A/HRC/35/28
HIV, including pregnant women who risked passing the virus to their newborn children. 83
Globally, the Clinton Health Access Initiative has used its leverage with pharmaceutical
companies to negotiate drastically reduced prices for HIV/AIDS drugs, helping to ensure
the supply of those drugs to people in lower income countries. 84
IV. Conclusions and recommendations
89.
Civil society has a long history of contributing to freedom, dignity,
development, peacebuilding and other pursuits that enhance human well-being.
However, perhaps civil society’s most important contribution has been its ability to
give people hope. While this achievement may not be quantifiable, it is the starting
point for every tangible success listed above. Without hope, there is no action and
there is no change.
90.
Unfortunately, the actions of many State and non-State actors throughout the
world today are attempting to destroy that hope, and civil society’s future
contributions are far from guaranteed. The trend for closing civic space — laws and
practices that restrict civil society’s ability to operate — is threatening to take the air
from civil society’s lungs. This is unfortunate because it is both a self-destructive and
short-sighted move, even for those orchestrating the closure. Repression today may
help a government silence a critic tomorrow or boost a business’ profits the next day
— but at what cost next month, next year and for the next generation? The present
report makes it clear that those costs would be monumental and would touch us all —
regardless of geography, gender, wealth, status or privilege. Imagine a world without
civil society. That world is bleak.
91.
In the spirit of encouraging a more hopeful future, supported by a more
vibrant civil society, the Special Rapporteur recommends that States:
(a)
Recognize in law and in practice that civil society plays a critical role in
the emergence and continued existence of effective democratic systems;
(b)
Ensure that conducive legal, political, economic and social environments
exist for civil society to freely operate, including by ensuring that the rights to freedom
of peaceful assembly and of association and other human rights are enjoyed by
everyone, without discrimination;
(c)
Ensure that civil society and private enterprises are treated equitably in
law and in practice;
(d)
Ensure that any restrictions to the rights to freedom of peaceful
assembly and of association are prescribed by law, are necessary in a democratic
society, are proportionate to the aim pursued and do not conflict with the principles of
pluralism, tolerance and broadmindedness;
(e)
Ensure that victims of human rights violations and abuses are able to
obtain timely and effective remedy and redress and safeguard civil society’s ability to
provide the full range of support necessary to achieve this;
(f)
Recognize civil society’s legitimate role and interest in pursuing
accountability and take measures to establish independent judicial and administrative
mechanisms to facilitate accountability;
(g)
Take all measures necessary to ensure that civil society can participate in
decision-making processes and in public affairs at the domestic and international
level, without discrimination or undue restrictions;
83
84
20
See https://academic.oup.com/jhrp/article/1/1/14/2188684/South-Africa-s-Treatment-ActionCampaign-Combining.
See www.clintonfoundation.org/our-work/clinton-health-access-initiative/programs/hivaids.
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