A Tale of Two Laws

Abstract

This chapter compares recent restrictions on foreign funding or the operation of foreign NGOs in Russia and China, including the 2012 law on “foreign agents” and the 2015 law on “undesirable” organizations in Russia and the 2017 law on the management of overseas NGOs in China. Using open sources and interview data, this chapter compares the development of these laws and their impact on domestic and international civil society groups in both countries. The chapter finds similarities in their timing and motivations for national security, their intentions to shape civil society, and their use of uncertainty as a strategic tool. They differ, however, in how quickly they were created, their choice of public versus private record, and their approach to implementation and punishment. Ultimately, the findings highlight how Russia and China use these laws to repress some groups while allowing others, striking a balance between liberalization and repression.

Foreign agents or agents of justice? Private foundations, backlash against non-governmental organizations, and international human rights litigation

“…As previously discussed, the 2012 Russian Law on Foreign Agents stigmatizes and materially punishes NGOs—and as of 2020, individuals and informal organizations as well—that receive funding from abroad if they conduct any activities that could be broadly interpreted as “political” in nature (“political” was defined more specifically in a 2016 revision of the law, but arguably more broadly so that even more organizations were susceptible to the categorization) (Coalson & Balmforth, 2014; Front Line Defenders, 2016; Human Rights Watch, 2018; Meduza, 2020). The law requires such organizations to identify themselves as “foreign agents” on all public materials, to fulfill onerous reporting requirements, and—for those that have lost administrative court cases for violation of the law—to pay steep fines to the Ministry of Justice (Plantan, 2020a, pp. 173–4; Dixon, 2021).…”