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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