A/HRC/32/20
Finland, online notification is sufficient to register a civil society organization9 and
unregistered organizations operate freely, in line with recommendations of United Nations
experts.
17.
Systems for self-regulation or co-regulation have been developed or are being
piloted in Norway and the Netherlands, providing for civil society organizations to work
under the auspices of, and report to, umbrella organizations, which reduces the need for
administrative resources and administrative costs and favours independence.10
18.
In Mexico and Côte d’Ivoire, laws have been enacted that specifically protect human
rights defenders, drawing on the Declaration on the Right and Responsibility of Individuals,
Groups and Organs of Society to Promote and Protect Universally Recognized Human
Rights and Fundamental Freedoms, commonly known as the Declaration on Human Rights
Defenders.11 The commentary to the Declaration provides advice on how to implement the
Declaration, giving examples of good practice relevant to the creation and maintenance of
civil society space. Reports of the Special Rapporteur on the situation of human rights
defenders (for example, A/HRC/31/55 and A/HRC/25/55) provide similarly useful
guidance.
Freedom of peaceful assembly
19.
A presumption that assemblies will be peaceful, explicitly established by law, as in
Armenia and Romania, is recognized good practice,12 as are laws that specify that everyone
has the right to organize and participate in meetings and demonstrations without a permit
and that no prior authorization is required; however, where the number of demonstrators is
likely to exceed 50, notification may be required, as in the Republic of Moldova. Stewards
appointed and trained by the organizers can guide and assist demonstrators (A/HRC/20/27).
Right to participate in public affairs
20.
The constitutions of some countries, for example Ecuador, elaborate on the equal
rights and opportunities for women and men, and the collective rights of indigenous
peoples and nationalities, to participate in State institutions and political bodies. 13 Similar
provisions relate to citizens’ leading role in decision-making, planning and management of
public affairs, popular control of State institutions and audit or scrutiny of government
actions. Further, the protection of public freedoms is essential for elections to be safe, fair
and credible (see A/68/299, para. 56).
2.
Access to justice
21.
Access to justice through an independent and effective judiciary, as well as access to
national human rights institutions and to regional and international human rights
mechanisms, is integral to a supportive legal framework for civil society actors. An
9
10
11
12
13
6
Permanent Mission of Finland to the United Nations Office at Geneva. See also reports of the Special
Rapporteur on the rights to freedom of peaceful assembly and of association (A/HRC/20/27 and
A/HRC/23/39).
Civic Space Initiative.
International Service for Human Rights.
Commentary to the United Nations Declaration on Human Rights Defenders; Organization for
Security and Cooperation in Europe/Office for Democratic Institutions and Human Rights
(OSCE/ODIHR) Panel of Experts on Freedom of Peaceful Assembly, Guidelines on Freedom of
Peaceful Assembly, 2nd ed. (Warsaw, 2010).
Ombudsman of Ecuador.
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