Compliance of Russian Law on NGOs with International Standards

Introduction

A recent judgment in a case involving non-governmental organizations (NGOs) and freedom of association has shed light on the compliance of certain laws in Russia with European and international standards related to this fundamental right.

Key Issues with the Law

Overly Broad Provisions

• The law aims to regulate foreign influence on NGOs, but its provisions are overly broad and could affect entities that do not engage in political activities.
• This breadth of application raises concerns about the potential stifling of legitimate activities by NGOs.

Arbitrary Link between Income Source and Foreign Interests

• The link between the source of income and the pursuit of a foreign power’s interests is arbitrary and cannot be justified.
• Such an approach may lead to unintended consequences, including the targeting of organizations that are not actually pursuing foreign interests.

Problematic Definition of Organizations Pursuing Foreign Interests

• The definition of an organization pursuing an interest of a foreign power is problematic, as it includes entities that may not necessarily pursue those interests.
• This ambiguity can lead to confusion and uncertainty among NGOs about what constitutes acceptable activity.

Stigmatization and Restriction of NGO Activities

• The law’s provisions could stigmatize NGOs and restrict their activities, which is inconsistent with European and international standards on freedom of association.
• Such restrictions may undermine the ability of NGOs to operate effectively and pursue their missions.

Conclusion

The judgment highlights concerns about the compliance of certain Russian laws with European and international standards related to freedom of association. The issues raised by this case emphasize the need for a more nuanced approach to regulating foreign influence on NGOs, one that balances legitimate concerns with the rights and freedoms of these organizations.