The Environment For CSOs And Civic Freedoms In the MENA Region
The state of Civic Freedoms
The Environment Surrounding Civil Society Organizations And Civic Freedoms In The Middle East And North Africa
Civil society in the MENA region has faced unprecedented challenges in the years following the Arab uprisings. In the face of political, economic, and social instability, many Arab governments see civil society organizations (CSOs) as potential threats to traditional, institutionalized power structures. In some countries, governments weakened by political and economic tumult have sought to limit the number of CSOs deeming them de facto sources of dissent or opposition. This tendency is manifested formally through legal restrictions on the establishment’s functions, and funding of CSOs, and less formally through misapplication of these legal tools, employing administrative impediments, and the harassment of CSOs. Meanwhile, MENA countries are also witnessing ongoing limitations to key “civic freedoms,” namely: freedom of association, freedom of assembly, freedom of expression, and public participation.
In 2016, Beyond Group (formerly Beyond Reform and Development) and Menapolis in partnership with the International Center for Not-for-Profit Law (ICNL) launched a two-year field research study on the Environment For Civil Society Organizations (CSOs) And Civic Freedoms In Five Middle East And North Africa (MENA) Countries. The research focuses on Morocco, Tunisia, Lebanon, Jordan, and Kuwait, and provides an assessment of the effect of formal and informal restrictions on the functionality and viability of CSOs. The study provides important findings and recommendations that could impact future relations between CSOs and the government, military forces, private sector and media.
Below are the key findings at the regional level:
Freedom of Association
Surveyed CSO stakeholders associated with formal, legally-registered organizations reported that they faced various challenges during the registration process. In Morocco and Jordan, CSO stakeholders most often cited the cost and time-intensiveness of accessing the registration office as a challenge. In Lebanon and Tunisia, the most frequently cited challenge was a delay in the government’s response to registration applications. CSO stakeholders in Kuwait commonly face delays in the government’s response as well as the difficulty of obtaining information on the registration requirements.
Freedom of Expression
CSO stakeholders in Tunisia and Lebanon felt the most free to express themselves openly, while those in Morocco, Jordan, and Kuwait were less sanguine about their ability to exercise freedom of expression. CSO stakeholders in all five countries, however, noted that knowledge of the consequences for discussing certain topics in public has led to self-censorship among CSO members, activists, and journalists.
Freedom of Assembly
A significant number of CSO stakeholders in all five countries had witnessed incidents in which state or security officials dispersed public assemblies, with the highest numbers in Tunisia (59%), followed by Jordan (41%), Kuwait (35%), Morocco (31%), and Lebanon (25%).
Public Participation
Across all countries, a majority of CSO stakeholders surveyed (95% in Jordan, 80% in Tunisia, 72% in Kuwait, 63% in Lebanon, and 59% in Morocco) believed the law either does not provide for CSO participation in policy and legislative processes at the national level or only partially provides for it. Varying shares (68% in Jordan, 42% in Tunisia, 37% in Kuwait, 30% in Lebanon, and 20% in Morocco) believed the law does not provide for CSO participation, while roughly a third in all countries (39% in Morocco, 38% in Tunisia, 35% in Kuwait, 33% in Lebanon, and 27% in Jordan) believed that the law only partially provides for such participation.
Resource Mobilization
The majority of CSOs in all five countries reported that their organization’s primary source of funding was domestic – whether donations from individuals, domestic government funding, private sector funding, or membership fees. Foreign funding was most common in Lebanon, where two-fifths (40%) of the surveyed groups in Lebanon reported that foreign funding was their primary funding source, and another 11% reported receiving some foreign funding.
The study puts forward country-specific mitigations to counter restrictions on CSOs and facilitate access to civic freedoms. In addition to the guidance that it provides for actors within civil society, the report also aims to provide the necessary data, analysis, and input for governments, CSOs, the private sector, and international organizations among others to be able to play a more positive and constructive role in the protection or provision of civic freedoms. Consequently the report is best put to action as a guide in the creation and development of future programs tackling CSO and Civic Freedoms in the MENA region.
Based on the data presented, the following suggests the potential target audiences to be engaged in workshops, discussions, and projects to ensure greater access to civic freedoms in each country:
Civil society organizations
Build the capacity of CSOs on the laws and regulations affecting civic freedoms, to help them comply with the law as well as recognize and navigate legal obstacles.
Support the development of lawyers trained in the laws affecting civic freedoms who can provide legal assistance to CSOs when necessary.
Support CSOs in organizing effective coalitions and developing common goals and agendas to advance civic freedoms.
Government and public institutions
Develop the capacity of public officials to better understand existing laws and regulations affecting civic freedoms.
Support teaching and training for public officials on the proper administration of laws affecting civic freedoms.
Help agencies and institutions to develop more efficient and effective processes to facilitate proper, timely implementation of the law.
Military and security forces
Develop the capacity of military and security institutions and officials to better understand existing laws and regulations affecting civic freedoms.
Introduce and promote community policing to engage the community with security forces and together develop mechanisms to protect civic freedoms.
Private sector
Facilitate partnerships between CSOs and the private sector to advance policies and reforms based on shared interests.
Encourage businesses to support innovative, socially-driven activities and initiatives implemented by CSOs.
Media
Empower and support non-traditional, independent, and innovative media outlets and initiatives.
Strengthen partnerships between CSOs and media outlets to support expanded coverage of CSOs’ contributions to society.
While information exists about the various restrictions facing civil society, there is still little understanding of the nature and actual, cumulative impact of these restrictions. The findings of the research study on the Environment For CSOs And Civic Freedoms In MENA Countries and the suggested mitigation measures aim to serve as a guide in the creation and development of future programs that mitigate restrictions on civic spaces. In times of ongoing crises, rising tensions, and continuous developmental challenges in each of the countries cited in the study as well the overall regional level; joining efforts, collaborating, and contributing to loosening restrictions on civic spaces remains essential for CSOs to play their part within communities.