A/HRC/35/28
11.
The Special Rapporteur has previously described the term “association” as referring
to any groups of individuals or legal entities brought together in order to collectively act,
express, promote, pursue or defend a field of common interest (see A/HRC/20/27, para. 51;
A/59/401, para. 46). “Associations” encompass a wide variety of entities, both informal and
formal, including clubs, cooperatives, NGOs, religious associations, political parties, trade
unions, foundations, social movements and online associations. Central to the Special
Rapporteur’s understanding of civil society as espousing norms and values that promote
“good society” is the need for groups to conform to the aims and principles of the Charter
of the United Nations and the Universal Declaration of Human Rights. The Special
Rapporteur recognizes the imperative of civil society’s participation in public affairs, in
influencing and making decisions on matters that affect it, the need to include a variety of
viewpoints and the validity of different modes of expression, including peaceful assemblies.
12.
The Special Rapporteur recognizes that there are grey areas in terms of what
associational forms comprise civil society, as the dividing lines have become increasingly
blurred, depending on associations’ purposes and activities. Nevertheless, in his view, civil
society associations possess some basic commonalities: they are non-governmental, nonprofit, non-violent and volunteer-based and they pursue common interests and values in
various spheres of life, including in political, social, cultural, religious and scientific fields.
In the present report therefore, the Special Rapporteur understands civil society to be a
voluntary manifestation of associational life, with an existence and purpose that exists
outside, and is largely independent, of the State and the market; it is also inherently
collective in nature, working in various ways towards common goals that do not conflict
with the principles of the United Nations.
13.
There are different ways of perceiving “success” or “achievements”, and the Special
Rapporteur cannot and does not purport to adhere to a rigid empirical assessment of civil
society’s accomplishments. Successes can be assessed through various lenses, as evidenced
by the diverse responses to the Special Rapporteur’s questionnaire. In the report, success is
described non-exhaustively as attaining the desired result of an action or intervention; the
achievement of a goal or milestone; initiation or engagement in desirable processes with
outputs, outcomes and an impact; transformational change of structural or systemic
arrangements and one-off transactions that do not fundamentally alter the status quo; and
the maintenance of the status quo to avoid deterioration or retrogression.
14.
The Special Rapporteur draws explicit attention to the fact that civil society’s
successes or achievements, however they may be defined, must not be interpreted as a
prerequisite for its existence. Neither should they be a prerequisite for implementation by
the State of enabling policies and practices that protect the rights of all. In fact, civil
society’s achievements are all the more remarkable considering the odds and challenges
that civil society faces in many countries and contexts. Despite an ongoing and explicit
rhetorical focus on “supporting” and “strengthening” civil society on the part of States and
multilateral institutions, including the United Nations and regional human rights systems,
the Special Rapporteur has observed the narrowing of political space for civil society. Laws
and policies that constrain civil society, most often through direct attempts to unduly
restrict the rights to freedom of peaceful assembly and of association, have flourished.
Stigmatization, undue barriers to funding, and the wilful misapplication of antiterrorism and
other legislation are tactics that have been applied by States to control and restrict the
actions of civil society. Yet, civil society resists, persists, builds resilience and strives to
reach its transformative potential.
15.
The premise of the report is that civil society has built better communities and has
made an overwhelming contribution to the betterment of the world today. As a result, civil
society is entitled to protection and facilitation — at the very least to the same levels
accorded to other sectors.
5
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