Letter to heads of conservative parties after attack on German NGOs

____________

To the
Executive Committee of the
CDU/CSU parliamentary group in the German Bundestag
Friedrich Merz, Alexander Dobrindt

Platz der Republik 1
11011 Berlin

Berlin, 5 March 2025

Dear Mr Merz, dear Mr Dobrindt,

On 21 February 2025 [just two days before the German federal elections], the CDU/CSU parliamentary group submitted a "minor interpellation" [in German] to the Federal Government requesting information on the possible partisanship of 17 German non-governmental organisations including questions hinting at state funding being used for party affiliated political activities.

The enquiry has caused considerable and ongoing protest in the German public. The parties' initiative raises questions in civil society on an international level, which has just been hit to the core by the US administration's disastrous funding freeze. It puts a question mark to the resilience of the future German governing parties when it comes to promoting democracy and protecting independent civil society. It reminds of the tactics of [German right wing populist party] AfD that repeatedly targets organisations opposing its authoritarian understanding of politics with comparable requests at both state and federal level.

German organisations promoting democracy and cooperating with independent civil societies internationally (including the CDU-affiliated Konrad Adenauer Foundation and the CSU-affiliated Hanns Seidel Foundation) are well aware that such a general attacks spread mistrust and cast doubts on civil society actors.

It is a well known pattern in authoritarian States such as Azerbaijan, Belarus, Russia to accuse non-governmental organisations of using state funding for political activities. This argument lays the grounds for restrictive laws regulating civil society work in the region. In many cases, the enactment of such laws has led to the destruction of independent social spaces, the imprisonment of critics and representatives of CSO on a local level. In EU member states such as Hungary and Slovakia The consequences of excessive state control of social activity can also be seen in EU member states such as Hungary and Slovakia. It is fatal if future German governing parties are applying comparable tactics and arguments in Germany today, thus implicitly legitimising the actions of authoritarian regimes. Europe is watching!

We stand in solidarity with the organisations affected by the minor interpellation. The CDU/CSU parliamentary group should not negligently jeopardise Germany's reputation as a strong partner of domestic and international democratic civil society - especially after the discontinuation of US support. We expect the CDU/CSU parliamentary group to adhere to existing international legal standards and conventions and to continue its support for civil society organisations.

Yours sincerely

Austausch e.V.
Boris Nemtsov Foundation for Freedom gGmbH
Civil Society Forum e. V. (board)
CISR e.V.
Comoon e.V. (board)
Coopera e.V. (board)
Dialogue for Understanding e. V.
Deutsche Gesellschaft für Osteuropakunde e.V.
Europäischer Austausch gGmbH
Gesellschaft für bedrohte Völker e. V.
jinn gGmbH
Libereco – Partnership for Human Rights e.V.
MEMORIAL Deutschland e.V. (board)
n-ost e.V.
OWEN e.V.
Science at Risk Emergency Office / Akademisches Netzwerk Osteuropa, akno e. V.

Background information

Accusing non-governmental organisations of political activities is a well known pattern which has been repeatedly debated by academics and judged by courts. The Association of German Foundations or the Maecenata Foundation, for example, unequivocally support the political freedom of opinion and action of non-profit organisations within the scope of their statutory purpose. They emphasise that under current law, non-profit organisations are generally permitted to make political statements and that ‘the principle of party-political neutrality must not be misunderstood as a requirement for political restraint’.

The state's mandate to protect the autonomy of civil society activities is also reflected in the international context. In recent years, the Venice Commission of the Council of Europe has spoken out clearly against unjustified state restrictions on civil society activities in response to repressive draft laws in Bosnia-Herzegovina, Georgia, Serbia, Slovakia and Hungary.

In its groundbreaking and detailed Recommendation CM/Rec(2018)11 on strengthening and protecting civil society space in Europe, the Committee of Ministers of the Council of Europe called on member states not to restrict the right of human rights defenders and civil society organisations to use international and domestic financial sources for their purposes.

Last not least the UN stated in Article 13 of the 1998 Declaration on the Protection of Human Rights Defenders that everyone has "the right, individually and in association with others, to solicit, receive and utilize resources for the express purpose of promoting and protecting human rights and fundamental freedoms through peaceful means".