183. No restrictions shall be placed on the exercise of the right to freedom of association other than those that are prescribed by law, serve a legitimate aim and are necessary in a democratic society. As stipulated in international law, only the following constitute permissible grounds for limitations of the right to freedom of association: national security interests; the protection of public safety, public health or morals; the prevention of disorder or crime; and the protection of the rights and freedoms of others. Any limitations on the exercise of this fundamental right must strictly comply with international norms and standards and must be in line with the principles of non-discrimination and proportionality. Furthermore, the Special Rapporteur on the rights to freedom of assembly and of association has recommended that states provide a detailed and timely written explanation for the imposition of any restriction, and that they ensure the possibility to challenge it before a competent and independent court.266 184. Article 22 of the ICCPR and Article 11 of the ECHR expressly state that these arti- cles shall not prevent the imposition of lawful restrictions on members of the armed forces and of the police in their exercise of the right to freedom of association. While certain restrictions on members of the armed forces, the police or the administration of the state may be justified where the exercise of this right would conflict with their public duties and/or jeopardize their political neutrality, any such restrictions must also be in line with the principles of legality, necessity and proportionality. This is to safeguard their right to associate freely with others, including for the purpose of defending human rights. As such, human rights defenders who are members of the armed forces, police or the state administration also have the right to organize themselves in associations to collectively pursue, promote and defend their common interests. Where these rights are subject to limitations, the reasons for such limitations should be regularly reviewed, as recommended by the Council of Europe Committee of Ministers, with a view to lifting the restrictions if there is no longer a valid justification for them.267 185. OSCE participating States have reaffirmed that the “right of association will be guaranteed” and have committed to “ensure that individuals are permitted to exercise the right to association, including the right to form, join and participate effectively in non-governmental organizations which seek the promotion and protection of human rights and fundamental freedoms, including trade unions and human rights monitoring groups”.268 They recognize as NGOs “those which declare themselves as such”269 and consider them “an integral component of a strong civil society […having pledged…] to enhance the ability of NGOs to make 266  A/HRC/23/39, 24 April 2013, para. 81. 267  Recommendation CM/Rec(2010)4 of the Committee of Ministers of the Council of Europe and explanatory memorandum on human rights of members of the armed forces, 24 February 2010, paras. 53-57, <http:// www.coe.int/t/dghl/standardsetting/hrpolicy/publications/cmrec_2010_4en.pdf>. See also PACE Recommendation 1572 (2002) on the right to association for members of the professional staff of the armed forces, 3 September 2002, <http://assembly.coe.int/main.asp?Link=/documents/adoptedtext/ta02/erec1572.htm>. 268  Copenhagen 1990, paras. 9.3 and 10.3. 269  Moscow 1991, para. 43. 88 Guidelines on the Protection of Human Rights Defenders

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