OSI Position on “Democracy Promotion”

This paper sets out the position of the Open Society Institute (OSI) and its related foundations on what is some times referred to as “democracy promotion.” We present both the guidelines which OSI follows in its own operations and grantmaking and the views of OSI as to what governments should do to best promote democracy and respect for human rights abroad.

OSI works to promote open societies around the globe including in Europe and the United States. It does so primarily by supporting over the long term individuals and groups working to establish or improve an open society in their country. In deciding which groups or individuals to support and for what purposes, OSI seeks guidance from local advisors. Often this is done by supporting the creation of a local foundation with a local board and staff which work according to their own priorities. Some of the activities that OSI often supports—such as promoting open, inclusive and accountable governance practices at all levels of government, promoting a vigorous civil society, promoting a free press and freedom of information, creating an accountable police force or supporting an independent judiciary—may be considered “democracy promotion” activities,. From OSI’s perspective, these are essential elements of an open society.

We ground our support for democracy in international law. The Universal Declaration of Human Rights (UDHR) guarantees the right to take part in representative government (Article 21) and this is also guaranteed in the International Covenant on Civil and Political Rights (Article 25). The UN Charter says that member states pledge to take joint and separate action to promote human rights and fundamental freedoms, (Article 56).

OSI believes that there is now an international norm that guarantees the right of individuals and groups to seek information and support from groups both within their borders and beyond for peaceful humanitarian, educational or civic purposes, as they strive to establish or strengthen an open society. The UDHR guarantees the right to receive and impart information and ideas regardless of frontiers. (Article 19). In 1998, the UN General Assembly adopted—with the active support of democracies and the human rights community—a declaration on human rights defenders which states that, “everyone has the right, individually and in association with others, to solicit, receive and utilize resources for the express purpose of promoting and protecting human rights and fundamental freedoms through peaceful means.”

OSI provides such support in a manner consistent with that right. It may also provide support to groups opposing actions by governments that significantly interfere with this right. We believe that governments may require that such aid from foreign governments be publicly disclosed and may regulate assistance from abroad in reasonable ways that ways that do not impinge on the exercise of an individual's freedom of association and expression and do not do not create an undue burden for civil society.

OSI may provide support for groups working to facilitate or monitor free and fair elections in such areas as simplified registration, non-partisan training or provisions for poll watchers. However, under no circumstances will OSI provide support to a political party or provide support to a candidate in an electoral contest or otherwise take sides in an election. We believe it is legitimate for governments to prohibit such support from abroad for political candidates or partisan political activity, but do not believe that there should be prohibitions on foreign support for non-partisan organizations engaged in non-partisan efforts to improve electoral practices.

OSI believes that democratic governments have a right and an obligation under the UN Charter to assist those seeking to promote human rights and fundamental freedoms, including the right to representative government. However, governments should not use force, except when specifically authorized by the United Nations Security Council under Chapter VII of the UN charter, to promote or protect democracy. Democracy assistance should be provided by governments to civil society only when sought by indigenous groups. Governments should not provide support to candidates for office or for partisan groups in another country or otherwise take sides in an election.

Democratic governments should support efforts to strengthen and codify the international norms supporting the right of civil society to receive information and support from abroad pursuant to reasonable regulation, and should observe these norms in dealing with their own civil society. They should also assist, as appropriate, those resisting onerous regulation of or prohibition of such assistance by their government.