A/HRC/32/20
III. Conclusion
82.
The exercise of public freedoms, which is quintessential for civic activity, is
among the most important investment policies for prosperity, stability and peace. As
the Secretary-General noted in his statement, made on 15 September 2015 on the
occasion of the International Day of Democracy, progress and civic participation go
hand in hand; a confident nation gives citizens a say and a role in the development of
their country. Governments on their own do not have all the answers, and it is in their
interest to dismantle barriers to the exercise of public freedoms to make it easier to
unleash the creativity and ingenuity of civic activity to produce solutions.
83.
The five key elements to create and maintain a safe and enabling environment
for civil society are: a robust legal framework that is compliant with international
standards as well as a strong national human rights protection system that safeguards
public freedoms and ensures effective access to justice; a political environment
conducive to civil society work; access to information; avenues for participation by
civil society in decision-making processes; and long-term support and resources for
civil society. By creating such conditions, Governments, the international community
and other stakeholders will be better positioned to foster a climate of trust and
cooperation in the interest of all people, at the local, national and global levels.
IV. Recommendations
A.
To Member States
84.
In the context of a supportive legal framework and access to justice, Member
States should:
(a)
Protect, by law and in practice, those rights that are necessary for civil
society actors to operate, including the rights to freedom of opinion and expression
and peaceful assembly and association and the right to participate in public affairs,
including online;
(b)
Review and repeal or amend all legal provisions that impede the free and
independent work of civil society actors; ensure that all legislation affecting their
ability to work complies with relevant international human rights laws and standards
and with the Declaration on Human Rights Defenders; and use, among other tools,
indicators on the exercise of public freedoms developed by OHCHR;68
(c)
Allow unregistered associations to operate and provide for minimal legal
and administrative provisions that favour simple notification to an independent
administrative body and accessible to all at little or no cost;
(d)
Ensure access to justice through an independent and effective judiciary,
as well as access to national human rights institutions that conform to the Paris
Principles and to regional and international human rights mechanisms;
(e)
Introduce systems for co-regulation or self-regulation in areas where
civic space issues can be managed by civil society organizations;
68
A list of illustrative indicators on freedom of opinion and expression and the right to participate in
public affairs can be found in Human Rights Indicators: A Guide to Measurement and
Implementation (New York and Geneva, OHCHR, 2012). See also
www.ohchr.org/EN/Issues/Indicators/Pages/HRIndicatorsIndex.aspx.
17
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