A/HRC/41/41/Add.2
processes on an equal footing with other sectors. In that context, the Special Rapporteur
highlights the conditions set out below.
1.
Legal framework
7.
The legal framework should establish provisions that protect, promote and facilitate
the exercise of the rights to freedom of peaceful assembly and of association in accordance
with the principles and standards of international law.
8.
Framework laws that define the existence and operation of civil society
organizations, as well as issue-specific laws that affect civil society organizations
incidentally (e.g. tax laws and counter-terrorism laws) should be consistent both in their
intention to protect, promote and facilitate rights, and in their implementation.
9.
Laws affecting civil society should be clear and transparent in conveying
expectations in order to guide the actions of civil society.
10.
Any restrictions on human rights should be prescribed by law, be necessary in a
democratic society and be proportionate to the aim pursued. States should repeal or amend
any laws and regulations that impede or hinder the work of civil society in contributing to
the implementation of the 2030 Agenda.
2.
Practice
11.
In practice, everyone, including women, men, young people, children, indigenous
peoples, persons with disabilities, persons belonging to minority groups or groups at risk,
and human rights defenders, should be able to form, join and leave associations without
undue hardship. Their ability to aggregate and raise their voices will facilitate their
participation in processes aimed at achieving the Sustainable Development Goals.
12.
Entry procedures and dissolution processes of associations should be voluntary,
simple, non-burdensome and affordable.
13.
Adverse decisions related to the establishment or dissolution of associations should
have a sufficient motive, with a clear basis for the decision and the right to appeal before an
independent body. Impartial oversight of decisions would ensure that any discretion
afforded to authorities is appropriately used to maintain enabling spaces for civic action and
participation.
3.
Freedom to operate
14.
Associations in every form, whether registered or unregistered, formal or informal,
in the sphere of service delivery, advocacy or oversight, should be able to freely conduct
their activities as independent actors in order to effectively represent the needs and
aspirations of their constituents or beneficiaries.
15.
The ability of associations to freely conduct their activities includes the ability to
regulate their own governance without external interference, the enjoyment of the freedom
of expression and opinion, as well as the right to access information and the ability to
exercise those rights online or offline. Associations that operate freely are better able to
participate effectively and to articulate the needs of the communities that they represent.
4.
Funding
16.
The ability to seek, receive and use resources from national, foreign and
international sources is a critical part of the right to freedom of association.
17.
Civil society organizations should be free to seek, receive and use financial
resources from a range of local and international sources, including local communities,
businesses, government, philanthropic organizations and individuals. States must refrain
from any arbitrary or unlawful acts that deprive civil society organizations of those
resources. The criminalization or delegitimization of the activities of civil society
organizations in Sustainable Development Goal processes on account of the origin of their
funding should be prohibited.
3
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents