Cutting civil society’s lifeline The global spread of foreign agents laws
Recommendations
The experience of countries that have successfully resisted or overturned foreign agents laws demonstrates that coordinated resistance, strategic legal action and sustained international pressure can be effective. The following recommendations outline a comprehensive approach to countering this authoritarian tool.
FOR INTERNATIONAL COURTS AND HUMAN RIGHTS BODIES
- Build on existing European Court of Human Rights and European Court of Justice precedents to create comprehensive legal standards that distinguish legitimate transparency initiatives from repressive foreign agents laws.
- Expedite consideration of foreign agents law cases and deliver advisory opinions to clarify human rights obligations related to civil society funding.
- Develop interim measures and emergency procedures for situations where civil society faces immediate threats from foreign agents laws.
- Impose sanctions against governments that enact foreign agents laws and support efforts to repeal these laws.
FOR GOVERNMENTS
- Avoid adopting any legislation that stigmatises organisations based on their funding sources.
- Condemn foreign agents laws and use diplomatic channels to challenge false transparency narratives.
- Impose targeted sanctions on officials responsible for enacting foreign agents laws and other legislation that systematically restricts civil society.
- Provide safe haven and support for civil society activists forced to flee countries with foreign agents laws.
FOR FUNDERS AND PARTNERS
- Provide funding and legal and technical assistance to civil society in countries facing foreign agents laws, enabling them to adapt, innovate and sustain their work.
- Establish emergency funding mechanisms with rapid-disbursement grants for organisations threatened by foreign agents laws.
- Support the development of domestic philanthropy ecosystems in at-risk countries to reduce dependence on foreign funding.
- Systematically document the impacts of foreign agents laws and commission research on resistance strategies.
FOR CIVIL SOCIETY AND MEDIA
- Strengthen national, regional and international solidarity networks to share good practices and deploy rapid responses when foreign agents laws are proposed.
- Develop advocacy campaigns and undertake legal action to counter negative government narratives about civil society.
- Promote genuine transparency in foreign funding, advancing proportionate, non-discriminatory measures that don’t stigmatise civil society or restrict its legitimate activities.
- Fact-check government claims and work with partners including academia and the media to educate the public about the differences between legitimate transparency initiatives and repressive measures and expose the true intent of foreign agents laws.
- Strengthen legal capacities to challenge foreign agents laws through domestic and international courts.
- Establish secure communication channels and mutual support systems for organisations forced to operate under restrictive laws.