Summary
States should create, in law and practice, an enabling environment for civil society organizations to operate free from hindrance and insecurity.
Issues
Criteria
- Candidates and their representatives, as well as observers, were able to observe polling and counting
- The vote-counting process was transparent and observable
- Civil society organizations participated in voter education
- Civil society organizations were permitted to conduct voter registration free from unreasonable restrictions
- The state accredited citizen observer organizations and facilitated their ability to conduct their activities
- The right to security of the person for all citizens (including EMB personnel) was protected throughout the election period
Quotes
- We, Ministers and Heads of Delegation of the States and Governments of Countries using French as a common language, (…) 4 - Undertake the following commitments: (…) C. For a peaceful political life (...) 17. To recognize the role and facilitate the constant involvement of civil society, including non-governmental organizations, the media and traditional moral authorities, enabling them, in the public interest, to make their contribution to a balanced political life.
- We, Ministers and Heads of Delegation of the States and Governments of Countries using French as a common language, (…) 4 - Undertake the following commitments: (…) C. For a peaceful political life (...) 17. To recognize the role and facilitate the constant involvement of civil society, including non-governmental organizations, the media and traditional moral authorities, enabling them, in the public interest, to make their contribution to a balanced political life.
- The Human Rights Council (...) 5. Urges States to take all steps necessary to prevent threats, attacks, discrimination, arbitrary arrests and detention or other forms of harassment, reprisals and acts of intimidation against civil society actors, to investigate any such alleged acts, to ensure access to justice and accountability, and to end impunity where such violations and abuses have occurred, including by putting in place, and where necessary reviewing and amending, relevant laws, policies, institutions and mechanisms to create and maintain a safe and enabling environment in which civil society can operate free from hindrance, insecurity and reprisals.
- Member States should: a. ensure an enabling legal framework and a conducive political and public environment for human rights defenders, enabling individuals, groups, civil society organisations and national institutions for the protection and promotion of human rights (NHRIs) to freely carry out activities, on a legal basis, consistent with international law and standards, to strive for the protection and promotion of all human rights and fundamental freedoms.
- Member States should: (…) c. remove any unnecessary, unlawful or arbitrary restrictions to civil society space, in particular with regards to freedom of association, peaceful assembly and expression.
- Member States should take effective measures to protect civil society space, in particular to: a. prevent violations of the rights of human rights defenders including smear campaigns, threats and attacks against them, and other attempts to hinder their work.
- The European Parliament, (…) 3. Is deeply concerned that the closing down of civil society space in developing countries is being carried out in increasingly complex and sophisticated ways, which are harder to tackle and imposed through legislation, taxation, funding limitations, increased bureaucracy, reporting and banking requirements, the criminalisation and stigmatisation of CSO representatives, defamation, all forms of harassment, online repression and internet access limitations, censorship, arbitrary detention, gender-based violence, torture and assassination, in particular in conflict-stricken states; insists on the necessity of tackling governmental and non-governmental tactics of marginalising critical voices.
- The European Parliament, (…) 6. Insists that states have the primary responsibility and are under the obligation to protect all human rights and fundamental freedoms of all persons, and have a duty to provide a political, legal and administrative environment conducive to a free and functioning civil society, in which free and safe operation and access to funding is ensured, including through foreign sources.
- The Assembly calls on all member States to: (...) 10.2. review and repeal or amend legislation that impedes the free and independent work of NGOs and ensure that this legislation is in conformity with international human rights instruments regarding the rights to freedom of association, assembly and expression (...).
- The Assembly calls on all member States to: (...) 10.6. ensure an enabling environment for civil society, in particular by refraining from any harassment (judicial, administrative or tax-related), negative public discourse, smear campaigns against NGOs and intimidation of civil society activists.
- The Human Rights Council (...) 1. Reaffirms that creating and maintaining a safe and enabling environment in which civil society can operate free from hindrance and insecurity assists States in fulfilling their existing international human rights obligations and commitments, without which equality, accountability and the rule of law are severely weakened, with implications at the national, regional and international levels.
- Civil society is an essential component for the promotion of human rights, democracy and the rule of law: therefore states should create and maintain a safe and enabling environment in which CSOs can operate free from hindrance and insecurity.
- Governments must refrain from adopting measures that disproportionately target or burden civil society organizations (CSOs), such as imposing onerous vetting rules, procedures or other CSO-specific requirements not applied to the corporate sector.
- States can create and maintain an enabling environment for civic activity by investing in the development of civil society, taking measures to build participation capacities, especially for marginalized voices, and facilitating access to diverse funding sources and technology.
- In the context of a supportive legal framework and access to justice, Member States should: (...) (b) Review and repeal or amend all legal provisions that impede the free and independent work of civil society actors; ensure that all legislation affecting their ability to work complies with relevant international human rights laws and standards and with the Declaration on Human Rights Defenders.
- A vibrant and free civic space with channels for safe and effective participation enables societies to be more peaceful and prosperous. The right to participate in the conduct of public affairs, protected and guaranteed by international law, is a cornerstone of civic space.
- Threats and attacks against civil society actors and undue restrictions on public freedoms and rights are attacks against the values and principles of the Charter of the United Nations and are in direct violation of international norms and standards.
- With regard to the promotion of civic space, international human rights imply a State obligation to support institutional, legal and policy frameworks that enable effective and safe civil society participation in national decision-making processes and access to information.
- More needs to be done to protect civil society actors, and human rights defenders in particular, from attacks, including physical violence, arbitrary detention, disappearances, and online and offline harassment, that seek to silence critical voices.