A/HRC/30/42
Civil Society
112. The Special Rapporteur calls upon States to prevent any persecution,
attacks, threats, intimidation and harassment of civil society representatives.
States should ensure protection mechanisms for civil society at risk, including
early warning systems, physical protection measures, as well as accountability
and prompt and impartial investigations in cases of violations. This requires
clear and decisive messages from the highest authorities on zero-tolerance policy
for such attacks and intimidation against civil society actors and on public
recognition of their essential role in building just, inclusive and tolerant
democracies.
113. He also calls upon States to withdraw or reform provisions that impose an
excessive burden or disproportional heavy bureaucratic and costly procedures,
which severely hamper civil society participation. This includes (a) amending
registration mechanisms thereby excluding the possibility to deny registration
on vague grounds; (b) reforming excessive procedural requirements; (c)
withdrawing prior-authorization requirements, allowing spontaneous peaceful
assembly and, if prior-notification mechanisms exist, their rationale should be
grounded by ensuring the exercise of the right to peaceful assembly, protection
of public safety and order, and the rights and freedoms of others; (d) providing
for precise regulations defining illegal activities; (e) preventing arbitrary
interpretation of regulatory provisions; (f) reforming legislation that prevents
organizations from receiving support from certain donors, including foreign
funding; (g) reforming legislation that imposes undue restrictions on freedom of
expression and criminalizes dissenting and critical opinions; (h) preventing
arbitrary or unlawful surveillance; (i) ensuring effective access to encryption
and anonymity tools in online communications; and (j) protecting the
confidentiality of sources.
114. States should create the economic, political, legal, social and cultural
conditions that actively support the ability and capacity of persons, individually
or in association, to engage in social and civil activities, promoting the principles
of participation, non-discrimination, dignity, transparency and accountability.
Key conditions include: (a) a conducive political and public environment,
through a supportive legal and practical regulatory framework in line with
international human rights standards; (b) access to international and regional
human rights mechanisms and effective cooperation with independent national
human rights institutions; (c) access to information; (d) special measures and
resources targeting the most marginalized groups to ensure their integration
and participation and the consideration of their voice among civil society actors;
(e) opportunities for civil society to participate in decision-making processes;
and (f) the provision of financial resources and stability, including through
public subsidies.
115. States should also support legal empowerment programmes, ensuring
their broad participation among a sufficiently large section of the population
and their long-term impact, in order to have a transformative effect on attitudes
and behaviour. This may include: (a) building partnerships among various
actors, including (international) donors, government focal points and
community leaders; (b) sustained financial and capacity support; and (c) the
creation of mutually reinforcing networks among individuals and groups at the
local, national and international levels.
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