‘The new law’s purpose is to increase government control over civil society’

By CIVICUS
Oct 16 2024 (IPS)

 
CIVICUS discusses a recently passed law regulating civil society organisations (CSOs) in Paraguay with Marta Ferrara and Olga Caballero, executive directors of Semillas para la Democracia (Seeds for Democracy) and Alma Cívica (Civic Soul), two of the organisations leading the civil society response to the closing of civic space.

On 9 October, Paraguay’s Congress passed a law on the ‘control, transparency and accountability of nonprofit organisations’. The law gives the government the power to impose excessive controls on CSOs and punish non-compliance with sanctions that include closure of offending organisations and lengthy disqualifications for their directors. Paraguayan civil society says this jeopardises the independence of CSOs and their ability to act in pursuit of their legitimate objectives. It’s calling on the president to veto the bill.

The new law makes no secret of its purpose, which is to increase government control over CSOs. It establishes strict registration and reporting requirements for all CSOs that handle public or private funds, both national and international.

It’s a law similar to those used by authoritarian regimes such as Nicaragua and Venezuela to restrict and criminalise the work of CSOs in key areas such as human rights and anti-corruption. It uses transparency as an excuse, when CSOs working for democracy and human rights are already accountable to a range of state institutions, as well as to donors, partners and allies. Of course we want transparency, it’s one of the things we fight for, but that’s not what this law is about. If it were, the government would have called for participatory drafting of the bill, rather than imposing it as it has done.

Our analysis highlights three key problems with the law: unclear administrative requirements, excessive controls and disproportionate sanctions.

First, the law requires CSOs to register with the Ministry of Economy and Finance, but doesn’t set out clear procedures for doing so, which could lead to arbitrary barriers that would likely affect smaller organisations that are less able to navigate the bureaucracy.

Second, the law imposes excessive controls on the funding of CSOs. CSOs will be required to submit detailed reports on the origin and use of their funds. This could allow the government to arbitrarily intervene in their financial operations and hinder their access to funding.

Third, the law imposes excessive penalties for not complying with provisions that are quite vague, ranging from heavy fines to the dissolution of organisations.

Why this attempt to restrict civil society freedoms?

This law is part of a wider pattern of civic space restrictions, which has recently seen worrying setbacks. It’s one of the biggest attacks on civic and democratic freedoms in Paraguay’s recent history, but it’s far from the only one.

Powerful political forces have long promoted a narrative that delegitimises CSOs. They accuse them of posing a threat to the country’s democratic stability, when the reality is quite the opposite, as civil society stands out for its work to defend rights and democratic institutions. Delegitimising narratives have served to justify excessive controls on CSOs.

The Congressional Commission of Inquiry is playing a prominent role. It has diverted from its original function of investigating crimes related to money laundering and other financial crimes to focus on persecuting and intimidating CSOs and political groups and people who defend democracy and rights, and more generally those who are considered critical of or opposed to the group currently in power.

Does the law target a particular type of organisation or activism?

While all CSOs could be affected, we’re particularly concerned the law will be used to delegitimise and constrain the actions of organisations that challenge the powerful, promote human rights, strengthen participation, fight corruption and promote transparency.

The law seems designed to weaken any group the government deems critical, limiting their ability to act and curtailing their independence. Thanks to its vague definitions, the government could selectively apply it to stifle watchdog organisations, which are key to the functioning of a healthy democracy.

How has Paraguayan civil society reacted?

Since learning about the first draft of the bill, civil society has mounted a coordinated opposition through statements and joint actions. We have defended our role in promoting transparency and democracy, and several organisations have publicly condemned the use of authoritarian and conspiratorial narratives designed to provoke fear and division in society.

The Advocacy Group of CSOs in Defence of Democracy, which our organisations belong to, has focused on creating spaces for debate and coordinating positions to confront disinformation, restrictive legislation and other threats to civic space.

Although civil society faces limitations in speaking out collectively, we have a strong commitment to continue working together and supporting one another. But we need more support from multilateral agencies, funders and human rights networks to raise the profile of the situation. We need support to protect the work of CSOs from government attacks and to facilitate access to resources and global advocacy forums.

Meanwhile, Paraguayan civil society has urged the executive to veto the law, and we are currently awaiting the decision of the president, who must sign it into law. This is a critical moment for civic space in Paraguay.

Get in touch with Semillas para la Democracia through its website or its Facebook and Instagram pages, and follow @semillaspy on Twitter.

Get in touch with Alma Cívica through its website or its Facebook and Instagram pages, and follow @AlmaCivica on Twitter.