Practical recommendations for the creation and maintenance of a safe and enabling environment for civil society, based on good practices and lessons learnt (A/HRC/32/20)

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.

7. Allowing voices to be heard, even when they express criticism or unpopular views, is key to holding decision makers to account and to ensure that policies are reviewed, lessons learned and improvements made. Countries where civil society space is protected reap significant dividends in terms of long-term stability.

8. Vibrant civil society participation in the United Nations human rights system is indispensable to the effective protection and promotion of human rights. Civil society actors identify protection and other gaps in the international architecture, alert the international community of impending crises and campaign for the creation of new standards and mechanisms. Their participation enriches the system’s responses by linking them to what is happening at the country level.

11. Civil society engagement can be viewed as a threshold issue: if space exists for civil society to engage, there is a greater likelihood that all rights will be better protected. Conversely, the closing of civil society space, and threats and reprisals against civil society activists, are early warning signs of instability. Over time, policies that delegitimize, isolate and repress people calling for different approaches or legitimately claiming their rights can exacerbate frustrations and lead to instability or even conflict.

14. In its general comment No. 34 (2011) on the freedoms of opinion and expression, the Human Rights Committee states that a free, uncensored and unhindered press or other media is essential in any society to ensure freedom of opinion and expression and the enjoyment of other rights contained in the International Covenant on Civil and Political Rights; it constitutes one of the cornerstones of a democratic society. The European Court of Human Rights has consistently supported civil society’s role in bringing matters of public interest to open debate. Media contribute to public space where matters of public interest are debated and give voice to diverse perspectives, including to indigenous or minority communities, refugees and migrants, in diverse languages, in print and online, including in versions accessible for persons with disabilities.

26. (…) In pursuance of target 17.17 of the Sustainable Development Goals, States should encourage and promote effective public, public-private and civil society partnerships, building on the experience and resourcing strategies of partnerships.

36. The introduction of webcast and remote participation of NGOs through the delivery of video messages at sessions of the Human Rights Council and the treaty bodies bring greater transparency and understanding of international human rights mechanisms and allow NGOs to obtain critical first-hand information. Meetings held between officials and civil society after such events can boost effective follow-up of observations and enrich processes for implementation of recommendations.

37. “Nothing about us without us” was a slogan commonly associated with the disability rights movement in the drafting process of the Convention on the Rights of Persons with Disabilities. Development outcomes have better chances to be sustainable when related decision-making is transparent and when diverse views and information are considered by decision makers. The involvement of diverse actors leads to more comprehensive representation of the population and enriches both the process and outcome.

38. Various multi-stakeholder initiatives (e.g., alliances of Governments, national human rights institutions and civil society actors such as academic institutions, business enterprises and foundations, sometimes involving the United Nations or regional organizations) demonstrate the mutual benefits of collaboration by pooling expertise, opening up space for dialogue and providing financial backing to seek sustainable solutions to major issues.

46. States’ formal and informal consultations with civil society have increased mutual understanding, built trust and enhanced the potential for collaboration. Good practices regarding participatory processes are reflected in numerous United Nations reports, including those regarding participation in public affairs (A/HRC/30/26) and the right to participation of people living in extreme poverty (A/HRC/23/36). Predictability of processes, an inclusive approach and diverse means of communication, accompanied by realistic time frames, are prerequisites for meaningful consultation and debate. Making documents available in minority languages, for example, and in formats accessible to persons with disabilities enhances inclusiveness and facilitates participation.

53. As for other United Nations mechanisms, the work of human rights treaty bodies as well as of special procedures mandate holders is inconceivable without civil society input, which adds to the relevance and credibility of the conclusions and recommendations resulting from the experts’ deliberations. Some States have taken the positive step of consulting with civil society in drafting their reports to the mechanisms, in addition to encouraging independent civil society submissions.

56. OHCHR and other United Nations entities working at the country and regional levels play a convening role, providing a safe and neutral environment for civil society actors to discuss and support endeavours to create networks with common interests and facilitate dialogue between government officials and civil society actors. For example, recognizing civil society’s crucial role in securing progress on the Millennium Development Goals, the United Nations Development Programme (UNDP) helped to create space at the global, regional and country levels to dialogue with government counterparts on how to improve policy and legal environments to stem HIV epidemics.

61. Ongoing policy monitoring is crucial to assess the performance of systems and processes and to adapt them as needed. It is important that consultations and monitoring be broadly based and not confined to habitual partners. Integrating new civil society organizations or grass-roots networks, irrespective of whether they are formally registered, can energize such processes. Vigilance is required in State-civil society arrangements to preserve the independence of the latter.

64. 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. Empowering and strengthening civil society capacities contribute to a protective environment (A/HRC/31/55).

83. The five key elements to create and maintain a safe and enabling environment for civil society are: a robust legal framework that is compliant with international standards as well as a strong national human rights protection system that safeguards public freedoms and ensures effective access to justice; a political environment conducive to civil society work; access to information; avenues for participation by civil society in decision-making processes; and long-term support and resources for civil society. By creating such conditions, Governments, the international community and other stakeholders will be better positioned to foster a climate of trust and cooperation in the interest of all people, at the local, national and global levels.

84. In the context of a supportive legal framework and access to justice, Member States should:

(a) Protect, by law and in practice, those rights that are necessary for civil society actors to operate, including the rights to freedom of opinion and expression and peaceful assembly and association and the right to participate in public affairs, including online;

(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; and use, among other tools, indicators on the exercise of public freedoms developed by OHCHR;

(c) Allow unregistered associations to operate and provide for minimal legal and administrative provisions that favour simple notification to an independent administrative body and accessible to all at little or no cost;

(d) Ensure access to justice through an independent and effective judiciary, as well as access to national human rights institutions that conform to the Paris Principles and to regional and international human rights mechanisms;

(e) Introduce systems for co-regulation or self-regulation in areas where civic space issues can be managed by civil society organizations;

(f) Ensure that all counter-terrorism measures that have an impact on civil society comply with all relevant international human rights law and standards.

85. In the context of a conducive public and political environment, Member States should:

(a) Demonstrate high-level political support for the independence and diversity of civic activity through public statements and public information campaigns;

(b) Develop and implement national action plans for the implementation of the United Nations Guiding Principles on Business and Human Rights: Implementing the United Nations “Protect, Respect and Remedy” Framework, including commitments to promote and incentivize respect and support by business for civil society actors, domestically and abroad;

(c) Ensure accountability for any acts of intimidation or reprisal against civil society actors by ensuring prompt, thorough and impartial investigations and bringing perpetrators to justice;

(d) Develop or update a national policy framework and action plan to guide implementation of the recommendations formulated in the present report and of all international human rights law and standards relevant to civil society space.

87. In the context of participation in policy development, planning and decision making, Member States should:

(a) Recognize the right to participation in public decision-making processes in legislation. This should include timely, clear, accurate and adequate information, with messages and questions that are easily understood; extensive dissemination of the outcome, accompanied by a description of the processes; the rationale for accepting or rejecting civil society proposals or input; opportunities for feedback and redress; and provision of adequate budgets for participation;

(b) Develop national action plans on engagement with civil society actors that oblige all public actors to consult with civil society in policy development and implementation;

(c) Integrate new forms of participation through the use of ICT and social media as a means to enable equal access to information and broad-based consultations;

(d) Systematically assess whether proposed legislative or policy reforms would have a negative impact on women or contain gender-specific elements or would affect specific sectors of the population;

(e) Provide training and guidelines for public officials to support timely and effective consultation processes.