Effective advocacy: push back against undue counter-terrorism restrictions

For each problematic justification for a restriction you wish to address, consider the following:

• Who is putting forward the justification for the restriction? What is their goal? Did they develop this rationale or are they repeating information from another source? Who are these other sources? Asking these questions helps identify the targets of your advocacy. 
• What type of activities are affected by the restriction? Who is targeted and who is impacted? Asking these questions helps show unintended consequences and identify advocacy targets and potential allies. 
• What is the legal form of the restriction? (i.e. law, regulation, donor rule, policy directive). What legal authority for the restriction is claimed? (i.e. statutes, regulations, court decisions, national risk assessment, FATF standards, UN sanctions, regional agreement). Asking these questions helps determine what kind of official action is needed to solve the problem.  
• What evidence is being offered as justification? What information and evidence can you use to refute it? Asking these questions helps build a stronger case for your advocacy, grounded in factual information and counterarguments.

• Develop a rationale for change: start from your mission and demonstrate how the desired change enhances your capacity to achieve it, all while mitigating risk and adhering to the principles of IHL/IHRL. 
• Tie your principles and rationale to a comprehensive analysis of areas where the restriction has negative impacts on your work. This analysis should include a context-specific assessment of root causes of conflict as well as the social and economic aspects, stakeholders and other factors. See the Resources section for background and toolkits to assist with conflict analysis. See an example from Myanmar or head to the Stories section to hear from the CSOs who are pushing back . 

• When setting goals, keep in mind the likely need to address long-term structural issues that affect CSOs, as well as addressing the immediate problematic CTMs. For example, while some short-term relief may come from relatively narrow humanitarian exemptions and exceptions, without addressing the underlying structural flaws in bad laws, the core problems can persist.
• Establish a strategic relationship between the short-term and long-term goals and consider how working on your short-term goals will help achieve long-term ones.  
• Watch for opportunities from unanticipated events and take advantage of them. 
• When a crisis occurs, use this moment  and attention of the issue, to reshape people’s thinking and improve the situation. See for example, an insight from Ukraine in the Stories section.

• Determine what specific change you need and identify who has the power to make that change, this may be more than one official or regulatory body. Set a general strategy for how you will convince your target to make the change needed, including how you will frame your messages.  
• Identify a relevant government process to engage in, such as the national terrorism financing risk analysis process, a public comment period on a regulation, upcoming FATF evaluation process, debate on pending relevant legislation, etc. In cases where autocratic governments are hostile to civil society and make national level advocacy unlikely to succeed, you can engage with international bodies like the FATF and UN that can apply pressure through evaluations. (See the Global NPO Coalition on FATF for more information on engaging at the international level).  
• Determine the  tactics that are most likely to be successful and how they will interact with each other. For example, publish a study to call attention to the problem, then request a meeting to brief a key official on the findings and recommendations in the study and discuss what they can do. 
• Consider your capacity when setting and implementing strategy, as organisations will have different levels of resourcing and access. A great place to start is by gathering information and building relationships with other organisations that are experiencing similar issues. An example of where this type of information sharing can take place is via the Global CFT Expert Hub.

• Access where your interests with each target/priority audience intersect. Consider what outcomes benefit you both, even if your motivations differ. 
• Identify who will participate in meetings (your delegation), based on who can articulate your points, who will be seen as credible to your audience and who can speak to direct experience of the negative impacts of restrictions. 
• Be sure your delegation is clear on the purpose of a meeting or engagement, what you want to achieve and the plan for the meeting. 
• Develop top-line talking points that address the big picture and show the need to protect civic space and human rights.  
• Be ready to cite concrete examples of both the issues faced, and alternative approaches.

• Find allies who support your mission and goals.   
• Reach out to non-security officials with a stake on CT policy: foreign policy and diplomats, aid and development officials, human rights officers and financial intelligence units that understand risk-based approach. 
• Be present in events and other places, where relevant issues are discussed. Raise civil society concerns in dialogues, Q&A sessions and in informal networking. If you are invited to events, aim to bring in other organisations with a similar goal (especially those who may themselves have less reach). 
• Build relationships with key stakeholders and decision-makers. 
  
   

• Target decision-makers who have the power to make needed changes, this can include i emerging political leaders. 
• Identify what moves your audience and connect it to your agenda. 
• Speak in the language/terminology your audience uses: present your points in terms that will be familiar and within their area of expertise. 
• Don’t talk too much: make presentations short and then engage in conversations. 
• Invest in developing communications skills.
  
   

Consider who can be the most effective messenger for each target, whether it is one person or a team. Types of representatives include: 

• People with good communications skills (not necessarily technical experts). Advocates with a specialty role can supplement primary presenters. 
• Validators: former officials, recognised experts and other influential people who will support your proposal and validate your concerns. 
• Operational program staff who can speak to experience in the field. 
• Organisational leadership: brining in leaders can flag the seriousness of the situation. 
• Policy analysts and researchers: they are able to bring data and evidence. 
• Religious leaders: think about whether this may be most convincing in your context?
• Constituents of elected officials: this can flag to officials that this is what voters want. 
• Broad based coalitions: a wide range of organisations all asking for the same outcome can be convincing.

• Craft your POP (purpose-outcome-process): before a meeting make sure your delegation has discussed the purpose of the meeting, what outcomes you would like to achieve and the process for achieving them. 
• Be ready to respond to difficult questions and problematic rationales you expect to encounter. Read more on this in the flawed justifications and counterpoints section of this learning package. 
• End meetings with a concrete next step, even if it is just “we will send you additional information to help answer your questions.” 
  
   

• Consider how reports, research and messages can be coordinated to reinforce each other. Can main points from these be usefully summarised?
• Letters to officials: consider sign on from many organisations or influential people, or just from your organisation. 
• Media: consider getting stories in media that decision-makers will see and remember.  
• Coordinate in-person and remote events, such as meeting with an official in their office; discussions at roundtables and events; informal discussions; and engaging international organisations or bodies to help send the message.