After a turbulent year resulting in snap elections, Slovakia elected a new government, sworn into power in October 2023. The actions and statements of the new government have already triggered critical reactions by civil society, media and international community, including the European Union. Some are concerned that the country will be leaning away from EU foreign policy, and others about endangering the Union's rule of law standards. When institutions, democracy and rule of law are in danger, the ability of civil society to safeguard them becomes even more important. However, the space for civil society is also increasingly under threat.
What are some of the main threats to Slovak civic space?
- Stigmatisation and alienation from the public. Over the past 2 months, governmental officials and especially the Prime Minister have been attacking CSOs in the media. When the government was sworn in, the Prime Minister declared this was an “end to the era of reign of political NGOs”. Another politician claimed that CSOs have embezzled public funds, and the Governmental Programme Declaration states foreign-funded CSOs are attempting to influence the democratic competition. Since several governmental officials are now closely communicating with alternative media, disinformation about CSOs is contributing to the tension.
- Loss of public funding. Although the ability to seek and secure resources is core to freedom of association, Slovak CSOs’ access to funding is endangered. Governmental officials have indicated that they are willing to support NGOs with ‘noble causes’ - those who work with children, people with disabilities and similar vulnerable groups. They claim other CSOs that are influencing public life in Slovakia have ‘generous donors abroad’. There are concerns that such CSOs will face challenges to access state funding. Environmental protection CSOs could be under particular threat, as the Minister of Environment announced he will be ‘cleaning up’ projects currently supported by the Ministry and refused to sign co-funding for CSO projects supported through EU funds. In its Programme Declaration, the government additionally proposes creating a specialized state agency for distributing grants ‘to those CSOs that actually care about improving life in the country’.
- Loss of other sources of funding. The Prime Minister stated that he wanted to introduce a law creating a 'foreign agent’ label that organisations which receive foreign funding would have to use in public. Due to the stigmatisation related to foreign funding, some CSOs may refrain from applying for grants from abroad. Additionally, as a result of heightened political tensions, corporate donors may decide to pull funding from CSOs vocal in the democratic debate. CSOs also fear that if legislation restricting their funding in the name of transparency would be introduced, donations from individuals would also drop.
- Chronic stress and overload. The fast-changing political landscape with large amounts of personnel and legal changes adopted through fast-track procedures is putting additional workload on CSO employees, who have already struggled in an understaffed and underfunded sector. Combined with threats and attacks, this situation is a heavy burden on their mental health. Therefore, their ability to sustain the sector in the long-term and carry out the democratic functions of civil society is endangered.
How has civil society responded?
Success in defending the percentage designation mechanism: Slovak CSOs have already managed to challenge the first threat on their access to funding. In early November, the Labour Minister announced the Ministry's plans to adjust the 2% tax percentage designation mechanism. In its new form, taxpayers would be able to designate their 2% either to CSOs, or to their own parents as a pension bonus. As a response, CSOs working on various causes mobilised in a large-scale petition campaign to preserve the mechanism in its original form. As part of the campaign, they communicated the added value of civil society to the public, the number of organisations working on a variety of causes that benefit from the mechanism and emphasised that regular people would lose essential services if the mechanism would change. The petition was signed by more than 30,000 people. In the end, the Minister assured CSOs that the mechanism will not be adjusted.
Open letter to the European Commission regarding rule of law concerns: CSOs are also concerned about the numerous legislative changes related to rule of law, which the government has enacted in the past weeks. They include changes to the protection of whistleblowers and the dismantling of the Special Prosecutor's Office. According to CSOs, these changes are endangering Slovak democratic institutions and are especially concerning because they happened through fast-track procedures, without sufficient public consultation. Several CSOs have therefore sent an open letter to the European Commission to alert it to these developments. The letter has since been signed by more than 37,000 citizens. The rule of law situation in the country is now on the agenda of the European Parliament, and the European Commission has advised the government not to proceed with the proposed amendments.
Broader trend of closing civic space
The developments in Slovakia are part of a broader trend. According to CIVICUS, almost a third of the global population lives in a closed civic space, with many others in repressed or obstructed spaces. The trend of stigmatising civil society through the ‘foreign agent’ narrative has been growing in Europe, as well. While the European Court of Justice ruled against the Hungarian transparency law, the Georgian government was forced to retract the law after mass protests. In Bosnia and Herzegovina, CSOs are targeted through a foreign agent law proposed in Republika Srpska. The situation in Slovakia is therefore not unique. There are lessons Slovak CSOs can take from other contexts, and how Slovak CSOs respond to the situation can also serve to inspire others. It is important to act to protect civil society before the situation deteriorates.
What other strategies can civil society consider?
- Use the EU law and existing avenues to protect civic space and uphold the rule of law. CSOs can use the opportunity to input to the 2024 EU Rule of Law cycle. The Rule of Law Mechanism is an annual consultation/dialogue between the Commission, the Council, the European Parliament and EU Member States with national parliaments, civil society and other stakeholders to review the situation of the rule of the law in each country in order to identify early challenges and prevent them from getting worse. During its annual review, the European Commission also engages in country visits and organises roundtables with a variety of stakeholders, including CSOs. The dialogue culminates every year in the publication of a Rule of Law Report with country-specific recommendations to each Member State. The Commission launched a targeted stakeholder consultation that is open until January 15, 2024. In the Second Edition of the Handbook on How to Use EU Law to Protect Civic Space, by ECNL and Philea, you can find guidance on how CSOs can use EU law and participatory tools to protect civic space and uphold the rule of law. In ECNL’s briefer, you can learn more about the EU's Rule of Law Mechanism and why it is important to join its 2024 cycle.
- Contest attempts to limit or stigmatise foreign funding. Laws and policies restricting foreign funding have been challenged in many countries one can learn from. The European Court of Justice (ECJ) has officially sentenced that Hungary’s law on the transparency of organisations supported from abroad is in breach of EU law, as highlighted in ECNL’s analysis. You may also read arguments and analysis on the first and the second foreign agent law in Georgia, and a briefer on the strategies CSOs used to respond to the laws. ECNL’s paper and briefer provide an overview of international standards that safeguard cross-border giving to CSOs.
- Raise awareness of international bodies. Civil society may raise awareness of the relevant UN Special Procedures, including the UN Special Rapporteur on freedom of peaceful assembly and of association, the UN Special Rapporteur on the situation of human rights defenders, the UN Special Rapporteur on counter-terrorism and human rights, the UN Special Rapporteur on environmental defenders or others about the restrictions that they face in the country. The UN Special Rapporteur on freedom of peaceful assembly and of association just launched a call for inputs to inform his thematic report to the 56th session of the Human Rights Council which is open until January 31, 2023.
ECNL will remain available to provide support to civil society in Slovakia as they respond to measures that threaten their civic space and the fundamental rights of freedom of association, expression and participation in decision-making.
This blog was co-funded by the European Union. Views and opinions expressed are however those of the author(s) only and do not necessarily reflect those of the European Union or the European Education and Culture Executive Agency (EACEA). Neither the European Union nor the granting authority can be held responsible for them.
