A/HRC/35/28
(b)
The 2016 Oslo Freedom Forum, Oslo (23 and 24 May 2016);
(c)
Expert consultation in Kenya on the report submitted by the Special
Rapporteur to the General Assembly at its seventieth session (13-14 May 2015);
(d)
International Federation for Human Rights, 39th Annual Congress,
Johannesburg, South Africa (23-24 August 2016);
(e)
Academic visit to Cambodia, Indonesia, Malaysia, the Philippines and
Thailand (1-10 December 2016);
(f)
The World Economic Forum Annual Meeting 2017, Davos, Switzerland (1720 January 2017);
(g)
Expert consultation to conclude the Special Rapporteur’s litigation project in
Kenya (6-7 February 2017); 2
(h)
Academic visit to Swaziland and Zimbabwe (20-24 February 2017);
(i)
Testimony before the Tom Lantos Human Rights Commission of the United
States Congress, Washington, D.C. (21 March 2017).
III. Achievements of civil society
A.
Objective, scope and limitations of the report
8.
in this report, the Special Rapporteur seeks to refocus global attention on the myriad
of ways in which civil society has improved societies throughout the world by protecting
civil and political rights, advancing development objectives, moving societies towards
freedom and equality, achieving and upholding peace, checking corporate behaviour,
protecting the environment, delivering essential services and advocating for economic,
social and cultural rights. The report highlights both the intrinsic and instrumental value of
civil society as a means for people to aggregate their views and voices in general, and its
value to functioning democracies in particular. Civil society occupies the space between the
State and the market, often playing a countervailing as well as a complementary role
against those two forces, which are increasingly finding common ground and excluding the
majority of people.
9.
The Special Rapporteur approaches the subject by imagining what a world without
civil society would look like and invites the reader to do the same. In his view, this world
would be vastly different, and far worse, than it is now. This is not to say that civil society
has achieved, or continues to achieve, single-handedly, the transformations that have
characterized human history, but to assert that, despite efforts to restrict its influence, civil
society has been an essential component of advancements that have benefited humanity.
The free exercise of the rights to freedom of peaceful assembly and of association, among
other rights, underpins a vibrant and dynamic civil society.
10.
There is no widely accepted definition of civil society. The Special Rapporteur has
adopted an understanding of civil society as embodying “forms” (diverse associational
relationships), embracing “norms” (values that shape a “good society”, such as freedom,
democracy, tolerance and cooperation), and engaging in “spaces” (the public sphere where
discussions and disputes can freely take place with a view to achieving consensus on what
is good for society).3 He uses these concepts to discuss civil society’s achievements in order
to highlight the nature and characteristics of civil society and their potential contribution to
its achievements and successes.
2
3
4
See http://freeassembly.net/litigation/.
See Michael Edwards. “Introduction: Civil Society and the Geometry of Human Relations”, The
Oxford Handbook of Civil Society, Michael Edwards, ed. (Oxford, Oxford University Press, 2011),
pp. 3-14.
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