Activities of Malin BJÖRK related to 2021/2103(INI)
Plenary speeches (1)
Shrinking space for civil society in Europe (debate)
Shadow reports (1)
REPORT on the shrinking space for civil society in Europe
Amendments (40)
Amendment 7 #
Motion for a resolution
Citation 14 a (new)
Citation 14 a (new)
— having regard to the 1998 UN Declaration on Human rights Defenders,
Amendment 9 #
Motion for a resolution
Citation 14 b (new)
Citation 14 b (new)
— having regard to the 7th Meeting of the Parties to the Aarhus Convention of 21 October 2021 and Decision VII/9 on a rapid response mechanism to deal with cases related to Article 3(8) of the Aarhus Convention,
Amendment 10 #
Motion for a resolution
Citation 15 a (new)
Citation 15 a (new)
— having regard to the Statement of the Commissioner for Human Rights of the Council of Europe of 16 May 2019 titled ‘Let’s defend LGBTI defenders’,1a _________________ 1a https://www.coe.int/en/web/commissioner/ -/let-s-defend-lgbti-defenders
Amendment 29 #
Motion for a resolution
Recital G
Recital G
G. whereas freedom of expression hasand access to information have been restricted in some Member States; whereas strategic lawsuits against public participation (SLAPPs) have also been used to target civil society organisations (CSOs) and human rights defenders, human rights defenders and activists working in the fields of environment, the rule of law, LGBTIQ rights and women's rights, in several Member States, particularly in Poland, France, Romania, Germany, Austria, Bulgaria, Croatia, Italy, Portugal, Spain and Slovakia; whereas these exert a severe chilling effect on freedom of expression;
Amendment 46 #
Motion for a resolution
Recital I
Recital I
I. whereas in some Member States, restrictions have been imposed with the deliberate aim of limiting civic space and are accompanied by legal, administrative and fiscal harassment, criminalisation and negative rhetoric aimed at stigmatising and delegitimising CSOs and draining their capacity to carry out their legitimate work; whereas hate speech, harassment and attacks also emanate from non-state actors; whereas CSOs and human rights defenders working on women’s rights, including sexual and reproductive health and rights, environmental issues and the protection of minorities and LGBTI rights, as well as those providing assistance to migrants and asylum seekers and those involved in search and rescue operations, are particularly exposed;
Amendment 48 #
Motion for a resolution
Recital I a (new)
Recital I a (new)
I a. whereas many Member States have been deliberately targeting solidarity towards migrants by criminalising civil society actors and individuals that have saved the lives of people in the Central Mediterranean and Aegean Seas, and who have provided basic services and assistance at land, notably in Greece, France, Italy, Hungary and Croatia but also in other Member States; whereas since 2016 Germany, Greece, Italy, Malta, the Netherlands and Spain have initiated 58 proceedings against crew members or vessels rescuing people in distress at sea without any convictions1a; _________________ 1a https://fra.europa.eu/en/publication/2021/ june-2021-update-ngo-ships-sar-activities
Amendment 49 #
Motion for a resolution
Recital I a (new)
Recital I a (new)
I a. whereas the situation of LGBTI rights defenders in Europe was described as worrying by the Commissioner for Human Rights, who reported several instances of online and offline harassment, violent assaults, hate campaigns and death threats in Member States and neighbourhood countries; whereas this trend is interlinked with the scapegoating of other minority groups and it contravenes the principle that every person is born equal in dignity and rights;
Amendment 52 #
Motion for a resolution
Recital J
Recital J
J. whereas national CSOs acting as watchdogs, in particular by engaging in monitoring and reporting about violations of rights and liberties, advocacy and litigation are particularly targeted by restrictions, retaliatory measures and surveillance; whereas certain Member States have placed restrictions on CSOs’ ability to engage in political activities; whereas in others, accusations that CSOs are political have become tools to stigmatise and delegitimise them; whereas CSOs report discriminatory and restrictive funding practices in certain Member States;
Amendment 60 #
Motion for a resolution
Recital K a (new)
Recital K a (new)
K a. whereas civic space restrictions in neighbouring countries have also implications and impact on the state of civil society in the European Union;
Amendment 62 #
Motion for a resolution
Recital K b (new)
Recital K b (new)
Amendment 66 #
Motion for a resolution
Recital K c (new)
Recital K c (new)
K c. whereas while the spread of the Covid-19 pandemic has seen an unprecedented engagement of civil society organisations in providing solutions to the crisis and providing support to people in vulnerable situations, it has considerably impacted the right of association, assembly and expression; whereas despite their role on the ground, civil society organisations have not been consulted in the development of emergency measures;
Amendment 68 #
Motion for a resolution
Recital L
Recital L
L. whereas the right to peaceful assembly has been restricted due to necessary social distancing rules in a majority of Member States; whereas some Member States have passed laws restricting the right to peaceful assembly in the past years, also concerning permission and notification requirements; whereas in some Member States, the powers of law enforcement authorities are increasing, generating concerns over their necessity and proportionality;
Amendment 77 #
Motion for a resolution
Recital O
Recital O
O. whereas foreign funding has been the target of legal and political attacks in some Member States; whereas any restrictions imposed on civil society organisations receiving foreign funding is contrary to Union law, including the rights to freedom of association and public participation, as recently found by the CJEU1a in relation to the Hungarian law LXXVI of 2017 on the transparency of organisation supported from abroad; _________________ 1a C-78/18 European Commission v. Hungary
Amendment 88 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Asserts the crucial role played by CSOs in the realisation of EU valuesdemocratic values, equality, the rule of law and fundamental rights, and the implementation of EU law, policies and strategies; stresses their key contribution to informed public debate, articulating aspirations present in society, giving a voice to vulnerable and marginalised people, giving access to crucial services, providing expertise in policy-making, promoting active citizenship and acting as schools of democracy and indispensable watchdogs exercising democratic control over State institutions and ensuring accountability for public action;
Amendment 95 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Emphasises that for civil society organisations to thrive, civic space must be an enabling and safe environment free from undue interference, intimidation, harassment and chilling effects; reminds Member States of their positive obligation to ensure an enabling environment for civil society organisations, where they can exercise their fundamental watchdog role freely and without hindrance from both State and non-State actors;
Amendment 97 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Emphasises that for civil society organisations to thrive, civic space must be an enabling and safe environment free from undue interference, intimidation, harassment and chilling effects, such as SLAPPs, incitement to hatred and/or violence against rights defenders and organisations, and the creation of legal or administrative hurdles affecting their daily operations;
Amendment 109 #
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Strongly condemns the criminalisation of human rights defenders and organisations providing humanitarian assistance and defending the rights of migrants and asylum seekers; urges Member States to immediately put an end to the criminalisation of search and rescue activities;
Amendment 120 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Welcomes the Commission’s acknowledgement of the importance of civil society in a number of EU policies and strategies; stresseregrets, however, that the fragmented nature of this approach results in little effective improvement of the situation of CSOs on the ground;
Amendment 128 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Urges the Commission, therefore, to adopt a comprehensive civil society strategy that integrates all existing tools, fills monitoring, support and protection gaps, and gives genuine political recognition to the crucial role played by CSOs in the realisation of EUdemocratic values and policies, while clearly linking monitoring and reporting tools to enforcement mechanisms to ensure timely and effective follow-up action;
Amendment 130 #
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Recalls that the scapegoating of minorities and vulnerable groups such as women and LGBTI persons is not an isolated event, but functions as a premeditated and gradual dismantling of fundamental rights, which are protected in Article 2 TEU, constituting part of a larger political agenda which has been called ‘anti-gender’ campaigns; calls on Member States to be particularly cautious of initiatives that attempt to roll-back on acquired rights which were designed to prevent and protect persons from discrimination and to promote equality;
Amendment 131 #
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Calls on the Union to ensure consistency of its internal and external policies as regards protecting and enabling civic space, including by adopting internal guidelines on human rights defenders that would mirror the ones applying to EU external action;
Amendment 138 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Stresses that the ability of CSOs to act depends on the existence of an enabling legal and political environment, in particular on the exercise of freedom of association, peaceful assembly and expression and the right to public participation; urges Member States to guarantee the exercise of these rights in conformity with international standards;
Amendment 144 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Considers that the contribution of CSOs to the single market and the social economy, as well as their role in the realisation of EU values and policies, is a strong argument for removing the barriers to their operations at EU level; calls on the Commission, therefore, to propose legislation to approximate Member State laws in this regard;
Amendment 154 #
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
Amendment 156 #
Motion for a resolution
Paragraph 9 b (new)
Paragraph 9 b (new)
9 b. Calls on the Commission to use its powers under the Treaties to propose EU legislation to fill gaps and address challenges facing civil society actors across the Union, including minimum standards on the registration, operations and financing of CSOs and procedural safeguards against SLAPPs, and to provide guidance on how to use EU law to better protect civil society;
Amendment 160 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls on the Member States to limit peaceful assemblies onlyrespect and facilitate the exercise of the right to peaceful assembly, which can only be limited in exceptional circumstances if strictly necessary and in a proportionate way; condemns any unnecessary use of force against protesters, as well as their criminalisation, prosecution and surveillance; calls on the Commission to issue guidelines for the protection of freedom of peaceful assembly;
Amendment 170 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Condemns any threats and attacks perpetrated on CSOs by state actors; equally condemns all instances of attacks and threats perpetrated by non-state actors, including, but not limited to SLAPPs, and condemns the failure of state actors to protect CSOs and human rights defenders against such attacks and threats;
Amendment 177 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. Urges Member States to unequivocally condemn such acts, adopt preventive measures and systematically, promptly and independently investigate any related allegations;
Amendment 185 #
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14 a. Restates that no proper response has yet been given to Parliament’s initiative on the establishment of an EU mechanism on democracy, the rule of law and fundamental rights to be governed by an interinstitutional agreement between Parliament, the Commission and the Council; calls on the Commission and the Council to immediately enter into negotiations with Parliament on an interinstitutional agreement pursuant to Article 295 TFEU; recalls that the monitoring of civic space is deeply linked with democracy and fundamental rights, and that a mechanism to monitor Article 2 TEU values is the best tool for a holistic approach in such respect;
Amendment 187 #
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14 a. Urges the Commission to use its enforcement powers against Member States which unduly restrict civic space in violation of EU laws, including through infringement proceedings and the Rule of Law Framework; calls on the Commission to ensure civil society's active participation and meaningful contribution to these processes;
Amendment 197 #
Motion for a resolution
Paragraph 15
Paragraph 15
15. Urges the Commission to propose a comprehensive set of measures and recommendations to ensure long-term financing for CSOsand predictable core financing for CSOs, including the funding of their operational activities related to advocacy and monitoring; stresses the importance of securing complementary sources of funding; emphasises that public funding should cover all types of civil society activities;
Amendment 207 #
Motion for a resolution
Paragraph 16
Paragraph 16
16. Is gravely concerned by the emergence of GONGOs and related undemocratic, discriminatory and often opaque public funding practices; warns against their detrimental effect on pluralism and diversity within civil society, the perceived legitimacy of CSOs and hence on citizens’ willingness to engage in active citizenship; calls on Member States to investigate and take action against groups instigating hate; urges the Commission to address allegations of unequal distribution of EU funding to civil society organisations in the context of the implementation of the Rule of Law Conditionality Regulation;
Amendment 216 #
Motion for a resolution
Paragraph 17
Paragraph 17
17. Welcomes the adoption with an increased budget of the Citizens, Equality, Rights and Values Programme; calls on the Commission to actively consult CSOs in the definition of work programmes and funding mechanisms so as to ensure transparency, flexibility and user- friendliness; welcomes re-granting mechanisms in the Union Values strand; calls for specific emergency funding and practical support for civic actors and human rights defenders at risk;
Amendment 219 #
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17 a. Considers that budgetary support for civil society organisations should not only be foreseen, but also promoted and supported in all EU programmes; regrets that the European Recovery Package did not target specifically civil society organisations in addition to business and small and medium companies; calls on the Commission and Member States to ensure that CSOs are involved throughout the implementation and the monitoring of the National Recovery and Resilience Plans and of other funds under shared management; calls on the Commission to ensure that independent civil society organisations are not negatively impacted by the withdrawal of funding under the regulation in cases where there is a suspicion that EU funds could have been misused by a member state, by providing for specific modalities to channel funding to CSOs adapted to the environment in which they operate;
Amendment 230 #
Motion for a resolution
Paragraph 18
Paragraph 18
18. Urges the Commission to ensure that EU funds earmarked to support civil society are only awarded to organisations that are strictly independent from any government and fully adhere to EU valuedemocratic values and fundamental rights;
Amendment 237 #
Motion for a resolution
Paragraph 19
Paragraph 19
19. Condemns attempts by certain Member States to impose limitations on foreign funding and the related political narratives they have promulgated and measures they have taken with the aim of stigmatising CSOs; recalls that international standards on freedom of association require authorities to apply a presumption in favour of CSOs' liberty to seek and receive funding from any source and of the legality of their activities, with restrictions being possible only in cases of a serious threat to national security or public order, subject to the principles of necessity and proportionality; calls on the Commission to conduct a mapping of foreign funding restrictions across the Union with a view to ensure that the principles reaffirmed by the CJEU in case C-78/18 Commission v Hungary are effectively respected in all Member States;
Amendment 255 #
Motion for a resolution
Paragraph 21
Paragraph 21
21. Stresses the importance of civil dialogue in informed policy-making and emphasises that the privileged position of CSOs in contact with citizens, and theirCSOs play a key role as intermediaries between citizens and authorities at all levels, by ensuring a structured dialogue, and empowering those furthest away to participate and voice their concerns, while expertcise, confers on them a key role in civil dialogue; ing democratic control over and ensuring accountability for public action;
Amendment 266 #
Motion for a resolution
Paragraph 22
Paragraph 22
22. Regrets that civil dialogue often remains an ad hoc process; calls on the Member States to develop coherent policy frameworks that ensure structured, predictable and long-term processes, inclusive participation and systematic review; calls on the Commission to provide recommendations prepared in close cooperation with civil society based on the analysis of existing practices;
Amendment 269 #
22 a. Considers that all EU institutions must review their terms of engagement with CSOs in line with Article 11 to ensure an open, transparent, meaningful and regular dialogue with civil society, on an equal footing with other stakeholders; calls for an interinstitutional agreement on civil dialogue between all main institutions covering all areas of Union policy;
Amendment 276 #
Motion for a resolution
Paragraph 23
Paragraph 23
23. Welcomes the attribution to a Commission Vice-President of the responsibility to maintain an open, transparent and regular dialogue with civil society; stresses that civil dialogue should be further operationalised; invites the Commission to set up within each Directorate General specific focal points for civil society to be in close contact with the Vice-President and the coordination of the Secretariat General; invites the Commission to set up a participatory status with civil society;