NGO Laws in Azerbaijan, Kyrgyzstan and beyond: apparent victory in the first round

There is an ominous pattern of attempts in certain natural-resource rich countries in the former Soviet Union to adopt restrictions on the NGO laws that regulate civil society. In Azerbaijan we have just witnessed an amazing effort to undercut the operating environment for NGOs by the Parliament; this has now been beaten back by a remarkable action by a civil society coalition in Azerbaijan supported internationally by governments, legal experts and activists. In Azerbaijan the proposed amendments would have had a direct impact on the ability of civil society to play its essential role along with government and companies in the multi-stakeholder process at the heart of the Extractive Industries Transparency Initiative. Among those directly and adversely affected would be the NGO Coalition for Transparency in the Extractive Industry and the National Budget Group, but of course the impact would reach far wider. Moreover this would have had a negative impact on Azerbaijani democracy more broadly. A functioning democracy requires a strong civil society with independent, sustainable non-governmental organizations. NGOs are essential to the development and realization of democracy and human rights as they promote public awareness; facilitate participation in public life and help secure transparency and accountability of public authorities.

Now, apparently, most of the harmful provisions have not been adopted according to international reports from EurasiaNet and from Baku.. We should watch this space for further detailed analysis from authoritative groups like the International Center for Not-for-Profit Law. Kyrgyzstan meanwhile has another draft law in its parliament awaiting action at some point in the future. There, too, vigilant attention has had a seemingly positive result for now, with a working group created with the President's secretariat to manage NGO relations and issues.

While an immediate crisis seems to have been averted the situation calls for vigilance and also reflection about what the basic requirements of civil society are to ensure that they play their critical role in the EITI and also in ensuring transparency and accountability.