Draft Law Attacking Civil Society in Greece
RSA comments on the “promotion of legal migration policies” bill
The new proposal of the Greek Ministry of Migration and Asylum attempts particularly worrying breaches of international, EU and domestic law, and a direct attack against civil society. These are introduced in provisions bundled in a bill on “promotion of legal migration policies” without a detailed or substantiated explanatory memorandum.
Over at least the past five years, the European Commission, the Council of Europe, the UN and other reputable bodies have made constant recommendations to Greece to put an end to arbitrary restrictions on the work of civil society active in the field of migration and asylum. The Greek Council of State, the highest court of the land, has yet to decide on the legal challenge brought in 2021 against mandatory requirements for registration on the “NGO Registry” and “NGO Members Registry” enacted by that same Ministry. It is against this backdrop that the bill targets the main representatives of civil society through:
- Unprecedented, unconstitutional criminal provisions establishing special offences for reasons of membership of a non-governmental organisation (NGO).
- Stricter bars on registration on the NGO Registry, while largely maintaining a flawed registration framework and unfettered discretion on the Minister of Migration and Asylum to define additional terms and conditions of registration.
- Blanket exclusion of NGOs and charitable foundations from the possibility to enter into programme contracts with the Ministry of Migration and Asylum.
These provisions must be withdrawn. The Greek state must pressingly deliver a radical rethink of the regulatory framework imposed on civil society organisations following a thorough assessment and consultation that respects international, EU and constitutional standards, including freedom of association, freedom of expression, the right to private life and data protection, and non-discrimination. This is a necessary step to remedy the longstanding discriminatory treatment afforded to civil society assisting refugees and migrants in Greece.
Refugee Support Aegean (RSA) has submitted comments in the public consultation of the bill that offer our analysis of the above provisions and other selected articles.
