Chair Cardin Remarks at Hearing on Tools of Democratic Repression

WASHINGTON – Today, U.S. Senator Ben Cardin (D-Md.), Chair of the Senate Foreign Relations Committee, delivered opening remarks at the full Committee hearing, “Anti-NGO Laws and Other Tools of Democratic Repression.” In his remarks, Chair Cardin underscored the growing threat to democracy around the world through tools of democratic repression and anti-NGO laws. He urged his colleagues on both sides of the aisle to come together to help protect the core values of our democratic institutions.

WATCH THE CHAIR’S OPENING REMARKS HERE

A copy of the Chair’s remarks, as delivered, have been provided below.

The hearing today is on anti-NGO laws and other tools of democratic repression. And we thank our witnesses for being here today to share their expertise and knowledge and to help us deal with this extremely important subject, a trend that we’ve seen growing that is adding to the concerns of backsliding of democratic states.

The use of defamation laws, foreign agent registration laws, and anti-NGO laws, to silence free speech is nothing new. We see it in Russia, Nicaragua, and Uganda, whose leaders have long used these tools to target journalists, judges, civil society activists, and opposition political figures to consolidate power and silence dissenting voices and views.

Ethiopia shuttered over 1,500 civil society organizations for failing to submit their annual reports. Uganda’s horrific new law targeting LGBTQI+ individuals has resulted in mass evictions, violence, and arrests. India over the years has weaponized its Foreign Contribution Regulation Act to suspend several American and international NGOs’ operations in the country, including respected human rights organizations like Amnesty International. And, Hungary launched an investigation into Transparency International, a non-governmental organization that takes on corruption worldwide. 

Of course, the Chinese Communist Party in Beijing is expert at using so-called legal mechanisms to silence citizen and critics alike. Nowhere has this been more on display than what has occurred in Hong Kong in recent years, as the passage of the National Security Law and entry into force of Article 23 destroyed what remains of Hong Kong’s democracy.

But in recent years, we have also seen more and more nations that we would consider mostly democratic or partially-free, turning to these laws as tools of repression. It is deeply concerning that democracies from Georgia to India to Turkey have used their legal systems against journalists, opposition politicians, human rights defenders, and civil societies.

So, I want to thank our witnesses for appearing before us today to discuss this important topic. You have all done impressive work in this space. I want to acknowledge that many of these laws are totally legitimate. There are reasons to register foreign agents, to protect individuals from defamatory attacks, to require that NGOs pay fees or taxes on time, or to use INTERPOL red notices to track down fugitives and criminals. Now, you might hear some of these actors claim, ‘We’re not anti-civil society. Don’t you have to register 501(c)(3) laws in the United States?’ Yes, but of course the problem is when these laws are turned into tools of repression and intimidation.

Those in power know the effects of these tactics. They have led to drawn-out and expensive proceedings. The heavy financial and psychological costs of these ‘legal’ measures on their targets creates a chilling effect, silencing government critics and stifling democratic dissent. That is why, as Chair of this Committee, I have made a concerted effort to counter these trends. The Human Rights Defenders Protection Act, which I introduced this year; The Transnational Repression Accountability and Prevention Act, which was enacted last year; The International Freedom Protection Act, which the committee has reported out; and of course, the Global Magnitsky Human Rights Accountability Act.

Since the Global Magnitsky sanctions program went into effect in 2017, the United States has sanctioned over 650 foreign persons and entities. Congress, acting on bipartisan basis, has made huge impacts in supporting and defending human rights.

The United States and the international community have certainly taken important steps to address these challenges. I’m very supportive of programs like Reporter’s Shield, Journalists in Distress Network, Scholars at Risk, and the Lifeline Embattled CSO Assistance Fund. These all are critically important. But we need to do more, and time is of the essence.

For so many years, the Republic of Georgia has been a bright spot in the former Soviet Union. But just this April, despite massive street demonstrations, the government passed a foreign influence registration law that goes into effect this fall.

Amazingly, this law is modeled after a Russian law; and considering what Russia has done to Georgia, it is unbelievable that they would follow that path, that allows the government to target nonprofits and activists. It intends to intimidate and ultimately force the closure of civil society voices that are out of step with the government. The sponsors of the law in the governing Georgian Dream political party have been very clear about their intentions, and about which civil society actors they perceive as enemies. 

The poster behind me shows a bank of posters hung in front of one of our witnesses’ home, Eka Gigauri. She has to face that every morning when she walks out of her house. Similar posters have been placed in front of Transparency International Georgia offices. These posters say, ‘Our homeland is not for sale,’ calling into question the loyalty of the people who are advocating against these repressive laws. A statement intended to impugn and label NGO leaders as foreign agents.

Congress—and this Committee in particular—has a responsibility to take bold legislative action that confronts the use of these laws head-on and to support the bold activists that are determined to hold onto democracy. Today, in my office I’m releasing a video showcasing the incredible stories and work of human rights defenders—courageous people from Uganda, Venezuela, Burma, and Colombia—who are speaking out in order to hold their governments accountable. I encourage you to visit the Senate Foreign Relations Committee website and our Twitter account @SFRCDems to watch the video.

I hope my colleagues on both sides of the aisle will work to protect the essential elements of liberal democracies—freedom of speech, freedom of assembly, media freedom, and religious freedom.

I look forward to hearing from our witnesses their assessment of our efforts in this regard so far, and suggestions of how we can be more effective in the years to come.

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