A/HRC/RES/38/12
restrictions on funding to civil society actors undermine the right to freedom of association
and the ability to participate effectively and meaningfully in regional and international
organizations,
Reaffirming the importance of adopting and implementing non-discriminatory
measures to assist in the strengthening of a diverse and pluralistic civil society, including
through the strengthening of the rule of law, social and economic development, the
promotion of the right to freedom of expression, online and offline, including artistic
expression and creativity, access to information, the rights of peaceful assembly and
freedom of association, including soliciting, receiving and utilizing resources, and the
administration of justice, and to the real and effective participation of the people in
decision-making processes,
Recognizing that access to information, online and offline, is fundamentally
important to civil society organizations in conducting their work effectively and
meaningfully, and that any restriction on the freedom to seek, receive and impart
information must comply with relevant international law,
Recognizing also the crucial importance of the active involvement of civil society, at
the national, regional and international levels, in processes of governance and in promoting
good governance, including through transparency and accountability, at all levels, which is
indispensable for building peaceful, prosperous and democratic societies,
1.
Reaffirms that creating and maintaining a safe and enabling environment in
which civil society can operate free from hindrance and insecurity assists States in fulfilling
their existing international human rights obligations and commitments, without which
equality, accountability and the rule of law are severely weakened, with implications at the
national, regional and international levels;
2.
Urges States to fulfil their obligation to respect and fully protect the civil,
political, economic, social and cultural rights of all individuals, online and offline as
applicable, inter alia, the right to freedom of expression and opinion, including artistic
expression and creativity, and the right to assemble peacefully and associate freely;
3.
Encourages States and organizations to put in place transparent, fair and
gender-sensitive accreditation processes that deliver prompt decisions in compliance with
human rights standards, including by establishing grievance mechanisms for redress, and to
address any erroneous accreditation decisions;
4.
Encourages States to take every opportunity to support diversity of civil
society participation, with particular emphasis on underrepresented parts of civil society,
including women, children, youth, older persons, persons with disabilities, persons
belonging to ethnic, religious, national, linguistic and racial minorities, migrants, refugees,
and others, and also including indigenous peoples and others not associated with or
organized in non-governmental organizations;
5.
Urges States to take all steps necessary to prevent threats, attacks,
discrimination, arbitrary arrests and detention or other forms of harassment, reprisals and
acts of intimidation against civil society actors, to investigate any such alleged acts, to
ensure access to justice and accountability, and to end impunity where such violations and
abuses have occurred, including by putting in place, and where necessary reviewing and
amending, relevant laws, policies, institutions and mechanisms to create and maintain a safe
and enabling environment in which civil society can operate free from hindrance, insecurity
and reprisals;
6.
Calls upon States to ensure that domestic provisions on funding to civil
society actors are in compliance with their international human rights obligations and
commitments and are not misused to hinder the work or endanger the safety of civil society
actors, and underlines the importance of the ability to solicit, receive and utilize resources
for their work;
7.
Urges States and strongly encourages international and regional
organizations to adopt and implement robust policies on access to information, in
compliance with relevant international law;
3
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