Campaigning NGOs in the United Kingdom face “a challenging and at times antagonistic political environment,” according to a new report from organizations across civil society, which also highlighted fears of further restrictions on campaigning.
Campaigners called for a “reset” on the relationship with the U.K. government, and warned that a hampered environment for campaigning “undermines democratic values.”
Guidance from the Charity Commission and what’s known as the Lobbying Act of 2014 [The Transparency of Lobbying, Third Party Campaigning and Trade Union Administration Act 2014], have also created a more uncertain and restricted environment for campaigners, according to the report from several organizations, including Bond — the network for U.K. NGOs — the National Council for Voluntary Organisations and Association of Chief Executives of Voluntary Organisations.
Forthcoming changes to the judicial review process and laws around public protesting “would undermine campaigning further,” according to the report.
“From protecting millions of jobs in the U.K. to advocating for fairer access to vaccines globally, campaigners have ensured a more compassionate, inclusive and effective pandemic response,” said co-author Rowan Popplewell, civic space policy manager at Bond.
“We need to reset the relationship between campaigners and decision-makers and take steps to better protect the right to campaign.”
— Rowan Popplewell, civic space policy manager, BondThe report highlighted two government proposals which it said could worsen the campaigning environment. An Independent Review of Administrative Law, published in March, “announced plans to expand government powers to decide which issues are out of scope and cannot be subject to judicial review,” according to the report.
It added: “This will effectively restrict people’s ability to take the government and public bodies to court, undermining access to justice.”
The controversial restrictions on public demonstrations proposed under the new Police, Crime, Sentencing and Courts Bill — yet to be passed into law — would curtail certain public protests, including those deemed to be “intentionally or recklessly [are] causing public nuisance.”
While the implications of the proposed law are yet to be fully determined, activists fear it could lead to the police deciding when a protest is a “nuisance” or not, among other limitations on protest. People found guilty of causing a nuisance could face up to 10 years in prison under the new legislation.
“If it is passed in its current form, the Bill will significantly affect the ability of individuals and civil society groups to organise and participate in non-violent demonstrations,” said the report.
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The COVID-19 pandemic “revealed the power and benefit of campaigning,” continued Popplewell. In a statement accompanying the report, she said: “The political environment, as well as restrictive legal and regulatory barriers such as the Lobbying Act, continues to create barriers for campaigners seeking to deliver change for the people and issues they care about.”
“We need to reset the relationship between campaigners and decision-makers and take steps to better protect the right to campaign,” Popplewell added.
NGOs have been criticized for speaking out on causes they support, according to the report, “Charities have been censured for speaking out against racism and discussing the legacies of colonialism; non-violent protest groups and organisations campaigning on climate change and animal rights have been labelled extremists; and lawyers, particularly those who represent marginalised groups and individuals, have been accused of hampering the criminal justice system”.
Both Prime Minister Boris Johnson and Home Secretary Priti Patel have taken aim at “lefty” lawyers said to represent migrants and appealing deportations.
The report also said “on several occasions” Charity Commission guidance — which took place under previous Chair Baroness Tina Stowell — to campaigning NGOs has been “more directive in nature” than the Commission's standard advice to the sector. The Charity Commission reportedly warned NGOs ahead of the 2019 election to be aware of the “very different” political context of the vote as the country prepared for Brexit.
The Lobbying Act 2014 also “makes it harder for charities and non-partisan campaign groups to speak out on their core issues up to a year ahead of a General Election,” according to the report. It added that the Lobbying Act’s rules can be applied 12 months retrospectively. The likely increasing prevalence of snap elections means “campaigners could be subject to the rules of the Act without even knowing it at any time,” said the report.
The document also noted that the government has included “anti advocacy clauses” in grant contracts, limiting the ability of NGOs receiving taxpayer funded donations to speak out.
About the author
William Worley@willrworley
Will Worley is the Climate Correspondent for Devex, covering the intersection of development and climate change. He previously worked as UK Correspondent, reporting on the FCDO and British aid policy during a time of seismic reforms. Will’s extensive reporting on the UK aid cuts saw him shortlisted for ‘Specialist Journalist of the Year’ in 2021 by the British Journalism Awards. He can be reached at william.worley@devex.com.
