Repubblika says civil society cannot be regulated without being heard

Civil society group Repubblika has raised concern over reports that Parliament will soon debate changes to the law governing voluntary organisations, even though civil society groups have not yet seen the proposals the government appears ready to bring forward.

"Voluntary organisations are not simply service providers or agents carrying out work handed to them by the State," the NGO said. "Many of them also have the essential role of criticising, challenging and holding public authorities to account on behalf of the public."

They said that two years ago, the government published a White Paper with principles in this area, and the Commissioner for Voluntary Organisations held consultations. However, there was no direct communication with responsible ministers about the law now reaching Parliament or feedback on consultation suggestions.

The NGO criticised Parliament for discussing a law that the public had not seen, after hearing about it from the prime minister in an interview on the Labour Party’s Radio Station. "This is not acceptable," it said.

On Sunday, Prime Minister Robert Abela announced that parliament will reopen on 20 June following the casual election, just 21 days after the general election, marking the shortest interval on record.

Repubblika stated that a free, independent, and critical civil society is vital for a healthy democracy, and its legal framework should ensure transparency, consultation, and public participation.

Whatever the government's intention, it said, there could be no risk that changes made without proper scrutiny might end up reducing, limiting or weakening civic space, whether by design or not. Such risks could only be assessed if the proposals were known and discussed before Parliament was asked to approve them.

Repubblika stated that this reflected a broader pattern in government law-making, where laws are often drafted in secret and presented to Parliament without public input, reducing consultation to a mere formality rather than a meaningful dialogue that enhances legislation.

The group raised similar concerns about another law it said was at the top of the government's parliamentary agenda: the setting up of a national human rights institution.

Repubblika and civil society groups have long called for an independent human rights institution in line with the Paris Principles, as recommended by the European Commission and others. Many proposed laws have been introduced, but the public still hasn't seen or discussed the government's upcoming law.

The NGO said the bill should be published immediately for public consultation before Parliament debates it. It reported making this appeal directly to government officials last December during talks organised by the OSCE's ODIHR.

The NGO had learned that the government was drafting a bill and had requested to be consulted, but its request was ignored.

Once a law reached Parliament, Repubblika said, public consultation was effectively over: the public was then invited to react to a text the government had already decided to present, rather than help shape it. Laws affecting people's rights, freedoms and institutional safeguards should not be put forward as done deals.

It was significant, the NGO added, that these legislative priorities had been announced through a controlled interview on party media, rather than in a setting where journalists could request copies of the bills and ask questions on behalf of the public.

Repubblika said the government should publish its proposals on the voluntary organisations law and on the national human rights institution without delay and allow enough time for public discussion before Parliament dealt with them, so the process could benefit from the input of those who would be directly affected.

“It was not a democracy when the laws governing civil society and the laws meant to protect people's fundamental rights were drawn up without the involvement of those affected by them,” they said, “the public should be part of the law-making process before Parliament is asked to approve it.”