The National Agency on Corruption Prevention has prepared a new Draft Law on Lobbying. The bill regulates a wide array of activities related to influencing policy changes, including lobbying and advocacy. It requires lobbyists/advocates to register in the Transparency Register, and creates additional administrative pressure by obliging them to submit detailed annual reports on the top of their existing requirements to state authorities. The only activities the bill exempts from its scope are public consultations, citizens’ appeals and access to information requests.
The draft law might negatively impact Ukrainian civil society's ability to take part in public life
Civil society is concerned that with advocacy too broadly defined, the proposed measures would violate their right to participation and freedom of association and expression. Any measures to regulate lobbying should be risk-based, and proportionate, and consider the impact on civil society and their fundamental rights and freedoms. The new bill may have a damaging impact on civil society's ability to participate in decision-making, similar in effect to the foreign agent laws. It resembles bills registered in the Parliament in 2020, which were then rejected by the parliamentary committee due to their unconstitutionality.
The Draft Law is contrary to key international and European standards
International human rights standards provide safeguards for individuals and civil society to take part in the conduct of public affairs by exerting influence through public debate or through their capacity to organise themselves. Such participation for changes in policy and law should not be seen as inadmissible or unlawful. However, under the Draft Law, it would only be lawful if the organisation has registered to the Transparency Register.
The Draft Law is contrary to the core mission of civil society and the way they work
See below some scenarios on how the Law, if adopted, would affect core CSO activities in practice.
- A CSO is organising a conference on the reconstruction of the country and the legal measures required. It invites the representatives of ministries to discuss how civil society can support the process. According to the Draft Law, CSOs inviting an object of influence (such as high-level representatives of ministries) to participate in meetings, conferences, and other events is considered a method of lobbying and advocacy.
- A CSO is developing a research to promote the percentage designation mechanism that, similarly to many other European countries, would provide additional resources for CSOs to carry out their important work. At the time, there is a draft law on percentage designation being discussed at the Parliament. According to the Draft Law, development and dissemination of policy papers, opinions and analytical materials related to the subject matter of lobbying/advocacy is also considered a method of lobbying and advocacy.
- CSOs publish a statement on their websites, which they share through mass media (addressed to the general public). In this they express their concerns related to a draft law that affects their own existence and call upon the government to harmonise their law with the EU acquis to ensure the EU accession process. Such a statement would also be considered as a method of lobbying and advocacy.
Based on the Draft Law, the organiser of the conference, the author of the research and all signatories of a public statement will need to preliminary register in the Transparency Register. The National Agency will monitor compliance. Anyone can report non-compliance, which can create the culture of mistrust and fear.
Even though the law distinguishes between lobbying/advocacy and lobbyist/advocates, many of the requirements and methods are the same, and both are required to register in the Transparency Register. Such registration may also stigmatise organisations and affect their ability to seek and receive resources, because their funders, for example citizens donating to a children's rights organisation, may not want negative perception.
CSOs should be meaningfully engaged in discussions that affect their environment with sufficient time provided
CSOs sought to set up a working group to amend the concept of the Draft Law together with the National Agency – a proposal that the National Agency rejected. The Draft Law was open to comments by November 20, 2023, and despite the short deadline, a group of Ukrainian CSOs submitted amendments, proposing that the Draft Law excludes CSOs and advocacy efforts from its scope. The next meeting with the National Agency is held on November 23 to discuss civil society proposals to the Draft Law.