A/HRC/35/28
and Guatemala (see A/HRC/30/42 paras. 85-87), in demanding accountability as part of the
political agenda in the wake of mass atrocities.
42.
Civil society’s ability to shape and seek the enforcement of norms and values that
promote a good society is greatly aided by its capacity to demand accountability. Through
litigation, civil society has succeeded in enforcing empowering laws or repealing restrictive
rules that undermine values such as equality and inclusion. In Zimbabwe, the marriage of
underage girls was successfully outlawed following litigation proceedings. Waste pickers in
Colombia successfully brought cases before the Constitutional Court to defend waste
picking as a profession, thereby encouraging the upward movement of waste pickers in the
recycling value chain, working towards integrating their activities into the public services
system and ensuring that they were remunerated. 22 Finally, in the United States, the
American Civil Liberties Union has played a leading role in using litigation to challenge the
legality of some of President Donald Trump’s controversial executive orders, notably the
so-called Muslim ban.23
43.
In 2009, as a result of pressure from civil society and its allies in the United States
Congress, a bipartisan review of the State’s past torture practices was initiated by the
Senate Select Committee on Intelligence. It took additional pressure from civil society and
the Senate Committee for the redacted executive summary from that report to be released to
the public in 2014. The release of the executive summary contributed to the eventual
passage of the McCain-Feinstein anti-torture amendment, which strengthened anti-torture
prohibitions and oversight for detention on grounds of national security. 24 In the United
Kingdom, sustained pressure from civil society groups led to the launch of a public inquiry
into the Government’s use of undercover police to infiltrate activist and protest groups (see
A/HRC/35/28/Add.1 and A/HRC/23/39/Add.1).
44.
Civil society can also strengthen institutions by providing a basis for upholding
positive norms and values. In Malaysia, the national human rights institution, the Human
Rights Commission of Malaysia, scrutinized police management of Bersih coalition rallies
following violent crackdowns in 2011 and 2012. The Commission’s report documented
excessive use of force and recommended changes that resulted in a more facilitative attitude
by police during subsequent rallies in 2015 and 2016. Bersih rallies are directed towards
ensuring “clean” elections, and the Bersih 2.0 campaign in 2013 culminated in the highest
voter turnout in Malaysian history, at 84.8 per cent.25
45.
The credibility of elections can be enhanced by non-partisan citizen election
observation. In Somalia, for example, civil society advocated extensively for transparent
and credible elections and observed the parliamentary elections held in 2016, despite a
challenging environment.26 Election transparency has also been encouraged by civil society
monitors in places such as Georgia27 and Ghana.28
46.
At the global level, the establishment of the International Criminal Court was a
significant victory for civil society and its efforts to ensure accountability for human rights
atrocities. Justice has also been pursued in national and specialized courts following
advocacy by victims’ groups. The trial and conviction of the former President of Chad,
Hissène Habré, in Senegal in 2016 for crimes against humanity was initiated and driven
principally by victims’ associations and NGOs.29 In Eritrea, sustained activism by citizens’
22
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24
25
26
27
28
29
Contribution from Women in Informal Employment: Globalizing and Organizing.
See www.aclu.org/blog/speak-freely/well-see-you-court-20-once-muslim-ban-still-muslim-ban.
Contribution from Center for Victims of Torture (United States).
Contribution from Bersih 2.0 (Malaysia).
Contribution from Forum Syd (Sweden), available at http://www.saferworld.org.uk/news-andviews/news-article/698--civil-society-observes-somaliaas-2016-electoral-process.
See http://iphronline.org/georgia-joint-statement-monitoring-elections-20161009.html.
See www.codeoghana.org/.
See www.ictj.org/news/reed-brody-hiss%C3%A8ne-habr%C3%A9-trial-shows-powervictims%E2%80%99-and-civil-society%E2%80%99s-agency.
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