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During the past decade, previous UK Governments have eroded the rights and infrastructure that civil society requires to thrive.
They have curbed protest rights, meddled in the independence of regulators, and attacked charities for being ‘too political’ as part of wider efforts to limit scrutiny, quieten dissent, and polarise public debate. It is no wonder that relations between government and civil society are at rock bottom.
In the Labour Party manifesto, Keir Starmer committed to working in partnership with civil society. And while the promise of the new Culture Secretary to end the Conservative ‘culture wars’ is also welcome, the new Government will need to do more than that if it wants to create an environment that enables the whole of civil society to flourish.
The introduction of draconian public order legislation, the detention of protestors, and the vilification of campaigners led the global civil society and human rights monitoring group, CIVICUS, to downgrade civic space in the UK from “narrowed” to “obstructed” last March 2023 – placing the country in the same category as countries such as El Salvador, Hungary, and South Africa.
Since then, there has been a further decline – as highlighted in Bond’s first annual civic space review. The prison sentences given to five protestors last week also indicate how restrictions are continuing to have an impact despite the recent change in government.
What Is ‘Civic Space’?
The term ‘civic space’ means little to most people, but it is integral to any well-functioning democracy. Restrictions on civic space are often an early indicator of a shift towards authoritarianism.
Civic space refers to the environment within which the people and organisations that make up civil society exist and are able to exercise their rights.
An open civic space has laws and government policies which uphold democratic rights and freedoms, fair and independent regulators, an open and inclusive political sphere that supports engagement in policy-making, public debate and campaigning, and access to sustainable funding for civil society organisations.
In civic spaces that are constrained, there may be restrictions on public assemblies, attacks on protestors and activists, limits on access to funding, or political interference in the work of regulators, the media, or the courts.
CIVICUS reports that just two per cent of the world’s population currently live in countries in which civic space is ranked as ‘open’, while more than 70% live in ‘closed’ or ‘repressed’ societies.
Civic Space in the UK
Strong language against democratic backsliding in other countries has been a consistent feature of UK foreign policy – but the country’s criticism of others has been undermined by actions here at home.
For too long, a tendency towards ‘British exceptionalism’ has lent itself to the notion that ‘these things happen elsewhere’ and that the UK is somewhat immune to the global democratic tilt towards authoritarianism. But this is not the case.
From a lone social media post by a public figure, to the passing of new draconian laws – seven key trends are driving the ongoing erosion of civic space in the UK.
These range from an increased focus on preventing protests that cause disruption, as opposed to disorder, barring protestors from citing their motives as part of their defence in court, to tone-policing charity campaigns, and the vetting and banning of experts from engaging with government.
Additionally, broadening the definition of ‘extremism’ has restricted certain organisations from meeting with government officials and parliamentarians and from receiving public funds.
Key events over the past 18 months embodying these downward trends include: the passing into law of the Public Order Act and the first convictions of protestors under the new legislation; the arrest of a woman for holding a placard outside court that reminded jurors in a protest-related trial that they had a right to act according to their consciences; an established nature charity hitting the headlines for calling three former government ministers “liars”; the former Home Secretary publicly attacking migrants rights charities at the Conservative Party Conference; and the jailing of five protestors for planning to peacefully protest on the M25.
Although there have been some positive developments in this time period – such as Greta Thunberg and fellow climate protestors being cleared of all charges, and Arts Council England affirming that it would not withdraw funding from politically-engaged organisations – the overall decline in UK civic space continues more than a year after it was downgraded by international experts.
The new Government has an opportunity to reverse this trend, repair the damage done during the past decade, and send a strong international message about supporting civil society and protecting human rights.
The Opportunities Ahead
There is strong support among Labour ministers for charities and an understanding of the important role they play in shaping society and building the economy.
Earlier this year, at least a dozen of the then Shadow Cabinet – including Keir Starmer – attended an event on the future of the UK charity sector. ProBono Economics reports that at least eight new Cabinet members – including Culture, Media and Sport Secretary Lisa Nandy – have prior experience in the charity sector.
While Labour’s manifesto commitment to partnership and ending the culture wars is encouraging, it falls short of fostering an inclusive environment for all civil society actors, including those who engage primarily in protest and public assembly.
Focusing solely on partnership without broader reforms to protect civic space risks benefiting only those pursuing social change through service delivery or policy engagement.
Yet, little has been promised to improve things for those outside the tent who, nonetheless, have an important role to play in our democracy. While the Liberal Democrat and Green manifestoes included a commitment to remove anti-protest laws, such as the Public Order Act, from the statute books, this was noticeably absent from Labour’s pre-election offering.
Repealing this law and other anti-protest legislation – such as the Police, Crime, Sentencing and Courts Act – appears to be crucial if we are to mend the damage done to UK civic space.
This will also require scrapping the newly-expanded definition of extremism, revising electoral and charity law, and providing new guidance so that charities and other campaigning groups can better engage in public debate. Reviewing the role of the Charity Commission, and taking steps to maintain its independence, as well as that of the Electoral Commission, will also be vital.
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The new Government will have many priorities, but repairing our civic space and creating an enabling environment for the whole of civil society must be among them. It is integral to the functioning of our democracy and will set a positive example internationally.
Ending the ‘do as I say, not as I do’ attitude of past governments is essential if we are to play our part in reversing the global shift towards authoritarianism.