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. 25

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