Oct 16 (IPS) – CIVICUS discusses a recently passed law regulating civil society organizations (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 organizations leading civil society’s response to the closure of public spaces.
On October 9, Paraguay’s Congress passed a law on the “Control, Transparency and Accountability of Non-Profit Organizations.” The law gives the government the power to impose excessive controls on civil society organizations and punish non-compliance with sanctions, including the closure of offending organizations and long-term disqualifications of their directors. Paraguayan civil society says this threatens the independence of civil society organizations and their ability to act in pursuit of their legitimate objectives. It asks the president to veto the bill.
What is the law just passed by the Paraguayan Congress about?
The new law makes no secret of its purpose, which is to increase government control over civil society organizations. It establishes strict registration and reporting requirements for all civil society organizations that manage public or private funds, both nationally and internationally.
It is a law similar to those used by authoritarian regimes such as Nicaragua And Venezuela to restrict and criminalize the work of civil society organizations in key areas such as human rights and anti-corruption. It uses transparency as an excuse, while civil society organizations committed to 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 is one of the things we fight for, but that is not what this law is about. If that were the case, the government would have called for the draft law to be drafted in a participatory manner, rather than imposing it as it did.
Our analysis reveals three main problems with the law: unclear administrative requirements, excessive controls and disproportionate sanctions.
Firstly, the law requires civil society organizations to register with the Ministry of Economy and Finance, but does not set out clear procedures for doing so, which could lead to arbitrary barriers that would likely impact smaller organizations that are less able to navigate the bureaucracy.
Second, the law imposes excessive controls on the financing of civil society organizations. Civil society organizations will be required to submit detailed reports on the source and use of their funds. This could allow the government to arbitrarily intervene in their financial activities and hinder their access to finance.
Third, the law imposes excessive penalties for failure to comply with relatively vague provisions, ranging from heavy fines to the dissolution of organizations.
Why this attempt to restrict the freedoms of civil society?
This law is part of a broader pattern of restrictions on public spaces, which has seen worrying setbacks recently. It is one of the biggest attacks on civil and democratic liberties in Paraguay’s recent history, but it is far from the only one.
Powerful political forces have long promoted a narrative that delegitimizes civil society organizations. They accuse them of posing a threat to the country’s democratic stability, while the reality is quite the opposite, as civil society stands out for its work to defend rights and democratic institutions. Delegitimizing narratives have served to justify excessive controls on civil society organizations.
The congressional investigative committee plays a prominent role. The organization has deviated from its original function of investigating crimes related to money laundering and other financial crimes to focus on prosecuting and intimidating civil society organizations and political groups and people who defend democracy and rights , and more generally those who are considered critical or against the group. currently in power.
Does the law target a specific type of organization or activism?
While all civil society organizations may be affected, we are particularly concerned that the law will be used to delegitimize the actions of organizations that challenge the powerful, challenge human rights, strengthen participation, fight corruption and promote transparency and to restrict.
The law appears designed to weaken any group the government deems crucial, limiting their ability to act and curtailing their independence. Its vague definitions could allow the government to use it selectively to stifle watchdog organizations, which are critical to the functioning of a healthy democracy.
How has Paraguayan civil society responded?
Since learning of the first draft of the bill, civil society has built a coordinated opposition through statements and joint actions. We have defended our role in promoting transparency and democracy, and several organizations have publicly condemned the use of authoritarian and conspiratorial narratives designed to cause fear and division in society.
The Advocacy Group of civil society organizations in defense of democracyto which our organizations belong, has focused on creating room for debate and coordinating positions to counter disinformation, restrictive legislation and other threats to social space.
Although civil society faces limitations in collectively speaking out, we are committed to continuing to work together and support each other. 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 civil society organizations from government attacks and to facilitate access to resources and global interest forums.
Meanwhile, Paraguayan civil society has urged the executive branch to veto the law, and we are currently awaiting the decision of the president, who must sign the law. This is a crucial moment for social space in Paraguay.
Contact Semillas para la Democracia through her website or are Facebook And Instagram pages and follow @semillaspy on Twitter.
Contact Alma Cívica through her website or are Facebook And Instagram pages and follow @AlmaCivica on Twitter.
© Inter Press Service (2024) — All rights reservedOriginal source: Inter Press Service
