RES/32/31 Civil society space

GE.16-12549(E)



Human Rights Council Thirty-second session

Agenda item 3

Resolution adopted by the Human Rights Council on 1 July 2016

32/31. Civil society space

The Human Rights Council,

Guided by the purposes and principles of the Charter of the United Nations,

Guided also by the Universal Declaration of Human Rights, the Vienna Declaration

and Programme of Action, the International Covenants on Human Rights and all other

relevant instruments,

Recalling the Declaration on the Right and Responsibility of Individuals, Groups

and Organs of Society to Promote and Protect Universally Recognized Human Rights and

Fundamental Freedoms,

Recalling also its resolutions 27/31 of 26 September 2014, on civil society space,

and 24/21 of 27 September 2013, on civil society space: creating and maintaining, in law

and in practice, a safe and enabling environment,

Recalling further all other Human Rights Council resolutions relevant to creating

and maintaining civil society space, inter alia, those addressing freedom of opinion and

expression; the rights to freedom of peaceful assembly and of association; protecting

human rights defenders; equal participation in political and public affairs; cooperation with

the United Nations, its representatives and mechanisms in the field of human rights;

promotion and protection of human rights in the context of peaceful protests; and the

promotion, protection and enjoyment of human rights on the Internet,

Recognizing the important role of civil society at the local, national, regional and

international levels, that civil society facilitates the achievement of the purposes and

principles of the United Nations, and that the undue restriction of civil society space

therefore has a negative impact upon their achievement,

Welcoming the adoption of the 2030 Agenda for Sustainable Development,1

including the commitments therein to, inter alia, promote peaceful and inclusive societies

for sustainable development, provide access to justice for all, build effective, accountable

1 General Assembly resolution 70/1.

and inclusive institutions at all levels, and strengthen the means of implementation and

revitalize the Global Partnership for Sustainable Development, and also welcoming its

recognition of the importance of multi-stakeholder partnerships for the achievement of the

Sustainable Development Goals,

Welcoming also the awarding of the Nobel Peace Prize to various civil society actors

and human rights defenders as recognition of the decisive contribution that civil society can

make in the promotion of human rights, the creation of peaceful dialogue and the building

of pluralistic democracies, including the award to the civil society-led National Dialogue

Quartet in 2015,

Gravely concerned that, in many countries, persons and organizations engaged in

promoting and defending human rights and fundamental freedoms frequently face threats,

harassment and attacks and suffer insecurity as a result of those activities, including

through restrictions on freedom of association or expression or the right to peaceful

assembly, or abuse of criminal or civil proceedings, or deplorable acts of intimidation and

reprisal intended to prevent their cooperation with the United Nations and other

international bodies in the field of human rights,

Underscoring that the legal framework within which civil society operates is that of

national legislation consistent with the Charter and international human rights law,

Mindful that domestic legal and administrative provisions and their application

should facilitate, promote and protect an independent, diverse and pluralistic civil society,

and in this regard strongly rejecting all threats, attacks, reprisals and acts of intimidation

against civil society actors, and underscoring that States should investigate any such alleged

acts, ensure accountability and effective remedies, and take steps to prevent any further

such threats, attacks, reprisals or acts of intimidation,

Deeply concerned that, in some instances, domestic legal and administrative

provisions, such as national security and counter-terrorism legislation, and other measures,

such as provisions on funding to civil society actors, or registration or reporting

requirements, have sought to or have been misused to hinder the work and endanger the

safety of civil society, and recognizing the urgent need to prevent and stop the use of such

provisions, and to review and, where necessary, amend any relevant provisions in order to

ensure their compliance with international human rights law and, where applicable,

international humanitarian law,

Recognizing that the ability to seek, secure and use resources is essential to the

existence and sustainable operation of civil society actors, and that undue restrictions on

funding to civil society actors undermine the right to freedom of association,

Reaffirming that special emphasis should be given to measures to assist in the

strengthening of a pluralistic civil society, including through the strengthening of the rule of

law, social and economic development, the promotion of the right to freedom of expression,

online and offline, including artistic expression and creativity, access to information, the

rights of peaceful assembly and freedom of association, including soliciting, receiving and

utilizing resources, and the administration of justice, and to the real and effective

participation of the people in decision-making processes,

Recognizing the crucial importance of the active involvement of civil society, at all

levels, in processes of governance and in promoting good governance, including through

transparency and accountability, at all levels, which is indispensable for building peaceful,

prosperous and democratic societies,

1. Emphasizes 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;

2. Takes note of the report of the United Nations High Commissioner for

Human Rights on practical recommendations for the creation and maintenance of a safe and

enabling environment for civil society, based on good practices and lessons learned;2

3. Reminds States of their obligation to respect and fully protect the civil,

political, economic, social and cultural rights of all individuals, inter alia, the rights to

freedom of expression and opinion and to assemble peacefully and associate freely, online

as well as offline, including for persons espousing minority or dissenting views or beliefs,

and that respect for all such rights, in relation to civil society, contributes to addressing and

resolving challenges and issues that are important to society, such as addressing financial

and economic crises, responding to public health crises, responding to humanitarian crises,

including in the context of armed conflict, promoting the rule of law and accountability,

achieving transitional justice goals, protecting the environment, realizing the right to

development, empowering persons belonging to minorities and vulnerable groups,

combating racism and racial discrimination, supporting crime prevention, countering

corruption, promoting corporate social responsibility and accountability, combating human

trafficking, empowering women and youth, promoting the rights of the child, advancing

social justice and consumer protection, the realization of all human rights and the

implementation of the 2030 Agenda for Sustainable Development;

4. Urges States to create and maintain, in law and in practice, a safe and

enabling environment in which civil society can operate free from hindrance and insecurity;

5. Emphasizes the importance of civil society space for empowering persons

belonging to minorities and vulnerable groups, as well as persons espousing minority or

dissenting views or beliefs, and in that regard calls upon States to ensure that legislation,

policies and practices do not undermine the enjoyment by such persons of their human

rights or the activities of civil society in defending their rights;

6. Also emphasizes the important role of artistic expression and creativity in the

development of society and, accordingly, the importance of a safe and enabling

environment for civil society in that regard, in line with article 19 of the International

Covenant on Civil and Political Rights;

7. Urges States to ensure access to justice, and accountability, and to end

impunity for human rights violations and abuses against civil society actors, 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;

8. Calls upon States to ensure that domestic provisions on funding to civil

society actors are in compliance with their international human rights obligations and

commitments and are not misused to hinder the work or endanger the safety of civil society

actors, and underlines the importance of the ability to solicit, receive and utilize resources

for their work;

9. Urges all non-State actors to respect all human rights and not to undermine

the capacity of civil society to operate free from hindrance and insecurity;

10. Emphasizes the essential role of civil society in subregional, regional and

international organizations, including in support of the organizations’ work, and in sharing

2 A/HRC/32/20.

experience and expertise through effective participation in meetings in accordance with

relevant rules and modalities, and in this regard reaffirms the right of everyone, individually

and in association with others, to unhindered access to and communication with

subregional, regional and international bodies, and their representatives and mechanisms;

11. Recognizes the valuable contribution of national, subregional, regional and

international human rights mechanisms and bodies, including the universal periodic review

and the special procedures of the Human Rights Council, the human rights treaty bodies

and national human rights institutions, to the promotion and protection of civil society

space;

12. Encourages the special procedures of the Human Rights Council, the treaty

bodies and relevant United Nations bodies, agencies, funds and programmes to continue to

address relevant aspects of civil society space in the framework of their respective

mandates;

13. Urges States to ensure that the issue of the creation and maintenance of a safe

and enabling environment for civil society is addressed in the context of the universal

periodic review, and encourages States in that regard to consult civil society in the

preparation of their national reports, to consider including in their national reports

information on relevant domestic provisions and steps, to consider making relevant

recommendations to States under review, and to assist States in the implementation of

relevant recommendations through, inter alia, the sharing of experiences, good practices

and expertise and offering technical assistance on the basis of requests and with the consent

of the States concerned, and conducting broad consultations with civil society in the follow-

up to their review;

14. Also urges States to create and maintain, in law and in practice, a safe and

enabling environment for civil society, and in this regard encourages States to use good

practices such as, inter alia, those compiled in the report of the High Commissioner on

practical recommendations for the creation and maintenance of a safe and enabling

environment for civil society, based on good practices and lessons learned 2 by, inter alia:

(a) Taking steps to ensure a supportive legal framework and access to justice,

including by acknowledging publicly the important and legitimate role of civil society in

the promotion of human rights, democracy and the rule of law, including through public

statements and public information campaigns, and better addressing business-related human

rights abuses through the effective implementation of the Guiding Principles on Business

and Human Rights;

(b) Contributing to a public and political environment conducive to civil society

work, including by strengthening the rule of law, the administration of justice, social and

economic development, access to information, the promotion of the rights to freedom of

opinion and expression online and offline, and of peaceful assembly and association, and by

participating in public affairs and promoting the real and effective participation of the

people in decision-making processes, and taking steps to ensure that all domestic legal

provisions with an impact on civil society actors, including counter-terrorism measures,

comply with relevant international human rights obligations and commitments, including

the Declaration on the Right and Responsibility of Individuals, Groups and Organs of

Society to Promote and Protect Universally Recognized Human Rights and Fundamental

Freedoms, maintaining accessible domestic procedures for the establishment or registration

of organizations and associations, and access to national, regional and international human

rights mechanisms;

(c) Providing for access to information, including by adopting clear laws and

policies providing for effective disclosure of information held by public authorities and a

general right to request and receive information subject to clearly and strictly defined

exceptions in accordance with international human rights law;

(d) Providing for the participation of civil society actors, including by enabling

them to participate in public debate on decisions that would contribute to the promotion and

protection of human rights and the rule of law and on any other relevant decisions, and to

provide input on the potential implications of legislation when it is being developed,

debated, implemented or reviewed, and exploring new forms of participation and

opportunities brought about by information and communications technology and social

media;

(e) Providing for a long-term supportive environment for civil society, including

through education that is aimed at strengthening respect for human rights and fundamental

freedoms;

15. Invites States to seek technical assistance and advice in this regard, including

from the Office of the High Commissioner, relevant special procedures of the Human

Rights Council and from regional human rights mechanisms;

16. Invites States and other stakeholders to brief, on a voluntary basis, the Human

Rights Council at its thirty-fifth session on measures taken to implement the

recommendations contained in the report of the High Commissioner;2

17. Welcomes the work of the Office of the High Commissioner to promote and

protect civil society space, including its work on widening the democratic space, and invites

it to continue efforts in this regard;

18. Requests the High Commissioner to prepare a report compiling information

on the procedures and practices in respect of civil society involvement with regional and

international organizations, including United Nations bodies, agencies, funds and

programmes, and the contribution of civil society to their work and challenges and best

practices, and in that regard to continue to engage with and seek input from those

organizations and entities, as well as the views of States, national human rights institutions,

civil society and other stakeholders, and to submit the compilation to the Human Rights

Council at its thirty-eighth session;

19. Decides to remain seized of the matter.

46th meeting

1 July 2016

[Adopted by a recorded vote of 31 to 7, with 9 abstentions. The voting was as follows:

In favour:

Albania, Algeria, Bangladesh, Belgium, Botswana, Côte d’Ivoire, Ecuador,

El Salvador, France, Georgia, Germany, Ghana, India, Indonesia, Latvia,

Maldives, Mexico, Mongolia, Morocco, Namibia, Netherlands, Panama,

Paraguay, Philippines, Portugal, Republic of Korea, Slovenia, Switzerland,

the former Yugoslav Republic of Macedonia, Togo, United Kingdom of

Great Britain and Northern Ireland

Against:

China, Congo, Cuba, Nigeria, Russian Federation, South Africa, Venezuela

(Bolivarian Republic of)

Abstaining:

Bolivia (Plurinational State of), Burundi, Ethiopia, Kenya, Kyrgyzstan,

Qatar, Saudi Arabia, United Arab Emirates, Viet Nam]