Defending Civic Space: Successful Resistance Against NGO Laws in Kenya and Kyrgyzstan

Abstract

Since the turn of the century, an increasing number of governments around the world has introduced or tightened restrictions on civil society organizations (CSOs). Attempts by local CSOs and external actors to counter this trend of shrinking civic spaces have been mostly unsuccessful. In a few notable cases, however, civic space restrictions have been reversed or even prevented from being adopted in the first place. Focusing on resistance to so‐called NGO laws, this paper explores the strategies, causal mechanisms and scope conditions that help explain the successful defense of civic space. In a first step, the paper develops a theoretical framework by drawing on research on the diffusion and promotion of international norms, civic resistance and social movements. Second, it looks at two cases – Kenya (2013) and Kyrgyzstan (2013–2016) – in which governmental attempts to impose legal restrictions on foreign‐funded NGOs were effectively aborted. The analysis finds that successful resistance in both cases was based on domestic campaigns organized by broad alliances of local CSOs, which were able to draw on preexisting mobilizing structures and put forward a socioeconomic narrative to lobby against civic space restrictions. In Kyrgyzstan, but not in Kenya, external actors also played a significant role.

Harmful Side Effects: How Government Restrictions against Transnational Civil Society Affect Global Health

“…(quoted in Berger-Kern et al 2021, 91). Despite such warnings, attempts to introduce restrictive laws have been successfully frustrated in only very few countries (Berger-Kern et al 2021). This article aimed to enhance our understanding of the link between restrictive legislation and health outcomes in two ways.…”

Exploring service‐providing non‐governmental organization perceptions of shifting civic space in Ghana: Impacts of government and international actors

“…We recognize the limitations of focusing on national-level NGOs; however, methodologically, it allowed us to focus on NGOs that work in multiple regions of Ghana and that are most likely to be engaged with the central government. Second, most studies examining NGO strategies in civic spaces focus on advocacy, politics and/or elections (see Berger-Kern et al, 2021;Kumi, 2022;Rakner, 2021); whereas, our sample focuses on service-providing NGOs grappling with shifting international and domestic challenges. In addition, the evidence offers support for the existing literature on shifting space -that space can be restricted in certain areas, but not others as addressed in Toepler et al (2020).…”

COVID-19 and Civil Society in Southeast Asia: Beyond Shrinking Civic Space

“…This view is in line with existing studies suggesting that structural constraints are not necessarily always effective in quelling civil society activism. The nascent literature on civil society pushback against “NGO laws” that limit CSOs’ access to foreign funding and label them as foreign agents shows that civil society can sometimes avert legal onslaughts (Berger-Kern et al, 2021 ). Similarly, the autocratic use of laws to persecute civil society can backfire by fueling protests (Sombatpoonsiri, 2021 ).…”

“…When states fail to fulfill these requirements, needs-induced space for civil society emerges. Governments, including autocratic ones, make “cost–benefit calculations” (Berger-Kern et al, 2021 , 85) and may hence allow CSOs to bridge gaps in fields such as health, food, and education to prevent aggrieved citizens from engaging in disruptive actions that destabilize their rule (Liverani, 2008 ; Lorch, 2006 ). If regimes rely heavily on CSO services, this sometimes allows civil society to expand its scope for political action (Liverani, 2008 ; Lorch, 2006 ).…”

“…Once involved in social work, such CSOs may promote “rights-based approaches” and strengthen the “advocacy dimension” of service provision (Clayton et al, 2000 , 21), thereby politicizing formerly apolitical spaces in social service delivery. Third, COVID-19 reorients CSOs’ agendas around socioeconomic narratives, potentially allowing them to “lobby against civic space restrictions” (Berger-Kern et al, 2021 , 84) by framing government failures to tackle COVID-19 as the result of longer-standing structures of political and socioeconomic inequality and exclusion. Thus, our third proposition is that, The cross-fertilization of service delivery and advocacy activism works to sustain civic space.…”