Key points from the online Launch of BCSDN Regional Report on Civil Society Environment in the WBT 2023 & Recent Developments, 6 December
On December 6, BCSDN presented the 10th edition of its Monitoring Matrix Report, highlighting key findings on the 2023 civil society environment in the Western Balkans and Türkiye. The event, attended by over 50 participants, shed light on recent developments and critical challenges impacting civic space across the region.
BCSDN Executive Director Biljana Spasovska, opened the virtual event by presenting the Monitoring Matrix, BCSDN’s flagship tool for assessing the enabling environment for civil society. She emphasized the updated methodology, which addresses pressing challenges such as anti-money laundering laws, SLAPP lawsuits, the introduction of “foreign agents” laws, and issues in the digital civic space.
Anja Bosilkova Antovska, BCSDN’s Head of Policy and Advocacy, presented the Monitoring Matrix Regional Report 2023, highlighting challenges for civil society in the Western Balkans and Türkiye. She noted gaps in implementing basic freedoms, fragile financial sustainability, and weak state-CSO cooperation. Concerns included foreign agent narratives, restrictive AML/ CTF measures, and digital space violations targeting critical CSOs. Positively, she highlighted progress on anti-SLAPP initiatives in FBiH, journalist protections in North Macedonia, and risk-based AML/CFT approaches in Albania, stressing the need for reforms, transparency, and inclusive strategies to strengthen civic space.
A Look at the Civil Society Environment in 2024
Representatives from BCSDN member organizations, whose Monitoring Matrix country reports contributed to the regional report, shared an overview of civil society developments in the Western Balkans and Türkiye for 2024. Key highlights from their presentations included:
Albania
- Approved the roadmap for functioning democratic institutions, including measures for fast and transparent electronic register of NPOs by 2024, though the register remains non-functional, with limited transparency.
- Albania’s VAT reimbursement procedure for foreign grants and donations remains challenging for NPOs. Partners Albania initiated a debate with public institutions, leading to acknowledgment of the difficulties and ongoing efforts to amend the procedure, with expected developments in 2025.
- The roadmap for functioning democratic institutions includes measures to strengthen government-civil society relationships, such as consultations on the 2019-2023 roadmap and approval of the 2024-2027 roadmap. However, progress has been minimal, with limited consultations and no public reporting on measures enacted.
- A draft law on voluntarism reflects progress driven by civil society advocacy, though issues remain to be addressed during the public consultation process.
- The European Partnership Platform has established 90% of its consultation tables, marking positive engagement on EU integration, though feedback mechanisms require improvement.
BiH
- In Republika Srpska, concerns persist over a non-transparent legislative process for the law on media, ongoing pressures, cyberattacks on media outlets and CSOs, and threats to journalists. The law is expected to enter parliamentary procedure by early 2025.
- SLAPP lawsuits remain a challenge, with a positive dismissal in Hajrija Čobo’s case but ongoing cases, including Senka Grbić’s fight to protect the Krasnodolska River.
- Freedom of expression and assembly face setbacks, with events promoting dialogue in Prijedor and Istočno Sarajevo canceled, and 130 defamation charges filed under the contentious defamation law in its first year.
- Positively, the “foreign agents” law in RS law was withdrawn, and the anti-SLAPP draft law on citizen initiatives passed the FBiH’s House of Representatives, awaiting a vote in the House of Peoples. Public consultations on a strategy for civil society enabling environment are also underway.
- There are ongoing discussions about establishing unions and employers’ associations in the civil sector to enhance labor rights. Parallel consultations on labor law changes were organized after institutions excluded CSOs from the official process.
- Efforts are also underway to develop unified and transparent criteria for public funding allocation across ministries in the FBiH, addressing inconsistencies and lack of access to information.
- CSOs were not formally invited to participate in the IPA programming process. CPCD involved other organizations by sharing available documents, despite short deadlines and complex materials.
Kosovo
- The draft AML law in Kosovo has removed CSOs as reporting entities, but it awaits Assembly approval to be fully enacted.
- The Beneficial Owners Registry law, despite CSO input, defines founders, board members, and executive directors as beneficial owners, creating challenges in implementation and banking access.
- The volunteering policy concept document is anticipated soon but is still a work in progress.
- AML provisions on cash donations remain restrictive, complicating in-person crowdfunding, while sectoral risk assessments initiated in 2019 are still incomplete.
- Civil society inclusion in policymaking has sharply declined due to the government’s accelerated legislative processes, with CSOs excluded from working groups and consultations. The online consultation platform has been non-functional, creating barriers to CSO input on draft legislation.
- A new strategy for government-civil society cooperation is under development, though implementation of the previous strategy (2018–2023) showed limited progress.
Montenegro
- Montenegro’s new law on NGOs remains delayed, with transparency issues and election-related distractions stalling progress.
- Montenegro faced the risk of being gray-listed for inadequate AML/CFT measures, prompting the country to intensify its efforts. This led to two key steps forward: recognizing that NPOs are not high-risk entities and clarifying that beneficial ownership is linked to the executive director or equivalent positions within organizations.
- Less than 0.5% of the state budget was initially allocated to NGOs, with additional funds released only after public pressure, reflecting transparency and accountability issues.
- Service provision is underfunded, relying on short-term projects with no long-term program or institutional grant support.
- The youth strategy introduced a volunteer registry and school-based initiatives, marking rare positive steps amid broader challenges.
- The 2022 NGO strategy is under-implemented, and efforts to activate the Council for state-NGO cooperation have repeatedly failed.
- Public participation in policymaking has declined due to rushed legislative changes and poorly managed consultations during the EU interim benchmark process.
North Macedonia
- Funding for civil society remains limited, with only 5.5 million EUR allocated in 2024, far below the 30 million EUR target.
- Efforts to amend the financial and legal framework for civil society were delayed.
- The Council for Cooperation among the government and CSOs remained inactive following a boycott.
Serbia
- Laws on freedom of expression are adequate on paper, but implementation remains poor, with systemic issues persisting.
- Increased detentions of activists, misuse of laws, and smear campaigns led by state officials.
- Public funds continued to benefit phantom organizations, with no investigations despite evidence presented to prosecutors.
- The Council for Creating an Enabling Environment for Civil Society remained ineffective due to delays and lack of progress.
Türkiye
- CSOs are increasingly targeted through surveillance, digital content removals, and blocked websites, further restricting their operational space.
- Civil society continues to face challenges with the Disinformation Law, frequently used to silence critical voices and limit freedom of expression
- Dialogue between CSOs and government bodies briefly improved during the effort to exit the FATF gray list, it ceased once the objective was achieved, leaving CSOs sidelined.
- The Constitutional Court annulled a regulation allowing the government to block unauthorized online aid campaigns, but new restrictive laws are being drafted, with input from CSOs yet to be acknowledged.
- A proposed “agent of influence” law could criminalize legitimate civil society, academic, and journalistic activities under vague terms like “state security” and “strategic interests,” sparking significant alarm among CSOs.
Curious about the civil society environment in 2023? Read the full report HERE.