European Commission stakeholders' consultation

on the rule of law in the European Union

SUBMISSION BY CIVICUS, 24 JANUARY 2022

ABOUT US: CIVICUS is a global alliance for civil society organisations and activists
dedicated to strengthening citizen action and civil society throughout the world. The
CIVICUS Monitor is an online platform which tracks and rates civic space in 197 countries
and territories.

CONTACT DETAILS: [email protected]/[email protected]

OVERVIEW OF THE EU REGION

Civic freedoms are in decline globally, including amongst EU member states. Based on the
CIVICUS Monitor’s constant analysis of multiple streams of data on civic freedoms, each
country is assigned a rating as follows: open, narrowed, obstructed, repressed and closed. Of
the 27 EU member states, the CIVICUS Monitor rates 13 as open, 12 as narrowed and 2 as
obstructed. In our 2021 annual report People Power under Attack, the ratings of three EU
member states - Belgium, Czech Republic and Poland - were downgraded. This is of great
concern and reiterates that civic freedoms are in decline amongst member states. In addition,
our research findings indicate that the right to peaceful assembly and freedom of expression
are especially targeted, with the detention of protesters documented as the top civic space
violation amongst member states, followed by intimidation and harassment of journalists,
human rights defenders (HRDs) and civil society. Physical attacks on journalists and the use
of restrictive laws to restrict fundamental rights and are also documented as being amongst
the top violations.

SLOVENIA

Introduction
Civic space in Slovenia is currently rated as “narrowed” by the CIVICUS Monitor. In June 2021,
Slovenia was placed on the CIVICUS Monitor Watchlist, a roundup of countries where there
has been a recent and rapid deterioration in civic freedoms. Since March 2020, thousands of
cycling protesters have met in major Slovenian cities every Friday to condemn the
government’s use of the COVID-19 pandemic to restrict fundamental freedoms and have
called for Prime Minister Janez Janša’s resignation. The government has responded by
blaming protests for the spread of COVID-19 and intimidating protesters, with the state
attorney filing its first lawsuit against protest organisers in December 2021. Additionally, the
government has repeatedly threatened civil society organisations (CSOs), while journalists
and media outlets have faced continuous attacks from the Prime Minister and the ruling
Slovenian Democratic (SDS) party.

Transparency of media ownership and government interference

Slovenian Press Agency (STA) funding cuts

The European Commission’s 2021 Rule of Law report on Slovenia noted cases of political
interference within the media sector. This trend has continued and of particular concern is the
funding crisis experienced by the Slovenian Press Agency (STA), which media watchdogs
believe is an attempt to exert political and economic pressure on the agency. The STA went
without funding for over 300 days and was on the verge of financial collapse. As a result it was
largely dependent on crowdfunding to stay afloat. In August 2021 an administrative court
recognised and acknowledged that the government's funding blockage would cause
significant damage to STA and that the Government Communication Office (UKOM) failed to
meaningfully address the issue given that UKOM’s contract with the STA remained unsigned.
The contract made proposals that would have significantly interfered with the STA’s work by
adjusting monthly financing in accordance with whether UKOM deems STA’s content to be of
“public service” or not, rather than financing STA with 12 equal payments, thus introducing
tighter financial and accounting controls, including on STA executive bodies.

Although an agreement was reached between the government and the agency in November
2021, granting STA access to state funding, there are several outstanding issues in the
contract that need to be resolved and a new business plan and agreement for 2022 needs to
be approved. Additionally, the funding block has taken a huge toll on the agency, with several
journalists resigning and the quality of work being compromised, while concerns over editorial
independence remain. These developments come as the government, including the Prime
Minister Janez Janša, has continuously publically vilified the STA and its staff.

Additionally, there have been concerns about funding cuts to several other independent
publications. On 15 May 2021, the Culture Ministry failed to approve the grant application of
several radio stations and national newspapers for the annual state financial support scheme.
Among those left out are media considered to be critical of the government: the largest dailies
in Slovenia, Delo, Dnevnik, Večer; the weekly Mladina and five radio stations. The daily
publications reported that their applications had been rejected due to “biased” media coverage
and failure to adequately focus on local issues. The 2,6-million-euro funding is part of an
annual open call by the Ministry of Culture, which uses different criteria to assess how much
funding media should receive. One of the criteria ranks media outlets on a scale of one to ten
for what the Ministry deems politically balanced news coverage. Delo received two points,
while Dnevnik received zero. The decision was made by a new five-member commission, of
which four members were reported to be linked to the ruling SDS party. Media watchdogs
believe that this is yet another attempt to drain resources away from mainstream and critical
media.

Threats to independence of RTV Slovenia

In a further concern to media independence in Slovenia, on 20 August 2021, Director of

Programmes at RTV Slovenija, Natalija Gorščak, was dismissed by newly-appointed Director
General Andrej Grah Whatmough. A council meeting convened during the holiday period in
August 2021 failed to reach a quorum or reach a decision within 15 days, and as a result
Director General Whatmough unilaterally took the decision to dismiss Gorščak. Whatmough
has alleged that the motivation for dismissal was due to Gorščak not taking action to address
low viewership of television programmes, violating the rules on jurisdiction over the
broadcaster and failing to exercise due diligence in checking the conditions of business
cooperation with RTV Slovenia. However, Gorščak states that the allegations were fabricated,
adding that the real reason for her dismissal was due to her refusal to support the director's
proposed demands regarding staffing and programming changes.

The Association of Slovenian Journalists stated that the allegations against Gorščak were
unfounded and had the sole purpose of "replacing the director as quickly as possible because
she protected journalistic autonomy by refusing to back their proposal for the dismissal of
Manica Ambrožič Janežič (editor-in-chief of the news programme of the Televizija Slovenija
(TVS)". In October 2021, Manica Ambrožič and three other TV Slovenia editors: Dejan Ladika,
Meta Dragolič and Mitja Prek, stepped down in protest over proposed modifications to news
programming. Under the draft Programme-Production Plan (PPN) for 2022, news talk shows
will be cancelled, daily news programmes such as Dnevnik and Slovenska kronika would be
shortened, while others, including election programming, would be shifted to the broadcaster’s
second channel, which has far lower viewership. Despite concerns being raised in a letter to
the newly appointed DG, Whatmough stated that the changes in programming are necessary
due to the current financial situation, the departure of employees and low ratings of news
shows. On 29 November 2021, RTV’s programme council approved the proposal despite
widespread criticism from media watchdogs.

These developments form part of a series of repeated attacks against RTV Slovenija by the
ruling party which is alleged to be using its influence and appointments at the broadcaster to
try and oust editors and journalists that it dislikes due to their critical reporting on the
government.

Framework for journalists' protection

As noted by the European Commission’s 2021 Rule of Law report on Slovenia, “online
harassment and lawsuits targeting journalists continue to increase”. This trend has continued
as the government publicly vilifies and attacks journalists on social media. On 9 March 2021
the director of the Government Communication Office (UKOM), the official Twitter account of
the Slovenian government and the PM attacked STA by accusing its director, Bojan
Veselinovič, of lying. The PM tweeted on his personal account: “Since @STA_novice led by
director Veselinović, they fire sick journalists and often sell lies for the truth. It is time for the
director, as a political tool of the far left, to step down and be held accountable for his illegal
actions. And enable STA normal work and development.” In addition, the official Twitter
account of the Slovenian government website amplified the attack on Veselinović by posting
an image with the caption ‘#StopDisinformation’. The government has called for a police
investigation into the STA director.

On 2 April 2021, the PM accused the daily news show 24ur and its editor-in-chief of
“persistently lying” about the COVID-19 pandemic and contributing to the death toll in the
country through its reporting, via twitter. The tweet was in response to the show's coverage of
the government’s COVID-19 regulations.

Threats against journalist Eugenija Carl, a reporter at public broadcaster RTV Slovenia, have
continued, thus demonstrating the culture of impunity which exists for harassment against
journalists. In June 2020 Carl received a threatening letter containing white powder, which
gave her an allergic reaction. The letter made death threats against her and referenced a
defamation case she had filed against PM Janša in relation to a 2016 tweet, where he referred
to her and her colleague as “retired prostitutes''. Similarly, in September 2021, Carl once again
received a letter containing threats and insults, with an irritating white powder. This is the fifth
threatening note that Carl has received since 2020.

Violence against journalists

Journalists have faced harassment and physical attacks during protests against COVID-19
measures. During September 2021, the headquarters of RTV Slovenija (RTVS) were stormed
by anti-COVID-19 vaccination protesters, who disrupted and harassed newsroom staff. The
group had been gathering outside the RTVS headquarters in Ljubljana for four months,
protesting against the outlet’s coverage of the pandemic and vaccination programme, insulting
journalists and demanding airtime for their views. On 15 September 2021, photojournalist
Tone Stojko was tear gassed in the face by a police officer while covering clashes during a
protest against the COVID-19 pass mandate. He stated that the police officer “intentionally”
fired tear gas at him, despite identifying himself as a journalist. Additionally, on 29 September
2021, a POP TV camera operator was punched in the head by an anti-vaccine pass protester.
In addition, the crew faced insults, with protesters calling them “murderers” and “traitors”.

Lawsuits against journalists

Several lawsuits against journalists have been documented. On 7 May 2021, the Slovenian
Government Office for Development and Cohesion Policy instituted criminal proceedings
against the weekly political magazine Mladina under Article 260 of the Criminal Code for
issuing classified information, following its publication of a leaked government post-COVID-19
recovery plan. The charges came after police asked the magazine to reveal the source of the
classified documents. The magazine denounced the charges as an “act of intimidation” and
as an attempt to force the outlet to reveal its source. The publication said it decided to publish
the information as it was in the public interest and argued that while other EU countries had
published their draft plans, the Slovenian government was keeping theirs secret.

During September 2021, Slovenian MP Zmago Jelinčič Plemeniti filed a lawsuit against the
editor-in-chief of the RTV Slovenia news programme, Manica J. Ambrožič, because the
Slovenian National Party (SNS) was not invited to the talk show ‘Conversation with the
Opposition’ which was hosted during June 2021. Ambrožič, who stepped down a month later,
has faced harassment from the government and its allies.

In November 2021, three journalists running the Slovenian investigative news platform
Necenzurirano were reported to the National Investigation Office (NPU) and the Financial
Administration of the Republic of Slovenia (FURS) for committing several criminal offences
and tax irregularities, alleging that the outlet had received illegal financing. The journalists
believe the report to be an attempt to put pressure on them after they reported on tax advisor
Rok Snežič, who is under international investigation on suspicion of money laundering. Snežič,
who filed the complaint against the journalists, is a close friend of the Prime Minister. In 2020
he launched an unprecedented 39 different SLAPP lawsuits against the trio of journalists.

The enabling framework for civil society

The government has continued to attack and delegitimise the work of civil society. One of the
ways in which the government seeks to do this is by targeting funding dedicated to CSOs. In
July 2021, the Minister responsible for cohesion, Zvone Černač, introduced discriminatory
criteria to exclude the participation of NGOs in the calls for Norway and European Economic
Area (EEA) grants. The criteria were discriminatory as no additional criteria were included for
other entities applying for the grants. Significantly, it risked blocking access to 34 million Euros
in grants. However after civil society raised concerns, the Minister responsible for cohesion
later announced that the additional criteria had been removed. The attempt to block access to
funds for NGOs is a major encroachment on access to funding and an enabling environment
for civil society.
Additionally, the government continues to target NGOs working on environmental rights. Lutra,
the Institute for Conservation of Natural Heritage, one of the leading environmental NGOs
fighting against Environment Minister Vizjak’s attempts to build the Mokrice hydropower plant
on Slovenia’s biggest river which will impact on natural habitats and ecosystems, has been
targeted by the government. However, its ongoing debate with the environment minister has
impacted on its ability to carry out other projects. For example, in 2020, Lutra signed a contract
for the LIFE+ European funding, for which they are obliged to seek partner funding and
approval from the Ministry of Environment. Despite its application to the ministry’s call for
partner funding, Minister Vizjak continues to stall completion of his obligation to sign the
partnership contract. This is yet another obstruction to an enabling environment and freedom
of association in Slovenia.

In response to controversial amendments to the Water Act, which took place without sufficient
public consultation, environmental and feminist civil society groups formed a coalition called
the Movement for Drinkable Water and mobilised across the country to collect thousands of
signatures demanding a referendum on the reforms to the Water Act. The group successfully
triggered a nationwide referendum in July 2021, which found that 86 percent of people are
against the changes to The Water Act. Despite this, the environment minister said that the
referendum was “stolen” and “misused to achieve other goals”.

NGOs working in culture have also faced significant challenges from the government. On 8
December 2021, the Slovenian parliament approved the state budget for 2022, with
projections for 2023 and 2024. However, the budget hampers funding available to NGOs
working on culture and environmental rights, which civil society believe is a continuation of the
government's attempts towards “destabilising the sector”. The biggest cut was made to the
item of promoting cultural creativity, which was decreased from 6,4 million to 3,6 million Euros,
while no funds were allocated for environmental projects for 2022 or 2023. In addition, the
climate fund for which environmental CSOs are eligible has been reduced by 70 percent.

Additionally, a new de-bureaucratisation law submitted to the National Assembly in September

2021, without an open and transparent consultation process, further threatens funding for
cultural CSOs. The purpose of the bill is to “improve the competitive business environment”
and “simplify the lives of citizens” by “removing administrative barriers” - and their related
costs. However civil society states that the current bill on de-bureaucratisation will result in
“increasing political interference” as it leaves the final decision on project funding to the
Minister of Culture.

As noted in our previous submission, on 19 October 2020, the NGOs operating at No. 6
Metelkova Street in Ljubljana received a proposal for an amicable termination of their lease
from the building manager of the Ministry of Culture and an order to vacate the building by 31
January 2021. If they fail to do so, the ministry has threatened to take the case to court and to
enforce the eviction at the expense of the NGOs concerned.

In their response, the 20 internationally renowned NGOs occupying the building – such as the
Peace Institute and the Legal Information Centre - strongly protested the actions of the Ministry
of Culture, informing it that they have no intention of leaving the premises, adding that this is
yet another attempt to silence the culture sector. Whilst the NGOs have managed to litigate to
preserve their rights via a complaint to a court, in the last year the government has continued
to undermine CSOs through restrictions on their offices and public funds to NGOs in other
bills. A final decision regarding the eviction is expected for some of the organisations in the
coming months. However, the dispute has resulted in significant legal costs to NGOs.

POLAND

Introduction
Poland has been a ‘country of concern’ for the CIVICUS Monitor since 2020, and in February
2021 it was added to the CIVICUS Monitor ‘Watchlist’, a roundup of countries where there has
been a recent and rapid deterioration in civic freedoms. Poland’s persistent failure to address
these violations on civic freedoms prompted a ratings downgrade from ‘narrowed’ to
‘obstructed’ in December 2021. This rating means that civic space is heavily contested by
power holders, who impose a combination of legal and practical constraints on the full
enjoyment of fundamental rights. Citizens can organise and assemble peacefully but they are
vulnerable to frequent use of excessive force by law enforcement agencies, including rubber
bullets, tear gas and baton charges. While there may be some space for non-state media and
editorial independence, journalists face the risk of physical attack and criminal defamation
charges, which encourage self-censorship.

Media Pluralism

There have been further developments which aim to diminish media pluralism. In December
2021, the Sejm passed a highly controversial amendment to the Broadcasting Act, which limits
media ownership of organisations from outside the European Economic Area (EEA) to no
more than a 49% stake in any Polish media firm. The amendment was dubbed ‘Lex TVN’
because the only broadcaster directly affected by the amendment is private broadcaster TVN
from the Discovery: American media group, which is extremely critical of the government. The
law would have resulted in Discovery selling its 51% stake, thus opening the door for
government-allied entities to potentially acquire stakes and ultimately allow for pro-
government influence. Following press freedom groups calling for the Polish President to veto
the Lex TVN bill, on 27 December 2021 the President vetoed the amendments, stating that it
would lead to diplomatic tensions with the United States and violate a treaty signed with the
US on economic and trade relations.

The TVN group has faced other challenges. On 23 September 2021, the licence of the TVN
channel was extended by the Polish National Broadcasting Council (KKRiT) after close to two
years of delays. However, before extending the licence the regulator adopted a resolution in
line with the amendments proposed in Lex TVN and also asked the Polish parliament to
provide more legal clarity over whether TVN24 had the right to continue operating.

Framework for journalists' protection

State of emergency: Freedom of press under threat

On 2 September 2021, Poland implemented a “state of emergency” at its borders with Belarus,
limiting journalists and human rights defenders from accessing the area. It is important to
highlight, as per international guidelines, that journalism plays a crucial role during a state of
emergency as the right to information during a state of emergency requires that media freedom
is protected. Despite this, there have been several incidents documented against journalists
who have been attempting to cover the refugee border crisis. On 14th September 2021, 30
newsrooms in Poland issued a joint appeal to the government to allow journalists to work freely
in the border zone. Cases documented include:

● On 3 September 2021, Onet journalist Bartłomiej Bublewicz and his camera operator
were informed that police had filed two criminal charges against them for reporting
from an area near Poland’s border with Belarus. The reporter was asked to appear at
the police station where he was interrogated for half an hour, during which police
seized the memory cards from his cameras. Police also attempted to seize the
journalist’s phone, which he objected to. The pair were told that they were charged
with staying in a prohibited area and for illegally filming border infrastructure.
● On 27 September 2021, Agnieszka Kaszuba, a journalist from daily newspaper Fakt
was briefly detained by police as she and her team were reporting on developments at
the Polish-Belarusian border. Police held the journalists for an hour and searched their
car.
● On 28 September 2021, three journalists were arrested by police near the Polish-
Belarusian border, detained overnight and then found guilty of violating rules under the
state of emergency imposed by the Polish government. Journalist at French-German
ARTE TV, Ulrike Dässler, her camera operator and Maja Czarnecka, a Warsaw-based
journalist for Agence France-Presse (AFP), were arrested. While in detention, their
journalistic equipment and work devices were confiscated and their car was towed
away. On 5 October 2021, a lawyer for ARTE filed a complaint against the police
alleging that the overnight detention of journalists was disproportionate.
● On 14 November 2021, a reporting team from the Balkan Investigative Reporting
Network (BIRN) was pulled over and briefly detained by police and border guards while
reporting near the Polish-Belarusian border zone. Despite the team being outside the
state of emergency area which restricts entry to the border zone for media, authorities
falsely claimed that the emergency zone had been extended to where the journalists
were at that time. They also intimidated the journalists into providing their International
Mobile Equipment Identity numbers (IMEI), a unique identifier of mobile phones which
allows it to be tracked.
● On 15 November 2021, two journalists working for RT France were detained by police
at the Polish border with Belarus for violating the state of emergency. The pair were
swiftly tried on criminal charges in a court in the city of Sokolka and received a fine.
● On 16th November 2021, three photojournalists documenting the situation near the
emergency zone in the village of Wiejka were attacked by individuals dressed in the
uniforms of the Polish Army, who refused to identify themselves. The three introduced
themselves as journalists to the guards before proceeding to take photographs from
outside the gate. During their drive back to the city of Michałów, they were stopped,
aggressively pulled out of the car, and detained in handcuffs. The photojournalists
were released after the arrival of the police, who did not attempt to identify the
attackers. However, their car and the content of their cameras were searched and
examined. Moreover, the journalists had bruised wrists due to the intervention, and
voice recordings later revealed that the guards used intimidating and racist language
against the journalists. When asked about the incident, the Polish Ministry of Defence
 deemed the police response as legitimate and stated that the units had intervened
because the journalists had failed to confirm their role as press workers and attempted
to escape from the restricted zone. At a later moment, the Polish Ministry of Defence
praised the intervention of the soldiers, awarding them for ensuring security and acting
against the three photojournalists.

Incidents against journalists

Independent journalists continue to be intimidated and harassed by state and non-state actors
through various methods. During July 2021, Jacek Harłukowicz – a Wrocław-based reporter
of Gazeta Wyborcza – revealed he was being surveilled and smeared by unidentified persons
following his investigation into the so-called “Wrocław scheme”, which looked into a supposed
group of businessmen and politicians loosely associated with the public relations and lobbying
agency R4S (co-owned by a former spokesman of PiS). On 14 July 2021, an anonymous open
letter to the journalist was published on Wordpress, accusing him of sexual harassment,
alcoholism, mobbing and being a member of the “scheme” himself. The letter also stated that
Harłukowicz was being followed and recorded. Pictures of the journalist’s home were also
posted from an anonymous account and a recording of the journalist on a phone call with his
source was posted on YouTube but later deleted. A case was reported to the prosecutor's
office.

On 2 October 2021, four police officers searched the apartment of Piotr Bakselerowicz, a
reporter for the liberal Gazeta Wyborcza newspaper. The officers seized the reporter’s
personal and work phones, internet router and laptop. Warsaw police said that the reason for
the search was that legislators had received threats from the IP address linked to the address
of Bakselerowicz. However, the journalist claims that he has never sent threats to anyone.
Roman Imielski, the paper’s deputy editor, said the police incursion took place without a
warrant and “strikes against the fundamental right to journalistic secrecy in a democracy.”

Additionally, journalists face judicial harassment. On 29 October 2021, the District

Prosecutor's Office in Gdańsk questioned journalist Katarzyna Włodkowska, who reports for
leading independent daily Gazeta Wyborcza, in connection with her reporting about the
investigation into the fatal stabbing of Gdańsk mayor Paweł Adamowicz in January 2019 for
which state authorities have yet to bring an indictment. It came after the Court of Appeal in
Gdańsk on 15 October 2021 upheld a previous court ruling ordering her to reveal the
confidential source of an article which revealed information about the mental state of the
alleged murderer. The journalist has maintained that she will not identify her source. In
November 2021, she was ordered to pay a fine of PLN 500 (€108) which she rejected. If
Włodkowska refuses an order to reveal her source again, she could be fined again or detained
for 30 days. The case is currently under appeal.

Gazeta Wyborcza, the biggest quality daily newspaper in Poland, has faced a total of 63 legal
suits from different state actors, with many filed from the ruling PiS party, including its leader
Jarosław Kaczyński. Related to this, on 23 March 2021, the editors-in-chief of Gazeta
Wyborcza - Adam Michnik, Wyborcza.pl - Jarosław Kurski, Agora S.A. and journalists Paweł
Figurski and Jarosław Sidorowicz, were sued by Daniel Obajtek, the chief executive of PKN
Orlen, one of the biggest state-owned oil companies, which took over Polska Press. The
articles in question relate to Profbud, a real estate company that runs a football club sponsored
by Orlen. The matter will be decided by the District Court in Warsaw, II Civil Department.

The enabling framework for civil society

Undermining women’s rights and LGBTQI+ rights

Women’s and LGBTQI+ rights remain severely under threat in Poland. Women Human Rights
Defenders (WHRDs), activists and organisations advocating for the right to abortion have been
facing violent threats which include bomb threats, rape threats and death threats. They include
the Polish Women’s Strike, the Abortion Dream Team, Federation for Women and Family
Planning (Federa), Feminoteka, FundacjaFOR, Helsinki Foundation for Human Rights and the
Women’s Rights Centre (Centrum Praw Kobiet). Leaders of the Polish Women’s Strike - Marta
Lempart and Klementnya Suchanow - have been subjected to death threats for months via
social media platforms like Facebook and via email. While there has been little to no response
from the authorities in investigating these threats, escalating threats on Marta Lempart during
October 2021 eventually resulted in police protection being assigned to her in public. These
threats have been enabled by the violent rhetoric of the government and state-owned media
against WHRDs. The public broadcaster Telewizja Polska (TVP) regularly calls demonstrators
“supporters of killing unborn children”.

Additionally, WHRDs and young people who have been protesting against the near-total
abortion ban have faced judicial harassment. Lempart is facing over 90 criminal charges for
her role in protests. Authorities have filed cases against teenagers and their parents for
participation in protests. For example, in one case, a trial was held in the District Court in
Bydgoszcz on 12 April 2021, after police brought charges against the father of 16-year-old
Malwina Chmara because he did not stop his child from taking part in a Women’s Strike
protest. In another case, two 17-year-olds, who took part in pro-abortion protests, were called
for interrogation by police in Białystok on 26 April 2021. One of the girls, who has a disability,
was expelled from her Catholic school for organising and participating in pro-abortion protests.

Sexual and reproductive health and rights have been continuously violated following the
October 2020 Constitutional Tribunal ruling which imposed a near-total abortion ban.
Thousands of women across Poland have taken to the streets to protest this violation of
reproductive rights, and in November 2021, massive protests erupted after a 30-year old
woman, known only as ‘Izabela’, was denied life-saving termination. During December 2021,
anti-women’s rights groups were unsuccessful in their attempt to propose an absolute
prohibition on abortion which would have jailed women for having an abortion and criminalised
anyone who helps them. Similar bills have been regularly put on the agenda of the Polish
Parliament. This demonstrates the ongoing and repeated threats on SRHR.

In a further threat on women’s rights, in July 2020 Justice Minister Zbigniew Ziobro announced
that Poland would begin the process of withdrawing its ratification from the Council of Europe
convention on preventing and combating violence against women and domestic violence
(known as the Istanbul Convention). However, the decision to withdraw was paused after the
ruling PiS party referred the matter to the government controlled Constitutional Tribunal, which
is yet to rule on this. Women’s rights defenders have raised concerns about the far-reaching
consequences that the withdrawal will have on organisations working on domestic violence.
Attacks on LGBTQI+ rights have continued unabated. The ‘Stop LGBT’ bill is currently under
consideration in the Polish parliament. It aims to ban LGBTQI+ Pride events, with the stated
intention of stopping ‘homosexual propaganda in public space’ and making it illegal to ‘promote
sexual orientations other than heterosexuality’, ‘challenge marriage as a union between a man
and a woman’ and ‘promote sexual activity among children and adolescents under the age of
18’. LGBTQI+ activists continue to face persecution. Although three LGBTQI+ activists were
acquitted for the crime of “offending religious beliefs” after displaying posters depicting the
Virgin Mary with a rainbow halo symbolic of the LGBTI flag around her head and shoulders,
in December 2021 the case was heard again after the prosecutor appealed the outcome.
Others are facing legal actions from far-right religious groups. In July 2021 six lawsuits were
opened against the founders of The Atlas of Hate, a website that maps local municipalities
that have passed anti-LGBTI resolutions or the so-called “LGBT-free” municipalities who have
adopted a charter written by the ultra-conservative Catholic organisation Ordo Iuris Institute.
The founders believe that the lawsuits are an attempt to silence them.

On 13 January 2022, the Polish Sejm passed the so-called “Lex Czarnek” (named after the
Polish Minister for Education). This bill would give tremendous power to regional educational
welfare officers - appointees of the ruling party, to approve the content of extracurricular
workshops in schools and limit NGOs’ access to schools. Civil society representatives are
voicing concerns that this bill will in effect provide the government with a means to control and
prevent extracurricular activities and/or educational workshops from taking place in schools,
such as ones pertaining to anti-discrimination, gender equality, LGBTQI+ rights or
comprehensive sexuality education.

HUNGARY

Introduction
Under the leadership of Prime Minister Viktor Orbán, the Hungarian government has continued
to erode civic freedoms. The independence of media regulatory bodies remains under threat,
while the work of independent journalists is continuously being obstructed. The government
has continued to diminish LGBTQI+ rights through the outlawing of legal gender recognition
for transgender people and the parliament passing two amendments to the Constitution which
reinforce institutionalised homophobia and transphobia. Additionally, it recently passed a ban
on LGBTQI+ media, advertising and educational materials. Hungary is currently rated as
‘obstructed’ on the CIVICUS Monitor. This rating means that civic space is heavily contested
by power holders, who impose a combination of legal and practical constraints on the full
enjoyment of fundamental rights. Although civil society organisations exist, state authorities
undermine them, including through the use of illegal surveillance, bureaucratic harassment
and demeaning public statements. While there may be some space for non-state media and
editorial independence, journalists face the risk of physical attack and criminal defamation
charges, which encourage self-censorship.

Media Pluralism

As noted by the European Commission’s 2021 Rule of Law report on Hungary, “Concerns
persist as regards to the independence and effectiveness of the Media Council and the Media
Authority.” This was again reiterated when the National Media and Communications Authority
(NHHH) brought legal proceedings against the RTL Hungary media group for broadcasting an
advertisement which raised awareness about LGBTQI+ families. The Council, which is made
up of members appointed by the ruling Fidesz party, stated that it had received complaints
about the advert which said that it was not suitable for young children and should have been
aired after 9pm for this reason. The Media Council can issue a fine of up to HUF 200 million
(EUR 555,000) and also issue formal warnings. RTL, one of the few independent broadcasters
left in Hungary, defended its decision to broadcast the advertisement, stating that there is no
reason for the advertisement being deemed unsuitable for minors.

Additionally, in mid-October 2021 (with effect from 31 October 2021), Mónika Karas, President
of the National Media and Communications Authority (NHHH) and its Media Council resigned
from her position shortly before the end of her nine-year team. Appointed in 2013, under
Karas’s leadership, the regulatory bodies have contributed to systematic declines in media
freedom and the steady silencing of critical voices. The Media Council, which is made up of
the Fidesz ruling party, is the supreme watchdog of Hungarian media. It decides over
frequency tenders and fines, and supervises the operation of the state news agency, MTVA,
which has censored reporting on the major political event of 2021, i.e. the opposition primaries.
Karas’s early resignation opened the door for the ruling Fidesz party to decide on a new
president for the next nine years before the upcoming general elections, thereby consolidating
their power over a strategically important body. In December 2021, parliament approved
András Koltay as the new president of the NHHH and Media Council. Koltay, who was
nominated for the head position by Prime Minister Viktor Orbán, has been a member of both
bodies since 2010.

Framework for journalists' protection

Journalists in Hungary face “diverse threats”, as noted in the European Commission’s 2021
Rule of Law report and this trend has continued with no actions taken to protect journalists.
Journalists face threats and smear campaigns by pro-government media. On 6 April 2021 a
letter containing a suspicious powder was sent to the editor-in-chief of the city newspaper in
Szentendre, Hungary. The previous week, an anonymous threatening letter was sent to the
local newspaper’s editor, Sarolta Gál. It accused the publication of publishing anti-vaccine
statements, in reference to six short opinion pieces which appeared in the paper. Police were
called to remove the suspicious powder for analysis.

On 7 April 2021, Franziska Tschinderle, a journalist at Austrian independent news magazine

Profil was smeared by Hungarian public television station M1. This comes after the journalist
emailed MEPs with questions about Fidesz’s talks with politicians in Italy and Poland about
establishing a new party group within the European Union. During the broadcast, M1 accused
the journalist of sending “provocative statements disguised as questions” and labelling her
outlet as “left liberal press”, and her as a “provocateur”. The three-minute segment mentioned
Tschinderle by name and showed screenshots of the questions, along with previous articles
she had written about the Orbán government.

The ruling party has obstructed independent journalists and outlets from carrying out their
work, and this has worsened during the COVID-19 pandemic. For example, on 10 June 2021,
staff from newspapers Magyar Hang and Direkt36 were denied access to a news conference
with Prime Minister Viktor Orbán, despite the journalists having registered for the event on
time. It was the first in-person press conference with the Prime Minister since 2020. Direkt36
journalist Zsuzsanna Wirth planned to ask critical questions on the spending of the József
Antall Knowledge Center but was denied access to the conference. The news site recently
published an article which highlights that Orbán’s government has supported the foundation
with over HUF 4 billion in taxpayers’ money. When Orbán was asked why the journalists were
not allowed inside, he simply jokingly replied that “he does not organise the press
conferences.” Additionally, on 19 October 2021, the Hungarian Minister of State for
International Communication failed to invite any critical and independent journalists to a press
conference, who only learned about the conference on social media after it had taken place.
According to the human rights watchdog Hungarian Civil Liberties Union, the Hungarian
independent press has been systematically obstructed by public authorities in a variety of
ways for years. Ignoring journalists' questions, intimidating sources, physically restraining
journalists and discrediting and stigmatising press staff are commonplace.

Surveillance of critical journalists

Of serious concern is the government's use of surveillance against journalists. In July 2021,
the French NGO Forbidden Stories’ investigation into Israeli surveillance company NSO’s
hacking spyware revealed that amongst other countries Hungary used the spyware to spy on
about 300 investigative journalists. Forensic analysis found Pegasus spyware on multiple
phone devices. The Hungarian government allegedly deployed the spyware against Hungary’s
last remaining independent media owners and on multiple investigative journalists. One such
target was Dániel Németh, a photojournalist from Budapest who is investigating and
documenting the luxury lifestyle of Hungary’s ruling elite. Németh’s phones were monitored in
July 2021 while he was reporting on one of Prime Minister Viktor Orbán’s childhood friends,
Lőrinc Mészáros, a former gas fitter who has become one of Hungary’s richest men in the past
few years.

After four months of the government refusing to reveal any details about the purchase and use
of Pegasus, on 4 November 2021, the chair of Parliament’s Committee on Defence and Law
Enforcement, Lajos Kósa, admitted to journalists that the Interior Ministry had bought and used
the software. According to the Fidesz politician, the Interior Ministry had agreed not to violate
anyone’s human rights upon the purchase of the spyware and only to use it for “legal”
purposes. The content of the meeting of the Committee on Defence and Law Enforcement on
the Pegasus case has been classified until 2050. Media watchdog organisations state that the
use of spyware “undermines journalists’ safety” and has a “chilling effect” on the remaining
independent media within the country. They have called on the European Commission to
immediately investigate the Hungarian government’s use of Pegasus spyware against
journalists.

The enabling framework for civil society

New law threatens NGO’s

The government continues to target civil society through restrictive legislation. Following the
European Court of Justice’s (ECJ) ruling that the Hungarian ‘LexNGO’ law that was in force
from 2017 is in breach of EU laws, on 18 May 2021, the Hungarian Parliament repealed it.
However, at the same time, the Parliament adopted a new law that threatens the work of
NGOs. In April 2021 a coalition of 19 NGOs voiced concerns over the new law, which requires
the State Audit Office to report annually on the financial status of NGOs which have a budget
that exceeds 20 million forints (55,000 Euros) and that “influence the public”, and empowers
the authority to selectively audit them. The law does not specify what the audits should cover,
making it unclear what exactly the State Audit Office is supposed to look for. At the same time,
such an audit may impose an unnecessary administrative burden on human rights defenders
critical of the government and could be misused to make their work as difficult as possible.
The law also discriminates against specific NGOs, as religious, sport and national minority
organisations are exempt.

CSOs state that while the law is disguised as a legal measure intended to ensure
transparency, in reality “the purpose of this law is simply to stigmatise Hungarian civil society.”
Transparency over the finances of NGOs is already ensured under current legislation.

In yet another means of targeting CSOs, on 1 July 2021, the Hungarian government banned
anonymous donations to NGOs but overturned the rule two weeks later. While the rule
theoretically still applies to donors giving more than HUF 500,000 (about 1,400 Euros), thus
far the government has not asked for the names of any larger donors. However, it may
intimidate donors from donating to organisations critical of the government.

Additionally, in July 2021, the Hungarian government gave up 2,3 billion Norwegian kroner
(€220 million) which it was set to receive from the European Economic Area (EEA) and Norway
Grants Scheme due to failure to reach an agreement over who should distribute funds to civil
society. Hungarian civil society was set to receive approximately 100 million Norwegian Kroner
(€9.6 million) from an independent grant operator.

Shortly before the country lost its eligibility for the European Economic Area (EEA) and Norway
Grants, the Urban Civic Fund (Városi Civil Alap) was set up by the Hungarian government in
2021 to replace the Norway Grants. However, according to an analysis by investigative journal
Atlatszo, the first results of the state-financed funding programme for NGOs are extremely
politically biased, with more than half of the top winners being NGOs directly controlled by
politicians of the Fidesz ruling party. Among the winners of the largest grants, it is difficult to
find an organisation that is not linked in some way to the Fidesz elite.

CZECH REPUBLIC

Introduction
The decline in media independence in Czech Republic facilitated by political interference has
resulted in a ratings downgrade from ‘open’ to ‘narrowed’ during December 2021. This rating
means that while the state allows individuals and civil society organisations to exercise their
rights to freedom of association, peaceful assembly and expression, violations of these rights
also take place.
Media Pluralism

The independence of the Advisory Board of the public broadcaster Česká (Czech Television)
remains a concern. Following the unexpected dismissal of the five members of the Advisory
Board in November 2020, during March 2021, there was an attempt made by the council to
remove Czech TV CEO Petr Dvořák, who guarantees the broadcasting of critical news,
alleging he had conflicts of interest. The attempt this time, however, was rejected by a majority
of the council. The alleged conflict of interest was related to the fact that Dvořák is on the
board of directors of a non-profit organisation operating the Leica Gallery in Prague. Deputy
Chairman of the Board, Daniel Váňa expressed concern that Czech Television has reported
on the Leica gallery significantly more in the last ten years compared to other galleries.
However, the Supervisory Board of the Czech Television Council concluded that such a
conflict did not exist.

The European Broadcasting Union (EBU) reported that the national broadcaster Česká
Televize (CT) has increasingly been exposed to political pressure, with the government trying
to shortlist pro-government candidates for the broadcaster’s governing council. This move was
aimed at ensuring favourable reporting on the government's campaign during the general
election which took place in October 2021.

Additionally, the impartiality of the Czech national radio appears to be under threat, with
council members of Czech Radio trying to influence what is being broadcast. Grassroots
movement Million Moments for Democracy reports that the pressure on CEO René Zavoral
from the Czech Radio Council is increasing after council member Tomáš Kňourek approached
Zavoral in mid-March 2021 and complained that the radio station broadcasts too few ‘main
currents of opinion’ and that he would prefer more coverage of Euroscepticism and resistance
to migration. Kňourek is a long-time contributor to the misinformation site Parlamentní listy
where he previously described liberal democracy as brainwashing. Another council member,
Josef Nerušil, complained on his social media that the far-right populist party SPD is
underrepresented within Czech Radio. As a result, the Czech Radio Council subsequently
adopted a resolution expressing “dissatisfaction with the observance of the principles of
objectivity, impartiality and balance in the broadcasting of the Czech Radio Plus station”. In
addition, SPD’s allegedly insufficient representation was put into the ČT councillors’ annual
report.

Framework for journalists' protection

Senior politicians have obstructed journalists' ability to do their jobs by barring them from press
conferences and publicly vilifying them. On 24 May 2021, Czech President Milos Zeman's
office announced that it would stop providing information to several investigative media outlets,
including public broadcaster Czech Television, Respekt, server Seznam Zprávy and daily
Deník N. These outlets have reported critically on Zeman in the past. The decision was justified
by Zeman’s office under the pretence of joining the EU’s fight against misinformation.
However, in practice, the announcement will not have a significant impact on these outlets as
the President is known to be unresponsive to these outlets’ media inquiries even before the
announced ban. On 1 October 2021, on the occasion of an event in Brno during the election
campaign, Prime Minister Babiš was reported to have expelled a journalist from the outlet
Respekt because journalists were not intended to be present, despite the fact that it was a
public event. Similarly, on 29 September 2021, a number of international and Czech journalists
were not admitted to a joint press conference held in Ústí nad Labem by Prime Minister Babiš
and Hungarian Prime Minister Viktor Orbán. According to the office of the government, the
decision to exclude journalists was related to space logistics. However, pictures of lists of
specific journalists' names and outlets highlighted in red emerged online.

Additionally, the Prime Minister has continued to attack journalists. On 13 September 2021
Babiš targeted Jaroslav Kmenta, an investigative journalist at Reporter Magazine, during an
election campaign rally in Poděbrady. Kmenta, who previously wrote a critical book about the
PM, attended the event with a journalist colleague to try and pose questions to Babiš in person.
While waiting in a queue to speak to the PM, Babiš recognised him and began to shout and
swear at him furiously in front of the onlooking crowd, allegedly calling him a “journalistic pig”,
a “parasite”, a “scoundrel” and “one of the biggest journalistic cesspools”. On 3 October 2021,
Rory Tinman, a BBC Panorama journalist, was forcefully shoved against a vehicle by a
security guard as he was attempting to question PM Babiš about the Pandora Papers
investigations. On the same day, Hana Čápová, an investigative journalist with the Czech
investigative reporting platform investigace.cz, was also aggressively pushed away by security
guards when trying to pose questions to the PM, after his office had excluded her from a press
conference on the day.

BELGIUM

Introduction
In Belgium, the CIVICUS Monitor has documented a steady decline in the freedom of peaceful
assembly, prompting a ratings downgrade from ‘open’ to ‘narrowed’. This rating means that
while the state allows individuals and civil society organisations to exercise their rights to
freedom of association, peaceful assembly and expression, violations of these rights also take
place. We are concerned about the manner in which authorities have responded to protests,
which includes detentions of protesters and the use of excessive force. Additionally, and more
recently, migrants who staged a hunger strike for over 60 days calling for fair regularisation
procedures have reported facing “violent and repressive intervention by law enforcement”.

Peaceful Assembly under threat

Authorities in Belgium have repressed the right to protest on many occasions. Three major
protests against racial and class injustice between November 2020 and January 2021 were
repressed. On 27 November 2020, during a “Justice for Adil” protest in Anderlecht, nearly 90
people were arrested, including many minors. During detention, several testimonies report
“beatings, strangulations” and “racist insults”. On 17 January 2021, a protest was staged for
“Justice for Ibrahima”, who died on the evening of 9 January 2021 following his arrest. During
this protest, 116 people, including 30 minors, were arrested. Police used excessive force
which included the use of tear gas and point-blank use of a flashball, a semi-lethal weapon.
On 24 January 2021, the police initially prohibited, then “tolerated”, a protest against racist
and classist injustices in Brussels. However, they then proceeded to intimidate those who may
have intended to participate in the demonstration. Additionally, the protest saw
disproportionate police deployment which included: riot police, around thirty police vehicles,
dogs, cavalry, pumpers, drones and a helicopter. More than 230 people were arrested --
including 86 minors between the ages of 15 and 17 -- with detainees subjected to physical
violence or racist and sexist insults.

Related to this, on 8 June 2021, the United Nations Human Rights Council released a report
on racial justice and inequality. The findings of the report cite concerns in about 60 countries,
among them Belgium. The report pointed out that racial profiling and systemic racism are the
worst in countries previously associated with the slave trade and colonialism.

Concerns have also been raised over abuse by law enforcement against vulnerable groups,
which was exacerbated during the pandemic. To tackle this problem, the United Nations
Committee for the Elimination of Racial Discrimination (CERD) recommends that Belgium
explicitly ban racial profiling, adopts plans of actions against racial profiling, improves data
collection and sets up a system for the registration of complaints. Belgium must also take
action to promote diversity within the police force.

Concerns over migrant rights

The situation for migrants in Belgium is concerning. On 23 May 2021, 470 undocumented
migrants decided to stage a hunger strike for the right to live and work in Belgium. The
migrants were camping in two universities and a baroque church in central Brussels. The
protesters, who are part of the Union de Sans Papiers pour la Régularisation (USPR)
movement, have been calling for the need for the regularisation mechanisms in Belgium to be
more accessible and fair.

Without stable regularisation criteria, undocumented migrants have been denied official
documentation, without which they cannot access proper healthcare, financial services or
other benefits for fear of being deported. The hunger strike lasted 60 days and ended on 21
July, after the government deployed a mediator and an agreement was reached where officials
promised to consider each of the migrants’ residency requests. During negotiations, the State
Secretary for Migration stated that the hunger strikers’ applications would be considered
admissible and fully reviewed. The government also indicated they would positively consider
proof of prior employment, including undeclared work, with no risks for the applicant or
employer. A temporary government office was set up to give information to migrants, but was
shut down only a few days after it opened. Since then, the government has been moving slowly
or not at all in regard to processing the applications, while the striking migrants have been
meticulously redoing paperwork and submitting their residency applications. Around 20
applications have thus far been rejected, raising concerns for the status of the remaining
applications. The USPR, together with Belgian Ligue des Droits Humains and CIRE, have filed
a lawsuit against the Belgian government and its State Secretary Sammy Mahdi, stating that
their rights enshrined in the European Convention on Human Rights have been violated due
to the State Secretary not fulfilling his commitments presented to the strikers in July 2021. A
representative from USPR told the CIVICUS Monitor that migrants who have been striking
have been targeted by authorities. During an earlier action staged in April 2021, participants
faced “violent and repressive intervention by law enforcement” which included the use of tear
gas and the detention of 66 people under administrative charges.
Framework for journalists' protection

There have been some incidents documented against journalists, which range from physical
attacks to intimidation. On 19 December 2021, Eric Boever, a journalist for public service
media RTBF, was physically attacked and injured while covering a protest against the COVID-
19 health pass and vaccination in Brussels. The journalist was surrounded by about 20
demonstrators who pepper sprayed him in the eyes. He managed to escape with the help of
some of the protesters to seek medical attention. On 24 May 2021 the DPG Media building in
Antwerp was temporarily evacuated after a bomb threat. A participant from the Dutch right-
wing extremist group, the "Dutch Anonymous Freedom Fighters", informed the police about
the threat which was announced on the group’s Facebook page. Police are investigating the
matter. On 25 May 2021, Belgian journalist Samira Atillah spoke out about ongoing
intimidation and threats, which included racial attacks and death threats she was facing for
her journalistic work and as a result decided to take a break from Twitter.

Other concerning developments include searches and legal harassment. On 6 May 2021,
police searched the home, computer and phone of Belgian journalist Dirk Selis, which was
approved by an investigating judge, after the journalist published an article revealing that the
mayor of Sint-Truiden, Veerle Heeren, had cut the line for the COVID-19 vaccine and arranged
vaccinations for some of her family members, staff and other people before they were called
for vaccination. The mayor complained about a "breach of medical secrecy". The journalist
maintained that he would not reveal his source. The Flemish Association of Journalists (VVJ)
called the search "illegal" and a "misstep by the judiciary and police". In a ruling which was
denounced as setting a “dangerous precedent” for the profession, on 10 May 2021, a criminal
court sentenced reporter Bart Aerts, who works for the Flemish public broadcaster VRT, to a
suspended four-month prison term for broadcasting wiretapped phone conversations during
the judicial investigation into the so-called "Castle murder". In 2016 the journalist made a
documentary which featured the recordings of wiretapped phone calls between the family of
the victim and people within the justice system.

AUSTRIA

Introduction
In September 2020, the CIVICUS Monitor noted an improvement in civic space in Austria due
to increasing and open dialogue between civil society and government, prompting a ratings
upgrade from ‘narrowed’ to ‘open’. The improvement in the space for civil society is due to
political change, with the CSO-friendly Greens party replacing the extreme far-right Freedom
Party Austria (FPÖ ) in a coalition with the People's Party (ÖVP). However, some concerning
developments have been documented in the past year.

Transparency of media ownership and government interference

Austria’s oldest newspaper is currently under threat of closure. The Wiener Zeitung may face
possible closure of its print edition after the federal government announced plans to scrap
mandatory public advertisements of companies in its official gazette, which make up the
largest part of the newspaper's annual income of around 18 million euros. If the plan is
successful it could lead to the newspaper losing three quarters of its funding. The plans were
announced by the Austrian People's Party (ÖVP) and Greens coalition as part of the
implementation of an EU directive on the "use of digital tools and procedures in company law".
The Austrian Press Union and Press Club Concordia criticised the lack of detail in the plan to
assist the newspaper’s survival and stated that the closure of the newspaper would be “an
irretrievable loss for the democratic-political discourse in Austria.” The Federal Chancellery
said that the new business model for Wiener Zeitung should be implemented by the end of
2022. The schedule from the Chancellery also sets a deadline for mandatory publications.
Due to all these changes, Wiener Zeitung’s daily print edition may face possible closure next
year, with many layoffs of the editorial staff made up of about 60 journalists, hampering
independent journalism.

Framework for journalists' protection

Attacks on journalists

Journalists have come under threat during protests against COVID-19 measures. On 30 June
2021, during a protest against COVID-19 measures staged outside the office of Austrian public
broadcaster Österreichischer Rundfunk (ORF), journalists and staff were verbally harassed
and had their vehicles spat at by protesters. The group hurled insults, including “murderers”,
“psychopaths” and “lying press”. The public broadcaster has been one of the biggest targets
of COVID-19 deniers in Austria. As a result, ORF staff have been instructed not to wear the
broadcaster's logo or identify themselves as working for the broadcaster, following a spate of
attacks. On 11 September 2021, during a protest against COVID-19 measures and
vaccinations, freelance journalist Michael Bonvalot was insulted, threatened and had a can of
beer thrown at him. Groups threatened the journalist, stating “we will get you” and “be careful”,
suggesting that they knew of the journalist’s movements outside of his home. On 18 November
2021, Bonvalot was sent a Telegram message with insults and threats of physical violence
ahead of a protest against COVID-19 measures in Vienna. Earlier in mid-October, Bonvalot’s
apartment door was vandalised with “Antifa on your mouth!" and "time to act?” written on the
apartment door. The incident is believed to be an act of intimidation in retaliation for his
reporting on right-wing extremist circles. While the matter was reported to the police, the
journalist has since taken measures to increase his security. On 11 December 2021, several
journalists faced insults and abuse at protests against the government’s COVID-19 vaccine
mandate. During a live broadcast for oe24.TV, reporter Julia Rauch was harassed by two men,
while journalist Magdalena Punz, the chief reporter for Austrian television station Puls-24 was
surrounded and insulted by protesters who chanted “lugenpresse” (lying press).

The enabling framework for civil society

As Austria looks forward to receiving 3,5 billion Euros from the ‘EU Recovery and Resilience
facility’, organised civil society have raised concerns about the lack of willingness by the
government to make transparent decisions and involve civil society in drawing up the plans.
One recent example concerned an invitation for local and regional authorities, social partners,
CSOs and youth organisations to send suggestions to a specific email address by 26 February
2021, but there has been no feedback since on how the suggestions have been taken into
account. Around a dozen CSOs were also invited to a 40-minute video conference in which
Federal Minister Karoline Edstadler rejected civil society calls for a structured and transparent
participation process on the grounds that there were no resources for it. Given the vital and
active role of civil society in Austria, which has filled the gaps in public policy during the
pandemic, it is concerning that they do not have a meaningful role in planning recovery fund
distribution.
RECOMMENDATIONS

To EU member states

● Promote and respect press and media freedom as set forth in Article 10 of the
Convention for the Protection of Human Rights and Fundamental Freedoms (ETS
No. 5, “the Convention”), and ensure that government officials and security officers
understand and respect the media’s necessary role in a democratic state.
● Ensure that violations against journalists are thoroughly investigated and that
perpetrators are held to account.
● Ensure the adoption of a legal framework, regulation and working environment that
enables the media to have diversified and long-term funding to effectively pursue its
mission.
● Demonstrate political will in creating an enabling environment for civil society which
ensures engagement and full participation in decision making processes, including
policymaking and influencing legislative changes, in an open and transparent
manner.

To the Government of Slovenia

● Respect the right of all Slovenians to protest freely in line with provisions in the
Slovenian Constitution and its international human rights obligations and desist from
attacking and threatening peaceful protesters.
● Stop the public vilification and harassment of civil society organisations and media
outlets and create an enabling environment that allows civil society and the media to
fully participate in decision-making processes, including policy making, without fear of
intimidation and in an open and transparent manner.
● Lift all fiscal and/or legal restrictions that prevent the STA, media outlets and civil
society organisations from accessing the necessary funding needed to implement
their activities on time.
● Drop all cases against journalists and media outlets and stop the judicial persecution,
harassment, vilification and attacks on journalists. Hold accountable all perpetrators
of these actions and bring them to justice.
● Respect the right of civil society organisations to associate and organise freely by
lifting all restrictions that prevent environmental rights groups including LUTRA from
accessing funding and from carrying out their activities without fear or intimidation.

To the Government of Poland

● Any emergency actions linked to the state of emergency should be grounded in

human rights in line with Poland’s international human rights obligations.
● End the judicial persecution, arrests and attacks on journalists covering events
around Polish borders and drop all charges against those targeted.
● Carry out prompt and independent investigations into all threats against LGBTQI+
activists and women human rights defenders (WHRDs) and ensure that all
perpetrators are held accountable to deter others from doing the same.
 ● Stop persecuting women human rights defenders and young people targeted for
peaceful protests against the near-total ban on abortions and drop all charges
against them.
● Throw out the “Stop LGBT Bill” currently under consideration in Parliament and
create an enabling environment for members of the LGBTQI+ community to live
freely without fear of intimidation or reprisals.
● Throw out the “Lex Czarnek” bill currently under consideration in Parliament.

To the Government of Hungary

● Investigate all threats and smear campaigns targeting journalists and independent
media outlets by state and non-state actors and ensure that all perpetrators are held
accountable for their actions.
● Ensure that the selection process of members of media regulatory bodies like the
Media Council and the National Media and Communications Authority is done in a
transparent manner and that these bodies operate independently and are not used to
target journalists and media outlets for their objective reporting.
● Amend any legislation that restricts the activities of civil society organisations and
engage in extensive consultation with civil society before policies and laws affecting
the sector are discussed and passed.
● Create an enabling environment for civil society and the media to report on issues
affecting the population, including concerns over the rights of members of the
LGBTQI+ community.

To the Government of Czech Republic

● Stop the undue interference in the activities of journalists and media outlets and allow
them access to meetings, conferences and other fora to report on issues affecting
Czechs.
● Create an enabling environment for the media and for journalists to report without
fear of intimidation or reprisals.

To the Government of Belgium

● Create an enabling environment for the media and for journalists to report without
fear of intimidation or reprisals.
● Respect the right of protesters to demonstrate in line with constitutional provisions on
freedom of peaceful assembly and Belgium’s international human rights obligations.
● Investigate and address issues raised in the past by protesters, including inequality,
racism and the violations of the rights of migrants.

To the Government of Austria

● Carry out independent investigations into all cases of attacks, threats and/or
intimidation of journalists and hold the perpetrators accountable for their actions.
● Propose an alternative plan to finance Wiener Zeitung in order to avoid job losses
and further deterioration of media pluralism.
To the European Commission

● Establish a clearer link between the respect for the rule of law and civic space in
Member States and recognise civic space as a crucial rule of law pillar.
● Set up an early warning alert mechanism to regularly monitor and respond to
restrictive legislation and attacks against CSOs, human rights defenders and
journalists.
● Establish funding mechanisms to provide increased funding and support to CSOs
and grassroots activists advocating for fundamental rights.
● Develop a civil society strategy to support the development of vibrant civic space in
Europe. It should also establish adequate protection mechanisms to prevent reprisals
or censorship, including self-censorship, against civil society defending rights and
values.