A/HRC/38/18
I. Introduction
1.
The Human Rights Council, in its resolution 32/31, emphasized the essential role of
civil society in subregional, regional and international organizations. In that regard, the
Council reaffirmed the right of everyone, individually and in association with others, to
unhindered access to and communication with subregional, regional and international
bodies, and their representatives and mechanisms. The Council further asserted that civil
society facilitated the achievement of the purposes and principles of the United Nations and
that undue restriction of civil society space therefore had a negative impact upon their
achievement. In that respect, the Council requested the United Nations High Commissioner
for Human Rights to prepare a report compiling information on the procedures and
practices in respect of civil society involvement with regional and international
organizations, and the contribution of civil society to their work and challenges and best
practices.
2.
According space to civil society is not optional. Everyone has the right, individually
and in association with others, to promote and to strive for the protection and realization of
human rights and fundamental freedoms at the community, national, regional and
international levels, to exercise the freedoms of opinion and expression, of peaceful
assembly and association, and to have access to information and participate in public affairs.
International law also protects the lives, liberty, physical integrity and privacy of civil
society actors. Article 5 of the Declaration on the Right and Responsibility of Individuals,
Groups and Organs of Society to Promote and Protect Universally Recognized Human
Rights and Fundamental Freedoms (the Declaration on Human Rights Defenders)
recognizes the right of everyone, individually and in association with others, at the national
and international levels, to communicate with civil society and intergovernmental
organizations.
3.
Human rights impose obligations on States to respect, protect and fulfil the rights of
every individual to freedom of opinion and expression, access to information, peaceful
assembly and association and the right to participate in public affairs and to protect
individuals from interference, including by non-State actors. Those rights apply to domestic
and other levels of decision-making, including in the intergovernmental sphere. 1 United
Nations entities have to respect the norms and freedoms they helped to enshrine in human
rights instruments, including the rights and freedoms that are indispensable for civil society
to develop and operate. More and more decisions that affect the lives of ordinary people —
sometimes profoundly — are taken at the regional and international levels, including in
United Nations forums. In practice, having unhindered rights to form or join groups, have
access to information, express one’s views and participate in decision-making is
indispensable for effective civil society engagement at all levels. Limiting meaningful and
effective participation of civil society essentially silences the voices of the people whom the
organizations are meant to serve.
4.
The Human Rights Council, in its resolution 32/31, recognized the crucial
importance of unhindered access to international and regional processes and of
transparency and accountability at all levels, which are indispensable for building peaceful,
prosperous and democratic societies. In a statement to the Council, the Secretary-General
asserted that the Council’s growing engagement with civil society strengthened much of its
work and was especially vital at a time when civil society space was shrinking in so many
places.2 He also noted the vital role of civil society on the Sustainable Development Goals, 3
Goal 16 of which called for the promotion of peaceful and inclusive societies for
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2
3
See also paragraph 5 of Human Rights Committee general comment 25 (1996) on participation in
public affairs and the right to vote, in which the Committee recognized that the right to take part in
the conduct of public affairs covered “the formulation and implementation of policy at international,
national, regional and local levels”.
See www.un.org/sg/en/content/sg/statement/2017-02-27/secretary-generals-remarks-human-rightscouncil-scroll-down-french.
See www.un.org/development/desa/en/news/ecosoc/civil-society-engagement-for-sdgs.html.
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