Statement on the provisions of the draft law targeting civil society organisations
Statement on the provisions of the draft law targeting civil society organisations*
26.01.2026
The GNCHR has repeatedly highlighted the need to protect human rights defenders and to ensure an enabling environment for civil society organisations. In 2024, noting the deterioration of the situation of human rights defenders in Greece, particularly those active in the field of asylum and migration, the GNCHR, through a Statement, called on the competent authorities:
- to ensure an enabling environment for civil society organisations by removing disproportionate obstacles arising from the legislation governing the Registry of the Ministry of Migration and Asylum; and
- to refrain from targeting human rights defenders and civil society organisations, and from the possible criminal prosecution of organisations or other categories of human rights defenders for the provision of humanitarian assistance to third-country nationals or for the exercise of their professional duties (such as lawyers and journalists). The GNCHR stressed that the abuse of criminal proceedings constitutes an impermissible means of “restricting” the activities of civil society organisations. Criminal or civil sanctions of a punitive nature, aimed at discouraging individuals from participating in associations (freedom of association), amount to reprisals and shall be prohibited.[1]
Similar recommendations have been addressed to the Greek authorities in recent years by institutional bodies of the European Union,[2] the Council of Europe[3] and the United Nations.[4]
As recently as August 2025 the GNCHR, jointly with the Office of the United Nations High Commissioner for Refugees (UNHCR), expressed their “serious concern about the escalation of negative rhetoric and the increasingly hostile climate developing against refugees, migrants and the civil society organisations that support them”. They further highlighted the particular concern raised by “public statements, initiatives or informal leaks that stigmatise civil society actors or propose the imposition of punitive measures against organisations that may express different views or seek judicial protection on behalf of those they represent”.[5]
Nevertheless, the draft law of the Ministry of Migration and Asylum on the promotion of policies on legal migration, which was released for public consultation on 30 December 2025 and was already submitted to Parliament on 23 January 2026, includes a series of provisions that hamper the operation of civil society organisations and pave the way for the criminalisation of humanitarian action.
The GNCHR has submitted comprehensive observations on the draft provisions to the Ministry.[6] Inter alia, it underlines that Articles 15 and 16 of the draft law introduce felony-level criminal penalties imposed solely on the basis of an individual’s status as a member of a non-governmental organisation (NGO) registered in the Registry of the Ministry of Migration and Asylum, without providing any justification for the excessive and disproportionate criminal treatment of members of civil society organisations. At the same time, these provisions allow for the removal of a legal entity from the Ministry’s NGO Registry solely on the basis of the initiation of criminal proceedings against one of its members, that is, in the absence of any conviction by the Greek courts (not even at first instance, let alone an irrevocable judgement) and even before the case has been referred to the court. Such measures introduce excessive sanctions against this specific category of actors, in flagrant violation of the principle of proportionality and a series of rights and freedoms enshrined in the Constitution of Greece and in international treaties which lie at the very core of the rule of law, including equality before the law, protection of the life, honour and liberty of every person living within Greek territory, the right of everyone to participate in the social and political life of the country, freedom of association, the presumption of innocence, among others.
The above provisions introduce discrimination, promote biased perceptions and pose a real risk of criminalising lawful humanitarian action.
The Greek National Commission for Human Rights urges the competent Ministry to immediately withdraw the said provisions, as they contravene core rule of law principles, as enshrined in the Constitution of Greece, international and European Union law, and domestic legislation.
[The Statement in pdf file]
* This Statement was adopted by the Plenary of the Greek National Commission for Human Rights (GNCHR) on 21 January 2026. Rapporteurs: Giannis Ioannidis, First Vice-President of the GNCHR, and Alexandros Konstantinou, Chair of the Third Section for the Application of Human Rights to Aliens
[1] GNCHR Statement on Human Rights Defenders Working on Migration and Refugee Issues, 22 April 2024, https://www.nchr.gr/ta-nea-mas/1743-dilosi-eeda-gia-tous-yperaspistes-anthropinon-dikaiomaton-pou-drastiriopoioyntai-sto-prosfygiko-metanasteftiko.html
[2] European Commission, 2025 Report on the Rule of Law in Greece, SWD(2025) 908, 8 July 2025, 3 and 25-27, 2024 Report on the Rule of Law in Greece, SWD(2024) 808, 24 July 2024, 4 and 40-43, 2023 Report on the Rule of Law in Greece, SWD(2023) 808, 5 July 2023, 3 and 35-38, available here, 2022 Report on the Rule of Law in Greece, SWD(2022) 508, 13 July 2022, 3 and 26-28. European Parliament resolution of 7 February 2024 on the rule of law and media freedom in Greece, 2024/2502(RSP), paragraphs
3, 18, and 20.
[3] Commissioner for Human Rights of the Council of Europe, Memorandum on migration and border control, following the Commissioner’s visit to Greece from 3 to 7 February 2025, CommHR (2025)16, 17 April 2025, paragraphs 33-34,
[4] UN Human Rights Committee, Concluding observations on the third periodic report of Greece, CCPR/C/GRC/CO/3, November 7, 2024, paragraphs 32, 33, and 36- 37. UN Special Rapporteurs on human rights defenders, on the right to freedom of association, and on the human rights of migrants, AL GRC 2/2025, September 16, 2025. Visit to Greece, A/HRC/52/29/Add.1, 2 March 2023, available here, OL GRC 1/2021, 31 March 2021,
[5] The UN High Commissioner for Refugees and the GNCHR express concern about rhetoric against civil society, 28 August 2025, https://www.nchr.gr/ta-nea-mas/2074-i-ypati-armosteia-tou-oie-gia-tous-prosfyges-kai-i-ethniki-epitropi-gia-ta-dikaiomata-tou-anthropou-ekfrazoun-tin-anisyxia-tous-gia-ti-ritoriki-se-varos-tis-koinonias-ton-politon.html
[6] GNCHR Observations on the legislative initiative of the Ministry of Migration and Asylum entitled: “Promotion of policies on legal migration, transposition of Directive (EU) 2024/1233 on a single application procedure for the issuance to third-country nationals of a single permit for residence and work within the territory of a Member State and on a common set of rights for third-country workers legally residing in a Member State, amendments to the Migration Code and other provisions”, 21 January 2026. https://nchr.gr/images/pdf/apofaseis/prosfuges_metanastes/2026/.pdf .