A/HRC/32/20
I. Introduction
1.
In its resolution 27/31, the Human Rights Council, recognizing the crucial
importance of the active involvement of civil society, at all levels, in promoting good
governance, including through transparency and accountability, which is indispensable for
building peaceful, prosperous and democratic societies, requested the United Nations High
Commissioner for Human Rights to prepare a compilation of practical recommendations for
the creation and maintenance of a safe and enabling environment for civil society, based on
good practices and lessons learned.
2.
To this end, on 28 April 2015, the Office of the United Nations High Commissioner
for Human Rights (OHCHR) sent notes verbales to Member States, national human rights
institutions, civil society organizations and international and regional organizations,
followed by a reminder on 8 July 2015. A total of 89 responses were received,
demonstrating the importance given to the issues addressed in resolution 27/31.1
3.
The present report reflects input from all regions, based on contributions received
from Member States, national human rights institutions and diverse civil society actors,
including international and regional networks, academics and faith-based organizations, as
well as United Nations and regional entities.
4.
In a context of shrinking civil society space worldwide, it is important to share
practices that highlight the benefits of creating and maintaining an enabling environment
for civil society. In the present report the High Commissioner focuses on examples of
proactive practices that optimize civil society’s transformative potential. 2 He identifies five
ingredients which are essential in this regard: a robust legal framework compliant with
international standards and a strong national human rights protection system that safeguards
public freedoms and effective access to justice; a political environment conducive to civil
society work; access to information; avenues for participation by civil society in policy
development and decision-making processes; and long-term support and resources for civil
society.
5.
According space to civil society is not optional. International human rights law
places an obligation on States to respect rights and freedoms that are indispensable for civil
society to develop and operate, including the freedoms of opinion and expression, peaceful
assembly and association and the right to participate in public affairs. International law also
protects the lives, liberty, physical integrity and privacy of civil society actors from
arbitrary State interference.
6.
Even if the law did not require it, there are compelling reasons to protect civil
society space. Effective avenues for civic participation contribute to societal cohesion and
give people, including minorities and those at the margins of society, a way to make their
voices heard. Civil society also plays a crucial role in facilitating participation in public life
and can allow people to contribute to policy development, and even decision-making. There
is also a persuasive business and economic case for a strong civil society. Indeed, business
and civil society have a shared interest in an environment that respects the rights to freedom
1
2
While it was not possible to reflect all the submissions received in the present report, they can be
found at www.ohchr.org/EN/AboutUs/Pages/ReportHConCivilSociety.aspx.
Measures to restrict civil society activity are described at length in various reports of United Nations
independent experts to the Human Rights Council as well as reports and statements by the United
Nations High Commissioner for Human Rights and the reports of the Secretary-General on reprisals
against individuals and groups for cooperating with the United Nations.
3
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