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Supercharging UK support to the rule of law abroad

Article by Murray Hunt

October 19, 2021

Supercharging UK support to the rule of law abroad

The rule of law and the Integrated Review

The rule of law’s place in the Integrated Review is something of a walk on part.[1]

 

Alongside a commitment to universal human rights, free speech, fairness and equality, the rule of law is identified as one of the “shared values” said to be fundamental to our national identity, democracy and way of life, helping to bind the UK together as a nation state.[2] As well as playing this constitutive role at the national level, a shared belief in the rule of law is also said to be one of the “common values” that underpins the UK’s key strategic alliance with its number one friend, the US, together with a shared belief in democracy and fundamental freedoms.[3]

 

The role envisaged by the Integrated Review for these shared essential values that underpin both the UK itself and its key strategic alliances is akin to that played by “directive principles of state policy” in some post-imperial written constitutions – they “will continue to guide all aspects of our national security and international policy in the decade ahead.”[4] The chapter on the “force for good agenda” arguably goes a little further. Promoting the rule of law is expressly referred to there as one of the “priority actions” in the Government’s strategy of being a force for good in the world by supporting open societies, alongside promoting effective and transparent governance and robust democratic institutions.[5]

 

None of this feels particularly new. As Sir Simon Fraser, former Head of the Foreign Office, has observed, there is a striking degree of continuity in the new Strategy’s familiar advocacy of a British foreign policy with global reach, committed to the values of liberal democracy, trade, the rule of law and the expression of soft power.[6] The UK already supports the rule of law abroad in a variety of ways, too many to mention here. It defends and promotes the rule of law through its membership of a range of international organisations, including the UN, NATO, the Commonwealth, the OSCE and the Council of Europe. It funds the Rule of Law Expertise UK (ROLE UK) programme, for example, run by Advocates for International Development (A4ID), which supports partnerships to provide pro bono legal and judicial expertise with the aim of strengthening the rule of law in Official Development Assistance-eligible countries, although the future of that programme when its current funding ends in March 2022 is in doubt;[7] and the Westminster Foundation for Democracy, which supports the development of democracy around the world.[8] Other rule of law support is provided through human rights and democracy programmes or through research funding from funds like the Global Challenges Research Fund, although such funding has been significantly reduced this year due to the reduction in the aid budget from 0.7 per cent to 0.5 per cent GNI.[9]

 

The Integrated Review therefore only appears to offer continuity in relation to the rule of law, and on a reduced budget at that. There is very little in the Review to connect the rule of law as part of the vague values agenda to the Review’s much more ambitious aspiration to shape the open international order of the future.

 

Should those who believe that there is a smarter way for the UK to support the rule of law abroad settle for business as usual, with less money? Or is there a risk of a major missed opportunity here – an opportunity for the Integrated Review, and the strategies that will follow it, to supercharge the UK’s support for the rule of law abroad in a way which would make badly needed global leadership on the rule of law a plausible claim for Global Britain?

 

The case for supercharging

The commitment in the Integrated Review to be proactive in reshaping the international order by supporting open societies provides an opportunity for a strategic step-change in the UK’s support for the rule of law abroad. The case for seizing that opportunity is overwhelming.

 

First, as President Biden has recently acknowledged in his remarks on the US’s withdrawal from Afghanistan, the era of militarily-enforced rule of law building is over.[10] This geopolitical turning point, which the Integrated Review failed to anticipate, has profound implications for the post-Brexit aspiration to be Global Britain. By exposing the limits of the UK’s power and influence in the world, even over its closest ally, events in Afghanistan have rudely revealed the nakedness of that rhetorical slogan before it had a chance to get any clothes on. Rule of law strengthening in ungoverned spaces cannot be done by force. Much smarter rule of law leadership is required, deploying not military power but the soft power of influence and assistance.

 

Second, international leadership on the rule of law is nevertheless still badly needed in the face of multiple challenges, as the Integrated Review itself acknowledges: growing authoritarianism in a number of states, the persistence of extremist ideologies, and the recent sense of drift while previous global leaders on rule of law have been distracted by domestic political upheaval.

 

Third, weak rule of law remains one of the most important and fundamental global challenges: stronger rule of law is a precondition of meeting so many of the most pressing challenges the world faces – climate change, pandemics, terrorism, modern slavery, poverty and illicit finance for example. Effective and just responses require strong legal frameworks and well-functioning legal systems.

 

Fourth, the UK’s meta-commitment to “a rules-based international order” is best understood as itself a manifestation of its commitment to the rule of law. The rule of law in the international order is after all, as Tom Bingham described it, “the domestic rule of law writ large”.[11]

 

Fifth, the UK is well placed to develop a genuine USP on the rule of law. As the home of Magna Carta, which is universally identified with the very idea of the rule of law, a stable legal system including incorruptible and robustly independent judges, and a generally deserved reputation for being on the whole a rule of law-regarding nation, the UK can very plausibly claim the rule of law to be one of its most important assets when it comes to international influence.[12] Former Foreign Secretary Dominic Raab clearly had this in mind in his Aspen Security Conference speech in March when he referred to the strength of the UK’s institutions and its knack for creating enduring systems, describing the rule of law as “perhaps our greatest contribution … the sacred principle, the foundation of order at home and abroad … a particularly British tradition with global appeal.”[13] If combined with an awareness of the need to avoid distorted, one-dimensional historical narratives, and an appropriate humility in recognising that other cultures have also made important contributions to the very idea of the rule of law, the UK clearly has some leadership capital.[14]

 

Finally, the UK’s support for rule of law abroad would benefit from integration in a number of senses. Integrating overlapping strands that make up the values agenda would make for a more coherent strategy on human rights, democracy and rule of law, in which, for example, the importance of electoral courts to the protection of democracy is a clear strategic priority because of the confluence of the rule of law, democracy and the fundamental right to vote. Integrating the FCO’s respected expertise on the international rule of law with DFID’s accumulated wisdom about the importance of local culture, context and politics when trying to strengthen governance in other countries would also help to avoid the ever-present risk of rule of law imperialism, as well as joining up too often fragmented rule of law work by different departments.[15]

 

What would supercharged UK support for rule of law look like?

The international rule of law leadership to which the UK aspires requires more than the easy rhetoric of Global Britain. It requires a long-term, strategic approach, including resources, thought leadership, collaboration, better use of data and an underpinning architecture ensuring that rule of law policy is properly informed by independent and robust evidence, research and analysis. It also requires the UK to make sure its own house is in order. States claiming to be capable of international leadership will be judged by the values they purport to champion. Contempt for or carelessness about the international rule of law, such as that shown in the UK Internal Market Bill authorising breaches of international law, are not compatible with claims to be international rule of law leaders.[16]

 

What is urgently needed, in short, is a new, smarter and more imaginative approach to global rule of law leadership by the UK. Against the background of a clear assessment of the effectiveness of previous UK support for the rule of law abroad, an integrated Strategy on Human Rights, Democracy and the Rule of Law should be drawn up, grounded in a clear and robust definition of what the Government understands the rule of law to mean in practice, enabling it to move beyond rhetorical claims about the rule of law and to defend and argue for substantive outcomes that the rule of law requires. Such an integrated strategy would provide a platform for an internationally collaborative, consensus-building approach, working closely with allies in every international forum, and engaging directly with states where the rule of law is under threat from current authoritarian governments, supported by the highest quality data, evidence and research.

 

Here are some concrete recommendations about how to get there.

 

Recommendations

  1. Assess the effectiveness of UK’s aid spending on rule of law

The Independent Commission for Aid Impact should review the UK’s approach to strengthening the rule of law through the aid programme, similar to its recent review of the UK’s approach to tackling modern slavery.[17] This would provide the first systematic assessment of the effectiveness of the UK’s overall aid spending on the rule of law and would provide a baseline for evaluating the success of future efforts.[18] In keeping with the rule of law’s relative Cinderella status, democracy and human rights currently feature in ICAI’s future work plan, but not rule of law.[19] ICAI’s upcoming review of democracy and human rights should be expanded to include rule of law.

 

  1. Use the Open Societies Strategy as an opportunity to formulate the UK’s first integrated Strategy on Human Rights, Democracy and the Rule of Law

To achieve a strategic step-change in the UK’s interconnected work to promote human rights, democracy and the rule of law there must first be an integrated strategy. The rule of law is always right up there with democracy and human rights when it comes to broad assertions of the values to which the UK and its allies are committed.[20] But when we look for the detailed strategies, the delivery plans, the machinery of government, the research and analysis, the monitoring and evaluation, the benchmarks and the indicators, the reports to Parliament, the checks on aid funding – all the things that are required to give practical effect to a fundamental strategic commitment – the rule of law becomes rather elusive.

 

The lack of an integrated strategy is an increasingly frequent criticism of the Government’s approach.[21] FCDO’s explanation of why it reports to Parliament on its human rights and democracy but not its rule of law work is that the rule of law is a thread that runs through all human rights and it therefore would neither be informative nor helpful to separate out and report on rule of law strands in its human rights and democracy work.[22] That is an equally powerful argument for an integrated strategy covering all three of these overlapping and interlocking values. In its forthcoming consultation on its Open Societies Strategic Framework the Government should consult about the benefits and risks of adopting such an integrated strategy. An integrated strategy would facilitate a smarter ‘democratic rule of law’ approach, in which the democratic branches are acknowledged to have an important role to play in upholding the rule of law. It would shine a light on policy gaps, such as the lack of rule of law check similar to the Human Rights and Gender Equality check on all UK funded aid programmes. It would also provide a framework for crucial reporting, monitoring and evaluation, which will enhance democratic accountability for this important work.

 

  1. Move beyond rule of law rhetoric by adopting the Venice Commission’s definition of the rule of law and defending it against competing authoritarian conceptions

The Government recently resisted the Foreign Affairs Committee’s recommendation that it should provide a clear definition of what it means by the rule of law, on the ground that it is “a difficult concept to define with consistency” and is often misused by leaders of authoritarian governments who control both the making and the application of the law in their states.[23] The Government’s position on the difficulty of defining the rule of law with consistency is curious. Of course it is true that authoritarian states will claim to be complying with the rule of law, using a much narrower and formalistic conception of it. But not to contest that narrow conception, by robustly arguing for a broader one, is an abdication of rule of law leadership. There is now a very broad consensus about the core meaning of the rule of law which the UK Government should be prepared to defend. The Rule of Law Checklist, drawn up by the Council of Europe’s Venice Commission for Democracy through Law, contains a detailed account of what the rule of law means as a practical concept.[24] It was heavily influenced by the account of the rule of law left to us by Lord Tom Bingham, the former Senior Law Lord, in his 2010 book The Rule of Law.[25]

 

The Government should flesh out its rhetorical invocations of the rule of law and be prepared to be more granular in defining what the rule of law is and what it requires. It should expressly adopt the Venice Commission’s Rule of Law Checklist, which has been endorsed by the Parliamentary Assembly of the Council of Europe, in its work supporting the rule of law abroad, and be prepared to defend that conception of the rule of law against narrow, formalistic conceptions invoked by authoritarian governments.[26]

 

  1. Establish the infrastructure to enable long-term, evidence-based strategic thinking to influence UK Government policy on rule of law

Tobias Ellwood MP, Conservative Chair of the Commons Defence Committee, has recently written that Afghanistan has exposed the shortfalls in Whitehall’s strategic thinking and the reactive nature of UK foreign policy: “Despite the fanfare of our ‘global Britain’ branding, the Whitehall bandwidth is too limited and not sufficiently strategic to offer the big picture thought-leadership that has the potential to generate solutions to international problems.”[27] Tony Blair, reflecting recently on the War on Terror waged after 9/11, made a very similar observation. This is as true for rule of law as it is for foreign policy more generally. The infrastructure necessary to enable long-term, evidence-based strategic thinking to influence policy on supporting rule of law should be created, for example by establishing an innovative Policy and Evidence Centre on the Rule of Law and Democracy modelled on the success of existing centres such as those on Modern Slavery and Human Rights and on the Creative Industries, both funded by the independent research councils.[28]

 

  1. Galvanise international political commitment to collaborative rule of law strengthening by establishing a Global Partnership/Commission for the Rule of Law

Rule of law strengthening requires a collaborative global response, led by a body capable of galvanising international political commitment in multilateral frameworks, such as the Global Education Commission led by former UK Prime Minister Gordon Brown.[29] The UK Government has begun to build on the vision in the Integrated Review of building strategic alliances with like-minded nations for which the rule of law is one of the shared values that forms the basis for collaboration to agree action to address major global challenges.[30] It should go further and initiate the creation of a Global Partnership/Commission for the Rule of Law, to be led by a former world leader with international credibility on the rule of law, capable of securing high-level political buy-in from states and to lead the joining up of the currently disparate and fragmented rule of law programming work taking place globally under a more co-ordinated and collaborative international framework with clear strategic priorities. This effort could be one of the UK’s commitments at the upcoming Summit for Democracy in December, to be galvanised during a UK-hosted Global Conference on the Rule of Law in 2022, following up on the international conference on the Rule of Law held in London in 2012 during the UK Chairmanship of Council of Europe.[31]

 

  1. Leverage resources for rule of law strengthening by establishing a Global Fund for the Rule of Law

Effective rule of law strengthening also requires resources if it is to be scalable. As admirable and important as the work of ROLE UK is, stronger rule of law cannot be achieved on the global scale required by relying on lawyers and judges to put in some pro bono hours to build capacity in developing countries. The UK Government should join forces with other interested governments to establish a Global Fund for the Rule of Law, modelled on other Global Funds such as the Global Fund to End Modern Slavery (GFEMS) and the Global Fund to Fights Aids, Tuberculosis and Malaria, as advocated by the Council on Foreign Relations.[32] A relatively modest contribution of seed funding of £10m each from a number of donor governments committed to the rule of law would likely leverage contributions from the private sector which stands to gain so significantly from the growth in economic prosperity that, evidence suggests, will result from global rule of law strengthening at scale.

 

Murray Hunt is Director of the Bingham Centre for the Rule of Law, an independent research institute dedicated to proactively advancing the rule of law worldwide. He is also Director of the Policy and Evidence Centre on Modern Slavery and Human Rights, which has been established with £10m of funding from UK Research and Innovation’s Strategic Priorities Fund to conduct policy-influencing research capable of transforming the effectiveness of laws and policies to counter modern slavery. He is the UK’s alternate member of the Venice Commission for Democracy through Law, and a Visiting Professor in Human Rights Law at the University of Oxford where he leads the Parliaments, Rule of Law and Human Rights Research Project. He was Legal Adviser to the Joint Committee on Human Rights in the UK Parliament from 2004 to 2017. He is currently a Legal Adviser to the APPG on the Rule of Law. He writes this in a personal capacity.

 

[1] Cabinet Office, Global Britain in a competitive age: The Integrated Review of Security, Defence, Development and Foreign Policy, Gov.uk, March 2021, https://www.gov.uk/government/publications/global-britain-in-a-competitive-age-the-integrated-review-of-security-defence-development-and-foreign-policy

[2] Integrated Review, p. 13, para. 14.

[3] Integrated Review, p. 60.

[4] See e.g. the Constitution of Ireland and the Constitution of India.

[5] Integrated Review, pp. 47-48.

[6] Sir Simon Fraser, Will the UK’s Integrated Review of foreign policy really make a difference?, Flint, April 2021, https://flint-global.com/blog/will-the-uks-integrated-review-of-foreign-policy-really-make-a-difference/

[7] ROLE UK (Rule of Law Expertise), What we do, https://www.roleuk.org.uk/what-we-do; Advocates for International Development (A4ID), see website: https://www.a4id.org/

[8] WFD, About, https://www.wfd.org/about/

[9] UK Research and Innovation, Global Challenges Research Fund, https://www.ukri.org/our-work/collaborating-internationally/global-challenges-research-fund/

[10] Remarks by President Biden on the End of the War in Afghanistan, The White House, August 2021, https://www.whitehouse.gov/briefing-room/speeches-remarks/2021/08/31/remarks-by-president-biden-on-the-end-of-the-war-in-afghanistan/

[11] Tom Bingham (2010). The Rule of Law. London: Penguin Global. pp. 110-111.

[12] Sir Mark Lyall Grant, The Integrated Review’s concept of Global Britain – is it realistic?, King’s College London, July 2021, https://www.kcl.ac.uk/the-integrated-reviews-concept-of-global-britain-is-it-realistic

[13] FCDO and The Rt Hon Dominic Raab MP, A force for good: Global Britain in a competitive age, Gov.uk, March 2021, https://www.gov.uk/government/speeches/a-force-for-good-in-a-competitive-age-foreign-secretary-speech-at-the-aspen-security-conference

[14] Kenan Malik, We should not allow the Anglosphere to distort the history of liberty, The Guardian, September 2021, https://www.theguardian.com/commentisfree/2021/sep/25/the-anglosphere-is-just-a-cover-for-the-old-idea-of-white-superiority

[15] Samuel Sharp, To promote open societies globally, the FCDO must be more realistic, politically savvy and self-aware, ODI, December 2020, https://odi.org/en/insights/to-promote-open-societies-globally-the-fcdo-must-be-more-realistic-politically-savvy-and-self-aware/

[16] For an analysis of the offending clauses of the UK Internal Market Bill, see: https://binghamcentre.biicl.org/publications/united-kingdom-internal-market-bill-consideration-of-house-of-lords-amendments-clauses-44-47

[17] Sir Hugh Bayley, The UK’s approach to tackling modern slavery through the aid programme, ICAI, October 2020, https://icai.independent.gov.uk/review/the-uks-approach-to-tackling-modern-slavery-through-the-aid-programme/

[18] When the Independent Commission for Aid Impact reviewed the UK Development Assistance for Security and Justice in 2015, it concluded that the programme performs relatively poorly overall against ICAI’s criteria for effectiveness and value for money, and that significant improvements were necessary.

[19] ICAI, Future work plan, https://icai.independent.gov.uk/reviews/future-work-plan/

[20] See e.g. the Preface to the FCDO’s 2020 Human Rights and Democracy Report by the then Foreign Secretary Dominic Raab, July 2021, https://www.gov.uk/government/publications/human-rights-and-democracy-report-2020/human-rights-and-democracy-2020-foreign-commonwealth-development-office-report#preface-by-the-foreign-secretary-dominic-raab

[21] See e.g., Ben Ward, The value of a UK strategy on human rights, FPC, September 2020, https://fpc.org.uk/the-value-of-a-uk-strategy-on-human-rights/; Alex Thier, A Force for Good in the World: Placing Democratic Values at the Heart of the UK’s International Strategy, WFD, July 2020, https://www.wfd.org/2020/07/29/a-force-for-good-in-the-world-placing-democratic-values-at-the-heart-of-the-uks-international-strategy/

[22] House of Commons Foreign Affairs Select Committee, Global Britain: Human rights and the rule of law: Government response to the Committee’s Thirteenth Report, Sixteenth Special Report of Session 2017-19, HC 1759, p. 9.

[23] House of Commons Foreign Affairs Committee, Global Britain: Human rights and the rule of law, Thirteenth Report of Session 2017-19, HC 874, para. 24.; House of Commons Foreign Affairs Select Committee, Global Britain: Human rights and the rule of law: Government response to the Committee’s Thirteenth Report, Sixteenth Special Report of Session 2017-19, HC 1759, p. 9.

[24] Venice Commission of the Council of Europe, The Rule of Law Checklist, March 2016, https://www.venice.coe.int/images/SITE%20IMAGES/Publications/Rule_of_Law_Check_List.pdf

[25] Tom Bingham (2010). The Rule of Law. London: Penguin Global.

[26] Council of Europe, Rule of Law Checklist – endorsed by the Parliamentary Assembly, October 2017, https://www.venice.coe.int/webforms/events/?id=2463

[27] Tobias Ellwood, Britain must rediscover the will to lead on global issues, The Guardian, September 2021, https://www.theguardian.com/commentisfree/2021/sep/04/britain-must-rediscover-the-will-to-lead-on-global-issues

[28] Modern Slavery & Human Rights, see website: https://modernslaverypec.org/; Creative Industries: Policy & Evidence Centre, see website: https://www.pec.ac.uk/

[29] The Education Commission, see website: https://educationcommission.org/

[30] See e.g. the Communique of the recent G7 Summit at Carbis Bay, June 2021, https://www.g7uk.org/wp-content/uploads/2021/06/Carbis-Bay-G7-Summit-Communique-PDF-430KB-25-pages-3-1.pdf; and the Shared Statement on the value and role of open societies issued by the G7+ (including Australia, India, the Republic of Korea and South Africa), 2021 Open Societies Statement, June 2021, https://www.g7uk.org/wp-content/uploads/2021/07/2021-Open-Societies-Statement-PDF-355KB-2-pages.pdf

[31] The Summit for Democracy, see website: https://www.state.gov/summit-for-democracy/; Conference on “The Rule of Law as a Practical Concept”, co-convened in London by the European Commission for Democracy through Law in co-operation with the FCO and the Bingham Centre for the Rule of Law under the auspices of the UK Chairmanship of the Committee of Ministers of the Council of Europe, March 2012, https://www.venice.coe.int/webforms/documents/default.aspx?pdffile=CDL%282013%29016-e

[32] Global Fund to End Modern Slavery, see website: https://www.gfems.org/; The Global Fund, see website: https://www.theglobalfund.org/en/; Council on Foreign Relations, see website: https://www.cfr.org/report/global-trust-rule-law

Footnotes
    Related Articles

    As a ‘force for good’, what could and should Global Britain do to help defend civic space around the world?

    Article by Iva Dobichina, Poonam Joshi, Sarah Green and James Savage

    As a ‘force for good’, what could and should Global Britain do to help defend civic space around the world?

    The UK Government’s stated commitment to open societies is unequivocal. In the wide-ranging Integrated Review of Security, Defence, Development and Foreign Policy published in March this year, open societies are lauded as both a moral end in themselves, and the best means to achieve human prosperity and security.[1] Open societies are mentioned repeatedly in the Review and cut across each of the Government’s four high level objectives in this area for the next decade, alongside human rights and an international rules-based system. In the combined Foreign, Commonwealth and Development Office (FCDO) the Government has created an Open Societies and Human Rights (OSHR) Directorate that will support civil society, democratic governance, human rights, and the rule of law. This is extremely welcome in the context of the well documented increase in authoritarianism and autocratic government around the world (an estimated 68 per cent of the world’s population live in autocracies), and a decrease in the number of democratic states over the past 15 years or so.[2]

     

    Many readers would infer from this a concomitant commitment to defending civic space – the place, physical, virtual, and legal, where people exercise their rights to freedom of association, expression, and peaceful assembly, and the engine room of any free and open society. But a pledge to proactively defend civic space and the people in it is not as forthrightly made in the Integrated Review, which in fact sets out policy which could either promote or further harm civic space around the world. Setting up a ‘Civil Society and Civic Space’ department within the OSHR Directorate is potentially a good start, but can only help deliver the UK Government’s commitments to open societies if it has an ambitious strategy with the necessary resources and political championing from the Foreign Secretary to ensure it reaches beyond its departmental silo to positively influence policy and action across government in the realms of trade, development, security, and defence.

     

    Civic space is under attack on every continent. From the criminalisation of peaceful protest, to measures restricting freedom of expression (censorship, internet shutdowns, surveillance and attacks on journalists and academics), and administrative harassment through restrictive NGO laws (making registration and financing of NGOs difficult), and the smearing and harassment, attacks and killings of activists has become routine.[3] This is stifling individuals, movements, non-profit organisations and donors, and it is hampering the innovation which comes from the civic realm, and which would create the solutions to local and global problems that we all desperately need. It is affecting people working on every critical social issue – from climate change and environmental justice to the rights of racial, ethnic, religious minorities, women’s and LGBTI rights, to economic equality and public health. Counter-terrorism is notably often cited as justification for this repression, but it is clear that governments are exceeding proportionate responses to terrorism risks and curtailing critical freedoms.

     

    Those like the UK who maintain that openness is a strength and a necessary condition for good governance and human prosperity, and an antidote to authoritarianism, must more consistently raise the profile of this problem, and push hard for a reversal of the clampdown.

     

    As the Integrated Review’s new policy direction unfurls, and the UK’s leaders, diplomats, trade negotiators and key representatives set out the UK stall, we recommend an additional headline commitment to defending and expanding civic space, and action to back this up at home and overseas. If it is serious about advancing the cause of openness and democracy over the coming decade, the UK should:

    • In bilateral relations and multilateral fora, press governments to respect the rights and civic freedoms of human rights defenders and other civil society actors, and model this commitment by providing flexible and sustainable funding and emergency protection for those who need it;
    • Establish politically smart, adaptable, longer term programmes to foster more sustainable and resilient civic space environments, with broad levels of support across societies (including the domestic private and philanthropic sectors) and government institutions;
    • Use and expand its new ‘Magnitsky-style’ sanctions regime to ensure rapid, coordinated and targeted sanctions against high level officials involved in orchestrating gross human rights violations of fundamental civic freedoms;
    • Champion safeguards for civic space in the UN Global Counter Terrorism Strategy and ensure existing and emerging norms on countering terrorist financing, content moderation and travel surveillance are not used to restrict freedoms of association, expression and movement;[4]
    • Use multilateral fora – including the Open Government Partnership Summit and the Summit of Democracies to impose obligations on all states to switch pandemic response away from the use of emergency security powers and reset it squarely around public health;
    • Work multilaterally and in collaboration with civil society to put human rights and civic space considerations at the centre of cybersecurity policy development. The UK should also ensure transparency of such policy development so that it is available for public scrutiny; and
    • Ensure trade and investment in new science and technology adhere to the most stringent of human rights safeguards. When any new technology with offensive, surveillance or mass data capture capability is under consideration, there must be meaningful practice of consultation with human rights experts and assessment of risk of harm.

     

    Why is civic space under siege and what are the long-term implications?

    There are attacks on the right to assemble and protest, and on free expression both on and offline, on every continent. In Thailand scores of democracy protestors have been arrested this year after also being attacked with rubber bullets, while in Nigeria #EndSARS activists have been harassed, arrested and put under surveillance. After the Black Lives Matter protests following the murder of George Floyd in the USA last year, around 20 state legislatures responded by considering laws restricting the right to protest. In Hungary and Poland, LGBTQI Pride protestors have been singled out by their governments as a threat to the moral order.

     

    Over the last decade governments in every region have passed new anti-NGO laws, sometimes copied from one another, which impose onerous registration requirements, and give authorities powers to monitor and interfere in the work of human rights defenders and civil society organisations, and restrict access to international funding. Amnesty International found that, between 2016 and 2018 alone, almost 40 such laws were proposed and passed.[5] Over the past year new laws have been passed in Guatemala, Nicaragua, Turkey, and Libya, while existing restrictive NGO laws have been tightened in Russia (including adding journalists to the register of foreign agents) and India (severely limiting the NGOs’ ability to access vital funds from overseas donors).[6]

     

    Over the last 18 months governments have used the COVID pandemic to justify increased repression and bring in new laws and measures affecting freedom of expression, privacy and limiting assembly, such that the UN Secretary General was moved to sound the alarm on countries using COVID emergency laws as a pretext to crush dissent and curb freedoms. He has called for a return to universal human rights as the starting point for the pandemic response.[7]

     

    What is driving this?

    Last year the Funders Initiative for Civil Society published an investigation of the trends and drivers of this crackdown on civic space, talking to more than 150 civil society representatives across the world. It found that the constriction has indeed been severe over the last 20 years, and that while its causes are complex, and intertwined with the inequalities and exploitation perpetuated by concentrated economic power and populist movements, it is the abuse of counter-terrorism laws, policies and ‘temporary’ emergency measures that is the dominant driver of closing civic space.[8] Since 9/11 in particular, governments have stepped up the claim that they need to restrict rights to assemble, to organise and to protest in order to keep us safe. UN Security Council resolutions and a now sprawling UN Office for Counter-Terrorism set in motion a template for curbs on protest and free expression, pre-emptive surveillance, travel watchlists, funding controls and a ‘security-justifies-almost-anything’ narrative, which have led some to say counter-terrorism is now effectively the UN’s informal but well-funded fourth pillar, alongside peace and security, human rights and development.[9]

     

    States must act to keep citizens safe, but the creep of using exceptional counter-terrorism measures on a routine basis now sees progressive activists regularly termed ‘extremists’, and essential work on climate, women’s rights, human rights, democracy, racial justice, freedom of religion/belief and migration and land rights made much more difficult. In Hong Kong it is ‘national security’ which is cited when democracy activists are arrested and imprisoned, while in Myanmar counter-terrorism laws have recently been used to prosecute journalists. Egypt has so frequently used anti-terrorism laws to harass and prosecute human rights defenders and journalists that the UN Special Rapporteur on the situation of human rights defenders this year singled the country out for clear misuse of anti-terrorism laws to criminalise civil society and appealed for an immediate halt.[10] A high-profile Saudi women’s rights defender was imprisoned when she challenged the country’s strict guardianship laws and the state used anti-terror laws against her, accusing her of ‘pursuing a foreign agenda’.[11] In India, activists fighting the draconian anti-Muslim citizenship laws have been arrested and imprisoned using counter-terror laws.[12] Governments are increasingly citing counter-terrorism as justification for cracking down on civic space and their opponents.

     

    As we mark 20 years since the horrific 9/11 attacks and the loss of thousands of lives which ensued, there is considerable reflection on whether the policies and action pursued since have kept us all safe. The UN Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism found, in a comprehensive 2019 report, that measures introduced to prevent terrorism and violent extremism (including funding restrictions, travel surveillance, content moderation, protest bans) are in practice primarily being used to criminalise activism and dissent.[13] States that purport to be stalwart guardians of human rights have failed to uphold adequate rights protections in the international counter-terrorism agenda, allowing it instead to be co-opted and funded by authoritarian states, such as Qatar and Saudi Arabia.[14]

     

    The UK Government’s Integrated Review acknowledges increasing authoritarianism and says political and economic power are set to be more contested this decade, with increasing complexity and a shift to multi-polarity as the world and its stumbling governance gets to grips with the climate crisis, managing pandemics, persistent conflict, humanitarian disasters and poverty. It assesses the UK’s prospects as based on its relatively large economy, its place at key tables including the UN, and being a ‘soft power superpower’. If the UK is to be a ‘force for good’ in the world, it must be prepared to champion civil society and unfettered civic space at these tables and make the case for reversing the measures which have harmed civic space and which threaten openness and shared prosperity for us all.

     

    Where is UK policy in tune with protecting civic space, and where might UK policy lead to harm?

    The Integrated Review includes a comprehensive setting out of the geopolitical context in which new UK foreign, defence, security, and development policy will be developed. These include, of course, complex, meta-level challenges that no single state could ever solve alone. This is where the critical bridge to protection of civic space needs to be made. It is the people in open and free civic space that will generate many of the ideas and action we need to tackle these problems, but they cannot do that when they are harassed and under siege.

     

    There is commitment in the Integrated Review to long-term UK work to protect human rights, the rule of law and implicitly civic space. The UK Government’s initiation and high-level championing of the Global Media Defence Fund, recognising the targeting of journalists and offering both individual casework support as well as pushing for better legal protection of journalists in the first place, is very welcome. Civil society cannot thrive while those who would report impartially and hold power to account are threatened for doing so. It is worrying that one of the first tests of this policy however, ensuring Afghan journalists who had worked with UK media outlets were among those prioritised for help to leave when the Taliban took over, saw hesitation and delay.

     

    Equally, the UK’s adoption of its new independent ‘Magnitsky-style’ sanctions regime for putting travel bans and asset freezes on those who commit human rights violations indicates a willingness to challenge those who do harm, even when there may be diplomatic and other costs for the UK. But it currently stops short of providing protection to those targeted for exercising their civic freedoms. People standing up for democracy and basic rule of law are routinely attacked by several of the UK’s strategic security and trade partners including India, Kenya, Uganda and Saudi Arabia to name only a few. In line with developments in some G7 countries, the UK could use and expand its regime to ensure rapid, coordinated and targeted sanctions against high level officials involved in orchestrating gross human rights violations of fundamental freedoms of association and assembly, expression and information, and participation.

     

    Similarly, in order to succeed when promoting openness internationally, the UK needs to have its own house in order. Laws and policies that undermine civic space, such as the Police, Crime, Sentencing and Courts Bill, which threatens to not only restrict but criminalise the right to protest, can easily be cited by governments overseas telling the UK not to interfere in their activities. The current proposals to weaken judicial review, not to mention the terrible accompanying political rhetoric demonising human rights lawyers, need urgent reconsideration. And, as forces across the UK pilot facial recognition technologies, and transport hubs and shopping centres are scanning millions of people’s faces without consent, the UK could demonstrate its leadership on privacy by introducing an immediate ban on police and private company use of facial recognition in areas open to the public. For the same reasons, the proposals to limit the reach and authority of the Information Commissioner precisely at the moment the UK moves away from the gold standard European data protection regulations should also be re-examined. As a first step the UK could demonstrate its commitment to civic space at home by requesting the OECD’s Observatory of Civic Space to conduct a Civic Space Scan of the UK (as Finland has recently done) that will benchmark the status of domestic civic space and offer expert guidance on ways to strengthen existing frameworks and practices.[15]

     

    The Integrated Review sets out the UK’s welcome commitment to ‘active diplomacy’, ‘maximising the UK’s convening power’ and its intent to seek election to new multilateral fora that will ‘shape the international order.’ There is huge potential to be a ‘force for good’ here. As a Security Council member, the UK is very well positioned to substantially influence the UN’s counter-terrorism agenda, and should seize the opportunity to ensure public security frameworks have proper clarity of scope (including through clear and narrow definitions of terrorism and extremism), and that civil society groups are included in counter-terrorism policy development. Concrete action might also include pushing for stronger safeguards for civic space and civil society in the UN Global Counter Terrorism Strategy and future UN resolutions regarding civic space; support for a clear compendium of all COVID-related emergency measures, with a scheme to review these and set dates for their repeal; pushing for the creation of an independent human rights impacts monitoring mechanism and indicating that further funding to the UN Office of Counter Terrorism conditional on this; and action to reset the international ‘countering-terrorism financing’ controls which have had the unintended consequence of removing civil society’s access to critical funds.[16]

     

    The Integrated Review underscores the UK’s commitment to leadership in development of international cybersecurity and internet governance frameworks, aligned with freedom of expression, freedom of assembly and association, access to information and privacy. Such a commitment is welcome as it is critical to safeguarding meaningful civic space around the world. The tremendous power of new and emerging information technologies means that as well as promising huge social and economic benefits, they are also very attractive to those who would use them to monitor and restrict democratic activities. As part of its commitment to openness the UK should advocate for rights respecting policy and governance in this area, and the deterrence of trade in ‘dual use’ technologies that may do harm – perhaps even joining the call for a moratorium on the export of surveillance technologies that can be used against human rights defenders and other members of civil society.[17] Similarly the UK’s policy on and conduct of trade negotiations needs to be coherent with the commitment to open societies and protecting civic space, meaning privacy standards and data protection must not be on the bargaining table.

     

    How might the UK use its resources to meet its commitments to supporting open societies?

    To make scarce resources work harder, the UK could combine innovation and collaboration with like-minded donors from public and private funding communities through strengthening existing and forming new pooled funds that support networks and coalitions addressing three essential pillars of an enabling environment for civil society. Firstly, with continuous waves of peaceful demonstrations occurring worldwide, existing legal defence and protection groups and mechanisms are overwhelmed, struggling to mobilise sufficient resources to provide quality assistance to detained activists. There is a specific opportunity for the UK to pool donor funds to resource a new global network of national, regional, and international organisations, coordinated by CIVICUS, to defend the right to protest and dissent on and offline. Secondly, with the increase of large-scale crises such as the ones in Belarus, Myanmar and increasing risks in Afghanistan, the existing international human rights defenders’ protection mechanisms supported by bilateral and multilateral agencies (such as Lifeline: Embattled CSO Fund and ProtectDefenders.eu), and several excellent regional funds (including in the UK’s priority geographies of the Indo-Pacific and Sub-Saharan Africa) are struggling with capacity and resourcing. The UK should increase its contributions to those mechanisms and design a common strategy to increase the efficiency in delivering assistance to activists at risk. Thirdly, if the UK wants to effectively tackle the drivers and enablers of authoritarianism and closing civic space, especially with regard to the rights implications of emerging counter-terrorism and cybersecurity frameworks, it could consider contributing to a new, ground-breaking Global Initiative on Civic Space and Security supported by our organisations that will facilitate flexible and aligned collaboration among donors, civil society and other partners (such as from the tech and creative arts sectors).

     

    How the UK funds this work is also important, especially given the signal in the Integrated Review to evolve the UK’s offer ‘using a variety of funding models’ and considering the reckoning the FCDO has to make with decolonising aid, increasing diversity and inclusivity, and shifting power toward a more ‘locally-led’ approach to rights-based development. The FCDO could model how to fund civil society advancing open societies and civic space in two ways: (1) by ensuring it funds in line with the G7 Open Societies statement and the newly agreed OECD DAC Recommendation on Enabling Civil Society in Development Co-operation and Humanitarian Assistance, which prioritises in Pillar One ‘Respecting, Protecting And Promoting Civic Space’;[18] and (2) by modelling with other bilateral agencies, such as the Swedish International Development Cooperation Agency (SIDA), and building on their ‘Guiding Principles for Engagement With and Support to Civil Society’, an approach rooted in trust-based financial support and grant making that follows locally led decisions about priorities, in line with what civil society groups say they need to successfully defend and expand civic space and open societies.[19]

     

    A real ‘force for good’

    The UK is not the only liberal democracy at a critical juncture in its domestic and diplomatic relationship with countering terrorism and promoting open societies and human rights. The last 20 years have seen enormous costs to human rights and security, and not least in handing authoritarian governments an extended licence to justify any new measure as ‘counter-terrorism’ and restrict civic space. As we look ahead to a decade of enormous challenges, we desperately need multilateral solutions forged with as much good faith as can be built. Active diplomacy, convening new accountable fora and using elected positions wisely, and with integrity, could make all the difference. There is a Summit for Democracy on the horizon, where profiling civic space and commitments to its protection and expansion can be made on the world stage. The work to ensure civil society thrives in free and open civic spaces needs doing both quietly and on platforms, bilaterally and multilaterally, and needs resource as well as good intentions.

     

    And it is not only the UK Government who needs to step up; civil society should stand up for its own. A wide range of UK actors should be prominent and active in naming the attacks on civic space and helping to demolish the impunity it currently has. MPs across all parties partake in many inter-parliamentary fora, where there are opportunities to raise the profile of these issues, and the Speaker and his office, should be on hand to support and promote such efforts. The Westminster Foundation for Democracy should build on its existing research and utilise its networks and close relationship with parliaments, parties, and civil society to push for the expansion of civic space through its country offices.[20]

     

    The philanthropy community, including our organisations, are ready to support this work in tandem with the UK Government and multilateral bodies. We have an analysis, networks, strategies and resources ready to power up and challenge the crackdown on civic space.

     

    Iva Dobichina is Division Director with the Open Society Human Rights Initiative. Previously she worked for Freedom House, an independent, US-based watchdog organization, where she served as director of programs for Central Asia. 

     

    Poonam Joshi is Director of The Funders Initiative for Civil Society. She is a lawyer and was previously at the Sigrid Rausing Trust and Amnesty International UK.

     

    Sarah Green is a consultant for The Funders Initiative for Civil Society, and works in human rights and gender-based violence advocacy and campaigns

     

    James Savage is the Program Director of the Enabling Environment for Human Rights Defenders at The Fund for Global Human Rights, and previously worked at Amnesty International UK and for Peace Brigades International.

     

    [1] HM Government, Global Britain in a competitive age: The Integrated Review of Security, Defence, Development and Foreign Policy, March 2021, https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/975077/Global_Britain_in_a_Competitive_Age-_the_Integrated_Review_of_Security__Defence__Development_and_Foreign_Policy.pdf

    [2] V-Dem Institute Democracy Report, March 2021, https://www.v-dem.net/en/publications/democracy-reports/; Economist Intelligence Unit, Democracy Index, 2020, https://www.eiu.com/n/campaigns/democracy-index-2020/; Sarah Repucci and Amy Slipwitz, Democracy Under Siege, Freedom House, 2021, https://freedomhouse.org/report/freedom-world/2021/democracy-under-siege

    [3] Frontline Defenders Global Analysis 2020, https://www.frontlinedefenders.org/sites/default/files/fld_global_analysis_2020.pdf; and Last line of Defence, Global Witness, September 2021, https://www.globalwitness.org/en/campaigns/environmental-activists/last-line-defence/

    [4] United Nations: Office of Counter-Terrorism, UN Global Counter-Terrorism Strategy, https://www.un.org/counterterrorism/un-global-counter-terrorism-strategy

    [5] Amnesty International, Laws designed to silence: The global crackdown on civil society organizations, February 2019, https://www.amnesty.org/en/documents/act30/9647/2019/en/

    [6] International Center for Not-For-Profit Law (ICNL) Civic Freedom Monitor, https://www.icnl.org/resources/civic-freedom-monitor

    [7] International Center for Not-For-Profit Law (ICNL) COVID Tracker https://www.icnl.org/covid19tracker/; and Antonio Guterres, The world faces a pandemic of human right abuses in the wake of COVID-19, The Guardian, February 2021, https://www.theguardian.com/global-development/2021/feb/22/world-faces-pandemic-human-rights-abuses-covid-19-antonio-guterres

    [8] Ben Hayes and Poonam Joshi, Rethinking civic space in an age of intersectional crises: a briefing for funders, The Funders Initiative for Civil Society, May 2020, https://global-dialogue.org/rethinking-civic-space/

    [9] Ali Altiok and Jordan Street, A fourth pillar for the United Nations? The rise of counter-terrorism, Saferworld, June 2020, https://www.saferworld.org.uk/resources/publications/1256-a-fourth-pillar-for-the-united-nations-the-rise-of-counter-terrorism

    [10] OHCHR, Egypt’s targeting of human rights defenders must stop, says UN expert, January 2021, https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=26682

    [11] Amnesty International, Saudi Arabia: Verdict upheld against Loujain al-Hathloul, March 2021, https://www.amnesty.org/en/documents/mde23/3869/2021/en/

    [12] Human Rights Watch, India: Activists Detained for Peaceful Dissent, April 2020, https://www.hrw.org/news/2020/04/15/india-activists-detained-peaceful-dissent

    [13] UN Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism, Annual Report 2019, see: https://www.ohchr.org/EN/Issues/Terrorism/Pages/Annual.aspxsee

    [14] UN Office of Counter-Terrorism, Funding and donors, https://www.un.org/counterterrorism/funding-and-donors

    [15] Organisation for Economic Co-operation and Development (OECD) Observatory of Civic Space: https://www.oecd.org/gov/open-government/civic-space.htm

    [16] ECNL submission to the UN Human Rights Council’s on the impact of counter-terrorism financing measures on human rights , see: https://www.ohchr.org/Documents/HRBodies/HRCouncil/AdvisoryCom/Terrorism/EuropeanCenter.pdf

    [17] OHCHR, Spyware scandal: UN experts call for moratorium on sale of ‘life threatening’ surveillance tech, August 2021, https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=27379&LangID=E

    [18] OECD Development Assistance Committee (DAC) Recommendation on Enabling Civil Society in Development Co-operation and Humanitarian Assistance, July 2021, https://legalinstruments.oecd.org/en/instruments/OECD-LEGAL-5021

    [19] Swedish International Development Cooperation Agency (Sida), Guiding Principles for Sida’s Engagement with and Support to Civil Society, 2019, https://www.sida.se/en/publications/guiding-principles-for-sidas-engagement-with-and-support-to-civil-society-full-version

    [20] WFD, Time to stop talking about ‘closing space’ for civil society?, October 2017,https://www.wfd.org/2017/10/31/time-stop-talking-closing-space-civil-society/; Julia Keutgen, 4 things parliaments can do to protect citizens’ democratic freedoms, WFD, March 2021, https://www.wfd.org/2021/03/05/4-things-parliaments-can-do-to-protect-citizens-democratic-freedoms/; Julia Keutgen and Susan Dodsworth, Addressing the global emergency of shrinking civic space and how to reclaim it: A programming guide, WFD, March 2021, https://www.wfd.org/2021/03/02/shrinking-civil-space/

    Footnotes
      Related Articles

      The link between open economies and open societies

      Article by Kim Eric Bettcher

      The link between open economies and open societies

      The challenge of defending and advancing democracy around the world is intertwined with economic challenges facing the UK and other societies:

       

      “Open and democratic societies like the UK must demonstrate they are match-fit for a more competitive world. We must show that the freedom to speak, think and choose – and therefore to innovate – offers an inherent advantage; and that liberal democracy and free markets remain the best model for the social and economic advancement of humankind.” – Foreword from the Prime Minister to the Integrated Review.[1]

       

      Indeed, while the enduring strength of democracy lies in the legitimacy of near universal values, democracy must deliver tangible benefits to citizens to be sustained and demonstrate its superiority over other forms of government. Citizens expect their system of government to enable or provide economic growth, individual opportunities, public goods, and social services. Open economies—based on individual liberty, rule of law, and equality of opportunity—help make democracy deliver on these expectations, giving citizens a stake in their society. At the same time, the dynamics of open economies serve as a check on authoritarian tendencies.

       

      To overlook open economies in a democracy assistance strategy would be at best to limit reform space and demand for accountable government, and at worst to risk succumbing to populist pressures, authoritarian interference, or corrupt interests. Much as policymakers in the development field have been exhorted to ‘think politically’, policymakers in the democracy assistance field should consider the economic influences on political life. They should take into account how the values and institutions of open economies reinforce democratic values and institutions, how private sector interests and organisations relate to civil society and power structures, and how models of economic governance shape the rule of law, rights, and democratic governance.

       

      This chapter summarises the relationship between open economies and open societies, illustrates strategic opportunities to support democracy with an open economy approach, and recommends actions to respond to current challenges and integrate economic development into democracy assistance. The chapter is informed by the experiences of the Center for International Private Enterprise (CIPE), which was founded on the idea that political and economic rights are mutually reinforcing, and that private sector participation in policy discourse enlarges the constituency for democracy.

       

      Contributions of open economies to open societies

      The connections between economic growth, prosperity, and democracy have been extensively studied. Although there remains debate about causal relationships, meaningful patterns have been established. Recently for example, the Heritage Foundation illustrates how its index of economic freedom correlates well with the Economist Intelligence Unit’s democracy index.[2] One of the takeaways from the literature is that open economies are more closely linked to democratic development than is raw economic growth, which can be initiated by state-driven industrialisation or natural resource rents under different types of regime. Another takeaway is that the conditions for democracy must be cultivated; one cannot assume that democracy is the necessary outcome of economic development.

       

      There are several lines of argument about these connections, beginning with modernisation theory. Seymour Martin Lipset observed that a number of socioeconomic aspects of development were supportive of democratisation, namely education, rising income, urbanisation, and industrialisation.[3] Similarly, the emergence of a strong middle class has historically been associated with rising demand for democracy. As Barrington Moore noted, “No bourgeoisie, no democracy.”[4] The “third wave” of democratisation since 1974 was actively led by participation from the urban middle class.[5]

       

      Open economies are distinguished from extractive economies by their normative basis. “The concepts that underpin a free society are fundamental to free markets, too: values like transparency, open competition, and the rule of law.”[6] Constituencies for change can coalesce around these values. The competitive private sector (unlike crony capitalists) has a stake in liberal, democratic systems that respect rights, manage conflicts, and invest in public goods and human capital. Therefore, business has often led the way in seeking accountable government.[7]

       

      Peter Berger observed that an open economy, also referred to as a market economy or capitalist economy, “provides the social space within which individuals, groups, and entire institutional complexes can develop independent of state control” and “creates space and opportunity for civil society.” [8] Authoritarian and statist growth models do not tolerate this space, nor do they tolerate economic competition which may generate autonomous sources of power and pluralism.[9] Indeed, democratic theorist Robert Dahl argued that competitive politics requires a pluralistic social order, which in turn requires a decentralised economy.[10]

       


      What is a market economy?

      A market economy (as an ideal) is a competitive economic system where the rules are the same for all participants.

      • A private sector economy is not necessarily a market economy. If the behaviour of private economic actors revolves around rent-seeking, corruption, and cronyism, it is not a market economy.
      • A laissez-faire policy is not adequate for markets to function. A market economy can emerge when the government guarantees consistent, fair laws and rules.[11]

       

      The logic of competition explains the persistent relationship between open economies and open societies:

       

      “Open access orders maintain their equilibrium by allowing a wide range of economic and social interests to compete for control of the polity. Creative economic destruction produces a constantly shifting spectrum of competing economic interests. The inability of the state to manipulate economic interests sustains open political competition: politicians cannot cripple their opponents by denying them economic resources.”[12]

       

      Market economies, by permitting and encouraging open competition, stimulate greater pluralism and regular renewal. A competitive, responsible private sector in an open economy provides an important counterweight to the state, injects dynamism into political discourse, and makes possible a vibrant civil society.

       

      Finally, economic rights and governance constrain the uses and abuses of authority. “Private ownership of the means of production is a crucial bulwark against an overweening state and eventual political tyranny.”[13] The same government that could arbitrarily seize private property could violate civil liberties and repress opposition. Market economies and sustainable growth require institutional structures that protect property rights, enforce contracts, ensure open competition, and facilitate access to information, all within a system of rule of law. Once in place, these institutions serve to uphold a political order based on constitutional, not arbitrary rule.

       

      Critics of modernisation theory point out that the causal relationships are unclear and that not all good things go together. One famous study by Przeworski et al. concluded that development, as measured by per capita GDP, was important to sustaining democracy but not to its emergence.[14] Notable cases of capitalist systems that were not associated with democracy include Singapore and pre-democratic Chile (which made the transition in 1990). China adopted elements of a market economy, though the state sector remains privileged and state influence over the private sector has been reasserted. All in all, the body of evidence for synergies between development and democracy holds up well but the critiques draw attention to diverging country experiences and the need to identify mechanisms of change.[15]

       

      If not all things necessarily go together, would it be better to sequence reforms in order to focus on ‘preconditions’ for democracy, such as economic development and state capacity? Thomas Carothers has cautioned against this version of sequencing, noting that enlightened autocrats who promote economic development and rule of law are actually quite exceptional. Instead, policymakers would do better to adopt gradualist, iterative strategies to expand competition and choice.[16] More important than sequencing may be the adoption of integrated governance and growth strategies that “work with the grain” in each country.[17]

       

      Strategic Opportunities

      Fortunately from a strategic standpoint, there are multiple avenues to promote open economies that are conducive to democratic openings or transitions. Five broad areas of opportunity are described below. The best opportunities in each case will be a function of local conditions and demand.

       

      Fighting corruption

      Corruption holds back democracy by undermining public systems, sapping public trust, and subjugating citizens’ will to private interests. It prevents business from thriving by rendering contracts arbitrary and hard to enforce and exposing business to extortion and legal risk. If one views corruption as an institutional problem rather than a moral problem, effective responses involve reducing incentives and opportunities for corrupt behaviour, as well as improving institutions of governance. Such an anti-corruption strategy would tackle underlying causes of corruption: unclear, complex, and frequently changing regulations; lack of transparency and accountability; barriers to competition (and exemptions for cronies); and implementation gaps between laws on the books and their de facto application.

       

      Business can be the source of corruption or the victim, but it can also be the solution. Private sector initiatives for collective action set a higher standard that rewards the participating companies and reduces the vulnerability of companies that resist paying bribes. The B20 Collective Action Hub contains many example initiatives and resources.[18] Across Africa, CIPE’s Ethics 1st initiative sets a governance and corporate ethics compliance benchmark, adapted for emerging markets from internationally recognised standards, to de-risk investment into African economies and better integrate companies across the continent into global value chains.

       

      Bolstering democratic governance and defending against authoritarianism

      Although democratic legitimacy begins with the people’s choice of representatives through elections, it is sustained when governments deliver on promises. Between elections, citizens need avenues to participate in decision-making, offer feedback, and hold government accountable for its performance. For instance, structured public-private dialogue (PPD) enables participatory policymaking, improves the quality of representation, and builds transparency and accountability into policymaking and policy implementation.[19] In Kenya, PPD platforms exist at all levels from the Presidential Roundtable to county budget forums.[20] Participation by groups like the Kenya Private Sector Alliance, Kenya Association of Manufacturers, and Kenya Association of Vendors and Traders shaped numerous laws, among them the Transition to Devolved Government Act, Bribery Act, and Micro and Small Enterprise Act, and helped improve local services such as roads, sewage systems and street lighting.[21] Donors such as the World Bank, GIZ, SIDA, USAID, and UNDP have supported dialogue platforms on a wide range of topics from business competitiveness and inclusive growth to the green economy, Sustainable Development Goals, responsible investing, and governance.

       

      Increasingly, democratic governance must be defended against external authoritarian influence. In 2018, CIPE identified the challenge of “corrosive capital” originating in China, Russia, and other countries, which lacks transparency, accountability, and market orientation.[22] When opaque finance enters recipient countries through governance gaps, it commonly has negative impacts on human rights, the environment, small business, and labour, not to mention exacerbating governance challenges. CIPE has reported on these financial flows and associated problems in the Western Balkans, Southeast Asia, and other regions. Counter-measures to neutralise corrosive capital include: enacting policies that clearly govern foreign investment, strengthening public procurement systems, increasing transparency of public budgets, and enabling civil society monitoring, and potentially tapping new sources of development finance. Enabling well-governed, “constructive” investments can drive the creation of a more transparent and market-oriented business culture, leading to a virtuous economic cycle that augments the efficiency of markets and fosters greater social inclusion.[23]

       

      Promoting ethical practice and respect for human rights

      Business and human rights and responsible business conduct are topics of growing interest in the democracy and development communities. While relevant standards have largely been focused on multinational enterprises, there remains scope to assist local businesses in adapting international best practices (United Nations Guiding Principles on Business and Human Rights) to their context and adopting compliance systems, as well as having a voice in emerging human rights legislation.[24] Corporate governance initiatives, anchored in stakeholder governance models and risk management, provide a solid framework for raising standards at the firm or industry level.

       

      The United Nations Global Compact assists companies to “move from commitment to action” on human rights through five areas of business engagement: awareness raising, capacity building, recognising leadership, policy dialogue, and multi-stakeholder partnerships.[25] Resources on these topics are also available from the Business and Human Rights Resource Centre and from BSR (formerly Business for Social Responsibility). The International Finance Corporation has related resources on corporate governance, stakeholder engagement, and risk management.

       

      Supporting civic values and civil society

      Business increasingly recognises that liberal values are being challenged, and that it cannot be passive in the defense of values. The US Chamber of Commerce Foundation has established a Civics Forward initiative to convene business leaders around civic education and civil discourse, declaring, “informed and active citizens make for a stronger country, a stronger economy, and a stronger workforce.”[26]

       

      Not to be forgotten, non-profit business associations represent significant constituencies within civil society—including small business and diverse entrepreneurs. Alexis de Tocqueville, in Democracy in America, recognised the important roles of associations in preserving political independence and pursuing common aims. Independent, organised business can resist arbitrary government action and provide space for plurality of expression. In closed regimes, advocacy for economic reform is often one of the few avenues available to exercise freedoms of association and speech. Donors that support public-private dialogue toward policy reform commonly include association capacity building as a component of their programmes. In Ethiopia, CIPE has worked with more than 50 membership-based organisations and established a Civic Engagement Hub for civil society organisations.

       

      Opening pathways for new groups to access opportunity

      Most thinkers on democracy, starting with Robert Dahl, would agree that extreme inequality is harmful to democracy because it limits citizens’ ability to participate effectively and reduces their trust in the regime. Thus, economic inclusion, typically part of development work, should be paired with strategies for democracy assistance. One important dimension of inclusion, women’s economic empowerment, can change the status of women within households and communities, and even increase their ability to participate in politics. To empower individual women in Papua New Guinea, CIPE, supported by Australia’s Department of Foreign Affairs and Trade (DFAT), established a Women’s Business Resource Centre for women of all backgrounds to access business services, training, and support, with childcare services provided.[27] To lower systemic barriers and reduce inequities, collective action through CIPE’s Women’s Business Agenda process has been employed in South Asia and Africa. In Nigeria, a coalition first formed in 2013 now has 52 member organisations representing more than four million women entrepreneurs and businesswomen and updated its platform in 2020 to raise issues of security, access to electricity, infrastructure, gender equality and access to finance.[28]

       

      Recommendations for UK strategy

      In order to support open economies in ways that reinforce democratic development and open societies, the UK can take a leadership role by shaping foreign assistance in line with its values while learning from the experience of other development partners.

       

      The adaptability of democracy will depend on finding satisfactory solutions to current challenges:

      • Restoring trust in open markets and free enterprise: This will require assuring citizens that market institutions fairly apply the same rules to everyone, that corruption is under control, and that businesses operate ethically.
      • Reducing inequality within countries: This will require expanding economic opportunities and ensuring access to opportunity by disadvantaged groups in addition to democratising services and providing social safety nets.
      • Countering the erosion of democratic institutions by domestic and external forces: This will require constraints on authoritarian finance, anti-corruption measures, and new roles for business in defending the pillars of open societies.

       

      By the nature of these challenges, as Thomas Carothers as argued, economic concerns should be integrated into democracy support, replacing the typical silos of development and democracy within foreign assistance programmes. This does not entail adding new programmes or detracting from rights-based approaches so much as identifying complementary resources and approaches. Integration could include: focusing on contributions of economic governance to rule of law and respect for rights; engaging grassroots business constituencies and supporting women entrepreneurs and business leaders to engage in politics; treating economic inclusion as a path to enfranchisement; and handling issues of development policy within countries as opportunities for participatory governance. On the development side of the equation, integration could include: embracing democratic governance as part of improving human welfare; enhancing governance as a means to improve performance management or the legitimacy of country ownership; and applying politically smarter methods in development programmes.[29]

       

      Depending on a country’s conditions with respect to freedom, institutional development, and civil society, UK strategy can target interventions that leverage economic drivers of change and business constituencies who share a stake in competitive, rules-based, and value-based reforms. Once the strategic opportunity has been targeted, the UK can select modalities from its repertoire that fit the purpose. Many widely used modalities for private sector engagement, as identified by the OECD, are quite amenable to democracy assistance, namely: knowledge and information sharing, policy dialogue, technical assistance, capacity development, and finance. Of these, finance tends toward transactional activities, but more broadly construed could involve support for civil society and democratic institutions.

       

      Country-level strategy for open economies should be informed by high-level discussion and co-creation with the private sector, civil society, economists, and others. Too often, donors take a top-down approach to engaging partners.[30] In democracy assistance, it is even more vital to engage varied interests—as in open access orders—and not confine assistance to the technical aspects of institution building and governance. A coherent strategy for open economies must support inclusive, market-driven approaches based on positive incentive structures; establish robust partnership frameworks (such as the Kampala Principles);[31] and nurture the development of broad reform coalitions that sustain the political economy of reform.

       

      Conclusion

      Open economies and open societies have delivered tremendous human progress, yet in recent years have not fully lived up to expectations. The resurgence of competing models signals three things. First, the institutional ‘infrastructure’ of market economies and the liberal order must be restored to be more resilient, responsive, and equitable. Second, the enabling environment for technological, economic, and social innovations must be improved to develop new markets, business models, and governance mechanisms that expand opportunity and meet today’s challenges. Third, defenders of open societies and open economies should come together to counter authoritarian, illiberal, populist approaches and show that their model offers effective, more legitimate, and more sustainable solutions to citizens’ needs.

       

      The UK has existing capabilities for private sector engagement, business climate reform, and anti-corruption, all of which could be paired effectively with democracy assistance mechanisms. The purpose of this integration would not be to redirect democracy support but to reinforce democratic values, rights, and institutions with corresponding values, interests, rule of law, and pluralism in the economic sphere. The targeted application by the UK of mutually reinforcing strategies, in support of locally driven change, will help sustain both democratic openings and more inclusive growth. This new focus on the economic dimension of democracy assistance can bolster democratic legitimacy and performance in democracy that delivers.

       

      Kim Eric Bettcher leads the Center for International Private Enterprise’s (CIPE) Policy and Program Learning department, including knowledge management and applied research. PPL facilitates the international exchange of good practice, lessons learned, and policy options for democratic and market transitions. Dr. Bettcher has created numerous programme resources for CIPE on democratic governance, private sector engagement, entrepreneurship ecosystems, public-private dialogue, and other themes. He also manages the secretariat of the Free Enterprise & Democracy Network. Previously a research associate at Harvard Business School, Bettcher holds a Ph.D. in political science from Johns Hopkins University and a bachelor’s degree from Harvard College. 

       

      [1] HM Government, Global Britain in a competitive age The Integrated Review of Security, Defence, Development and Foreign Policy, March 2021, https://www.gov.uk/government/publications/global-britain-in-a-competitive-age-the-integrated-review-of-security-defence-development-and-foreign-policy

      [2] Heritage Foundation, Economic Freedom Around the World: The Key to Human Progress, in the 2021 Index of Economic Freedom, https://www.heritage.org/index/pdf/2021/book/2021_IndexofEconomicFreedom_CHAPTER03.pdf

      [3] Seymour Martin Lipset (1981). Political Man: The Social Bases of Politics. Baltimore, Maryland: Johns Hopkins University Press.

      [4] Barrington Moore, Jr. (1966). Social Origins of Dictatorship and Democracy: Lord and Peasant in the Making of the Modern World. Boston: Beacon Press.

      [5] Samuel P. Huntington (1991). The Third Wave: Democratization in the Late Twentieth Century. Norman, OK: University of Oklahoma Press. pp. 65-68.

      [6] Andrew Wilson, Business Values Are Democratic Values, Voice of America, May 2016, https://blogs.voanews.com/us-opinion/2016/05/17/business-values-are-democratic-values/

      [7] Larry Diamond, Democracy and Economic Reform: Tensions, Compatibilities, and Strategies for Reconciliation, in Economic Transition in Eastern Europe and Russia: Realities of Reform, ed. Edward P. Lazear (1995). Stanford: Hoover Institution Press. pp. 111–112; Ben Ross Schneider (2004). Business, Politics, and the State in Twentieth-Century Latin America. Cambridge: Cambridge University Press. pp. 246–250; Didi Kuo (2018). Clientelism, Capitalism, and Democracy: The Rise of Programmatic Politics in the United States and Britain. Cambridge University Press.

      [8] Peter Berger, The Uncertain Triumph of Democratic Capitalism, in Capitalism, Socialism, and Democracy Revisited, eds. Larry Diamond and Marc F. Plattner (1993). Baltimore: Johns Hopkins University Press.

      [9] Note that Scandinavian-style welfare state systems still have high levels of economic freedom. Heritage Foundation, 2021 Index of Economic Freedom.

      [10] Robert A. Dahl (1971). Polyarchy: Participation and Opposition. New Haven: Yale University Press. p. 60.

      [11] Kim Eric Bettcher, CIPE Guide to Governance Reform, CIPE, August 2014, https://www.cipe.org/resources/cipe-guide-governance-reform/

      [12] Douglass C. North et al., Limited Access Orders in the Developing World: A New Approach to the Problems of Development, World Bank Policy Research Working Paper 4359, September 2007, p. 19, https://openknowledge.worldbank.org/handle/10986/7341

      [13] Larry Diamond, Political Freedom and Human Prosperity, Hoover Institution Essay Series on Socialism and Free-Market Capitalism: The Human Prosperity Project, Stanford University, 2020, p. 2.

      [14] Adam Przeworski et al. (2020). Democracy and Development: Political Institutions and Well-Being in the World, 1950–1990. Cambridge: Cambridge University Press.

      [15] Carles Boix and Susan C. Stokes, Endogenous Democratization, World Politics 55 no. 4, July 2003, https://www.jstor.org/stable/25054237; Julian Wucherpfennig and Franziska Deutsch, Modernization and Democracy: Theories and Evidence Revisited, Center for Comparative and International Studies, ETH Zurich and University of Zurich, Living Reviews in Democracy 2009, https://ethz.ch/content/dam/ethz/special-interest/gess/cis/cis-dam/CIS_DAM_2015/WorkingPapers/Living_Reviews_Democracy/Wucherpfennig%20Deutsch.pdf

      [16] Thomas Carothers, How Democracies Emerge: The ‘Sequencing’ Fallacy, Journal of Democracy 18 no. 1, January 2007, https://journalofdemocracy.org/articles/how-democracies-emerge-the-sequencing-fallacy/

      [17] Brian Levy (2014). Working with the Grain: Integrating Governance and Growth in Development Strategies. Oxford: Oxford University Press.

      [18] Basel Institute on Governance, B20 Collective Action Hub, Baselgovernance.org/b20-collective-action-hub

      [19] Kim Eric Bettcher, Benjamin Herzberg, and Anna Kompanek, Public-Private Dialogue: The Key to Good Governance and Development, CIPE, January 2015, https://www.cipe.org/resources/public-private-dialogue-key-good-governance-development/

      [20] KEPSA, Public private dialogue, https://kepsa.or.ke/public-private-dialogue/

      [21] CIPE, Kenya Cumulative Assessment Report, September 2017.

      [22] John Morrell, Channeling the Tide: Protecting Democracies Amid a Flood of Corrosive Capital, CIPE, September 2018, https://www.cipe.org/resources/channeling-the-tide-protecting-democracies-amid-a-flood-of-corrosive-capital/

      [23] Eric Hontz, Building a Market for Everyone: How Emerging Markets Can Attract Constructive Capital and Foster Inclusive Growth, CIPE Insights, October 2019, https://www.cipe.org/newsroom/building-a-market-for-everyone-how-emerging-markets-can-attract-constructive-capital-and-foster-inclusive-growth/

      [24] OHCHR, Guiding Principles on Business and Human Rights, April 2011, https://www.ohchr.org/documents/publications/guidingprinciplesbusinesshr_en.pdf

      [25] United Nations Global Compact, Human Rights: The Foundation of Sustainable Business, 2018, https://www.unglobalcompact.org/library/5647

      [26] U.S. Chamber of Commerce Foundation, Civics Education, https://www.uschamberfoundation.org/civics-education

      [27] PNG WBRC, see website: https://www.pngwbrc.com/

      [28] Association of Nigerian Women Business Network, Women National Business Agenda, https://www.anwbn.org.ng/women-national-business-agenda-2/

      [29] Thomas Carothers and Diane de Gramont (2013). Development Aid Confronts Politics: The Almost Revolution. Washington, DC: Carnegie Endowment for International Peace.

      [30] Donor Committee for Enterprise Development, How Donors Can Make the Transition to Strategic Private Sector Engagement: Programming Innovations and Organisational Change, DCED Briefing Note, March 2017. https://www.enterprise-development.org/wp-content/uploads/DCED_Making_the_Transition_to_Strategic_Pivate_Sector_Engagement.pdf

      [31] Global Partnership for effective Development Co-operation, Private Sector Engagement, https://www.effectivecooperation.org/landing-page/action-area-21-private-sector-engagement-pse

      Footnotes
        Related Articles

        Learning from autocrats: The future centrality of media support

        Article by James Deane

        Learning from autocrats: The future centrality of media support

        The autocrats playbook

        “The playbook of “wannabe” dictators seems to have been shared widely among leaders in (former) democracies. First, seek to restrict and control the media while curbing academia and civil society. Then couple these with disrespect for political opponents to feed polarisation while using the machinery of the government to spread disinformation. Only when you have come far enough on these fronts is it time for an attack on democracy’s core: elections and other formal institutions.”[1]

         

        This is the analysis of the annual 2021 Democracy Report published by V-Dem, the respected Stockholm-based think tank. It is one shared by most analysts assessing the prospects for democracy in the twenty-first century. Those intent on unaccountable power are targeting first and foremost the institutions they perceive as most effective at checking that power. At the top of that list are independent media. Those efforts are proving highly effective in part because authoritarians are prepared to invest substantial resources and long term political focus and in part because their task is made ever easier by broader trends that greatly favour their success.

         

        A decade ago, there held a widespread assumption that a combination of technological and economic dynamics which dramatically decreased the cost of publishing and disseminating information would unleash fresh democratic energy and lend new wind to the democratic surge that had characterised much of the 1990s and 2000s. Despite the multiple and manifest benefits of increased access to the internet, in democratic terms the opposite has proved true.

         

        Misinformation and disinformation has increasingly characterised what are now the dominant means through which much of humanity communicates. The business models that once sustained independent media and the generation of trustworthy information have eroded as advertising revenue has migrated online. The pandemic has wreaked further devastating damage on media revenues and has been widely acknowledged, including by the UN Secretary General, as a potential “media extinction” event.[2] Estimates for global revenue loss of newspapers alone have been put at $30 billion.[3]

         

        Authoritarian and other non-democratic actors are using the emergency as just the latest opportunity to strengthen media that is favourable to them and destroy media that could hold them to account. Domestically, they are increasingly doing this by applying financial, as well as political measures by deploying government advertising in their interest, seizing or attacking the financial assets of independent media or making the cost of doing journalism ever more risky and expensive. Internationally they are financially investing in media favourable to their interests or taking other measures that weaken or delegitimise independent media.

         

        Efforts to defend independent media by contrast are poorly resourced, highly fragmented and insufficiently effective. The UK has played a leading role in working to defend independent journalists and journalism through its Defend Media Freedom campaign and the founding of an important new Media Freedom Coalition consisting now of 50 governments and strong civil society engagement.[4] This has leant much needed diplomatic muscle and created important mechanisms for coordination of media defence efforts across government and civil society.

         

        Despite this and other important efforts, such as from the UN and multiple NGOs (including my own), the steady march of political capture of media, the intensifying economic crisis confronting independent media, and the ever more organised and often fatal attacks on journalists and the media houses that employ them intensify every day.

         

        The consequences of this – for democracy, for human progress – become increasingly obvious. Democracy ceases to function if power cannot be held to account or if the concerns of people are not articulated and reflected in public and political debate. Societies cannot respond effectively to the dangers and challenges that confront them. The epidemic of misinformation and disinformation that has accompanied the COVID-19 pandemic (part of what the WHO calls an ‘infodemic’) is the most obvious recent example of this. Humanity is faced with intense, complex and interconnected challenges chief of which is climate change. Navigating those challenges democratically and peacefully will be extremely difficult – and impossible if societies do not have access to information they can trust in forms that are relevant to their lived reality.

         

        Autocrats have increasingly mastered this new information and communication environment. They have understood the sheer range of options they have available to them. They can control information their people have access to by co-opting and neutralising any media that is inconvenient to their interests. They can create so much confusion and distrust among people over what and what not to believe that any genuinely trustworthy source can no longer attract credibility amidst the polluted sea of misinformation and disinformation to which most people have access. They can use state power to intimidate, imprison or attack independent journalists or, increasingly to financially subsidise media that is favourable to their interests and financially punish those that are not. Appledaily in Hong Kong is just the latest example of how the financial seizure of assets is the increasingly popular tool in the playbook.

         

        And a chaotic digital infrastructure that can so easily amplify and encourage misinformation and disinformation, bury trustworthy information and amplify the most extreme views in society is providing immense tactical advantage to those who depend for their power on a citizenry that has no reliable access to information that is independent of that power.

         

        Those defending independent media are confronted with intensely hostile terrain, with much more limited tools and far more constrained financial and political firepower than those undermining it.  There are extraordinary, imaginative, courageous and determined efforts by independent media, as well as organisations that exist to support them, to confront these challenges but for some time now, independent media has been in decline around the world. No matter how smart, agile or determined media and media support organisations are, media keep weakening, information and communication spaces keep deteriorating, autocrats and others bent on co-opting power become stronger and richer. Independent media are increasingly forced to sustain themselves by disappearing behind paywalls or taking other measures that make them less and less accessible to the vast majority of people in society. As information inequality grows so too does the power of those in the best position to subsidise and finance media that is free to all – and that is increasingly state and political interests with power and money and the will to deploy both.

         

        International donor responses have been at odds with both the scale and character of the threat. According to OECD DAC figures, donor funding to independent media stands at around 0.3 per cent of total development assistance, a proportion that has barely increased over the last decade. Total development spending in autocracies, meanwhile, has increased substantially (increasing by more than 150 per cent over the last decade to closed autocracies). Support to ‘state building’ in closed autocracies has increased by almost 200 per cent over the same timeframe. Total development support to democracies, on the other hand, has decreased.

         

        There can be good reasons to spend development assistance in autocracies especially if that support makes them less autocratic and saves lives, but the results of that seem questionable. Given how effective independent media is at holding power to account, at least doubling or tripling the existing very small volumes of support to media assistance in this context seems more than justified.

         

        There are solutions if there is will to back them

        It is very possible to confront these threats.

         

        The first step is to acknowledge the severity – in democratic and human development as well as security terms – of the challenge and allocate resources accordingly. The kinds of resources, political and strategic attention and long term commitment required to confront the challenge will not emerge unless the scale of it is understood. If, as so much evidence suggests, there really is a media extinction taking place and if, as evidence also suggests, citizens the world over simply cannot engage effectively in democratic life because their information and communication environments have become so dysfunctional, it is impossible to conceive that democracies will flourish or societies will prosper. Those intent on power and influence who are focusing their efforts so effectively on either co-opting media or rendering information and communication spaces dysfunctional for democratic discourse, will win.

         

        Second, resource the response proportionately to the scale of the threat. This is not a marginal issue of domestic, foreign or development policy but it is treated like it. Some of the most severe effects are in low and middle income countries and yet, as highlighted above, media support constitutes an extremely small just 0.3 per cent of international development assistance is currently allocated to support to “media and the free flow of information”. While there is growing policy concern internationally focused on media sustainability funding sources more generally remain minimal. International funding support is poorly coordinated. The international community needs to make a clear, hard headed assessment of where it needs to put its resources if it is to resist autocracy and encourage successful democratic development. The autocrats have made their assessment and are succeeding. Democracy supporters need to make theirs. They have not yet done so.

         

        It is in this context that the International Fund for Public Interest Media has been conceived, with the backing of the UN Secretary General, IPFIM is designed to greatly increase the resources available to independent media by providing a clear, independent, legitimate and efficient mechanism through which bilateral development donors, technology companies and others can channel resources. The Fund has a ten year strategy both to resource independent media and to develop systemic solutions to the current market conditions that are making it impossible to sustain media especially in low and middle income countries. A minimum $100 million has been set as an initial annual target. A clear exit strategy means that the Fund is not designed to be open ended. The initiative is attracting strong interest from many donors and is likely to be launched in late 2021.

         

        Third, commit to the kind of long-term, coherent strategic intent that many authoritarians appear to have. Support to media is currently not only very limited in financial terms, it is also highly fragmented, projectised and short term. Very few independent media, especially with significant potential to reach large numbers and particularly in low and middle income countries, has a viable business model available to support it. Ensuring that independent and trustworthy media exist in the future will depend on a systemic approach capable of creating an enabling economic as well as political environment. Autocrats are playing a long game. Democrats, who find it inherently difficult to look beyond the electoral cycle, find long term approaches difficult. That needs to change if current losses are to be reversed. The International Fund – as a multilateral body with multiple sources of income and so more resilient against decisions taken by any one donor – provides one way of doing that. So too does more structured support to existing media support organisations and investment in better lesson learning and coordination. For example, BBC Media Action leads the UK Government supported Protecting Independent Media for Effective Development consortia, one of largest efforts to improve coordinated action and learning in media support).The resourcing of media and other forms of democratic support needs to be more sustained and strategic if it is to be effective in the face of authoritarian threats.

         

        Fourth, integrate media and communication considerations much more effectively across foreign, diplomatic and development policy. This applies to health, the WHO has made clear how concerned it is about the ‘infodemic’ that has accompanied the COVID-19 pandemic. It applies to climate change which has been, and will increasingly be, subject to intense misinformation and disinformation. The recently published report from the International Panel on Climate Change concluded that “because climate change affects so many aspects of people’s daily work and living, climate change information can help with decision-making, but only when the information is relevant for the people involved in making those decisions. Users of climate information may be highly diverse, ranging from professionals in areas such as human health, agriculture or water management to a broader community that experiences impacts of changing climate.”[5] And it applies across most of the international foreign, international development and security agenda. There are very few areas of human life or foreign and development policy which will not be shaped in the future by the character of information people have access to.

         

        Fifth, focus on the public interest but support approaches that can take risks and innovate. The future is being reinvented fast and no one is suggesting that the past should be its template. There are few answers so far to the current business model challenge in media especially in low and middle income countries (which is why a long term strategy to address the issue systemically over a ten year period is a necessary part of the solution). ‘Traditional’ media have often been unreliable, sensationalist and controlled by very few in society. New forms of financing and defending the media will almost certainly look very different from those that existed in the past. That future needs to be forged by an effective multidisciplinary and multi-stakeholder dialogue involving media, civil society, technology platforms, governments, international development banks, advertisers and the rest of the private sector.

         

        Sixth, create more effective learning systems which can enable media support strategies to adapt fast to a complex and dynamic set of trends and that can provide clear practical guidance on what works and does not. The UK has invested heavily in evaluation and research in its international development support but has not always prioritised this in the area of media support.

         

        This is a competition for the future – failure to act means losing that competition

        Democracies cannot and should not compete with autocrats on their terms. They should learn and understand how and why autocrats are investing attention and money in controlling the media and why they are so successful in doing so.

         

        The answer to autocratic co-option of independent media is not democratic co-option of independent media. The answer to the insistence by autocrats that media serves their interests is not to insist media serves democratic government interests.

         

        The answer – the solution – is far more powerful than that. It is to support independent media that serves the public interest and provides publics with news, information, storytelling, and platforms for public debate that publics can trust and that reflect their priorities. The current international effort and system for doing that is simply insufficient.

         

        The International Fund for Public Interest Media is just one solution to this crisis. There will need to be many others from effective regulation of technology companies to more effective reform of state media by countries committed to democracy to improving media literacy to tackling online harms and disinformation.

         

        The business model that has traditionally supported media’s public function in society for much of humanity is disappearing. There is no obvious replacement for that business model, which is why autocrats are finding their work so relatively simple. So far it is only the extraordinary courage, resilience and ingenuity of thousands of journalists and others worldwide which has formed the resistance to full scale authoritarian takeover. They now need far more and far better organised support. If countries committed to democracy are to start winning, they need to confront authoritarians in areas they least want to be confronted, while also ensuring healthy media environments at home. Independent media needs to be at the core of that effort.

         

        James Deane is Head of Policy at BBC Media Action and co-founder of the International Fund for Public Interest Media to which he is also a consultant. He has more than 35 years’ experience in supporting media around the world and in developing strategies to provide widespread access to trustworthy information and public debate. He was a founding member of the Panos Institute, another media support organisation, and has advised numerous governments and donors on media support issues. He is also chair of Global Voices, a citizen journalist network. 

         

        [1] V-Dem, Democracy Report 2021, Autocratization Turns Viral, March 2021, https://www.v-dem.net/en/publications/democracy-reports/

        [2] International Fund for Public Interest Media, see website: ifpim.org

        [3] Prof. Rasmus Kleis Nielsen, Federica Cherubini and Dr Simge Andı, Few winners, many losers: the COVID-19 pandemic’s dramatic and unequal impact on independent news media, Reuters Institute, November 2020, https://reutersinstitute.politics.ox.ac.uk/few-winners-many-losers-covid-19-pandemics-dramatic-and-unequal-impact-independent-news-media

        [4] FCDO, Media Freedom Coalition: an overview, Gov.uk, July 2021, https://www.gov.uk/government/publications/media-freedom-coalition-an-overview/media-freedom-coalition-an-overview

        [5] IPCC, Climate Change 2021: The Physical Science Basis, August 2021, https://www.ipcc.ch/report/ar6/wg1/downloads/report/IPCC_AR6_WGI_Full_Report.pdf

        Footnotes
          Related Articles

          Digital democracy

          Article by Catherine Stihler

          Digital democracy

          For digital democracy to succeed across the world, we need an open reformation in our democratic systems, practices and mindset. Far from radical, this is essential if we are to promote liberal democracy and open societies across the globe.

           

          If the pandemic has taught us anything, it is that new ways of doing things are possible – if not preferable – and open access, data and content have played a critical role from developing a vaccine in record speed to citizen science initiatives tackling the virus in local communities. At Creative Commons we are proud of the part we play in enabling sharing in the public interest through our open licenses, creating open access to knowledge, culture, research and data worldwide. The Open COVID Pledge, freeing thousands of patents to be used in the fight against the virus, is just one example of our leadership in opening up knowledge for public good.[1]

           

          Across the world, our digital lives have enabled us to continue working and living when our physical world has been closed or limited. And now as we slowly return to a new normal, what can we learn from what we have just experienced to promote the benefits of digital democracy in the support of open societies across our world?

           

          Digital democracy and human rights

          Contained in the G7 Open Societies statement from July is the commitment to “protect digital civic space” through “capacity building and ensur[ing] that the design and application of new technologies reflect our shared values, respect human rights and international law, promote diversity and embed principles of public safety”.[2] Taking human rights and international law, if digital democracy is to succeed human rights on-line and off-line must be protected and promoted. For what is legal off-line should be legal on-line and by default what is illegal off-line should be illegal on-line, where this supports democratic values. To protect individual human rights, digital democracy and an open society, we need to ensure that human rights today reflect our digital reality particularly as we seek to balance privacy with progress, our data rights with innovation.

           

          Article 27(1) of the Universal Declaration of Human Rights is clear – ‘everyone has the right to freely participate in the cultural life of the community, to enjoy the arts and share in scientific advancement and its benefits’. On culture, during lockdown only those with internet access could enjoy a cultural life and even then it was limited to what collections galleries and museums could legally take place on-line. With internet access no longer available in public libraries, the poorest and most vulnerable were left even more isolated than before. Only those that could afford to subscribe to certain content channels could view the latest films or consume up to date content – a life line when we were locked down. Yet the benefits of open scientific research could be clearly evidenced during the pandemic when sharing research and open data literally helped save countless lives. Not only did official scientific research, the majority of which was publicly funded with an open access requirement, illustrate the impact of open practices but citizen driven open initiatives to understand and tackle the virus contributed to local understanding and decision-making. It is a tragedy that open research sharing did not go further to open patent sharing and so once again the Global South suffers.

           

          Two thoughts stem from here – where institutions and individuals were familiar with open practices and principles on-line, where trained individuals could volunteer or public funding supported, their application evidenced impact and results with scientific breakthroughs such as vaccines in record time. Those organisations that did not have the skills, resources or where the practices were not part of the culture and mindset, clearly lost out. Museums who digitised stayed accessible, those who did not remained closed. If we can learn anything from the pandemic and apply it to digital democracy, it is that for digital democracy to succeed and for an open society to flourish, we need digital skills, data skills, an open culture, clear communication and most importantly resources to support these actions. In a data driven society, digital democracy for open societies will only succeed if there is trust in the technology and its benefits.

           

          China

          In China we see the opposite of digital democracy – digital autocracy. I remember visiting China in 2008 being made aware that we were clearly being observed as foreigners. Fast forward to 2021 and there is no need for humans to be involved in day-to-day surveillance when cameras and biometric facial recognition can observe both foreigners and the population as a whole. The Chinese state-run biometric facial recognition technology holds data that controls an entire population in real time. No other country has this level of surveillance conducted by the state. Jaywalk in the street and a camera can pick up your indiscretion and ping you on your phone as a warning. If a multiple offender, it could potentially lead to a low social scoring, affecting job opportunities, an entire family’s standing in the eyes of the state or worse still, arrest.

           

          For many Chinese, this is not a violation of human rights but about the state’s responsibility for their individual personal safety. For many the state’s intervention is welcomed by those where safety comes before freedom. For outsiders looking in this appears the epitome of Big Brother, the Orwellian control of a population with chilling effects. Yet as we condemn China, the UK and many G7 democracies use similar technology which has led to wrongful convictions and poor decision-making, affecting prisoners, asylum seekers and people of colour. If we are to succeed in creating technology, as the G7 has described, which respects human rights and the rule of law we will need to lead on creating trusted open and accountable systems, with a human hand of care looking after the public’s interest. Currently there is a rash of regulation hurtling towards policymakers – some in the name of on-line safety which could have the chilling effect of stifling free speech, banning on-line content which would otherwise be legal off-line and detrimentally affecting individual human rights and freedom of expression. Proposals in Australia, according to Digital Rights Watch, could see new laws which would allow for hacking into your computer, your online accounts and any networks you had been in contact with.[3] This would happen without you knowing or even without requiring a warrant. Clearly the on-line/offline human rights issue will become increasingly important as regulation is considered by Parliaments across the world.

           

          Open Reformation in practice

          To be a leader in digital democracy, we need to be aware of the complexity and trade-offs required both to defend and promote open societies. It is no coincidence that just as summer holidays ended and schools returned, there was an announcement by the Chinese Government that they would be restricting the amount of time minors played video games to an hour a day on Fridays, weekends and holidays.[4] Many parents with teenage kids, me included, on the surface could not agree more about limiting screen time. But surely that is a parent’s job, not the state’s? Gaming today, what you eat tomorrow? Digital democracy could help society collectively find an alternative inclusive approach to this issue opposite to autocracy, using open, inclusive methods to reach consensus and make decisions. During the pandemic Taiwan has stood out on using digital democracy to empower citizens and promote an open society.

           

          If ever there was an open reformation approach, Taiwan is its embodiment. Yet, their success is hugely down to leadership and that of one inspiring, wise and radical individual, Audrey Tang, Taiwan’s first ever digital minister. Tang understands technology. She is a free software programmer and in line with her open values makes herself available for interviews, conferences, summits and podcasts. She took the time recently to talk to Creative Commons in our Open Minds podcast where her passion and enthusiasm for open content licensing shines through.[5] Her approach is often described as ‘radical transparency’ but her direct openness has benefited the world, helping to understand what open can empower and change.

           

          Taiwan is both walking the walk and talking the talk driven both by geopolitical necessity but also reckoning that society has changed and democracy needs to reflect a new reality. In a recent interview for Noema, Tang quotes the Taiwanese President, Tsai Ing-wen who said “Before, democracy was a showdown between two opposing values. Now, democracy is a conversation among many diverse values.” This is why vTaiwan (virtual Taiwan) has at its core the belief that “the government and the citizens must have the same information so that there is a trustworthy basis for public conversation”.[6] Open information helped Taiwan during the pandemic whilst the UK Government struggled with the very concept of open sharing information and data. If the UK is to promote open methods, information available to the government must be available to citizens, warts and all. What Taiwan teaches us is that to be effective in digital democracy technical understanding is critical. Taiwan’s success is down to their leadership and what open software enables. There are very few governments across the globe with a free software developer at the helm of digital policy-making and yet with Web 2.0 (mobile, social and the cloud) moving to Web 3.0 (Sir Tim Berners Lee coined the Semantic Web) (edge computing, AI and decentralised networks) we need to bridge the knowledge and culture gap before it becomes a chasm.[7]

           

          Open digital tools

          Interoperability

          To be a leader in digital democracy we need to place open digital tools at the heart of government decision-making. These tools, freely accessible to use, are also more cost effective compared to their proprietary alternatives. Huge amounts of data and knowledge remain locked away even after a decade of open government initiatives.[8] Often this is not by design; data does not talk to data, lack of interoperability between systems creates barriers and for the vast majority of civil servants and government ministers who are not data specialists this world is alien, complex and ironically feels so far from open that for the majority it feels in accessible, closed and elitist. This leads to those who understand this world to be evangelical concerning its benefits and whilst those who do not are at best ambivalent at worst hostile. For digital democracy to succeed and open societies to flourish we need a ladder of engagement making the world of Web 3 mainstream and accessible. This will help dispel myths, create understanding and foster trust.

           

          Digital Open Champions (DoCs)

          What if, barring reasons of national security, that all UK Government data were openly licensed in the same format and then promoted by those departments for citizen use or even cross departmental collaboration and experimentation? What if there’s a new leadership/coordination of data scientist/ethics driven civil servants, (the US announced a similar idea), who can communicate with a lay audience – let’s call them Digital Open Champions (DoCs)?[9] A fast track of young, student recruits who can navigate this virtual world supported by their political masters. This could be painted as a recruitment exercise to attract a new, enthusiastic and change-driven cohort who want government to be run for the people by the people, with data at its centre. Mirroring Code for America’s volunteering leadership work, DoCs would not just be recruited in central government but in local government helping communities and volunteers create solutions to local problems.[10] DoCs would form the first remote and distributed cross departmental team breaking silos in central, local and devolved governments. However, part of their role, similar to the not for profit world, would be not just technical proficiency but also communication for impact and change.

           

          Storytelling and Ethics

          Freeing the data is one step, communicating clearly and effectively the potential usage is another. Just like in the not for profit world, impact stories would determine success and create more budget relieving resources for even greater open reformation. This open reformation would also consider aspects of content, data and knowledge from an equity and ethical lens – creating the first ethical data collective separate from government, but which individuals could opt into if they desired as a trusted source of learning and inspiration. As social media platforms are forced to become interoperable – whether that is due to anti-trust or through platform regulation – users potentially could take their data and apply it where they want for the causes they care about and Web 3 will allow this to happen whilst preserving privacy. Could Web 3 be the key to unlock digital democracy benefiting citizens, parliaments and governments and by default promote open societies?

           

          Conclusion

          We are only at the beginning of this journey, but by considering the power of open data, content and sharing as it empowers digital democracy in support of open society principles, we are at a moment where open tools stand in defence of our central belief in democracy where:

          • Global Britain has the potential to showcase the use of open software, openly licensed content, research and data, as a leading player in the open reformation by both leading at home through Digital Open Champions but promoting abroad through FCDO support.
          • Open tools championed by the FCDO can promote an open global research space for the global public good.
          • Design and application of new technologies can reflect our shared democratic and ethical values.
          • Open technologies can help deliver a shared future, supporting healthy democracies and open societies across our world.

           

          Catherine Stihler is CEO of Creative Commons (CC), the global organisation behind the legal tools which powers the open web. As an international leader in the open movement, Catherine has served as CEO of the Open Knowledge Foundation and spent two decades as a Member of the European Parliament (MEP) for Scotland leading on copyright reform and tech. She is currently the elected Chair of the governing body of the University of St Andrews, having been the 52nd Rector and in 2018 she received an honorary doctorate for her contribution to the university. In 2019 she received an OBE in the Queen’s Birthday honors list for political service.

           

          [1] For more information see: https://opencovidpledge.org/

          [2] Cabinet Office, G7 2021 Open Societies Statement, July 2021, https://www.gov.uk/government/publications/2021-open-societies-statement

          [3] Digital Rights Watch, Australia’s New Mass Surveillance Mandate, September 2021, https://digitalrightswatch.org.au/2021/09/02/australias-new-mass-surveillance-mandate/

          [4] Vincent Ni, China cuts amount of time minors can spend playing online video games, The Guardian, August 2021 https://www.theguardian.com/world/2021/aug/30/china-cuts-amount-of-time-minors-can-spend-playing-video-games

          [5] Creative Commons, Open Minds Podcast: Audrey Tang, Digital Minister of Taiwan, July 2021 , https://creativecommons.org/2021/07/13/open-minds-podcast-audrey-tang-digital-minister-of-taiwan/

          [6] vTaiwan, see website: https://info.vtaiwan.tw/

          [7] Fabric Ventures, What Is Web 3.0 & Why It Matters, December 2019, https://medium.com/fabric-ventures/what-is-web-3-0-why-it-matters-934eb07f3d2b

          [8] Open Government Partnership (OGP), see website: https://www.opengovpartnership.org/; Open Data Charter, see website: https://opendatacharter.net/; and Open Data Barometer, Global Report, Fourth Edition, May 2017, https://opendatabarometer.org/4thedition/report/

          [9] U.S. General Services Administration, Biden Administration Launches U.S. Digital Corps to Recruit the Next Generation of Technology Talent to Federal Service, August 2021, https://www.gsa.gov/about-us/newsroom/news-releases/biden-administration-launches-us-digital-corps-to-recruit-the-next-generation-of-technology-talent-to-federal-service-08302021

          [10] For more information see: https://www.codeforamerica.org/

          Footnotes
            Related Articles

            Enhancing electoral integrity in modern day society: A role for the UK?

            Article by Dame Audrey Glover

            Enhancing electoral integrity in modern day society: A role for the UK?

            Promoting and upholding electoral integrity around the world is an important way to support open societies internationally. It is an area where the UK can play a significant role in assisting to build international election observation capacity. However, before looking at what can be done in detail, it would be useful to assess where election observation stands today.

             

            Election observation post-1990

            Initially, there was great enthusiasm shown for democracy and elections in the early 1990s at the end of the cold war. To be able to vote for whom one wanted was a new reality for many people. Elections were acknowledged as being the cornerstone of democracy and the ultimate display of human rights because they involved the rights of assembly and association, freedom of the media and the right to vote. Elections were recognised as being a crucial step in a country’s development, with the potential benefits of election observation being well understood. The process could play an important role in promoting transparency and accountability as well as enhancing public confidence in the electoral process. To achieve this end, elections needed to be observed and reported on in order to assist and guide countries with their electoral development. International observation by the UN and the Organisation of American States goes back nearly 40 years. Against this background, election observation quickly developed from a ‘one day’ event, to a more thorough scrutiny of the whole electoral process from start to finish.

             

            The rights associated with elections are intended to enable a voter to vote freely without any pressure and to make a real and informed choice of a candidate thanks to an independent media.

            • All candidates are expected to be able to campaign on the same footing against a backdrop of equal and universal suffrage;
            • Voters must be confident that their vote can be cast freely in secret, kept secure and counted correctly; and
            • Above all a voter must have confidence in the system as a whole and of course women, minorities and the disabled must all be allowed to participate.

             

            Election observation organisations

            An increasing number of different bodies now observe elections: international organisations, international parliaments, international NGOs, Civil Society organisations and domestic NGOs. The ODIHR/OSCE was one of the first international organisations to undertake comprehensive election observation. OSCE missions are either ‘Full’ with a Core Team, Long Term Observers (LTOs) and Short Term Observers (STOs) or ‘Limited’ without STOs. Over the years the ODIHR has developed an excellent methodology for observing elections and frequently forms a common endeavour with the Parliamentary Assembly of the OSCE. Most Election Observation Missions (EOMs) around the world operate according to principles which are basically similar, but there is no universally agreed document containing election principles or how to observe them.[1]

             

            Comprehensive observation enables missions to look at issues which can have a profound effect on the conduct of an election such as voter and candidate registration, training of local election commissions, the campaigns of candidates, the operation of the media and access to it for all candidates, financing of the media and TV and the candidates’ campaigns and moreover whether there is an effective complaints and appeal system.

             

            Election observation today

            More recently, election observation has become more complex and the popularity of and enthusiasm for EOMs around the world has distinctly waned. Why is this?

             

            First, over the last 18 months COVID has put a damper on observation. It is no longer easy for observers to go to other countries to observe elections. The result: they are usually ‘Limited’ elections which means that there are no STOs. As a result there is no systematic observation of voting, counting and tabulation on Election Day. Consequentially there can be no in-depth report on the whole of the election process.

             

            Second, due to current circumstances states often have financial overspend problems and therefore, there is less money to spend on financing Long Term and Short-Term Observers. Consequently, they have often been obliged to limit the number of elections to those in which they will send observers and have to decide on which elections they will send them to. In some instances ‘Full’ or ‘Limited’ Missions have been replaced by smaller Expert Missions which cannot report on the whole election. Even before COVID-19 donor countries were proving to be less willing to support international observation and have sent less observers to OSCE Missions. They have also not been sending observers to conflict affected countries where security costs are very high.

             

            Even more importantly, governments who are in power wish to stay there and manipulate elections in order to be able to do so and they have become smarter in achieving this. Instead of stuffing ballot boxes and winning with 95 per cent of the vote they have started, for example, to make it difficult for voters entitled to vote to register; redrawn electoral boundaries to their advantage; made some polling stations inaccessible; and disenfranchised voters by making it obligatory to produce certain documents, like a driving license (which not everyone has). In addition, the intimidation of civil servants and the buying of votes is taking place. In some instances the playing field is tilted before Election Day, making it hard to prove fraud and consequently ensuring victory. These practices are of course totally unacceptable because elections are for voters to choose those whom they wish to govern them not for the government of the day to choose. Everyone who is entitled by law to vote should not be prevented in any way from being able to do so. Inclusivity is paramount, particularly in relation to minority groups. COVID has provided a successful smoke screen for many countries to introduce legislation curtailing a voter’s rights without being detected until it is too late. Countries are also limiting the number of observers they will allow into their country to observe an election, although this is the prerogative of the election observation body to decide how many observers they need. This means that observation will not take place in that country. This happened recently when the ODIHR pulled out of observing the Russian election because the authorities wanted to reduce the number of observers. Corruption is rife and truth in short supply.

             

            Another problem of today, which creates challenges in relation to election observation, is observing the media.

             

            A short time ago the purpose of media observation was to see whether coverage of elections was fair, honest and representational in relation to newspapers (local and national), TV and the radio. That is often not the case today. In addition to the traditional coverage, media observation now includes social media, ‘bots’, fake news, hate speech, foreign interference, and cyber-attacks. Missions are finding it difficult to devise a methodology to report upon all forms of social media because of cost and access to social media companies’ data. Online violence especially against women in politics drives many potential candidates out of the process because action being taken against the perpetrators is unlikely.

             

            An alarming development is the bleak picture that exists in relation to the treatment of female and male journalists who are being physically attacked, intimidated, threatened, and murdered. Female journalists are particularly vulnerable. The various tactics which are used against them are calculated to reduce the ability of an opposition to campaign and negates the concept of informed choice.

             

            It is a feature of the times that verbal, written interference and physical attacks on the press is not solely done by governments but by businesses as well. Journalists are subject to vexatious legal threats to keep them quiet. These are referred to as Strategic Litigation against Public Participation (SLAPPS).

             

            These practises have made it even more difficult for voters to decide where the truth may be, and it is beginning to result in a reduced turn out by voters and spoilt ballot papers. It is also having the effect of creating an even greater divide between those who are in power and younger members of society and minorities who increasingly feel that they are being ignored. However, there is some evidence that voters are beginning to give voice to their concerns and show their dissatisfaction for their leaders by peaceful and persistent demonstrations.

             

            Furthermore to the above concerns key recommendations – that always appear in the Final Report of an election Observation Mission, such as those of the ODIHR – intended to improve the electoral process in a country are being consistently ignored. They repeatedly appear in Final Reports of an election in the same country without being acted upon thus demonstrating a weakness in effective election observation.

             

            This trend is being exacerbated by COVID-19. The effects of climate change are becoming ever more apparent and are involving enormous amounts of expenditure by governments, and the rise in the cost of living is having a negative effect too. Other serious challenges will doubtless be posed by new technology and the rise of populism and nationalism. What is to be done to reverse this trend when the gulf between the ‘haves’ and the ‘have nots’ is widening around the world?

             

            Possible solutions

            It is encouraging to see that the UK is interested in increasing its support for electoral integrity. In the recent Integrated Review reference is made to establishing a new UK capability “to support election observation and activity to strengthen existing multilateral efforts.”[2] Much needs to be worked out what this capacity will be and how it can provide value given the wide range of bodies already well involved in this work.

             

            My conclusions are as follows:

            • I would suggest that the launch of this ‘UK capability’ needs to be accompanied by a significant amount of publicity alongside as much support from different observation bodies involved in this field as possible.
            • Given that it would take time to set up a unit in the FCDO – if it proves feasible to do so – to observe elections and given that the WFD already has significant election observation experience and is the FCDO’s ‘arm’s length body’ for international democracy assistance, a capacity could be developed there. For example, the WFD could be a resource, supplying election experts to FCDO posts, other countries and organisations who request them rather than trying to organise full EOMs around the world at this stage. That would require considerable financial resources and could come later and play a similar role to that of the Carter Centre, the National Democratic Institute and the International Republican Institute in the US.
            • Three main models, possible modus operandi, should be considered: establishing long-term partnerships; ‘ad hoc’ partnerships for specific elections; and maintaining flexibility to move around different options in order to manage ‘ad hoc’ needs as they arise. These would make excellent guiding principles for their operation. Flexibility and adaptability could assist in making election observation more effective.
            • Working with local NGOs who obviously know about elections and with international election organisations, pooling resources is a practical way to ensure that all aspects of an election are covered. This is particularly important now, since there is currently a general lack of financing and personnel. It would be a good way to concentrate expertise and maximise resources. Those who are observing together should of course all assess the elections against the same principles as much as possible.
            • It would be most helpful to election observation in general if the UK and other international actors could strongly advocate that the Recommendations in a Final Report are implemented within a limited time period after the publication of a Final Election report and not in the year before the next election. The utility of election observation can only be maximised if Recommendations are effectively addressed. At present they are not implemented, despite offers of assistance from the observing bodies and in the absence of enforcement machinery to make states comply. The OSCE, for example, has long tried to encourage states to implement its recommendations but with limited success. The position should be changed if election observation is to be more effective.
            • Media freedom, inclusivity and social media, on which it is suggested that observation missions should concentrate, are all very important aspects of an election but when observing, however, it is important that all facets of it are observed. Election financing of the media and of the candidates needs to be observed by financial experts as well.
            • The implementation of legal provisions in relation to an election overall is also important. The law, for example, must allow anyone who wishes to take legal proceedings in relation to the election to be able to have their case dealt with prior to Election Day. It is also important to ensure that where electronic devices are used for voting that appropriate legal safeguards are in place. The issues at the core of new technologies are accountability, transparency and confidence. The system must be secure, have the capacity for an independent audit and there should always be a paper trail.
            • Trying to observe ‘social media’ and other interferences with an election is difficult, labour intensive and requires specialists. Some organisations such as the EU, ODIHR and the OAS are already developing a methodology to deal with these new intrusions, to which WFD has contributed a valuable input. However, more needs to be done and election observation organisations should work together to come up with a comprehensive set of guidelines to be applied when observing media by all observer organisations. WFD can help to do this on behalf of the UK Government given its ongoing participation in these efforts.
            • Although slightly outside the remit of the Initiative, it is also essential to ensure that the youth of today are not excluded from the political process. The UK Government might like to consider what it can do to encourage establishing and developing Youth Parliaments through working with organisations that have parliaments as for example the OSCE and the Council of Europe. The young have voices and views and many of them will be the Members of Parliaments of tomorrow. Now might be a good time to energise young minds and empower the next generation. Consideration should also be given as to how to engage citizens more in politics and hear their views before an election takes place.

             

            The Initiative is a most helpful and timely suggestion to revive and support the valiant efforts that some organisations are making to continue with election observation and to make it even more effective than it is now. It deserves the active support of the world of election observation in order to obtain its goals and I am sure that the WFD will be successful in reviving the value and importance of election observation and electoral integrity.

             

            Dame Audrey Glover has been involved at a senior level with the OSCE for many years. She has been head of OSCE/ODIHR Election Assessment Missions (with rank of Ambassador) on many occasions including: Turkey (May-July 2018), Italy (February-March 2018), FYROM (September-October 2017), USA (Oct-Nov 2016), Mongolia (May-July 2016), Azerbaijan (Sept-Nov 2010) and Georgia (Apr-Jun 2010). She had previously served as Director of the Office of Democratic Institutions and Human Rights (ODIHR) at the OSCE from 1994 to 1997. She has also served as Senior Adviser to the Ministry of Human Rights in Iraq (2004 – 2006), Head of the UK Delegation to the UN Human Rights Commission (1998-2003), Convener of International Law Course at Lauterpacht Centre Cambridge (1998 – 2011) and Legal Counsellor at the Foreign & Commonwealth Office (1989-1994). She is a board member of the Prison Reform Trust, the Graham Turnbull Trust and is an adviser to the board at the British Institute of Human Rights.

             

            [1] The 2005 UN Declaration of Principles for International Election Observation and Code of Conduct for International election observers has been signed up to by a number of the more respected international observer bodies but this far from universally used as a current reference point, particularly by groups such as the CIS which have not signed the declaration. For more see: ACE Project, Declaration of Principles for International Election Observation, https://aceproject.org/electoral-advice/dop/the-declaration-of-principles/

            [2] HM Government, Global Britain in a competitive age: The Integrated Review of Security, Defence, Development and Foreign Policy, March 2021, https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/975077/Global_Britain_in_a_Competitive_Age-_the_Integrated_Review_of_Security__Defence__Development_and_Foreign_Policy.pdf

            Footnotes
              Related Articles

              How open societies can save the planet: The environmental democracy approach

              Article by Rafael Jiménez Aybar

              How open societies can save the planet: The environmental democracy approach

              London, United Kingdom, late 2020: six select committees of the House of Commons call a citizens’ assembly to understand public preferences on how the UK should reduce greenhouse gas emissions to net zero by 2050 because of the impact these decisions will have on people’s lives.[1] The assembly brings together people from all walks of life, shades of opinion, and from throughout the UK to form a representative sample of the UK’s population.[2] Its members have access to a range of sectoral experts providing accessible, actionable information on policy options. The outcomes of their discussions are presented to the six select committees. The committees will use them as a basis for further work on implementing the assembly’s recommendations.

               

              Islamabad, Pakistan, early 2021: for the first time in the history of the Parliament of Pakistan, a Committee of the National Assembly – the one on climate change – adopts an annual work plan drafted in consultation with, and voted upon by, a broad platform of policy experts, academics, and civil society organisations. The Committee Chairwoman Hon. Munaza Hassan is praised by the Speaker for this democratic innovation as an example for the whole House.

               

              Kampala, Uganda, mid-2021: a high-level roundtable on the Nationally Determined Contributions (NDCs) under the Paris Agreement in the run-up to COP26 is convened by Climate Change Committee Chairman Honourable Lawrence Biyika Songa. With the main public policy climate actors in one room, alongside civil society organisations, Hon. Songa can solicit support and build consensus among the committee Members around the national climate bill. The bill had been introduced in 2018, but it stalled since, as the key climate change stakeholders had been engaging in silos. A week later the bill is tabled for a second and third reading and is passed without opposition.

               

              What do these developments have in common? They are examples of environmental democracy principles in action that resulted in tangible progress: people being given an opportunity to access actionable environmental and climate information and participate in decision-making – and, in doing so, creating the political space for ambitious climate policies, as well as providing vital momentum for implementation.

               

              The latter two examples are also results of some of recent WFD’s efforts embedding an environmental democracy approach across its wide portfolio of democracy support programmes.[3] It has been encouraging to see that, far from questioning this innovation, parliamentary champions have welcomed it with open arms. As Hon. Songa closed the high-level roundtable, he thanked WFD ‘(…) for this engagement, because it has always been a challenge to mobilise all these stakeholders to discuss the bill (…)’. Indeed, environmental democracy practices do not undermine representative democracy – rather, they provide a solution-oriented toolbox strengthen it.

               

              The environmental democracy lens: Bridging political, governance and scientific imperatives

              WFD’s move to embed the environmental democracy approach in democracy support programming was inspired by a holistic understanding of the hybrid nature of global environmental challenges, and mindful of the constraints for solutions to be found.

               

              Many of today’s environmental concerns are, at their core, political issues, and failures of governance. Environmental science is not disputed, but so far political systems worldwide have failed to produce the decisive action required to address adequately climate change and environmental degradation. Despite the ever-growing number of international environmental agreements and treaties, the Environmental Rule of Law report of UN Environment revealed that implementation at the national level is poor, and that many countries have neither the required capacity nor the political will to deliver on their commitments.[4]

               

              Yet a failure to avoid dangerous warming and further degradation of earth’s life-support systems will destabilise societies and hit the most vulnerable peoples and countries first. A feedback loop between unbridled environmental degradation and the degradation of human rights and, ultimately, of the rule of law, seems inevitable. On September 13th, the UN High Commissioner for Human Rights Michelle Bachelet warned that environmental threats are worsening conflicts worldwide: “The interlinked crises of pollution, climate change and biodiversity act as threat multipliers, amplifying conflicts, tensions and structural inequalities, and forcing people into increasingly vulnerable situations,” Bachelet said.[5]As these environmental threats intensify, they will constitute the single greatest challenge to human rights of our era.

               

              The constraints for solutions are physical in the first place: the carbon budget available for humankind to keep global warming below the safer threshold of 1.5C recommended by science is small, so time is short. The shift to more sustainable production and consumption patterns and ecosystems management is just as urgent, having regard to planetary boundaries.

               

              However, the constraints are political and financial as much as they are time-related and physical. The policies required to deliver the objectives of the Rio Conventions, from the post-2020 global biodiversity framework under the Convention on Biological Diversity (CBD) to the Paris Agreement require not just rapid but profound changes in our lifestyles, from the way that we eat, heat and cool our homes, and travel, to the way we invest our savings. Some of these changes will be unpopular.

               

              In addition, some of the changes, as well as the unavoidable impacts of the climate change already locked in, will also be complex and costly in the short term, and decisions will need to be made on how bills and efforts are shared. Different climate policy options will place the financial burden and the effort on different social groups, and people will expect the sharing to be fair, or else they will object to the measures, even if they agree with the need for action on climate and sustainability. Compensations for losses and damages, even at local level, will ultimately need to be tackled. Unfair or ill-communicated policies will leave room for populists to question the need for action and undermine precious public support for the climate policy objectives.

               

              In democratic countries, these changes will not occur without sustained and massive societal buy-in, or else democratic institutions will not be able to deliver them. No mainstream political party will campaign on an ambitious Paris-compatible platform unless it believes that will earn it enough votes, nor advance it inadvertently once in office. In addition, in most countries democratic institutions are being made fragile under the wave of populist authoritarianism that is sweeping the world. Younger democracies remain more vulnerable still to these threats.

               

              In the meantime, the COVID-19 pandemic has put additional stress on the purse of donor countries, which were expected to live up to their commitments on multilateral climate finance, and to invest in accelerating the shift to a green economy at home.

               

              Environmental democracy: Past and present

              The foundations of environmental democracy were established in Principle 10 of the Rio Declaration on Environment and Development, which emerged from the 1992 UN Earth Summit:[6]

               

              Environmental issues are best handled with the participation of all concerned citizens, at the relevant level. At the national level, each individual shall have appropriate access to information concerning the environment that is held by public authorities, including information on hazardous materials and activities in their communities, and the opportunity to participate in decision-making processes. States shall facilitate and encourage public awareness and participation by making information widely available. Effective access to judicial and administrative proceedings, including redress and remedy, shall be provided.”

               

              The Declaration defines the three critical rights that form the pillars of environmental democracy: transparency and openness, participation, and accountability and access to justice. They are mutually reinforcing.

               

              Since 1992 the principles of environmental democracy have been embedded more comprehensively in other international and regional instruments. These include the 1998 Aarhus Convention, with 47 parties across Europe and Central Asia, and the 2018 Escazu Agreement with 22 signatories across Latin America and the Caribbean, and new provisions focused on protecting environmental human rights defenders. It appears that the flame of environmental democracy is slowly catching.

               

              Unfortunately, the flame is not catching fast enough: environmental defenders were killed in record numbers in 2020, according to Global Witness’ report of September 13th.[7] The number of such deaths last year was more than double the figure in 2013, but Global Witness believes its data represents an undercount because it depends on the level of transparency, press freedom and civil rights in the countries surveyed. Since 2012, when Global Witness started gathering data on killings of environmental defenders, the evidence suggests that as the climate crisis intensifies, violence against those protecting their land and our planet also increases.

               

              In order to catalyse and accelerate action implementing Principle 10, the 11th Special Session of the UN Environment Programme (UNEP) Governing Council/ Global Ministerial Environmental Forum adopted a set of guidelines ‘for the development of national legislation on access to information, public participation and access to justice in environmental matters’ in Bali, Indonesia, in 2010.[8]

               

              However, in relative terms, over the last decades bilateral and multilateral donors have not prioritised investing in enhancing the environmental rule of law in recipient countries, even as an insurance policy for the durability of their investment on flagship pilot projects. Accordingly, national and multilateral agencies targeting environmental problems often had neither the mandate, the budget lines nor the in-house expertise to ‘do politics’, which is how the policy and governance agendas are often perceived. Similarly, international democracy support actors lacked the mandate, expertise, and resources to address environmental governance matters in their programming. This has impaired the effectiveness of both sets of actors to tackle issues that straddle the traditional environmental protection and governance spheres, such as corruption and policy capture, which in most resource-rich younger democracies are inextricable from environmental decision-making.

               

              Open data on the environment, open societies – or the reverse

              Environmental openness, the right to freely access information on the environment, is required to help citizens, civil society, media, businesses, the courts, and the international community understand what is happening in relation to the environment and how their governments are responding. Environmental openness is a precondition for effective environmental rule of law.

               

              Open data has a transformative potential because it allows the release of data into the public domain that can be freely used, reused, and redistributed by anyone. If this information is in open data formats, then it enables a raft of digital tools to be built by civil society watchdogs using the information.

               

              Environmental openness, so that environmental information is available proactively or upon request, has been legislated upon all around the world, beyond the countries which are Parties to the Aarhus Convention and the Escazu Agreement. Most countries have regulated access to information in a legal act. However, some countries, which have regulations and laws to access information even if not designed exclusively for environmental issues, encounter enormous socio-cultural, institutional, and political barriers for their adequate and timely application.

               

              Despite the importance of this principle and regardless of provisions in force, many countries are still reluctant to opening up critical climate- and environment-related data. Moreover, many countries are hesitant to invest in the necessary infrastructure that would allow for information to be published in open data standards, which means that governments’ data remains locked away or in unusable formats.

               

              A lack of environmental openness entails significant risk for sound environmental governance, and for the rule of law more broadly. The most significant of these risks is the fostering of an enabling environment for corruption and policy capture, which will lead to unfettered environmental degradation and related impacts on the lives of people, often the most vulnerable in society.

               

              At the same time, corruption and policy capture undermine access to information on the state of the environment and access to participation. Research shows that gaps between the legal provisions and the implementation of these provisions are frequent and affect major activity areas (e.g. fisheries management, land use and deforestation) in resource-rich countries. Despite the growing number of initiatives that seek to improve access to information and transparency of data around natural resources and environmental projects, opacity around environmental issues and natural resource-based economic development is still the rule in many resource-rich countries, including most of those in Global Britain’s foreign policy priority countries in Africa and the Indo-Pacific region.

               

              This makes it much harder to ensure appropriate policies on the environment. Critically, it also needs to be viewed in light of recent trends towards de-democratisation and rising authoritarianism, and of the impact of corruption on economic development of countries.[9]

               

              Democracy that delivers: New synergies for invigorating open societies

              There is a clear link between a well-functioning democracy and addressing environmental crises. The foreign policy goals of Global Britain of open societies and strong democracies on one hand, and of protecting our planet on the other, are mutually dependent. As such, actions to strengthen environmental governance also strengthen democracy and open societies. Therefore, working on the nexus of sustainable environmental governance and the democratic process is bound to deliver benefits on both fronts, and to maximise the effectiveness of investment on multilateral climate technology cooperation as well as on open governance.

               

              However, scaling up this approach will require unprecedented synergies between environmental civil society organisations and policy experts and governance practitioners, as well as across government departments.

               

              Global Britain post-COP26: Environmental democracy, climate openness

              Some of the fundamental concepts related to environmental democracy outlined in the Rio Declaration were codified in Article 6 on Action for Climate Empowerment (ACE) of the United Nations Framework Convention on Climate Change (UNFCCC) in 1992, and subsequently incorporated into the Paris Agreement. ACE encompasses actions to promote climate awareness, education and training, access to information, public participation, and international cooperation.

               

              Although pledges concerning ACE are non-binding, they are in fact the political lifeblood of the Paris Agreement and the 1.5°C to 2°C target, particularly for democratic countries.

               

              This is so because a failure by these Parties to promote climate awareness, education and training, access to information, and public participation will surely result in said democratic governments running out of steam, political space, and democratic legitimacy to ratchet up climate action at an accelerated pace every five years, as they have committed to do under the Paris Agreement. The lack of global ambition evidenced in the updated NDCs submitted in the run-up to COP26 suggests that, at present, some Parties already seem to lack the requisite short-term political space to take the concrete, immediate measures that will make the difference for the 1.5°C target and find it more feasible to send high climate ambition into the long grass for now, with net zero commitments by 2050, that is, safely beyond the next electoral cycle. On the other hand, not even the most climate-active totalitarian regimes, such as China, have a better record than most democracies, and otherwise most of them have a far worse score than democracies, which suggests that scarcity of political space for sufficient climate action is not a constraint exclusive to democracy.[10]

               

              In July Members of Parliament from five countries – Canada, Georgia, Indonesia, Kenya, and Pakistan – added their names to a statement titled ‘Why the empowerment agenda at COP26 matters for the success of the Paris Agreement’ that calls for public empowerment to be a top priority at the conference.[11] The publication of the statement follows the announcement on July 7th that the COP26 presidency programme will include a focus on public empowerment. The statement suggests UNFCCC Parties ought to adopt a more ambitious work programme for climate empowerment at Glasgow next November, place it at the heart of their national climate planning, and count on parliaments – the institutions representing people and making decisions on climate change – as delivery partners. This will make life easier for the parties going forward, and ‘(…) In doing so, the Parties will also be providing a much-needed shot in the arm to democracy’.

               

              In conclusion, Global Britain, with its democratic tradition, its experience testing climate democracy innovation, and the name of one of its main and best-known cities, Glasgow, as the COP26 host, embedded in the name of the next multi-annual agreement on ACE, has a unique opportunity to mainstream the environmental democracy approach in foreign and development policy to enhance effectiveness and maximise the impact of available resources. This will provide it with tools to turbo-charge climate action with democratic innovation, empower civil society champions and their elected representatives, and help Global Britain attain its global climate and open societies objectives.

               

              Global Britain’s embrace of this environmental democracy approach would require the Foreign, Commonwealth & Development & Office to:[12]

              • Adopt a set of principles and multi-annual frameworks for action aligned to the principles of climate and environmental democracy, informed by its strong skills in political analysis, with the aim of bringing environmental actors together in a coherent long-term effort to influence decision-making on climate and environmental governance.
              • This includes supporting institutions that hold governments accountable, strengthening civil society and climate and environmental coalitions, increasing awareness of climate risks and opportunities, environmental rights and environmental justice, and encouraging the free flow of accurate and up-to-date climate and environmental information.
              • In the aftermath of COP26, priority should be given to supporting actions at country level in key nations focused on the democratic scrutiny of government action to deliver on the commitments under the updated NDCs, including parliaments’ progress in adopting the required legislation and reviewing its enforcement, and the implementation of ACE programmes.
              • Put in place grant and contracting arrangements allowing medium-sized grants to be awarded to the specialist not-for-profit sector for climate and environmental democracy support activities.

               

              Rafael is WFD’s Environmental Democracy Adviser. He has over 15 years of experience strengthening national parliamentary capacity on climate and environmental governance worldwide from the Secretariat of GLOBE International, the world’s oldest independent parliamentary network on the environment.

               

              [1] Climate Assembly UK, see website: https://www.climateassembly.uk/

              [2] Climate Assembly UK, Who took part?, https://www.climateassembly.uk/detail/recruitment/index.html

              [3] WFD, Global environmental crises – a democratic response, https://www.wfd.org/approach/environmental-democracy/; WFD, Our approach, https://www.wfd.org/approach/

              [4] UNEP, Environmental Rule of Law: First Global Report, January 2019, https://www.unep.org/resources/assessment/environmental-rule-law-first-global-report

              [5] UNHR Office of the High Commissioner, Environmental crisis: High Commissioner calls for leadership by Human Rights Council member states, September 2021, https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=27443&LangID=E

              [6] Environment Commission for Latin America and the Caribbean, Principle 10 of the Rio Declaration on Environment and Development, 1992, https://www.cepal.org/en/infografias/principio-10-la-declaracion-rio-medio-ambiente-desarrollo#:~:text=Principle%2010%20seeks%20to%20ensure,for%20present%20and%20future%20generations

              [7] Global Witness, Last line of defence, September 2021, https://www.globalwitness.org/en/campaigns/environmental-activists/last-line-defence/

              [8] UNEP, Guidelines for the development of national legislation on access to information, public participation and Access to justice in environmental matters, February 2010, https://wedocs.unep.org/bitstream/handle/20.500.11822/11182/Guidelines%20for%20the%20Development%20of%20National%20Legislation%20on%20Access%20to%20information%2c%20Public%20Participation%20and%20Access%20to%20Justice%20in%20Environmental%20Matters.pdf?sequence=1&isAllowed=y

              [9] UNODC, UNODC’s Action against Corruption and Economic Crime, June 2021, https://www.unodc.org/unodc/en/corruption/index.html

              [10] Climate Action Tracker by Climate Analytics, New Climate Institute, Potsdam Institute for Climate Impact Research (PIK). It currently rates China’s ambition as Highly Insufficient, while the USA, the US and the UK’s are rated as ‘Insufficient’. The Gambia is one of the few countries currently rated as ‘Paris-compatible’, see: https://climateactiontracker.org/countries/china/

              [11] WFD, Why the empowerment agenda at COP26 matters for the success of the Paris Agreement, July 2021, https://www.wfd.org/wp-content/uploads/2021/07/Climate-Empowerment-Agenda-Statement-1.pdf

              [12] WFD’s approach to Environmental Democracy, June 2020, https://www.wfd.org/wp-content/uploads/2020/11/Global-environmental-crises-a-democratic-response_WFD_2020-updated.pdf

              Footnotes
                Related Articles

                Global Britain for an open world? – Conclusions and Recommendations

                Article by Adam Hug and Devin O'Shaughnessy

                Global Britain for an open world? – Conclusions and Recommendations

                This publication has set out in detail the scale of the global threat to open societies and put forward practical ideas for how the UK can play an active role in the defence of democracy, good governance and human rights. The UK needs to develop bold and integrated strategies for its own future use and a package of measures that can be proposed as its contribution to the Summit for Democracy (S4D). The essay contributions in this collection provide a rich set of proposals and ideas that go far beyond what can be wrapped into a simple conclusion but this endeavours to capture some of the key points for action raised by our experts.

                 

                First things first, the UK must get its own house in order to be consistent in its principles both at home and abroad. The recent Pandora Papers highlight yet again the central role played by the UK and its overseas territories in the financial networks that support autocratic regimes and closed societies around the world. The UK Government needs to deliver on the long-promised beneficial ownership register for property; it should transform or abolish Scottish limited partnerships; reform Companies House and increase both its staffing levels and those of the National Economic Crime Centre constituent partners (such as the National Crime Agency, Serious Fraud Office and HMRC) to give them the capacity to check registry information and undertake enforcement action. It should do more to tackle libel tourism and Strategic Lawsuits Against Public Participation (SLAPPs) to stop international autocrats using the UK courts as a tool to muzzle dissent. The UK needs to take further action to improve transparency and protect against foreign influence of the political process. The Government’s approach to immigration also needs to leave space for the emergency protection of those most at risk of being targeted by authoritarian regimes.

                 

                The Government should reconsider some of its current approach to respected UK institutions such as the BBC, universities, and civil society groups if it is to maintain its position as a ‘soft power superpower’. A culture war could lead to collateral damage to Britain’s international standing and risks giving the green light to authoritarians seeking to undermine their own independent institutions in a more expansive fashion. Furthermore, the Government should rethink and revise measures in new legislation currently under debate such as the Police, Crime, Courts and Sentencing Bill and the Elections Bill that restrict the right to protest or to vote in ways which have attracted international opprobrium. The UK’s ability to lead positive change internationally will be influenced by how other countries perceive the way it practices the principles of an open society at home, as well as what it preaches through its foreign policy.

                 

                When looking at how to make its case internationally the UK should be clear that the occurrence of open societies and open economies are clearly correlated but that causation is rooted in the institutions of open governance, rule of law and a pluralistic political environment that underpin them both. In these economically challenging times the cause of open societies and liberal democracy needs to be married with economic justice, greater opportunities and ensuring ordinary people have a stake in the economy and political life. UK foreign assistance needs to help rebuild trust in both open economies and societies by working towards a position where market institutions fairly apply the same rules to everyone, corruption is under control, inequality is reduced, businesses operate ethically and there is dialogue and collaboration between economic forces, civil society and democratic institutions.

                 

                The UK needs to protect and nurture its soft power strength from the risk of being hollowed out at times of budget cuts and political pressures. The mix of different soft power strengths should give the UK a unique ability to serve as a ‘Library of Democracy’, a globally connected soft power hub and resource centre to support the cause of open societies around the world. As a middle power, albeit with a number of important international assets, the UK needs to work effectively and in new ways with like-minded partners amongst donor countries, in the global south and in civil society to maximise its impact on behalf of the cause of open societies.

                 

                This publication sets out a number of ways in which the UK could seek to rethink and reform its approach to foreign policy and international aid to support open societies and human rights. It argues that the UK should seek to be ‘Doing Development Democratically’ (DDD), a long-term integrated cross-governmental approach that includes investing directly in democracy assistance programmes.

                 

                This DDD approach argues that the UK should act with ‘democratic sensitivity’, as any UK initiative conducted in or with a country will interact with its political systems and the Government should understand the positive or negative effects this may have for its democratic health. As Graham Teskey and Tom Wingfield argue, the FCDO should assess country strategy and individual programmes for unintended consequences and commit to a time-bound, measurable realignment if required. The UK should try to ensure at a minimum, that its actions do no harm to a country’s democracy, and ideally strengthens it by reinforcing local ownership, good governance, transparency, accountability, inclusion, and respect for human and democratic rights.

                 

                Working with partners, the UK should create a ‘Democracy Premium’ of clear and visible incentives for governments that show a demonstrated commitment to democracy and human rights, by offering a package that could include: additional foreign aid; trade preferences on more beneficial terms; enhanced access to international development finance; security guarantees; debt relief; technical support; and diplomatic engagement and participation in sought after international and regional agreements. Disincentives for backsliding should also be considered.

                 

                The important role that women’s political leadership can play in making government more accountable and democratic, while curbing issues like corruption, is evidenced by a number of authors including Rt Hon Maria Miller and in the introduction. It is vital that UK expertise in this area is not lost as the result of the perceived reprioritisation in the Integrated Review and that women’s rights and political leadership should be fully integrated into the wider Open Societies Agenda, learning from feminist foreign policy approaches in Sweden and Canada.

                 

                Similarly both the UK and the international community need to be able to respond quickly and decisively to bolster democratic opportunities when they present themselves. Taking an entrepreneurial approach to embedding open societies and in partnership with others, the UK could help deliver a ‘democratic surge’ of political, practical and financial support to buttress democratic openings and sustain them until change becomes embedded over the long term.

                 

                Which countries are chosen as key partners will be likely guided by UK strategic priorities but should not be bound by them. Decision-making must also be informed by where the UK can most effectively be a ‘force for good’ and to seize opportunities that arise. However, as set out in the introduction, there is an argument that investment in democratic development in regional leaders (i.e. ‘swing states’), often likely to be of wider strategic interest to the UK, can have an important role in diffusing open society principles across their wider regions.

                 

                This flexibility needs to be built into a strategic approach that reflects the long-term nature of change that is being supported in order to promote open societies and an open international system. The FCDO should explore extending its planning and delivery horizons to reflect this. Phil Mason argues that the FCDO should explore restoring the ten-year programming frameworks previously used by DFID, not an unreasonable approach given the Integrated Review is currently framed around the Prime Minister and Government’s 2030 Vision.

                 

                The publication recognises that the UK will continue to work with and provide support to countries that are not democracies and whose governments have no intentions to become one. However, it is important not to mislabel such governance work and other projects in autocracies as supporting democratic development or to pretend (‘democracy washing’) that such partners are ‘emerging democracies’ despite all the evidence to the contrary. Such work needs to be constantly reviewed to ensure it is delivering tangible outcomes, particularly in relation to security sector support.

                 

                Irrespective of the political situation of a country UK engagement should seek to build on a core platform of tacking corruption, promoting the rule of law and protecting freedom of expression (with a UK focus on media freedom). These are areas that are mutually reinforcing and can underpin wider progress towards other open societies goals. Phil Mason makes clear that technocratic box-ticking procedures are not enough to root out corruption and that there is a need for wider reform to the political and social culture, improving the quality of governance to greatly reduce graft. As a number of authors make clear, political will is key to effective implementation and delivering long-term change to governance standards, corruption and political pluralism. As Graham Teskey and Tom Wingfield also explain local context in institutional design is key, as more established Western institutions can potentially be sources of inspiration and support but should not be models for uncritical emulation, unmoored from local experiences.

                 

                Given the substantial cuts to Official Development Assistance (ODA), the UK will need to compensate by more effectively using all the other tools available to it in an integrated manner to move the Open Societies Agenda forwards. Many of these key tools have been outlined in the mechanisms for a ‘Democracy Premium’ outlined above, but it also means that ambassadors and ministers will need to spend greater political capital by speaking out more regularly on cases involving activists at risk, the unjustly imprisoned and to protect civic space bilaterally and multilaterally, both in private and in public. It should use its non-ODA funding mechanisms strategically in countries not eligible for aid but where impact could be important (including places like Poland, Hungary, Kuwait and Oman). The UK also needs to use and expand its new ‘Magnitsky-style’ sanctions regime to ensure rapid, coordinated and targeted sanctions are imposed against high level officials involved in orchestrating gross human rights violations along with the other measures to protect civic space that Iva Dobichina, Poonam Joshi, Sarah Green and James Savage argue for in their essay.

                 

                Graham Teskey and Tom Wingfield rightly argue for the need for some humility, understanding that in many cases the influence of external actors, such as the UK, will be more marginal to the cause of open societies than might be desired. They are right that diplomacy and aid cannot ‘deliver’ an open society by themselves and that supporting local actors who want to live in open societies are crucial to the success of any endeavour, what Stephen Twigg calls ‘the vital role of citizens, civil society organisations and other stakeholders in maximising the impact of any strategy’. Twigg also makes clear the ‘importance of multilateral action to bring together an alliance of countries, institutions and networks to take an issue forward’. Ideas for new international cooperation mechanisms include the Global Partnership for the Rule of Law suggested by Murray Hunt, which would bring together global collaborators under the leadership of a former world leader. The existing UK-Canada cooperation on the Media Freedom Coalition, provides a model to be built on for other bilateral and ‘minilateral’ initiatives to support open societies. James Deane and Murray Hunt respectively set out a persuasive argument for the development of an International Fund for Public Interest Media and a Global Fund for the Rule of Law, pooling resources from governments around the world as well as NGOs and (where appropriate) private sector partners.

                 

                However, the international partnership approach should fit alongside the understandable desire to strengthen UK based open society and democracy assistance capacity. Again using a pooled approach an Open Societies Fund could be created – potentially ring-fenced from the Conflict Security and Stability Fund (CSSF) – and be delivered by a consortium of British organisations (‘Team UK’), particularly from the not-for-profit sector and including appropriate arms-length bodies. These ‘best of British’ organisations would be capable not only of delivering impactful programming and generating soft power dividends, but could also be increasing competitive in securing EU, other European, and US-funding, further stimulating their growth and capabilities.

                 

                As hosts of COP26 – the most important climate conference since the 2015 Paris Accords – the UK has an unmissable opportunity to link combatting climate change and wider environmental degradation to the Open Societies Agenda. As Rafael Jimenez Aybar writes, if democracies are to thrive, they need to be better at solving ‘wicked problems’ like combatting global warming, protecting biodiversity, and speeding up the green energy transition. If solved through democratic means – realised through the three pillars of environmental democracy, namely environmental openness, participation, and access to justice – the result should be more just, widely accepted solutions that meet the incredible challenge humanity is facing. The UK could throw considerable weight behind WFD’s Environmental Democracy Conference, planned for 2022, making it an officially UK sanctioned Summit for Democracy side event, and kickstarting a global push to advance environmental democracy via multilateral and bilateral channels.

                 

                The challenge facing the UK and other countries seeking to reverse the retreat of democracy and open societies around the world is substantial but with the right approach and the necessary political will it is a far from insurmountable one. This publication has set a wide range of ideas that, if absorbed and acted upon, can certainly help the UK show a ‘renewed commitment to (being) a force for good in the world – defending openness, democracy and human rights’ that will be necessary for ‘shaping the open international order of the future’.

                 

                Recommendations

                The individual essays make a wide range of important suggestions for reform and action in their respective areas of policy. They include that:

                • The UK must get its own house in order. A programme of domestic reform should include:
                  • Delivering a beneficial ownership register for property; reforming and better resourcing Companies House, the National Crime Agency, Serious Fraud Office and HMRC; and transforming or abolishing Scottish limited partnerships;
                  • Rethinking and revising restrictions to the right to protest and vote in the Police, Crime, Courts and Sentencing Bill and the Elections Bill; and
                  • Protecting the UK’s soft power strength and avoiding undermining UK institutions so that the UK can act as a ‘Library of Democracy’, a democratic resource for the world.
                • The UK should commit to ‘Doing Development Democratically. This should include:
                  • Acting with ‘Democratic Sensitivity’ by understanding the impact of UK decisions on a country’s democracy, seeking to do no harm and instead supporting openness;
                  • Creating a ‘Democracy Premium’ of incentives for governments committed to democracy and human rights. Offering additional foreign aid, trade preferences, international development finance, security guarantees, debt relief, technical support, diplomatic engagement and access to international agreements;
                  • Responding to emerging opportunities for reform by delivering a ‘Democratic Surge’ of political, practical and financial support to buttress democratic openings; and
                  • Ensuring women’s political leadership plays a central role in the upcoming International Development Strategy and other FCDO policies.
                • The FCDO should invest in UK election observation capacity including a rapid response fund and push countries harder to deliver reforms on the basis of observation reports.
                • Ambassadors and Ministers should speak out more on human rights abuses and use Magnitsky sanctions to go after abusers.
                • The UK should support open data by creating ‘Digital Open Champions’ to drive reform at home and making it a key plank of its approach to aid and international regulatory bodies.
                • Support the development, funding and mobilisation of the International Fund for Public Interest Media and the establishment of a Global Fund for the Rule of Law.
                • Invest in UK democracy building capacity through a new Open Societies Fund, which could be delivered by a consortium of British NGOs and organisations (Team UK).
                • Ensuring the UK has clear commitments to show leadership at the Summit for Democracy.

                 

                Adam Hug became the Director of the Foreign Policy Centre in November 2017, overseeing the FPC’s operations and strategic direction. He had previously been the Policy Director at the Foreign Policy Centre from 2008-2017. His research focuses on human rights and governance issues particularly in the former Soviet Union. He also writes on UK foreign policy and EU issues. He studied at Geography at the University of Edinburgh as an undergraduate and Development Studies with Special Reference to Central Asia as a post-grad.

                 

                Devin O’Shaughnessy is the Director of Strategy and Policy for the Westminster Foundation for Democracy (WFD), responsible for advancing WFD’s strategic direction and providing technical leadership to its programmes and policy work. He has over 20 years’ experience in the field of international development, with expertise in democracy and governance, legislative assistance, civil society strengthening; electoral processes and observation; citizen participation; state building in fragile contexts; and inclusive politics. Before joining WFD, he worked for the National Democratic Institute (NDI) for nearly six years in Washington, DC, Indonesia, and Afghanistan. He has a Master’s degree in International Relations from Johns Hopkins University School of Advanced International Studies (SAIS).

                 

                Image by Number 10 under (CC).

                Footnotes
                  Related Articles

                  Responding to retreating rights in Kyrgyzstan, Tajikistan and Kazakhstan

                  Article by Adam Hug

                  September 30, 2021

                  Responding to retreating rights in Kyrgyzstan, Tajikistan and Kazakhstan

                  Over the course of 2021 the Foreign Policy Centre’s Retreating Rights project has mapped the scale of the human rights challenges in three of the five Central Asian states through publications on Kyrgyzstan, Tajikistan and Kazakhstan. The Retreating Rights project has mapped the rapidly declining picture for political pluralism and civic space in Kyrgyzstan since the October 2020 overthrow of President Jeenbekov and the vertiginous rise of President Japarov, while being frank about the situation that preceded and precipitated it – a political culture blighted by corruption, hatred and impunity. It documented how President Rahmon has steadily consolidated political and economic power firmly in the hands of his family and their associates in Tajikistan, following a ruthless strategy that has either suppressed, acquiesced or incorporated opposition voices. The project has also mapped the incomplete transfer of power from First President Nazarbayev to President Tokayev, who has promised change and introduction of a ‘listening state’ but so far failed to make a substantive difference to the human rights situation. Though opportunities for dialogue have opened in some areas, Kazakhstan’s powerful ruling elite remains broadly the same.

                   

                  In all three countries the COVID-19 pandemic exposed significant failings in governance and state capacity, as well as the importance of civic movements in helping respond to the crisis. COVID has provided further opportunities for governments to expand the powers and surveillance reach of their security apparatuses. The crisis has come on top of a period of existing economic uncertainty, with Tajikistan and Kyrgyzstan continuing to struggle as the poorest countries in the post-Soviet space and when the shine has come off the Kazakh economic miracle, with the cost of living being squeezed and the future for its energy wealth increasingly uncertain.

                   

                  The project documented how across the three countries the resources of the state are used to pursue political opponents to entrench the position (and wealth) of the elites currently in power. In Kyrgyzstan, the arrests of opposition politicians has become a repeated feature of post-election and revolution cycles but there are clear signs that this time the net may be being spread more widely. In Kazakhstan and Tajikistan, the Governments have been ruthless in using anti-extremism powers to completely clear the political landscape of opponents, including cracking down on low-level activists with punitive force. The use of Freedom Restrictions (parole type restrictions against political and civic activism in lieu of prison) in Kazakhstan and other insidious pressures such as arrests and intimidation of family members are among the tools used to make the cost of challenging the ruling elites extremely high. Democracy and political pluralism have never been allowed to flourish in Tajikistan and Kazakhstan with the punitive approach above combined with onerous registration requirements which would be hard to meet even without the risk of arbitrary arrest and other punitive measures. While the research clearly shows that democracy in Kyrgyzstan has always been more fragile than some Western observers might wish it to have been, and following the country’s third revolution in 15 years, the warning signs are flashing brighter than ever.

                   

                  Across the three countries political elites have positioned themselves to take full advantage of economic opportunities, capturing resources and squeezing out competitors to creating local monopolies in the private sector, dominating state owned enterprises and in some cases benefiting from customs monopolies and smuggling rings. The publications have documented the extent to which such money seeps into Western jurisdictions, not least in the United Kingdom and its overseas territory tax havens.

                   

                  The picture on civic space has made for grim reading across the three publications. In Tajikistan a few resilient civil society organisations are able to continue to operate and make a meaningful difference on issues that do not directly challenge the ruling power structure. However, they are walking on egg-shells over what they can say and do in an environment where one misstep could lead to imprisonment and brutal repression. The international community can find itself toning down criticisms of the regime in order to try to maintain this remaining toe-hold of civic space but it has an ever growing resemblance to a hostage situation. In Kazakhstan pressure waxes and wanes on the core of independent civil society still able to operate depending on the current political climate, with any link to the opposition ruthlessly pursued and cracked down on, particularly if there is any connection to fugitive oligarch and implacable Nazarbayev opponent Mukhtar Ablyazov. For many years independent civil society in Kyrgyzstan has faced delegitimisation by those in society seeking to undermine them for their links to the West and for their involvement in pushing for liberal social values. The tools used to apply pressure in all three countries include harassment of individual activists (from pressure by the security services through to trolling campaigns), onerous registration and financial reporting requirements and other forms of bureaucratic pressure. The publications examine in detail how the international community could work with local civil society partners to push back against harassment, delegitimising narratives and strengthen their support on the ground. Many of the problems facing NGOs are also faced by independent trade unions who in Kazakhstan and Kyrgyzstan have been under persistent pressure.

                   

                  One of the major challenges facing international support for human rights in the region and Western engagement more broadly is the way in which issues around women’s rights and LGBTQ rights are facing increasing push back from conservative social groups and politicians. This has seen everything from action on domestic violence and bride kidnapping through to protections for harassed and ostracised LGBTQ groups framed as a Western attack on traditional, local values. This culture war, with local conservative activists bolstered by Russian and other international illiberal and anti-Western narratives, has been relatively successful in helping the delegitimisation of Western backed civil society in Kyrgyzstan and the debate is now heating up in Kazakhstan, with issues of LGBTQ rights already off limits for campaigners in Tajikistan due to the level of repression. The publications also highlighted the impact of ongoing ethnic tensions, particularly for the Uzbek minority in Kyrgyzstan, but also how Kazakhstan, which has comparatively successfully navigated issues of ethnic identity since independence, is facing emerging tensions (notably around the upsurge of violence against the Dungan community in 2020) as sense of Kazakh identity has become stronger. The practice of religion is actively managed by the state across the region with Tajikistan and Kazakhstan seeing tight control of religious observance and actives measures against proselytisation, with some greater freedoms and open religiosity found in Kyrgyzstan though some restrictions on hijab wearing are to be found in all three states.

                   

                  The project showed the growing economic and political power of China in all three countries, a presence that has not been without its tensions, particularly in Kyrgyzstan and Kazakhstan as concerns over resources, jobs, the treatment of fellow Muslims (including ethnic Kazakhs) in Xingjian and the extent of the power imbalance have fuelled tensions. Russia remains a key regional player acting as the lead security partner, recipient of labour migrants from Tajikistan and Kyrgyzstan (with remittances a major source of income for both countries), and with Kazakhstan and Kyrgyzstan both members of the Russian-led Eurasian Economic Union. These connections help it maintain security service cooperation and cultural ties, which include continuing local engagement with Russian media and social media that can strengthen local conservative and anti-Western attitudes.

                   

                  The recent events in Afghanistan have clearly demonstrated the limits of Western power in the wider region but also triggered an increasing realisation of the need to work with the Central Asian states to manage the fallout. There is a real risk that the humanitarian crisis and security concerns that flow from the Taliban’s return may simultaneously boost UK, EU and US political engagement with Central Asian states but simultaneously deprioritise official advocacy for domestic reform and human rights still further. With Overseas Development Aid budgets to the region being trimmed in a number of donor countries the scope for influence in Kyrgyzstan and Tajikistan may be further curtailed.

                   

                  The outlook for progress on human rights, governance and democracy in Tajikistan, Kyrgyzstan and Kazakhstan may seem pretty bleak but this is not the time to give up hope. The publications map the different tools available to support reform, acting both inside and outside the countries in question and with different players taking cooperative and confrontation approaches to the ruling elites. The reports show that dialogue with the Governments of the region, particularly when bolstering local civil society activism, can help deliver modest gains on issues that do not directly impact local power dynamics but greater pressure will be required to achieve progress on more key human rights issues, particularly around the targeting of civil society and opposition activists.

                   

                  All three publications show how important corruption is to maintaining the repressive status quo so it should be prioritised by international partners and acted upon. This should mean rethinking and potentially reducing the provision direct budget support to Kyrgyzstan and Tajikistan, strengthening due diligence over internationally backed contracts, increasing conditionality on international lending and exploring ways to offer debt relief directly linked to political and human rights reform. The publications give ideas for how aid and international support can be re-evaluated and strengthened at this time of constrained budgets in donor nations.

                   

                  Across all three countries diplomatic pressure can be leveraged to make a difference in specific cases of abuse with local diplomats encouraged to speak out quickly and loudly. The impact of the European Parliament Resolution on human Rights in Kazakhstan has been clear, pushing the Government of Kazakhstan into a burst of legislative and diplomatic activity around these issues (albeit the jury remains clearly out on the extent to which it will lead to change in practice).[1] Such public measures to call out the Governments for their human rights record should be replicated, including by adding Tajikistan to the UK Government’s list of human rights priority countries. The three publications make the case for the use of personal ‘Magnitsky’ sanctions and anti-corruption tools more actively to help add to the pressure for reform. For example, the Kyrgyzstan publication suggested opportunities to take action against the officials involved in the torture and imprisonment of Azimjan Askarov and for other countries to follow the example of the United States in sanctioning Raimbek Matraimov on grounds of corruption.

                   

                  Western asylum systems need to become better attuned to the human rights challenges present in all three of these countries, particularly around the need to provide refuge to the family members of activists that are targeted, most notably by Tajikistan, as punishment for their relatives’ work. Global tech giants need to improve their content moderation and management to prevent organised trolling and abuse by political actors and the states themselves, with a clear lack of capacity in local languages (Tajik, Kyrgyz and Kazakh) identified as a key problem.

                   

                  There is a lot of work to be done in order to make meaningful progress to reverse the retreat of rights across Tajikistan, Kyrgyzstan and Kazakhstan. However, as the publications clearly showed in their essay contributions, there are some hugely impressive voices both in those countries and amongst their diasporas in both civil society and academia who should be supported to help deliver the change their countries need.

                   

                  Key recommendations for Tajikistan, Kyrgyzstan and Kazakhstan

                  Each publication provided a detailed list of locally focused recommendations but there are a number of recommendations that apply to all three countries. They should:

                  • Address widespread corruption at the heart of their states and take steps to reduce conflict of interest for state officials;
                  • End the use of anti-extremism legislation powers to target peaceful protestors, activists and opposition groups both at home and abroad and the use of torture in their penal and criminal justice systems;
                  • Stop targeting NGOs with punitive tax inspections and burdensome reporting requirements;
                  • Make it easier for independent and opposition parties to register and protect political activists from state harassment;
                  • Stop the continued harassment of independent trade unions and striking workers;
                  • Protect the ability of independent media, journalists and bloggers to operate. Measures to achieve this across the three countries should include: ending police and security service harassment, stopping the blocking of independent news websites, and further reforming libel laws and provisions on insulting the ‘honour and dignity’ of public officials;
                  • Improve data protection and privacy regulation and enforcement; and
                  • Tackle domestic violence, sexual harassment and abuse of the LGBTQ community.

                   

                  Recommendations for international institutions, Western partners and donors:

                  • Ensure a focus on issues of corruption, hatred and impunity;
                  • Undertake a systemic review of international donor and IFI funded projects, including budget support, the use of consultancies and working with NGOs. It should look at both objectives and implementation, based on evidence and widespread local engagement;
                  • Find ways to empower fresh thinking and new voices, while giving partners the space and resources to adapt to local priorities;
                  • Increase human rights and governance conditionality in current and future EU and UK partnership agreements, debt relief, aid and new investment;
                  • Expand local language moderation by social media companies and strengthen reporting and redress mechanisms;
                  • Raise systemic problems and individual cases of abuse both in private and in public diplomacy, including parliamentary resolutions on human rights in the region and adding countries to international human rights watch lists;
                  • Deploy ‘Magnitsky’ personal Sanctions against those responsible for human rights abuses
                  • Use international mechanisms for tacking corruption and kleptocracy, including improved transparency requirements in Western jurisdictions, reform of ‘golden visas’, corruption focused ‘Magnitsky’ sanctions and other anti-corruption tools such as Unexplained Wealth Orders where appropriate; and
                  • Improve access to asylum and temporary refuge for activists at risk, including measures to assist family reunification where their relatives have been targeted for abuse.

                   

                  The publications:

                  Retreating Rights: Examining the pressure on human rights in Kazakhstan: Launched on 22nd July 2021 and edited by Adam Hug (Foreign Policy Centre) the publication contains essay contributions from: Colleen Wood (Columbia University); Aina Shormanbaeva and Amangeldy Shormanbayev (International Legal Foundation- ILI); Tatiana Chernobil (formerly Amnesty International); Mihra Rittmann (Human Rights Watch); Galiya Azhenova (Adilsoz Foundation for the Protection of Freedom of Speech); Anna Gussarova (Director, CAISS – Central Asia Institute for Strategic Studies); Dr Khalida Azhigulova (Associate Professor, Eurasian Technological University); and Aigerim Kamidola (Independent consultant in international human rights law). A video of the launch event can be viewed here and the audio recording can be accessed here.

                   

                  Retreating Rights: Examining the pressure on human rights in Tajikistan: Launched on May 17th and edited by Foreign Policy Centre Director Adam Hug. It contains essay contributions from: Dr Sebastien Peyrouse (George Washington University); Dr Parviz Mullojanov (School for Advanced Studies in the Social Sciences Paris); Shoira Olimova (International Accountability Project); Xeniya Mironova (Independent scholar); Anne Sunder-Plassmann and Rachel Gasowski (International Partnership for Human Rights); Dr Oleg Antonov (Malmö University), Dr Edward Lemon (Texas A&M University) and Dr Parviz Mullojonov (School for Advanced Studies in the Social Sciences Paris); Favziya Nazarova and Nigina Bakhrieva (Public Foundation Notabene); Dilbar Turakhanova (Independent consultant); and Larisa Alexandrova (Independent expert). A video of the launch event can be viewed here and the audio recording can be accessed here.

                   

                  Retreating Rights: Examining the pressure on human rights in Kyrgyzstan: Launched on March 1st 2021 and edited by Adam Hug (Foreign Policy Centre) the publication contains essay contributions from: Dr. Asel Doolotkeldieva (OSCE Academy); Dr. Aijan Sharshenova (OSCE Academy); Gulzat Baialieva and Dr. Joldon Kutmanaliev (University of Tubingen); Professor Eric McGlinchey (George Mason University); Sardorbek Abdukhalilov (Spravedlivost); Dr. Aksana Ismailbekova (Leibniz-Zentrum Moderner Orient); Ryskeldi Satke (Third Pole); Shirin Aitmatova (UMUT 2020); Ernest Zhanaev (Human Rights writer and consultant); Dr. Elira Turdubaeva (University of Central Asia); Begaim Usenova (Media Policy Institute) and ARTICLE 19; and Jasmine Cameron (Human Rights lawyer). A video of the launch event can be viewed here and the audio recording can be accessed here.

                   

                  Photo by David Mulder, published under Creative Commons with no changes made.

                   

                  [1] European Parliament, RC-B9-0144/2021, https://www.europarl.europa.eu/doceo/document/RC-9-2021-0144_EN.html

                  Footnotes
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                    Құқықтық шегініс – Қазақстанд: Талдамалы жазба

                    Article by Adam Hug

                    Құқықтық шегініс – Қазақстанд: Талдамалы жазба

                    Қазақстан тәуелсіздігінің 30 жылдық мерейтойы қарсаңында жарияланып отырған бұл басылымда елдегі осы кезең аралығында болған өзгерістер талқыланады. Қазақстанда тұңғыш Президент Н.Назарбаев билігінің біртіндеп Президент Тоқаевқа өтуі және халықтың басым көпшілігінде өмір сүру деңгейінің төмендеуі себебінен әлеуметтік наразылықтардың артуына байланысты, сонымен қоса, қазба байлықтарды пайдаланудан ғаламдық бас тарту болашаққа деген сенімді азайтқан тұста, елдегі билік пен адам құқының қазіргі ахуалы туралы қорытынды жасау маңызды.

                     

                    Соңғы 30 жыл ішінде Қазақстандағы билік өкілдері қол жеткізген қарқынды экономикалық даму негізінен биліктің пайдасына және елдегі түрлі этникалық топтар арасындағы тұрақтылықты сақтауға қызмет етті.  Шын мәнінде, бұның барлығы саяси тәуелсіздік пен көптеген азаматтардың бас бостандығы есебінен жүргізілді. Үкімет пен оның жақтастары бұрынғысынша Қазақстанның демократияға бет бұруы мен елдегі саяси мәдениетті «дамытуға» біртіндеп қадам жасау арқылы қол жеткізуге болады деп есептесе, оларды сынаушылар соңғы 30 жылда саяси жүйеде ешбір өзгерістің болмағанын айтады. Елдегі реформалар халықтың өмір сүру деңгейі мен мемлекеттік қызмет көрсетуді жақсартқанымен, саяси күш  элитадан азаматтық қоғамға ауысқан жоқ. Мәселен, Қазақстандағы жалғыз саяси таңдау – Тоқаевтың президенттік таққа отыруын билік басындағылар жасады.

                     

                    Президент Тоқаев «Халық үніне құлақ асатын мемлекет» құруға және еркіндік пен Үкіметтің жауапкершілігін арттыратын реформалар жүргізуге уәде берді, алайда қазірше бұл саладағы өзгерістер шектеулі сипатқа ие. Оның ұстанымы негізінен қазіргі авторитарлық билік құрылымдарын сақтай отырып, мемлекеттің ықпалдылығы мен нәтижелерін жақсартатын «демократиясыз модернизация» немесе «жүйе ішіндегі реформалар» жолын жалғастыру сипатына ие. Қоғам белсенділерінің жұмысын жалғастыруға кедергі келтіретін «бостандық шектеулерін» кеңінен қолдану  арқылы сынға тосқауыл қою және келіспеушілікті ауыздықтау мақсаты байқалды.

                     

                    Жергілікті белсенділер мен халықаралық қауымдастықта адам құқықтарының бұзылуына жол бермеуге және реформа жасауға көмектесу мақсатында, әсіресе күштердің тепе-теңдігін толығымен сақтауға әсер етпейтін басқару салаларына қысым жасау мүмкіндігі бар. Жүйелі өзгерістерге қол жеткізу – бұл сыбайлас жемқорлықты әшкерелеу үшін халықаралық деңгейде іс-қимылдарды ары қарай жалғастыруды талап ететін күрделі міндет.

                     

                    Негізгі ұсыныстар

                    Осы жарияланымның зерттеу нәтижелеріне сәйкес Қазақстан Үкіметі:

                    • Үкіметтік емес ұйымдарды салықтық тексерумен және есептіліктің күрделі талаптарымен қудалауды тоқтату;
                    • Партияларды тіркеуді жеңілдету және саяси белсенділерді үкіметтің қудалауынан қорғау;
                    • Қылмыстық кодекстің 405 және 174-баптарына сәйкес экстремизмге қарсы заңнамалық өкілеттіктерді наразылық білдірушілерге немесе әлеуметтік желілерде оппозициялық тұрғыдағы ақпараттарға қолдау білдірушілер немесе таратушыларды қудалау үшін пайдалануды тоқтату;
                    • Тіркелмеген топтарға қойылатын шектеулерді алып тастау үшін қоғамдық шерулер туралы заңды одан ары қарай реформалау;
                    • Бейбіт шеруге қатысушыларға кеттлингті (қоршауға алу) полицейлік әдіс ретінде қолдануды тоқтату;
                    • Үкіметті жауапкершілікке шақыратын белсенділер мен блоггерлерге қатысты шешім шығаруда олардың болашақта жұмысын жалғастыруға кедергі келтіретін «бостандығын шектеу» жазасын қолдануды тоқтату;
                    • Тәуелсіз кәсіби ұйымдар мен ереуілге шығушы жұмысшыларға қатысты қудалауларды тоқтату;
                    • Сынау фактілерін азайту үшін қоғамдық ресми тұлғаларға жала жабатын және қадір-қасиетіне нұқсан келтіретін заңдарды қолданыстан шығару;
                    • Деректерді қорғау мен реттеуді және құпиялылықты сақтауды жақсарту; және
                    • Гендерлік теңдік құқығын қорғауды сақтай отырып, отбасылық зорлық-зомбылық пен жыныстық қысым көрсету туралы жаңа заңдарды дайындау туралы міндеттемелерді орындау.

                     

                    Халықаралық қауымдастық міндетті:

                    • Жеке өмірде және қоғамдық өмірде де кездесетін жүйелі проблемалар мен жекелеген қиянат көрсету жағдайларын көтеру; және
                    • Сыбайлас жемқорлық пен клептократияға қарсы күрестің халықаралық тетіктерін, соның ішінде ашықтық талаптарын жақсарту, ‘golden visas’ («алтын виза») реформасын, Магнитский санкцияларын және қажет болған жағдайда иесі белгісіз байлықты анықтау сияқты сыбайлас жемқорлыққа қарсы құралдарды қолдануды зерттеу.

                     

                    Image by Jussi Toivanen under (CC).

                    Footnotes
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