A/HRC/27/33
63.
Some States cautioned against interfering with the internal affairs of States or
challenging judicial sovereignty under the pretext of protecting civil society space.
64.
Delegations referred to the important work to promote rights and freedoms vital for
the functioning of civil society conducted by the special procedures of the Human Rights
Council, namely the Special Rapporteur on the promotion and protection of the right to
freedom of opinion and expression, the Special Rapporteur on the rights to freedom of
peaceful assembly and of association and the Special Rapporteur on the situation of human
rights defenders. The Social Forum of the Human Rights Council was considered to be a
space that sought to enhance dialogue between States and civil society in a constructive
manner.
65.
An example was provided of the large participation of persons with disabilities and
their representative organizations in the negotiation of the Convention on the Rights of
Persons with Disabilities, and reference was made to the role of civil society included in the
text of the Convention.
66.
It was emphasized that regional organizations played a significant role in promoting
civil society space in their respective regions.
D.
Strategies and steps that could be adopted to ensure a safe and enabling
environment for civil society
67.
It was stressed that the promotion and protection of civil society space did not
envisage granting civil society new or additional rights, but rather ensured that it enjoyed
the same rights to public freedoms to which everyone was entitled.
68.
It was recognized that it was the primary responsibility of States, in accordance with
their international human rights obligations, to promote and protect human rights, including
rights that enabled civil society to operate, in particular fundamental freedoms, such as the
freedoms of peaceful assembly, association, opinion and expression. This required the
support of a robust legislative and administrative framework, fully compliant with
international human rights law. Delegations reiterated a call made by the Special
Rapporteur on the situation of human rights defenders in her most recent report to the
Human Rights Council that Governments should take concrete steps to create a safe and
enabling environment for human rights defenders to operate, free from hindrance and
insecurity.2 Some pointed to the need to create an enabling environment to encourage
member-based and member-driven civil society groups that would promote the interests of
the people they served and encourage sustainability of their activities.
69.
Several delegations referred to the importance of the national legal framework. It
was stressed that, while all individuals were subject to the sovereign laws of the relevant
State, national legislation should be consistent with international human rights law to
ensure that civil society can operate in a safe and enabling environment. It was suggested
that ethical, religious or cultural values should not be used as a justification for putting in
place national legislation that undermined the universality of human rights. Some
delegations urged that a review be conducted of national legislation that criminalized nongovernmental organizations on the basis of their activities or sources of funding. It was
stressed that laws restricting freedom of peaceful assembly should be reviewed, and that
States should prevent and sanction the excessive use of force when dispersing assemblies.
There was a suggestion that laws that prohibit human rights advocacy relating to sexual
orientation and gender identity should be repealed. Some delegations expressed the view
2
See A/HRC/25/55.
13
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