A/HRC/44/50
38.
More recently, a country visit to Tunisia in September 2018 helped push back against
concerning finance de-risking reforms and preserve Decree No. 88 of 2011, a post-revolution
decree governing civil society organizations and one of the most enabling civil society laws
in the Middle East and North Africa region. At that time, the mandate holder observed that
while combating money-laundering and the finance of terrorism is a legitimate government
objective, careful consideration must be given to the impact these types of measures have on
civil society operations and activities. In the report, it was recommended that the State engage
in dialogue with civil society to ensure that finance de-risking measures do not serve as an
instrument for closing civic space. According to an activist in Tunisia, the mandate holder
provided “very impactful support”. The activist further noted that there was now a genuine
partnership between government and civil society on issues relating to possible risks to the
civil society sector and measures to be implemented to mitigate those risks.
39.
Communications or individual complaints are the heart of the Special Rapporteur’s
mandate. Over the past decade, numerous complaints alleging violations of assembly and
association rights were received and referred to State and non-State actors in the form of
urgent appeals and allegation letters. According to the most recent data, the special
rapporteurs had issued 622 urgent appeals letters and 737 allegations letters to 148 States and
32 other actors during the first decade of work. The mandate holders have also sent letters to
States seeking information about legal or policy developments, including laws and
regulations affecting non-governmental organizations and peaceful assemblies. As of March
2020, the mandate holders had issued 89 communications on laws and policy. These
communications were aimed at raising the voices of victims and civil society actors within
the United Nations system, while providing governments with tools necessary to meet their
international obligations regarding the rights to peaceful assembly and association. With
political will, communications have been shown to be a catalyst for positive change. For
example, a communication was issued condemning the decision of the Government of
Ecuador to arbitrarily close an environmental organization, Fundación Pachamama, 38 in
2013. That communication served as an advocacy tool to secure the reinstatement of the nongovernmental organization following a change in government. More recently, a
communication to the Government of Sierra Leone regarding restrictive provisions found in
the Development Cooperation Framework39 enabled a series of reforms and collaborations
with civil society to ensure that they had effective partners in development efforts.
6.
Movement building
40.
Finally, many civil society organizations have emphasized that one of the most
significant results of the mandate of the Special Rapporteur was the building of a global
movement to promote an enabling environment for the enjoyment of the rights to freedom of
peaceful assembly and association. The creation of the mandate helped foster informal and
formal coalitions around the protection of these fundamental freedoms and provided tools for
many individuals and communities worldwide to share a vision of the changes needed and
strategies to ensure these rights can be fully enjoyed by everyone.
41.
The mandate of the Special Rapporteur contributed to mobilizing solidarity among
civil society activists, empowering advocacy efforts, amplifying voices and facilitating
learning exchanges. This movement was made possible in part due to the Special
Rapporteur’s direct and routine engagement with civil society organizations and grass-roots
communities around the world. Over the past 10 years, the mandate holder has prioritized
outreach to civil society through formal and informal consultations and meetings. These
meetings allowed the different special rapporteurs to increase understanding of the reality,
concerns and lived experiences of the people on the ground and to ensure that their
perspectives were and are reflected in their work. Several respondents highlighted efforts of
the mandate holders to give a voice to civil society, including within the Human Rights
Council and the General Assembly, as a major achievement. These efforts also enhanced the
capacity of civil society organizations, including those that have traditionally been
underrepresented and have had fewer opportunities to engage with multilateral institutions,
38
39
Communication ECU 4/2013, dated 31 December 2013. Available at spcommreports.ohchr.org/
TMResultsBase/DownLoadPublicCommunicationFile?gId=14789 (in Spanish).
Communication SLE 1/2019, dated 22 February 2019. Available at spcommreports.ohchr.org/
TMResultsBase/DownLoadPublicCommunicationFile?gId=24361.
11
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