Spread of 'foreign agent' laws in Eastern Europe pose increasing threats to civil society

Societies thrive when everyone can work, speak out, and organise freely and safely to ensure justice and equality for all. Legislation requiring NGOs to register as ‘foreign agents’ is a barrier to this virtuous cycle. Despite the European Court of Human Rights’ 2022 ruling that Russia’s 2012 foreign agent law violated freedom of expression and association, the governments of Hungary, Georgia, Slovakia, Serbia, and Bosnia and Herzegovina have proceeded undeterred to introduce similar laws. 

These laws specifically target NGOs and not-for-profits that receive foreign funds and require them to register as foreign agents, organisations serving the interests of a foreign power, or agents of foreign influence. By doing so, they restrict the capacity of  human rights defenders to organise, participate and exercise their right to defend rights by:

• imposing disproportionately high fines and heavy sanctions to NGOs refusing to comply, which may ultimately lead to the termination of their operations 
• using vague wording, that ultimately gives too much room and power for government interpretation. For instance, the requirement for NGOs to register in official records or identify themselves as ‘agents of foreign influence’ lacks clarity and specificity.  
• increasing the burden of NGOs by introducing heavy reporting and auditing requirements. The State’s alleged need for transparency as their primary purpose can, therefore, be effectively addressed through existing legislation regulating NGOs.
• employing a negative narrative that stigmatises and delegitimises the work of the civil society organisations and human rights defenders. This rhetoric promotes hostility and distrust toward civil society and encourages attacks against defenders.

Furthermore, such laws contradict the commitments of these countries under international human rights law. Article 13 of the 1998 UN Declaration on human rights defenders recognises the right of defenders to solicit, receive and utilise resources.

Article 10 of the Declaration +25, a supplement to the UN Declaration put forward in 2024 by civil society, human rights defenders and legal experts, addresses States’ attempts to prohibit foreign contributions or impose unjustified national security limitations. It stipulates that States should not hinder financial resources for human rights defenders and outlines measures to prevent retaliation based on the source of their funding. These laws violate rights related to freedom of expression, association, and privacy, as outlined in the European Convention on Human Rights (ECHR) and International Covenant on Civil and Political Rights. Foreign agent laws also run counter to commitments made by countries at the regional level as members of the Council of Europe (CoE) and the Organization for Security and Co-operation in Europe (OSCE), including recommendation CM/Rec(2018)11, which emphasizes the protection and promotion of civil society space and OSCE guidelines for protecting human rights defenders. 

NGOs are increasingly becoming a primary target for repressive governments. According to the CIVICUS Monitor 2024 report, the countries mentioned above that have introduced ‘foreign agent’ laws have either ‘closed’ or ‘obstructed’ civil society space. In addition, the Trump administration’s rhetoric and its decision to freeze foreign aid have contributed to strengthening hostile narratives already present in ‘foreign agent laws’ in Eastern Europe and have emboldened governments in their efforts to publicly undermine these organisations.  

While the silencing of NGOs has become part of the agenda for many governments, and the rise of ‘foreign agent’ laws serves as a step towards establishing authoritarian regimes, civil society actors continue to mobilise in response. Strengthening engagement with international human rights mechanisms, fostering joint global advocacy, and providing support to targeted organisations and groups are essential steps that international NGOs and the international community should take to build resistance, reinforce coalition efforts, and protect the work of human rights defenders.

International and regional human rights mechanisms have called for governments to either repeal these laws, or not to adopt them in their current forms. On 7 February 2025, three UN independent experts issued a statement in relation to Bosnia and Herzegovina, where the government reintroduced the ‘Law on the Special Registry and Publicity of the Work of Non-Profit Organisations’ after its initial withdrawal in May 2024. The statement stressed that creating a register of non-profit organisations receiving foreign funding in one of the entities of Bosnia and Herzegovina will impose severe restrictions on NGOs and would grant government control over their operation, including the introduction of an annual inspection, with further reviews of legality of CSOs receiving foreign funding possible upon requests from citizens or relevant authorities.

In this unsupportive environment, donors have a fundamental role to play. ‘As civil society actors devise strategies to push back against these repressive tactics, private philanthropy and bilateral and multilateral donors have vital support roles to play,’ writes James Savage, who leads the Fund for Global Human Rights’ (FGHR) programme on the Enabling Environment for Human Rights Defenders. ‘They can help civil society prepare for future challenges, so that it is organised not only to respond to evolving forms of repression but also to get ahead of them by tackling their root causes,’ Savage concludes.