senior ministers of the government a communication channel and action How does dialogue work at and talk about policy priorities for the partners for the government. Our expe- the national level? Is there an year ahead, in particular in the context rience was that there was a great will- institutional framework? And of formulation of the national budget. ingness on the side of the government was it respected during the Ten years ago, that partnership was called to listen within limits. Indeed, the crisis? “Social partnership” instead of “National government was faced with a challenge There are several components of the economic dialogue”. The shift in orien- that required them and all of their civil framework; it changed over the last 15 tation occurred as a result of percep- servants to work 12 to 15 hours a day in years. In particular, it changed from the tion at that time, twelve years ago, that the same way I just described in civil financial crisis onwards. Civil society has policy-making in Ireland had become too society. There was a real sense of every- a number of mechanisms to engage with diversified from the national assembly body pulling together both within the the central government. One of them is and had become too corporativist. There government and in civil society to reduce the community and voluntary pillar, of the impact and reorient services. which the Wheel is one member. There The much more difficult period is are 17 civil society organisations in that THE PERIOD AHEAD WILL what is coming ahead. The immediate coalition, and each of those organisations crisis has been dealt with, but there are receives some funding from the central TEST THE EXTENT TO now going to be plenty of challenges government to enable them to conduct WHICH THE TRUSTED and difficulties with lots of contending research and engage in policy discus- claims being made to the government, sions with different departments of State. RELATIONSHIP WILL and the government simply will not be Amongst those organisations, you have CONTINUE BETWEEN in the position to respond to all of those organisations working on specific policy claims. The period ahead will test the areas: children’s rights organisations, CIVIL SOCIETY extent to which the trusted relationship organisations advocating for the needs of AND THE STATE will continue between civil society and older people, organisations representing the State. Some of our members believe

ACTIVIZENSHIP #5 that despite the government saying they of solidarity and putting the public good do not intend to return to austerity, it is first. still very likely that, because of the polit- THE EU CAN BE A GREAT Although the crisis has highlighted ical reality, there might be some tough ALLY TO THE CIVIC the reach and capabilities of the sector, decisions that the government will have SECTOR BY SUPPORTING there are pervasive obstacles that inhibit to make and some that might result in the work of community and voluntary reductions to the funding of the sector. AND FOSTERING organisations such as inadequate or Looking at the positive side, we PARTNERSHIPS WITH uncertain funding, heavy compliance also think that there is scope for the requirements without administrative civil society to respond creatively. One THE PEOPLE AND supports, lack of communication and example is the collaborative work that ORGANISATIONS consultation with statutory funders. members have been engaging with. There These should be met with solutions may be some organisations to look at WHO WORK HARD such as multi-annual funding – sustained more collaborative work and, perhaps, TO ENSURE THAT and strategic resourcing of the commu- for some organisations, it might be worth nity, voluntary and charitable sector. to look into the potential for mergers. EQUALITY, FAIRNESS, Government departments should OPPORTUNITY AND increase or change the nature of the Do you think that the funding that they provide to civic organ- European Union can be an ally PARTICIPATION ARE AT isations. There should also be a shift for the civic sector? In what THE FOREFRONT OF OUR towards a more partnership approach way? to working between State and the civic Yes – absolutely. The European Union EUROPEAN WAY OF LIFE sector, and civil society should be engaged and the civic sector are natural partners in social dialogue and consultation. in that they can facilitate mutually inclu- The interview was carried out on 20 July 2020. sive values and goals. The EU values of community and charity In September a research by The Wheel showed that the drop in funding for the sector reached 135 inclusion, tolerance, justice, solidarity mobilisation that can €445 million. Read: https://www.wheel.ie/ and non-discrimination are aligned to potentially inform a post- sites/default/files/media/file-uploads/2020-10/ MemberSurvey2020Report.pdf. In October, the work of the community, voluntary COVID-19 institutional and the budget for the Covid-19 Stability Fund for and charitable organisations that put societal response? Community and Voluntary Organisations was raised to €45 million. See: https://www.charities- social-progress and the common-good The COVID-19 brought about a host of instituteireland.ie/our-blog/2020/10/15/cii-wel- on par with economic growth as indica- unprecedented challenges. In response, comes-additional-10m-for-covid-19-stability-fund. The situation remains precarious here and The tors of a healthy society. the country put people’s health and well- Wheel continues to lobby for further supports to Public participation, active citizen- being first, and the needs of the economy sustain the sector through the crisis. ship and strengthened democracy are were de-prioritised to bring the virus key movers to empowering people and under control. The network of commu- communities. With the support of the EU, nity and charity organisations played a the civic sector can be a means through key role in this response and were well which people engage with their European placed, and well connected, in commu- citizenship and participate more fully nities, to provide flexible and immediate in democracy. support and services. The essentialness The EU can be a great ally to the of these services was starkly evidenced civic sector by supporting and fostering in this crisis, and the vital role charities partnerships with the people and organ- played throughout the period has been isations who work hard to ensure that widely acknowledged by the government equality, fairness, opportunity and and the public. participation are at the forefront of our However, this recognition of the European way of life. role of the civic sector must be brought forward into statutory and wider societal What lessons can be learned consciousness in order to rebuild a better from the outstanding society based on this recent experience

STORIES FROM THE LOCKDOWN IRELAND

SLOVENIA 137

STORIES FROM THE LOCKDOWN SLOVENIA Civic space in Slovenia was downgraded from “Open” to “Narrowed” on the CIVICUS Monitor. lovenian civil society covers wide-ranging areas of action, with relatively high levels S of volunteering. Yet, CSOs have long experienced problems of limited financial and human resources, especially for advocacy. While vilification by political figures occasionally targeted civic actors, particularly in the field of environment and migration, the legislative environment significantly improved in spring 2018 when an NGO Law - among other things - defined the term “NGO” and created an NGO 138 fund1 to strengthen the sector, including the long-term employment rate. Nevertheless, a rapid deterioration of civic space and rule of law has characterised 2020, after the formation of a new right-wing Government coinciding with the declaration of the pandemic in the country. Since mid-March, the Government has repeatedly attempted and often succeeded in changing democratic rules and limiting dialogue with the sector. These moves found the opposition of civil society and citizens protesting and revitalising Slovenian civic mobilisations.

1 CIVICUS Monitor, New Ngos Law welcomed as challenges to civic space remain, https://monitor.civicus. org/updates/2018/04/04/slovenia-new-NGO-law-welcomed-umbrella-group/, (April 2018).

ACTIVIZENSHIP #5 THE SECTOR IN NUMBERS / SLOVENIA Population of the country (2020) Number of people employed by the sector (2018) 2,08 Million 8,300 persons (11.92% of the total workforce) *INSTITUTES EMPLOY MORE THAN A HALF Number of NGOs registered in the country (2020) Number of volunteers (2018) 27,996 (+ 27% compared to 2019) 61.330 volunteers (2,98% of the total population of Slovenia) *92,07% OF NGOS ARE ONLY COMPOSED OF VOLUNTEERS

Foundations 1% Number and percentage of entities Associations Private Institutes by legal form 86% 13% (2020)

THE ECONOMIC WEIGHT OF THE SECTOR Availability of public funding for the sector (2018) 333,15 Million euros (The double compared to 2003, it represents 36,29% of the total revenue of the sector) Total revenue of the sector (2018) 918 Million euros (4,9% increase compared to 2017) 1/3 is estimated to be generated by sales of services and products 67.37% was contributed by associations 17.36% of NGOs operated without profit 52.60% generated less than 50,000 euros in revenue % of the national GDP (2018) 2% SOURCE: CNVOS, NGO SECTOR: FACTS AND NUMBERS, HTTPS://WWW.CNVOS.SI/EN/ NGO-SECTOR-SLOVENIA/ ILLIBERAL GOVERNMENT TAKES OVER THE COUNTRY Core foundations of democracy are eroded

By Nika Kovač, Research Institute 8th of March 140 n 13 March, only one day after the Janša had previously served as Prime In 2018, he was also given a three-month announcement of the Covid-19 Minister from 2004 to 2008 and again suspended sentence for insulting two epidemic in Slovenia, a new from 2012 to 2013. One of the most journalists by calling them prostitutes. government was formed. Four controversial figures in Slovenian politics During the last 30 years, the SDS political parties, led by the right- since the country gained independence in party changed its ideology from social Owing Slovenian Democratic Party (SDS), the 1990s, he spent six months in prison democracy to neoliberalism to far-right had already agreed to form a coalition after having been convicted of corrup- nationalism, and it is now known for its government on 25 February. The agree- tion in an armoured vehicle deal with racism and WWII revisionism. It is also ment followed the resignation of Prime the Finnish defence company Patria. The close to Hungary’s Prime Minister Viktor Minister Marjan Šarec on 27 January, after constitutional court later overturned his Orbán. In the last few years, companies a law – which has nationalised supple- conviction due to insufficient evidence. from Orban’s sphere of influence have mental private health insurance – split poured millions of euros into SDS’s media his minority government coalition, made projects, including its publishing house of five small parties. This coalition was ON 13 MARCH, ONLY Nova obzorja and Fox news alike televi- formed after the 2018 elections: despite sion station Nova24 TV, that often smear SDS being the largest parliamentary ONE DAY AFTER THE or attack critical journalists and activ- party, other parties refused to form a ANNOUNCEMENT ists1. At the end of September, Slovenia’s coalition with the party’s leader Janez third most-viewed TV station Planet TV Janša due to his right-wing policies. OF THE COVID-19 was bought by one of the two biggest Šarec wanted his resignation to open EPIDEMIC IN SLOVENIA, Hungarian media companies, T22. the way for early elections but, instead, two parties from his coalition decided A NEW GOVERNMENT 1 https://monitor.civicus.org/updates/2018/04/04/ to enter the alliance with SDS. slovenia-new-NGO-law-welcomed-umbrella-group/ WAS FORMED 2 https://english.sta.si/2813616/telekom-recapitalis- es-planet-tv-and-completes-sale-to-hungarian-tv2-media

ACTIVIZENSHIP #5 RULING BY DECREES, Nevertheless, Prime Minister Janša process. The change enacts Article 90 of EMERGENCY LEGISLATION accused the court of being “politically the Constitution that regulates referen- AND LIMITING THE biased”5. In September, long after the dums, which had been changed during RIGHT TO REFERENDUM decree was waived, the Constitutional the financial crisis forbidding referen- PERMANENTLY Court ruled that the decree is in accord- dums on financial matters, international A state of emergency was never proclaimed ance with the Constitution. In its argu- treaties, human rights and urgent matters in Slovenia. All the measures were intro- mentation, the Government is entitled of defence, safety and natural disasters. duced on the basis of the COVID-19 In the past, similar proposals by different epidemic, declared on 12 March. Soon governments failed to gain the two-thirds after the epidemic was announced, the DURING THE LAST majority required to amend such law. Parliament suspended its regular sessions Critics pointed out that such measures for two months. The Government formed 30 YEARS, THE SDS would be prone to abuse and take away a task force that had no legal basis and PARTY CHANGED the people’s right to oppose by means whose powers were unclear. Government of a referendum. decrees that pushed the boundaries of ITS IDEOLOGY FROM The Government has continued with legality became the Government’s main SOCIAL DEMOCRACY the strategy of big emergency packages tool of regulating life in society . The pushed through the Parliament with Constitutional Court is now evaluating TO NEOLIBERALISM TO alarming pace, practically eliminating many of them. Public life was virtually FAR-RIGHT NATIONALISM the space for a transparent and public shut down; schools were closed on 16 debate. For all of them, the government March. On 19 March, the Ordinance on coalition did not allow a referendum. The the temporary prohibition of public gath- last of these emergency laws, the “Anti ering at public meetings and public events to broad powers and leeway in critical corona package 5”, was sent to Parlia- and other events in public places in the situations like the epidemic.6 ment on the 1 October and contained Republic of Slovenia banned public gath- In response to the social, economic articles that could be aimed at privatising 141 erings and shut down the service sector and health crisis, the Government public healthcare. of the economy.3 proposed a series of emergency legis- One of the most controversial lations, later called the “Anti-corona TAKING OVER THE decrees limited the movement of people packages”. However, the packages LEADERSHIP OF PUBLIC to the boundaries of their municipality4. contained a number of other proposals INSTITUTIONS In the eyes of many, this was arbitrary that were not related to the emergency As one of its first acts, the new Govern- as no argumentation or analysis existed and that will affect the socio-economic ment replaced the leadership of the Army, for this decision. At first, the Constitu- and democratic life of Slovenia beyond the police and the military’s Intelligence tional Court deemed unconstitutional the the epidemic. and Security Service7. In the next weeks articles of the decree that vaguely deter- At the beginning of April, the and months, it also changed the leader- mined the timeframe for the measure, Government proposed a fundamental ship of the National Institute of Public although it did not suspend the decree. change in the law regulating referen- Health (a key institution in fighting the dums (Referendum and Popular Initia- Coronavirus), the National Bureau of 3 https://www.gov.si/en/news/2020-03-19-ordinance- tive Act). This Act used to allow citizens Investigations (part of the police investi- on-the-temporary-prohibition-of-public-gathering- at-public-meetings-and-public-events-and-other- to call for a legislative referendum and gating major crimes), the Slovenian Intel- events-in-public-places-in-the-republic-of-slovenia/ overturn laws adopted by the Parliament ligence and Security Agency (the main 4 https://www.gov.si/en/news/2020-03-29-the-prohibition-of-movement-outside-the-municipality-of-perma- within seven days from their adoption. civilian intelligence service), the Statis- nent-or-temporary-residence-in-force-from-midnight/ The approved amendments gave the tical Office (key institution of gathering majority in Parliament the possibility and distributing kay indicators and infor- The Research Institute of 8th march to exclude referenda on certain matters, mation) and the Financial administra- is an institute dealing with different forms of inequalities. It is organising the with the aim to speed up the legislative tion (tax collecting and tax avoidance Slovenian #metoo campaign and organising theoretical roundtables about different 5 https://www.total-slovenia-news.com/politics/6120-jan- topics. It is one of the leading Slovenian sa-calls-constitutional-court-politically-biased feminist organisations. 6 https://www.us-rs.si/odlocba-ustavnega-sodisca 7 https://www.gov.si/en/news/2020-03-14-1st-regular- -st-u-i-83-20-z-dne-27-8-2020/ session-of-the-government-of-the-republic-of-slovenia/

STORIES FROM THE LOCKDOWN SLOVENIA IMPACT OF THE PANDEMIC payment moratorium. This package did ON THE SOCIETY not provide safeguards to the workers AND NGO SECTOR for which companies received subsidies The shutdown of public life and the against layoffs, nor for the self-employed. service sector had immediate conse- Additionally, civil society organisations quences on people’s livelihoods and their and associations were not eligible for ability to stay afloat. In the first emergency subsidies. Despite the loud dissatisfaction measures, the Government prioritised expressed by the civic sector through peti- help for big and medium-sized business tions and letters, the ruling coalition did THE AUTHOR over the self-employed - whose work not accept the amendments demanded.89 was already the most precarious -, the Some of these issues were addressed Nika Kovač is anthropologist service sector, and civil society organisa- on 2 April, when the Parliament and sociologist. She was tions. For example, out of the three laws in confirmed the very first Government’s coordinating the Slovenian this first package approved on 19 March, all-encompassing emergency package LGBT equality campaign. She laws to mitigate the consequences of is author of a book “Brave girls” and one of the leaders of the pandemic. This package was worth Slovenian #metoo campaign. GOVERNMENT 3 billion euros and named the Act Deter- She is director of the Research mining the Intervention Measures to Contain Institute of 8th march. DECREES THAT PUSHED the COVID-19 Epidemic and Mitigate its THE BOUNDARIES Consequences for Citizens and the Economy, persecution) with officials loyal to the or the ‘Anti-corona Mega Law’. The act party of Prime Minister Janša. OF LEGALITY BECAME widened the range of supports for busi- These changes seem politically THE GOVERNMENT’S nesses but also included self-employed, motivated. For example, the National CSOs and some vulnerable groups in Bureau of Investigations was conducting MAIN TOOL OF society. However, this act also left out 142 a criminal investigation regarding poten- REGULATING LIFE many or provided them insufficient tial improprieties with the procurement support. For example, CSOs were also process of masks and other Coronavirus IN SOCIETY included in the help, under the same protective gear. The same institution was conditions as other employers, i.e. if their also carrying out a criminal investiga- income in 2020 will be 10% lower than tion into foreign financing of SDS-affili- the first dealt with emergency measures in 2019. Furthermore, humanitarian and ated media. Also, the head of the national for the farming sector; the second with 8 https://www.cnvos.si/novice/2466/dz-pozvali-da-naj-in- Statistical Office was replaced because administrative procedures and deadlines; terventna-pomoc-velja-tudi-za-drustva-zavode-in-usta- he did not allow an informal government the third and most important one with nove/ 9 https://www.rtvslo.si/zdravje/novi-koronavirus/ working group to access confidential and wages, social security contributions subsi- sircelj-za-podjetja-bo-omogocen-12-mesecni-odlog- highly sensitive raw econometric data. dies for employers and a monthly loan placevanja-kreditov/517533

2004 - 2008: First term SEPTEMBER 2008: Borut FEBRUARY 2013: Janša’s 2014: Janša is SUMMER 2017: Vilification MARCH 2018: New NGO of Janez Janša as Pahor, from the government falls after imprisoned after campaign against envi- law is welcomed as Prime Minister and Social Democrats an investigation report being convicted of ronmental civil society “huge step forward” leader of Slovenska party, becomes Prime reveals systematic corruption in an organisations that for relationship Demokratska Stranka Minister. violation of the law armoured vehicles take part in the impact between the govern- (SDS). by failing to properly deal with the Finnish assessment process for ment and NGOs. 2012-2013: Second term report his assets. defence company greater environmental 2004: Slovenia joins the for Janez Janša as SPRING 2018: Heated Patria. After 6 months protection in opening European Union. Prime Minister. MARCH 2013: Social electoral campaign he is released. The of car-painting plant in Democratic candidate leads to increased JANUARY - JUNE 2008: 2012-2014: Massive Constitutional Court Maribor. Alenka Bratušek attacks against journal- Slovenia as first protests against overturns the ruling becomes Prime ists and artists. SDS “new member state” Government’s corrup- previously confirmed Minister. pledges to cut public presides the EU tion and the political by three judiciary support for NGOs. Council. elite. stages.

ACTIVIZENSHIP #5 disability organisations were excluded distress and facing poverty, including Culture, who let go of €8 million and from this condition. cultural workers, self-employed and consequently abolished public tenders The initial conditions for self- partly self-employed parents11. and other financial support for the employed to receive government aid Considering public funding of CSOs, sector, other ministries did not cut the were stricter than for businesses and 2020 has been a turbulent year. One of the funds for CSOs. Some, as the Ministry seemed to have been designed in a way first moves under the new Government of Social Affairs, even published addi- that discouraged eligible people from was a decision by its Communication tional funds to support CSOs with their applying10. If all conditions were not Office to abolish project contracts with activities during the pandemic. At the met, the aid would have to be repaid. CSOs for 2020 dealing with migrants, last session of Government Council for As a result, a lot of people were afraid media literacy, human trafficking, etc.12. development of NGOs, most ministries to apply, since they could not know After a long fight, the Office succeeded confirmed that there are also no cuts whether their earnings at the end of with its intention as it found a legal basis planned for 2021. the year would meet the Government’s in the contracts saying that all projects Militarisation of measures conditions. Additionally, partially self- need to be implemented on time. Due The draft ‘Anti-corona Mega Law’ employed parents who entered into a to the national lockdown this was not also contained constitutionally contro- government programme that allowed possible, many projects were therefore versial extension of police powers in them to spend more time with their kids in delay and hence, the abolishment. articles 103 and 104. Article 103 gave and receive full-time pension payments, However, it must be emphasised that police wider repressive powers and access such actions by one of the public insti- to people’s personal health information. tutions were witnessed for the first time Article 104 made provision for the surveil- and may very well lead to similar actions. lance of citizens through their mobile CONSIDERING PUBLIC It also should be noted that the whole size phones. During the legislation process, FUNDING OF CSOS, of the programme is only 100.000 EUR. the law was watered down, tracking Also, in March, the Government passed through mobile phones was erased, but 2020 HAS BEEN A a decision to amend the state budget, remained controversial. This led opposi- 143 TURBULENT YEAR instructing ministries that all costs tion parties to file an initiative for consti- should be cut by 30%. This instruction tutional review of these articles.13 again led to quite some advocacy efforts The Government also attempted to in order to secure the funding for CSOs. invoke Article 37a of the Defence Act were excluded from any help. Several The changes were passed in September. which gives police powers to military NGOs and humanitarian institutions, With the exception of the Ministry of personnel for protecting the wider border including our Institute, initiated fund- area. The leading government party is raising for the groups that were hit the openly anti-migrants, and it tries to use 11 For example the initiative Pomoč staršem v hardest and found themselves in financial stiski (https://www.petkazanasmeh.si/aktualno/ pomoc-starsem-v-stiski) 12 https://www.cnvos.si/novice/2496/nujno-obvesti- 13 https://www.rtvslo.si/slovenija/sd-lms-sab-in-levica- 10 This was later unified. lo-za-izbrane-izvajalce-na-razpisu-ukom-2020/ v-ustavno-presojo-posiljajo-tri-vladne-ukrepe/521258

JUNE 2018: SDS wins NOVEMBER 2018: Janša 3 MARCH 2020: Four 14 MARCH 2020: The new 19 MARCH 2020: Ordinance 2 APRIL 2020: The govern- majority of votes in gets a three-month political parties form government replaces bans public gather- ment launches “Anti- the elections but most suspended sentence a coalition. Janša up to 7 heads of public ings, public meetings corona Mega Law” to parties in Parliament for insulting two jour- becomes Prime institutions with and public events and help businesses, self- pledge against forming nalists by calling them Minister-designate. leaders close to SDS. shuts down the service employed and CSOs. a coalition with Janša. prostitutes. These changes seem sector. It contains several 12 MARCH 2020: politically motivated as problematic articles for SEPTEMBER 2018: A 27 JANUARY 2020: Prime Announcement of the 29 MARCH 2020: Decree some of these institu- fundamental rights. five-party centre-left Minister Marjan Sarec COVID-19 epidemic in prohibits freedom of tions are carrying out coalition, led by Prime resigns. Slovenia. movement outside the investigations against Minister Marjan Sarec, municipality. 13 MARCH 2020: Janša Janša’s party. forms a minority starts his third term Government. as Prime Minister of Slovenia.

STORIES FROM THE LOCKDOWN SLOVENIA gain the two-thirds majority needed to the limitations, made noise from their activate this article but has announced windows every Friday afternoon, and THE POLICE ALSO it will try again. more. SYSTEMATICALLY During one of these actions, on THE RIGHT TO PROTEST 22 April, the activist group Portestival ENFORCED “SOFT” The people’s response to Government’s started an initiative called Footprints ACTS OF REPRESSION (in)actions during the past months has of resistance15 in which solo protesters been quite strong. However, the already and families left paper cut-outs of their LIKE ARBITRARY mentioned Ordinance on the temporary feet with messages written on them in IDENTIFICATION prohibition of public gathering at public front of Parliament. Police fined some of AND CONTINUED meetings and public events and other events the participants 400 euros for breaking in public places in the Republic of Slovenia the public gathering Ordinance. This TO BRANDISH FINES prohibited all public gatherings, and was perceived as an arbitrary act of FOR ABSURD REASONS restricted people’s movement to work, oppression. farming, essential services (pharmacies, On 24 April, the protest went From grocery stores, banks and post offices the pandemic as a pretext to enforce etc.) and walking. The public gathering harsher anti-refugee politics, presenting restriction had only two exceptions: SDS AND AFFILIATED them as our country’s enemies. people living in the same household and Considering that the Army is already a group of up to 5 co-workers driving to MEDIA SYSTEMATICALLY assisting border police, the fear was that work. Consequently, people expressed PORTRAY the use of this article would last for an their protest in unconventional ways.14 unclear period of time and be abused Had the restrictions not been in NON-GOVERNMENTAL by the Government. Furthermore, since place, protests against the new Govern- ORGANISATIONS AS the closure of the Balkan corridor in ment would have started in the first 144 2016, Slovenian police have reportedly weeks, as they already did in February PARASITIC LEFTISTS pushed back more than 16,000 people when the first signs of the SDS-led coali- WHO NEED TO BE CUT into Croatia. From Croatia, they were tion became visible. In the absence of most often violently returned to Bosnia opportunities for mass physical protests, FROM PUBLIC FUNDING where the number of migrants is steadily people took to social media to express growing, and a humanitarian disaster is their discontent, displayed banners on already taking place. If the Army were their balconies, protested alone in front the balconies to bicycles in the capital city to be granted police powers, this would of Parliament and elsewhere respecting of Ljubljana. A few thousand protesters prevent more people from applying for came to “exercise and protest”. The 14 The public gathering restriction had only two excep- international protection, a basic human tions: people living in the same household and a group right. In the end, the Government did not of up to 5 coworker driving to work. 15 https://www.facebook.com/watch/?v=520042205329435

3 APRIL 2020: People start APRIL 2020: Government 22 APRIL 2020: The activist 23 APRIL 2020: Opaque 24 APRIL 2020: Masks 28 APRIL 2020: Adoption to express their discon- Communication Office group Portestival starts and corrupt practices scandal triggers of a new Regulation tent, displaying banners starts a long process an initiative called involving the protests From the Establishing a on their balconies, of pressure on NGOs Footprints of resis- Government purchase balconies to bicycles Monitoring Committee protesting alone in in order to abolish tance: solo protesters of masks is unveiled by on the streets of the of the Operational front of Parliament and project contracts and families left paper whistleblower on the capital city of Ljubljana Program for the elsewhere respecting for 2020, dealing cut outs of their feet Public TV. on Fridays. Implementation of the the limitations, making with migrants, media with messages written European Cohesion 26 APRIL 2020: Janša calls noise from their literacy, human traf- on them in front of Policy for the period the Constitutional windows every Friday ficking, etc. Parliament. Police fines 2014-2020 changes Court “politically afternoon. them. the membership biased”. of the Monitoring Committee. NGO representative - elected

ACTIVIZENSHIP #5 protest became bigger - the largest unlawfully identified. He discovered that as by government officials. For example, exceeded 15 thousand people - and the police exceeded their powers under a smear campaign targeted investigative expanded to other Slovenian towns and the pressure of the Minister of Interior.18 journalist Blaž Zgaga. After Zgaga sent cities in the following weeks. In different The police also systematically a (freedom of information) request to forms and scale, protests continued enforced “soft” acts of repression like the Government’s Secretary-General to every Friday since (Ed.: for more infor- arbitrary identification and continued obtain information on the functioning mation concerning the protest, read the to brandish fines for absurd reasons like and structure of the newly founded Crisis interview). writing protest slogans on the streets Headquarters of the Republic of Slovenia All these protests do not have a with chalk. Additionally, Amnesty Inter- formal organiser, and information are national Slovenia reported on the use circulated on social media. The protests of violence towards the protesters on a have been very peaceful. On the other few occasions19. SDS SEEMS TO HAVE THE hand, the authorities reacted quite heavy- AMBITION TO DOMINATE handedly. The police systematically TARGETING CRITICS cordoned off the Square of the Republic In the week after the first cases of THE SLOVENIAN in front of the National Assembly with an Covid-19 were confirmed in Slovenia, MEDIA LANDSCAPE iron fence: first, just a part of the square Government’s press conferences were and later, for the first time in history, a stage for experts to talk and for jour- the entire square which is synonymous nalists to ask questions. As soon as the charged with combating the pandemic, with free speech and right to protest. new Government came to power, official a tweet from the official account of the In an act of defiance to this, on 19 June, communication was reduced to a single same Crisis Headquarters declared protesters set on the ground of the square public speaker and, allegedly due to health that Zgaga was part of a group of “four in the afternoon before it was cordoned concerns, journalists were prevented patients who escaped quarantine” and off, reading article 42 of the Constitu- from attending press conferences with no that he suffered from “the Covid-Marx/ tion: “The right of peaceful assembly option to pose questions to the speakers Lenin virus”. 145 and public meeting shall be guaranteed. directly. In a statement to the Council of Everyone has the right to freedom of asso- At the same time, all the processes Europe, the Government stated that ciation with others.” The police dispersed described above were widely criticised “The majority of the main media in the protesters, also using force carrying by the public, the civil society, the media Slovenia have their origins in the commu- them out of the square.1617 The Slovenian and the opposition and any criticism was nist regime” and attacked the Slove- Ombudsman found that in the protest met with attacks and discreditation from nian public broadcaster RTV Slovenija on 19 June, people were unjustifiably and the media network around SDS, as well for being politically biased and having too many people employed.20 Later, 16 https://www.mladina.si/199288/fotogalerija -petkovi -protivladni-protesti/ 18 https://www.dnevnik.si/1042937430 17 https://www.vecer.com/slovenija/spremljamo-polici- 19 https://www.amnesty.si/odziv-na-ravnanje-oblasti ja-pred-drzavnim-zborom-iz-ograjenega-dela-odstra- -protesti; https://www.amnesty.si/navedbe-o-prekoracitvi 20 https://necenzurirano.si/cdn/public/files/2020 nila-protestnike-10185846 -policijskih-pooblastil-je-treba-preiskati.html /04/08/5e8db4e636351.pdf

by NGOs through JUNE 2020: Government process. 29 JULY 2020: Courts 4 AUGUST 2020: In a 8 OCTOBER 2020: Minister inclusive and demo- refuses the proposed stop the SDS moves communique to the of Interior introduces 15 JULY 2020: cratic procedure - is list of candidates Constitutional Court to take over the public Council of Europe, new restrictive removed and replaced for the European decides to suspend radio-television (RTVS) Government states measures and blames by Government- Economic and Social articles of the anti- supervisory board by that “The majority on cyclist protesters appointed NGO. Committee on the corona mega law, illegal means. of the main media for the rise in corona- ground of lack of in Slovenia have virus cases. 19 JUNE 2020: Protesters passed in April, that 9 JULY 2020: Government gender equality. their origins in the sit on the ground of changed conditions for proposes extensive 19 OCTOBER 2020: NGOs Instead of asking communist regime” a square in Ljubljana NGOs participating in changes to the media face eviction from the representative calling for freedom of environmental impact law that will include a the self-governed organisation to change assembly. The police assessment due to 13 million euro cut for compound Metelkova their candidates, the disperse the protesters their public benefit RTVS. claim Janša wants Ministry of foreign using force. status. them silenced. affairs takes over the

STORIES FROM THE LOCKDOWN SLOVENIA Prime Minister Janša tweeted a similar SDS seems to have the ambition message.21 to dominate the Slovenian media land- Simultaneously SDS tried to take scape. As mentioned in the beginning, it THE GOVERNMENT over RTV Slovenija supervisory board is partly trying to do so with the help of ALSO SYSTEMATICALLY by illegal means. First, it dismissed three Hungarian corporations close to Orban members despite the fact that their terms that are financing SDS’ media network ACTED IN A WAY THAT had not expired. This move was stopped and making it bigger with acquisitions. EXCLUDED CSOS FROM by the courts.22 Then, it attempted to The other part of SDS’ strategy is to replace two more members but was change the three main laws regulating the INFLUENCING POLICY aborted by a parliamentary committee23. media field. With them, they are trying MAKING AND MADE to change the current leadership of the PUBLIC DEBATE AND 21 https://www.mladina.si/196896/jansevi Slovenian Press Agency (STA), reduce -napadi-na-rtv-slovenija-so-nesprejemljivi funding of RTV Slovenija24 and change SOCIAL DIALOGUE 22 https://www.rtvslo.si/slovenija/upravno-sodisce- zadrzalo-predcasno-razresitev-treh-nadzornikov- rtv-slovenija/532041 24 https://www.total-slovenia-news.com/poli- MORE DIFFICULT, 23 https://rsf.org/en/news/slovenia-trumps-disciple-at- tics/6579-culture-ministry-releases-proposals-for-me- tacks-journalists-and-introduces-systemic-change dia-reform-major-funding-cut-for-rtv-slovenija the current leadership, put public money TARGETING ENVIRONMENTAL ORGANISATIONS in SDS affiliated media and regulate the media market in the way they seem fit25. By Tina Divjak, Head of advocacy at the Centre for Information Service, Cooperation This endeavour that would erode the and Development of NGOs (CNVOS) basis of free expression and freedom of Anti-corona measure affecting construction ɖ For associations: at least 50 active members, the press also ran into opposition from legislation which NGOs shall prove with regularly inside some of Janša’s coalition partners paid membership fees and participation at In Slovenia, according to Environmental and was at least temporarily put on hold. general assemblies, Protection Act, non-governmental ɖ For institute: at least 3 fully employed staff 146 organisations that obtain the status of acting in with university education in the field, RESTRICTIONS ON CIVIL the public interest in the field of environmental ɖ For foundations: at least 10.000 EUR of protection can be parties in the procedures SOCIETY AND CSOS founding assets. and can go to court and challenge the decisions ACTIVITY in environmental matters. So far, several major The most controversial is the condition to We have already mentioned about the investments, which would severely affect meet these requirements retrospectively in the turbulent year for CSOs’ public funding. the environment, have been successfully last two years. This comes as no surprise given that challenged by environmental organisations Data collected for 56 out of 77 NGOs currently in the courts or within the administrative SDS and affiliated media systematically meeting this criteria shows that only 9 of them procedure for obtaining an environmental portray non-governmental organisations (16%) fulfils the new conditions. permit.1 as parasitic leftists who need to be cut In May 2020, a coalition of NGOs submitted a Some of the conditions for obtaining the status from public funding. constitutional review initiative. In July 2020, the of acting in the public interest in Environmental The Government also systemati- Constitutional Court temporary suspended the protection law included: implementation of these articles, meaning that cally acted in a way that excluded CSOs ɖ For associations: at least 3 members, until the final court’s decision, the procedures from influencing policy making and made ɖ For institutes: at least 1 expert co-worker, should be carried out in accordance with the ɖ For foundations: at least 400 EUR of public debate and social dialogue more basic legislation. founding assets. difficult, thus reducing the influence of Nature Conservation law Changed conditions for NGOs included in the CSOs. The first anti-corona package laws anti-corona law package (April 2020, prolonged The same conditions were proposed also for were practically written behind closed in June 2020 until the end of 2021) and the Nature Conservation Law in May 2020, doors without social dialogue with considered provisions aimed at deregulation which would be the first of the basic laws trade unions - that is usually a condi- of construction legislation and speeding up that would restrict NGO access to court and tion sine qua non in Slovenia before of infrastructure investments during the administrative procedures. At the end, the economic recovery: conditions were a bit changed, some exclusions passing such important measures – and were added and most importantly the law is without consultation with civil society. not retrospective, NGOs that already have a 1 https://www.liberties.eu/en/news/slovenia-new-government-restricts-access-to-public-participation-for-en- status need to fulfil new conditions in 6 months 25 https://ipi.media/new-administration-old-agenda- vironmental-ngos/19290 after the law becomes valid. press-freedom-strained-again-in-slovenia-under-vet- eran-pm-jansa/

ACTIVIZENSHIP #5 Similarly, in the Parliament, a change support signatures.28 Additionally, one protests are happening - is one of the most in the internal rules foresees that one of the biggest “Friday protest” was organ- critical clusters.30 He also announced that member per organisation can come to ised on the day of this law was passed, the police will be “much, much stricter” present their opinion on a given topic; with more than 10.000 people attending. in issuing fines in the future.31 however, in practice, almost no one was But the authorities ignored it. Luckily, the The unique situation of the pandamic invited, and even this restrictive rule was Constitutional court intervened, but that coinciding with a change of Government not respected. For example, the 8th of did not stop the Government to propose in Slovenia has resulted in attacks on March Institute requested an invitation a law that would permanently deregulate civil liberties, freedom of the press and to argue for partly self-employed parents the building laws (Ed: see box “Targeting limiting the people’s right to a refer- left without help but was denied citing environmental organisations”). endum. And sadly, these processes are pandemic limitations. Although almost seven months have continuing and amplifying, eroding some Environmental CSOs were probably passed since the epidemic was declared in of the core foundations of a democratic the biggest targets of the Government Slovenia and the new Government came society. who see them as an obstacle to big invest- to power, the politics of emergency legis- The analysis is updated to 13 October 2020. ments. First, the Government pushed lation that impacts areas not connected Thanks to Tina Divjak, Head of advocacy at through a law that made it more diffi- with the coronavirus crisis continues. the Centre for Information Service, Cooperation and Development of NGOs (CNVOS), for the help cult to obtain the status of acting in the At the same time, the Government is with revision. public interest in the field of environmental protection. Then, the third Anti- corona package attempted to deregulate the building sector, including with the THE GOVERNMENT IS total exclusion of environmental civil STILL CIRCUMVENTING society organisations and actors in environmental impact procedures in the OR REDUCING DIALOGUE construction of large facilities until the WITH CIVIL SOCIETY 147 end of 2021. Fortunately, in this case, TO A FORMALITY the Constitutional Court temporarily withheld the execution of these articles26, but the majority of such articles stands. By removing CSOs which can point still circumventing or reducing dialogue out at irregularities from the proceed- with civil society to a formality. For this ings, the law opens the door to abuses. reason, at the end of September, trade It allows investors to build without a unions walked out of the negotiation valid building permit; it subordinates the on the fifth corona package in a sign of competent public institutions and puts protest.29 them in the service of private investors. This act appears to be directly connected CONCLUSION to moves to fast-track the building of At the time of finishing this article, Mokrice hydroelectric plant, in which Slovenia is experiencing record rises in the Minister for Environment Vizjak has coronavirus cases and the Government a vested interest.27 is limiting public life and gathering again, CSOs and civil society responded to restricting private and public gathering to such measures with a petition Narave ne 10 people. On 8 October, in a press confer- damo (We won’t give away our nature), ence, the minister of Internal Affairs intro- which collected more than 36,000 duced new measures and put the blame for the raise in cases on cyclist protesters, 30 In the cases per inhabitants Ljubljana is some- falsely claiming that Ljubljana - where the where a little above average compared with other 26 https://focus.si/odlocitev-ustavnega-sodisca-o-za- municipalities: https://covid-19.sledilnik.org/embed. drzanju-sprememb-gradbene-zakonodaje/ html#/sl/chart/Map 27 https://www.liberties.eu/en/news/slovenia-new-gov- 28 https://www.naravenedamo.si/ 31 https://www.rtvslo.si/slovenija/od-polnoci-zbiran- ernment-restricts-access-to-public-participation-for-en- 29 https://www.zsss.si/sindikati-protestno-zapusti- je-najvec-10-ljudi-strezba-le-za-mizami-omejitve-tu- vironmental-ngos/19290 li-sejo-ekonomsko-socialnega-sveta/ di-v-trgovinah/538505

STORIES FROM THE LOCKDOWN SLOVENIA One of my last trips before the pandemic was in September 2019 to speak at Active Citizens Days in Oslo on the debate European civil society at risk. I was considered as a counterpart to Veronika Mora from Hungary. I explained how in 2018 an NGO law was passed - among other things establishing an NGO fund to support the implementation of the Strategy for development of NGOs, how the Government supports civil society, how we have regular contacts, how the Prime Minister condemns populism, … In February 2020 the Prime Minister resigned.On March 12 the pandemic was declared.On March 13 a new Government, led by Janez Janša, came into the office. Since then we have witnessed smear campaigns and attacks on media and CSOs, replacements of the huge majority of directors of public institutions and enforcement bodies, a number of anti-COVID measures and restrictions, on which the Constitutional Court is still deliberating. In short, 148 we went to sleep in Slovenia and woke up in Hungary. However, we have also witnessed a revival of civil society. Protests on balconies started soon after the declaration of a pandemic, followed by Cyclist Fridays, Tuesdays for culture, etc. Social media are full of guerilla campaigns. Protest letters are being drafted and signed by a variety of different actors almost weekly. Different civil society actors and organisations started cooperating. People are responding rapidly. Solidarity in the sector has increased tremendously. Thus, the whole situation has brought about also positive developments. We can just hope that this energy will keep spreading and that democracy and human rights will be defended.

Tina Divjak, Centre for Information Service, Cooperation and Development of NGOs (CNVOS)

ACTIVIZENSHIP #5 DEFENDING FREEDOM AND DEMOCRACY Raising voices against inequalities

Interview with Nika Kovač, Inštitut 8. marec - Institute of the 8th March 149

What sparked the protests is on women’s rights, but we also deal Commodity Reserves, responsible for and what messages did they a lot with social and economic inequal- the purchase of masks and respirators, initially want to convey? ities. What sparked our action was the who exposed opaque and corrupted In early March, during the lockdown, fact that when the lockdown started in practices involving visible politicians our Institute started protests called ‘Out Slovenia, the Government decided not part of the Government, including the of the window’. We invited people to put to help people who are self-employed Minister of Economy.2 The public outcry banners on their windows and send us and precarious workers. As elsewhere was huge but the Government was not photos. As an institute, our main focus in Europe, many people lost their jobs, shaken. People got very angry because the but the Government did not take care economic situation for many is extremely of them. Instead, soon after coming to difficult. This is when the protests moved power the Government decided to raise from the balconies to the bicycles. the salaries of the ministers by about 2 https://www.rtvslo.si/slovenija/v-tarci-razkrili-politic- 400€. The Government’s PR response ne-pritiske-na-dobave-zascitne-opreme/521695 was flat out denying this simple and veri- fiable fact1. On 23 April, the main public tele- THE MAIN CONCERNS vision’s investigative and political weekly TV show Tarča (The Target) ARE THE ACTIONS OF made contact with whistleblower Ivan THE GOVERNMENT Gale, an employee at the Agency for AND GROWING SOCIAL 1 https://www.24ur.com/novice/slovenija/vladni-clani- so-si-dvignili-placo-gre-za-delo-v-nevarnih-razmerah- INEQUALITIES Nika Kovač tako-kot-pri-zdravnikih.html

STORIES FROM THE LOCKDOWN SLOVENIA decided to change the law in order to impede environmental organisations to take part in environmental assessment plans when building construction or in development plans. A group called ‘Balkan River Defence’ together with the national platform of NGOs, CNVOS started a huge movement called ‘We do not sell our nature’. They held a protest in front of the Government when the law was discussed in the Parliament. This was the beginning of this movement. They also did a petition and other actions, such a sit-in in front of the Ministry of environment. During that gathering, the police came, threw them in their cars, brought them away and arrested them. The people became very angry because these were peaceful protesters. So, the week after the protest was about the envi- White feet glued to a protest in front of the government. 21 August 2020 ronment. Every week the protesters pick up some new content. That week there Since then, every week on Friday the culture sector is hugely represented was a huge sign stating ‘we do not sell our there is a protest and so far, there have because it has been harshly affected by nature’ and people were screaming this been fourteen in total. At the beginning, the Governmental cuts. They organ- message as well. 150 people were cycling around Ljubljana. But ised protests in front of the Ministry of then the protests spread across Slovenia. Culture under very different forms: once, Our Institute asked people to send they were clapping their hands; another pictures from their villages and cities, time, artists brought things from theatre MANY INITIATORS ARE and we are getting them from around 20 performances and concerts in front of FROM THE CULTURAL towns every week. Other groups started the Ministry as a symbol of the death contributing to the protests, each in their of culture in Slovenia. One of the most SECTOR AND AT way. We say that the protests do not have visible people in the protests is a street EVERY PROTEST, THEY organisers; they have initiators. Last week artist that during the quarantine was there was an action for women’ rights recording videos of himself running to THINK ABOUT SOME and there we were very involved. the Parliament and doing sports activ- SPECIAL ACTION The main concerns are the actions ities as a form of protest because the of the Government and growing social Government said we could only do recre- inequalities, but there are different forma- ational activities. These videos became tions and groups inside. For example, viral on social media, and now he is one Are there messages that are of the animators of the protests. People recurrent? are following him. Trade unions are also Yes, the main message is that we do not WHAT IS UNIQUE ABOUT active in the protests. Every week the want this Government. It could be argued main protest is at 7 pm, but before there that many people are not anxious because TODAY’S PROTESTS is always a special action connected with of Covid-19, but because of what the new IS THAT PEOPLE ARE the most recent developments. So, at Government might do and implement every protest, there is some new group under the cover of this pandemic. As a COMING TO THE STREETS emerging. popular banner from one of the protests EVERY FRIDAY The Government is doing a lot of reads: ‘the virus will leave, but the dictator- shady things right now. For instance, it ship might stay’.

ACTIVIZENSHIP #5 The second message of the protest is those experiencing economic hardship to end the corruption. Since the Govern- is growing. ment took office, there have been many SOME PEOPLE TAKE THE Among the most affected groups scandals, the biggest one concerned the STREETS BECAUSE THEY are also NGOs because they lost a lot masks that the Government purchased. of funding during the lockdown. The The third main message is to end LOST THEIR JOBS AND cultural sector was also heavily affected. police repression. Until now, we never THEIR INCOME AND DID There were huge difficulties for those really saw police violence in Slovenia. NOT RECEIVE SUPPORT that kept working during the crisis: This changed with these protests. There police officers, shops that remained have been a few cases of police misbe- FROM THE STATE open. They have low salaries and did not haviour, although the protesters are very receive enough support. A lot of small calm and very aware of the issue of social businesses are closing. Just today on distancing. One day people were trying 2012-2013, we had four huge demonstra- the news, it was announced that police to enter the Parliament saying, ‘this is tions against the then right-wing Govern- officers would get 100% higher salaries our house’ and the police were pushing ment. They were called ‘Rising up’. People during the lockdown period. However, them away quite roughly. Another time, managed to make the government fall. But only those in higher positions will get there was an action in the main square what is unique about today’s protests is this money, while normal police officers against police repression: people were that people are coming to the streets every only got a 20% increase. Now they are sitting in the square reading the Consti- Friday. At the beginning, I thought that also angry. There was also a big problem tution for one hour. Then the police took they would die down during the summer, in elderly homes: people there were the them away. For the first time, they also but this did not happen. most affected and the Government did put a fence around the square, and they not take care of them. wear anti-riot gear. What kept these protests They are also giving penalties for alive? silly things. For example, one of the first The Government does not stop. Last 151 actions was to bring drawings of feet and week, for example, the Minister of Interior PEOPLE GET ANGRY to leave them in front of the Parliament to said that it is the victims’ fault if they are WHEN THEY DO NOT show how many people were angry. The raped. Every week something like this HAVE ENOUGH MONEY Police officers were giving penalties, and happens. In addition, social inequalities when asked why they responded: it is not are getting bigger and bigger, and people FOR FOOD AND RENT okay to voice their opinion. People got are seeing that some are getting richer 400 Euro penalties for this. This never while most of us are struggling. happened before. Once, protesters were In Slovenia, we have a lot of self- Another good point is that many painting on the streets with crayons, and employed people, and before COVID, one initiators are from the cultural sector the police started fining them. They said out of 4 of them lived under the poverty and at every protest, they think about that it is forbidden in Slovenia unless it rate. Now, the numbers are getting higher some special action. Thus, people come is performed by children. and higher. Many had to close their shops. even out of curiosity to see what will Nevertheless, the people keep coming. Many lost their contracts. Many have happen. For example, one day, the We have a history of protest against been out of work since March. In the Government said they would fly NATO right-wing governments in Slovenia. In beginning, the Government did not airplanes across Slovenia to thank the provide any funding to support them; health sector for their work. This was then they did - 700 Euro per month. non-sense. People made paper airplanes WHILE WE MARCH But now, not anymore, and people are and threw them at the Parliament. still losing their jobs. I have a job in the ACROSS THE CITY, public sector which means my salary How many people take part ELDERLY PEOPLE FROM was not affected. I could work from in the protests? What kind home and I was not afraid of the Coro- of constituencies do they THE BALCONIES WAVE navirus. I also managed to save some mobilise? AND SUPPORT US money. But self-employed people do not In Ljubljana, there are usually between have this privilege, and the number of 3’000 and 10’000 people in each protest;

STORIES FROM THE LOCKDOWN SLOVENIA it depends. But most of the time, there this. It is good to see that different NGOs Do you think that the were about 10’000 people on the streets. have started working together: there are European Union can be an ally In other cities, it also depends, in some new connections been made and new in your struggle? In what way? cases 500 or 1000 people. In some small ways been used to call for change. For I think that the European Union should villages, it is 40-50 people. There are many example, when there was an action for the intervene in much more concrete ways young people from the group’ Young people protection of nature, the feminist groups and punish States that do not respect for environmental change’, but also elderly - who are normally not involved on such human rights. For me, the EU is currently people. Another beautiful action: while topics – got very engaged. We thought it not really fighting this hard enough. we march across the city, elderly people was important. We asked people to bring from the balconies wave and support us. plants to the Parliament and walk around, What lessons can be learned So, there are many different people. There in sign of protest. This action brought from this initiative that can are also political parties, from the liberal together NGOs working with nature potentially inform a post- and left side of the political spectrum. and various groups. For example, there COVID-19 institutional and And then there are people from the NGO was a company making backpacks out of societal response? sector. I think that most protesters are garbage. People are getting to know each I think that we need to tackle the issue of already politicised. Though, some people other and doing things together. And I social inequalities. The COVID crisis take the streets because they lost their think that this will continue. showed us how big they are, and it made jobs and their income and did not receive them more prominent. People get angry support from the state. For example, the when they do not have enough money for Institute works a lot with self-employed food and rent. We are not caring enough mothers. Many of them have beauty THE WHOLE SQUARE for the self-employed and the precarious salons or are hairdressers. I asked them TOOK UP A BIG FLAG workers. A lot of these mobilisations why they were marching, and they told me occurred because people are afraid of how that they could not pay their bills. WITH A SWASTIKA they will live through this year. Govern- ments need to take care of their people. 152 CROSSED OUT TO SHOW Are there also far-right The interview was carried out on 29 June 2020. mobilisations in the streets? THAT THEY DO NOT As of 1 November, the protest have continued and Yes, there is a small neo-Nazi movement WANT THIS MOVEMENT multiplied. called “Yellow vests”. But it is really small, about 20 people. They were saying that IN SLOVENIA they are just people who care about Slovenia and have nothing to do with the Nazi ideology. But then one NGO showed Is there a desire to get also the connection, so they stopped going to organised transnationally the protests. They said they would keep in Europe? monitoring them though. When they I can only speak from our point of view. We started coming to the protests, the whole do not have many international contacts, square took up a big flag with a swastika but I think that it will be important in crossed out to show that they do not want the future. For example, our Minister this movement in Slovenia. commented on what is happening in Poland with the Istanbul Convention Are these protests connected saying that we should also do the same. with other strategies in So, we should fight together. I think it different fora to obtain would be important for us to get in touch change? with people organising protests in other It is difficult to say because there are countries and learn from their experience. many different groups and each of them has its agenda. There are rumours that some groups want to build a new party, but I do not know anything concrete on

ACTIVIZENSHIP #5

This fifth edition of the European Civic Forum’s Magazine Activizenship was published thanks to the collaboration and contributions of:

Vanja Škorić Carlotta Besozzi Khedi Alieva Carol Elias Akram Kubanychbekov Manon Yzermans Pavel Havlicek Czeslaw Walek Filip Milde Siri Hummel Rupert Graf Strachwitz Rebecca Rahe Corinna Genschel Dominika Spyratou Moussa Sangaré Deirdre Ní Cheallacháin Ivan Cooper Nika Kovač Tina Divjak

Supported in part by a grant from the Open Society Initiative for Europe within the Open Society Foundations Edited by the European Civic Forum

Publishing Director: Jean-Marc ROIRANT

Editor in chief: Alexandrina NAJMOWICZ

Editorial advisors: Jan Robert SUESSER, Raffaella BOLINI and Karolina DRESZER-SMALEC

Coordination of editorial content, editing and prepress: Giada NEGRI

Desk research for infographics: Alberto VELA

Proofreading: Vladimir SESTOVIC

Graphic design: Adrien LABBE

Printed by: Van der Poorten

Published under Creative Commons

Published under Creative Commons ISSN 2491–2603

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