How to strengthen civic space: three lessons from Ireland, Germany and South Africa

Last year, Bond commissioned a study of that explored how Ireland, Germany and South Africa regulate and engage with civil society, both year-round and ahead of elections.

While each nation has its own civic space challenges, there are lessons we can take from all three that could support an enabling environment for civil society in the UK and elsewhere. Here is what we found.

Ireland

The Republic of Ireland is one of the few countries in the world where civic space is ranked as open by CIVICUS.

However, issues remain. The government has been criticised for not consulting meaningfully with marginalised groups when developing policy. Civil society has felt increasingly stifled by government legislation, particularly when organisations are in receipt of state funding. This frequently forces advocacy groups to self-censor. The Electoral Reform Act, passed in 2022, was also contentious because of its potential impact on free expression and campaigning ahead of elections.

Despite this, relations between government and civil society are largely positive,. The government recently published a set of values and principles for collaboration with the community and voluntary sector and a step-by-step plan for implementation. This was co-produced by the government and civil society and represents the first tangible output from a five-year strategy to support civil society in Ireland.

Additionally, Irish charities have recently persuaded the government to amend existing charity law to include the promotion of human rights as a valid charitable purpose. This amendment was passed into law in July 2024. For the first time, human rights organisations are eligible to become charities under the new legislation.

Germany

Germany has one of the largest non-profit sectors in Europe. For many years, Germany has been considered one of the most politically open countries in the world. However, the government’s recent treatment of protesters has caused concern, as has the resurgence of right-wing politics. The CIVICUS Monitor currently ranks Germany’s civic space as narrowed.

As in many European states, charitable status is regulated through the national tax code rather than being governed by a separate law. Campaigning by civil society organisations ahead of elections is largely unregulated, as is the case in many other European countries. Charities are subject to the usual regulations that govern campaigning all year round and are not permitted to provide direct support to political parties or candidates.

The tax code identifies 26 charitable purposes, but this does not include the promotion of human rights. A recent court ruling caused consternation after the judge stipulated that a charitable organisation can only undertake political activity in pursuit of the 26 official charitable purposes. German civil society organisations have called on the Federal Government to clarify the term political activity and expand the list of public benefit purposes. The coalition government committed to doing so but has since collapsed and, after recent elections, a new coalition government has yet to be formed.

The ruling also emboldened those who have frequently tried to undermine civil society organisations working on human rights. Many civil society actors, fearful of being targeted by the far-right, often through social media bombardment, have either withdrawn from alliances or halted campaigns in the run up to and during elections.

Before collapsing earlier this year, the German government was considering mechanisms for strengthening civil society-government relations, such as an inter-departmental dialogue on sustainable agriculture which could serve as a blue-print for engagement on other issues.

South Africa

South Africa has robust democratic institutions and accountability mechanisms. These are borne out of a progressive constitution and supported by organs of state that, in theory, protect democratic freedoms and participation in election processes. However, many civil society organisations have spoken of a challenging, frequently violent political backdrop which is curtailing civic space and threatening advocacy. Political assassinations are not uncommon, as is violent policing against activists. The CIVICUS Monitor ranks civic space in South Africa as obstructed – the same category as the UK.

On the surface, non-profit law in South Africa is progressive and enabling. Every organ of the state is legally required to ensure its policies and activities support non-profits to carry out their work. The legal framework is largely flexible in terms of reporting requirements and compliance, and there are minimal requirements regulating the way in which civil society organisations should operate. The Non-profit Organisations Directorate within the Department of Social Development is tasked with creating an enabling environment for civil society and ensuring there is ongoing government-civil society engagement and dialogue.

South African law does not expressly prohibit lobbying by civil society, including during elections. Civil society organisations are not only free to voice political opinions during elections, the entire system is underpinned by civil society’s participation in elections. An independent electoral commission works in collaboration with civil society, faith-based organisations and business corporations, among others, to promote voter education, citizen monitoring and observation.

What have we learned?

Each of these countries is unique, with different histories and cultures that have shaped their political institutions and social relations in complex and specific ways. Yet, they also share commonalities. We identified three lessons from the countries which could foster a more enabling environment for UK civil society:

Clear, consistent and enabling regulation of non-profits is essential. Taking a proportionate, even-handed and flexible approach enables civil society organisations to get on with what they do best. A lack of clarity and over regulation can easily lead to self-censorship, even in countries where civic space is open.
Developing structures to support collaboration and engagement between government and civil society is vital for good relations. The UK is working on a covenant between civil society and government to agree principles upon which this relationship will be based. While principles are a start, our case studies show that having clear mechanisms for engagement, and even a government directorate tasked with ensuring ongoing dialogue, are better.
You do not need to regulate charities ahead of elections if you have clear guidance and rules on campaigning that charities can follow year-round. The participation of charities during elections should be seen as a positive, and a reflection of a healthy and open democracy.