Foreign funding of non-governmental organizations (NGOs) is a controversial issue in some countries. In the late Cold War and afterward, foreign aid tended to be increasingly directed through NGOs, leading to an explosion of NGOs in the Global South reliant on international funding. Some critics of foreign funding of NGOs contend that foreign funding orients recipients toward donor priorities, making them less responsive to the communities they work in.
In 2013, a study published in Journal of Democracy surveyed 98 countries and found that "51 either prohibit (12) or restrict (39) foreign funding of civil society". [1] [2] The United Nations considers foreign funding of NGOs to be a right of freedom of association; however, critics argue that restrictions are justified in order to protect national sovereignty from corrosive foreign influence.
In the late Cold War and afterward, foreign aid tended to be increasingly directed through NGOs, leading to an explosion of NGOs in the Global South reliant on international funding. [3] Between 1994 and 2015, many countries passed laws limiting foreign funding of NGOs, which were usually justified by rhetoric of national sovereignty and the desire to ward off foreign influence. According to a 2019 study in Social Forces , "new funding laws are part of a growing backlash against the liberal international order", especially by illiberal and/or anti-Western governments. [4] In 2006, Thomas Carothers termed this phenomenon "the backlash against democracy promotion", which he dates to Chinese and Russian restrictions in the early 2000s. [1] In 2013, a study published in Journal of Democracy surveyed 98 countries and found that "51 either prohibit (12) or restrict (39) foreign funding of civil society". [1] [2]
A 2002 law restricted the activities of NGOs which received foreign funding, prohibiting them to engage in any political or policy related work. [5] Egypt–United States relations were seriously disrupted by raids on NGOs which occurred in July 2011, several months after the overthrow of Hosni Mubarak. Civil society organizations had criticized the Supreme Council of the Armed Forces' handling of the power transfer. [2] [6] In 2013, 42 employees of various NGOs including Freedom House and the Konrad Adenauer Foundation were convicted of "operating an organization without a license and receiving illegal foreign funding". [7]
Ethiopia introduced restrictive anti-foreign NGO legislation, the Charities and Societies Proclamation, in 2009, but substantially relaxed it in 2019. [8] [9]
In 2013, a Kenyan law which would have imposed a cap on foreign funding was rejected by the legislature. However, in 2014 President Uhuru Kenyatta stated that he would not allow "organizations advancing foreign interests to destabilize the government". [9]
Foreign funding of NGOs, including newspapers, also occurs in Nigeria. [10] Nigeria adopted a law restricting foreign funding in 2017, closely modeled on a similar law adopted by Sierra Leone in 2016. Freedom House stated that the law could lead to "improper state control of NGO programs, if not outright co-optation of NGOs". [9]
Zimbabwe prohibits foreign NGOs from engaging in any work related to governance and limits the activities of local NGOs which accept foreign funding. [11] In 2004, ZANU-PF passed a bill which would have banned foreign NGOs, which was not signed by the president. [12] [9] Zimbabwe also cracked down on foreign NGOs prior to the 2008 and 2013 elections, claiming they were too involved in politics. [13] [14] Jeanne Elone wrote that Zimbabwe's constitutional guarantee of freedom of association is "obstructed by prohibitions against unregistered groups, complex registration procedures, vague grounds for denial, re-registration requirements, and barriers for international organizations". [11] [15]
A study of NGOs in Nicaragua concluded that foreign funding increased professionalization, and caused NGOs to focus more on delivering services than policial activism, compared to grassroots membership organizations. [16]
In 2006, Venezuela rejected a law which would have forbidden foreign funding of NGOs entirely. A less restrictive law was passed in 2010. In the interim, Venezuela redirected its foreign policy and was no longer allied with countries which disapproved of such restrictions. [1]
The Foreign Agents Registration Act is a United States law that imposes public disclosure obligations on persons representing foreign interests.[ citation needed ]
A study of foreign funding in NGOs operating in Cambodia found that donors prefer organizations with more professionalization, but do not prioritize those which have strong grassroots connections and local legitimacy. [17]
Foreign Contribution (Regulation) Act, 2010 is the law that governs foreign funding in India [18] [19] According to a 2014 Intelligence Bureau report, certain NGOs (such as Greenpeace, Cordaid, Amnesty International, and Action Aid) reduced India's GDP by a few percent each year. The Modi government cancelled the licenses of almost 20,000 NGOs by 2018, which led to a 40% reduction in foreign funding to NGOs. [20] [21] [22]
Israel has laws requiring NGOs to disclose the source of their funds. Those NGOs which receive over 50% of their funding from foreign sources must report on this funding to the authorities and publish relevant information on their websites and "in any other way selected by the Ministry of Justice". The list of foreign-funded NGOs is also published on the Ministry of Justice's website.[ citation needed ]
Certain left-wing NGOs receive disproportionate funding from the European Union and Western European countries, which is perceived by opponents to undermine the policies of Israel's democratically elected government. [23] [24]
Kazakhstan has legislation that obliges entities receiving "money and/or other property" from "foreign source" to provide the tax authority with information on each receipt of foreign funding. The information is published on the tax authority's website. Materials published and/or distributed at the expense of foreign funding must include information about the foreign source.[ citation needed ]
In 2017, Hungary passed Law No LXXVI of 2017 on the Transparency of Organisations which receive Support from Abroad, which restricted foreign funding of NGOs. On 18 June 2020, the European Court of Justice ruled that the law violated European Union law by "introduc[ing] discriminatory and unjustified restrictions", violating free movement of capital and other guaranteed rights. [25] [26]
On 30 April 2024, Slovakia's parliament approved in the first reading the legislative amendment introduced by the Slovak National Party. The bill would require non-profit organizations which annually receive more than €5,000 from outside of Slovakia to register as "organizations with foreign support". [27] The bill would oblige these organizations to disclose identity and nationality of donors and creditors. The organizations funded by more than €50,000 per year would be obliged to submit an annual report to the Ministry of the Interior. The Ministry would be able to dissolve the organizations which would fail to follow the regulations. The law has been described as stricter than Hungarian law, but softer than Russian and Georgian laws. [27]
In December 2017 newspapers reported that the Standards in Public Office Commission found that the Amnesty International Ireland had violated Ireland's campaign finance laws which prohibit foreign donors making donations to groups in Ireland who influence government policy. This was related to the Amnesty International Ireland's campaign to revise Ireland's abortion laws and the funding it received from George Soros Open Society Foundation. Amnesty Ireland stated that they were not going to obey the Commission's instruction to return the funding, as it considered it a violation of its - and other Irish NGOs' - rights to freedom of association and expression. [28] [29]
Amnesty initiated a High Court challenge to SIPO's instruction. The case was heard in July 2018 and as part of the settlement agreement, the High Court heard that SIPO now accepts its decision that the donation was for political purposes and must be returned was "procedurally flawed". The Commission had frequently stated in its reports that this provision is overly wide and cannot have been the intention of the legislature, except where groups are involved in campaigning at elections or referendums. Amnesty said it was pleased that the decision has been quashed and that it was vindicated in its decision to challenge the decision. Amnesty also said that it hopes the Government will reform the Electoral Act. [30]
In May 2020, Law and Justice environment minister Michal Wos announced that the Polish government was considering a law to require NGOs to disclose foreign funding, because "Poles have a right to know whether they are indeed organisations that work in the interests of Poles". The proposed law was criticized by the opposition; critics argued that the government was trying to suppress criticism. [31]
The Russian foreign agent law requires foreign-funded NGOs to register as "foreign agents" (Russian : Иностранные агенты), a Soviet-era dysphemism for Soviet dissidents. [32] [33] [34] [22]
On 7 March 2023, the Georgian Parliament passed the Law on Transparency of Foreign Influence in the first reading, which requires NGOs receiving foreign funding to register as "agents of foreign influence" if the foreign support amounts to 20% of their total revenue. [35] The bill requires NGOs to disclose the source of their funds but does not impose any restriction on their activities. The draft law was criticized by the US State Department, United Nations and European Union. The proposed law caused protests, due to which the parliament suspended further discussions of the bill. [36]
On 3 April 2024, it was announced that the similar draft law would be submitted to the Parliament. [37] On 8 April, the Bureau of Parliament of Georgia registered the bill for the parliamentary discussions. [38] The Parliament passed the draft law with the third reading at the plenary session on 14 May, with 84 votes to 30. [39]
On 8 February 2024, the President of Abkhazia, a breakaway republic internationally recognized as part of Georgia, submitted a draft Law on Foreign Agents to the Parliament. The law would ban organizations and individuals receiving funds and/or property from foreign sources from participating in politics, holding rallies and protests, and obtaining state funding. According to the explanatory note, the law would be an "immediate response" to foreign involvement in Abkhazia's politics. [40]
In 2001, Belarus introduced a mandatory authorization system for foreign funding of NGOs. [41] Funds transferred from abroad, regardless of their value, have to be registered with the government. The registration may be denied for a broad number of reasons. The only exception of the requirement to register funding is when it is provided in accordance with programs approved by the President of Belarus or with international treaties ratified by Belarus. Since 2011, the violations of rules regarding receiving foreign funding may result in criminal liability. [42] Foreign funding of NGOs can not be used for promoting political material, preparing or conducting elections, meetings, protests and other assemblies, conducting other types of political and promotional work with the population etc. [43]
In 2014, Azerbaijan adopted amendments and additions regulating foreign funding of NGOs. Any grant agreement, donation or service contract must be registered with the Ministry of Justice.
According to Azerbaijani law, unlike a "donation", a "grant" is always given for a specific purpose and can be attached to specific conditions. A right to issue a grant in Azerbaijan must be obtained by registration. It is required to have a registered office in Azerbaijan and an approval from the Ministry of Finance in order to be allowed to issue grants to NGOs. [44]
Restrictions on foreign funding of NGOs are more common in hybrid or authoritarian states compared to liberal democracies. [45]
In 2013, the United Nations Special Rapporteur on the Rights to Freedom of Peaceful Assembly and of Association, Maina Kiai, stated that "The right to freedom of association includes the right to seek, receive and use resources – human, material and financial – from domestic, foreign, and international sources." [46] In 2014, The Economist reported that "More and more autocrats are stifling criticism by barring non-governmental organisations from taking foreign cash", citing Hungary as an example. [47]
A 2020 study found that African countries which allowed foreign funding of NGOs had a higher voter turnout; the authors argued that this effect was because laws against foreign funding implied a democratic recession. [3]
A 2015 study found that local human rights organizations in non-repressive developing countries often relied on international funding as the path of least resistance instead of seeking local funding. The authors of the study also stated that "excessive reliance on foreign aid is rarely healthy over the long term; it can easily weaken, distort, and divide domestic civil societies". [48]
One argument against foreign funding is that it might cause NGOs to reorient their objectives to what donors are looking for at the moment, at the cost of local priorities (mission drift). [49] [50] [51] However, foreign funding might not have as strong a crowding out effect as local government spending because the money is coming from foreigners, rather than tax money. [51]
Supporters of foreign funding restrictions argue that they undermine national sovereignty and that NGOs may push political agendas while claiming to be neutral. Because foreign-funded NGOs are accountable to foreign donors rather than local communities or voters, with a lack of democratic checks and balances, they lack accountability from citizens of the countries that they operate in. [23] Shaoguang Wang has argued that, "foreign donors often use their own preferences, priorities, and concern rather than local needs to dictate which types of local NGOs will dominate the scene". [52] [53] John Feffer stated that "Civic groups committed to universal values will sometimes (inadvertently or deliberately) work on behalf of the interests of foreign states." [54] [53]
Neo-Marxists have argued that foreign NGOs use their money to promote neoliberal policies that benefit United States and European elites at the expense of anti-imperialism. [1]
One of the arguments in favor of restricting the foreign funding of NGOs raised in the context of the Georgia's passage of the Law on Transparency of Foreign Influence and related protests, is that the civil society groups should grow organically and spring from the country they are in, they should keep going on support mainly received from within the country rather than being dependent on foreign funding. [55]
A non-governmental organization (NGO) is an organization that generally is formed independent from government. They are typically nonprofit entities, and many of them are active in humanitarianism or the social sciences; they can also include clubs and associations that provide services to their members and others. NGOs can also be lobby groups for corporations, such as the World Economic Forum. NGOs are distinguished from international and intergovernmental organizations (IOs) in that the latter are more directly involved with sovereign states and their governments.
Freedom House is a non-profit organization based in Washington, D.C. It is best known for political advocacy surrounding issues of democracy, political freedom, and human rights. Freedom House was founded in October 1941, with Wendell Willkie and Eleanor Roosevelt serving as its first honorary chairpersons. Most of the organization's funding comes from the U.S. State Department and other government grants. It also receives funds from various semi-public and private foundations, as well as individual contributions.
Civil society can be understood as the "third sector" of society, distinct from government and business, and including the family and the private sphere. By other authors, civil society is used in the sense of 1) the aggregate of non-governmental organizations and institutions that advance the interests and will of citizens or 2) individuals and organizations in a society which are independent of the government.
The National Endowment for Democracy (NED) is a quasi-autonomous non-governmental organization in the United States founded in 1983 with the stated aim of advancing democracy worldwide, by promoting political and economic institutions, such as political groups, business groups, trade unions, and free markets.
Campaign finance – also called election finance, political donations, or political finance – refers to the funds raised to promote candidates, political parties, or policy initiatives and referendums. Donors and recipients include individuals, corporations, political parties, and charitable organizations.
The Rose Revolution or Revolution of Roses was a nonviolent change of power that occurred in Georgia in November 2003. The event was brought about by widespread protests over the disputed parliamentary elections and culminated in the resignation of President Eduard Shevardnadze, which marked the end of the Soviet era leadership in the country. The revolution derives its name from the climactic moment, when demonstrators led by Mikheil Saakashvili stormed the Parliament session with red roses in hand.
Independent media refers to any media, such as television, newspapers, or Internet-based publications, that is free of influence by government or corporate interests. The term has varied applications.
A foreign agent is any person or entity actively carrying out the interests of a foreign principal while located in another host country, generally outside the protections offered to those working in their official capacity for a diplomatic mission.
Laws regulating nonprofit organizations, nonprofit corporations, non-governmental organizations, and voluntary associations vary in different jurisdictions. They all play a critical role in addressing social, economic, and environmental issues. These organizations operate under specific legal frameworks that are regulated by the respective jurisdictions in which they operate.
Rural development is the process of improving the quality of life and economic well-being of people living in rural areas, often relatively isolated and sparsely populated areas. Often, rural regions have experienced rural poverty, poverty greater than urban or suburban economic regions due to lack of access to economic activities, and lack of investments in key infrastructure such as education.
Aseem Prakash is a professor of Political Science, the Walker Family Professor of the College of music and Sciences and the Founding Director of the UW Center for Environmental Politics. He serves as the General Editor of the Cambridge University Press Series on Business and Public Policy and the Associate Editor of Business & Society. In addition to serving on editorial boards of several additional journals, he has been elected as the Vice-President of the International Studies Association (2015-2016). Professor Prakash is a member of National Academies of Sciences, Engineering, and Medicine's Board on Environmental Change and Society and International Research Fellow at the Center for Corporate Reputation, University of Oxford. He was elected to the position of the Vice President of the International Studies Association for the period, 2015-2016. He is the recipient of International Studies Association, International Political Economy Section's 2019 Distinguished Scholar Award that recognizes "outstanding senior scholars whose influence and path-breaking intellectual work will continue to impact the field for years to come as well as the Associations' 2018 James N. Rosenau Award for "scholar who has made the most important contributions to globalization studies". The European Consortium for Political Research Standing Group on Regulatory Governance awarded him the 2018 Regulatory Studies Development Award that recognizes a senior scholar who has made notable "contributions to the field of regulatory governance."
Rights-based approach to development is promoted by many development agencies and non-governmental organizations (NGOs) to achieve a positive transformation of power relations among the various development actors. This practice blurs the distinction between human rights and economic development. There are two stakeholder groups in rights-based development—the rights holders and the duty bearers. Rights-based approaches aim at strengthening the capacity of duty bearers and empower the rights holders.
Democracy promotion by the United States aims to encourage governmental and non-governmental actors to pursue political reforms that will lead ultimately to democratic governance.
Kosovar civil society has had many incarnations since the early 1990s. It is a product of the occupation of the Kosovo province by the Socialist Federal Republic of Yugoslavia through 1999, then expanded when the Republic of Kosovo was under UNMIK and KFOR control, and now how it has evolved since the unilateral declaration of independence on February 17, 2008. It consists of the former civil society organizations from before the 1999 conflict, the local NGOs that came about post conflict, and the international NGOs that have either dispersed money or opened local branches within Kosovo.
NGO Monitor is a right-wing organization based in Jerusalem that reports on international NGO activity from a pro-Israel perspective.
The Russian foreign agent law requires any person or organization receiving any form of support from outside Russia or deemed to be under foreign influence to register as a "foreign agent". Unlike the United States Foreign Agents Registration Act (FARA) which targets those specifically acting on behalf of and under control of foreign principals, the Russian law presumes foreign control from any foreign support, however minimal. While FARA applies mainly to professional lobbyists and political consultants working for foreign governments, the Russian legislation affects a broad range of civil society actors including NGOs, media organizations, journalists, and private individuals.
The Institute for Democratic Alternatives in South Africa (IDASA) later known as the Institute for Democracy in South Africa was a South African-based think-tank organisation that was formed in 1986 by Frederik van Zyl Slabbert and Alex Boraine. Its initial focus from 1987 was creating an environment for white South Africans to talk to the banned liberation movement in-exile, the African National Congress (ANC) prior to its unbanning in 1990 by the President F. W. de Klerk. After the South African election in 1994, its focus was on ensuing the establishment of democratic institutions in the country, political transparency and good governance. Caught up in a funding crisis after the Great Recession, it closed in 2013.
Amnesty International Ireland is the Irish branch of the international non-governmental organisation focused on human rights, Amnesty International.
The Association for Democracy Assistance and Human Rights (DEMAS) (Czech: Asociace pro podporu demokracie a lidských práv) is a Czech organization founded in 2008 which is an amalgamation of 11 NGOs and 5 observer status organizations. DEMAS, and the organizations within focus on supporting democracy and upholding human and civil rights within the Czech republic and internationally. They state their mission as being "Ready to serve the cause of democracy, human rights and civil society whenever and wherever the need arises." Funding for DEMAS initially came mostly from the Czech Republic government, and through programs meant to offer funding for NGOs, such as the National Endowment for Democracy (NED). NED funding is given out by the Czech Ministry of Foreign Affairs. DEMAS is also funded by the European Union, European Commission, private donors, and other governmental grants and funds.
In 2023 and 2024, a series of street demonstrations took place throughout Georgia largely in opposition to the proposed "Law on Transparency of Foreign Influence", which would require non-governmental organizations (NGOs) to register as foreign agents or "organizations carrying the interests of a foreign power" and disclose the sources of their income if the funds they receive from abroad amount to more than 20% of their total revenue.
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