Laws, administrative procedures and requirements governing the operation
of NGOs
189. Participating States should provide for an enabling legal framework to ensure that
human rights defenders can freely exercise their right to freedom of association,
including the right to form, join and participate effectively in NGOs that seek to
promote and protect human rights and fundamental freedoms. Such laws must be
clear, precise and in strict compliance with international human rights standards.
The UN Human Rights Council has underscored that consistency of national legislation with the UN Charter and international human rights law is of utmost importance. It has urged states “to create and maintain, in law and practice, a safe and
enabling environment in which civil society can operate free from hindrance and
insecurity”.273
190. Participating States should ensure that the right to associate freely is guaranteed
without discrimination. The UN Special Rapporteur on the rights to freedom of
peaceful assembly and of association has called upon states to ensure that the right
to freedom of association is “enjoyed by everyone, any registered or unregistered
entities, including women, those victims of discrimination because of their sexual
orientation and gender identity, youth, persons belonging to minorities, indigenous peoples, non-nationals, including stateless persons, refugees or migrants,
and members of religious groups, as well as activists advocating economic, social,
and cultural rights”.274
191. As the UN Special Rapporteur on the situation of human rights defenders has
observed, laws that impose “far-reaching restrictions on the ability of organizations to carry out their activities without interference” or undermine “the independent functioning of a healthy civil society” should be amended or repealed.275
Any relevant legislative initiatives to that end should be subject to open and transparent consultation with civil society. Consultations should commence at the earliest stage possible – preferably prior to the initial drafting – and should be open
to NGOs without discrimination on account of their connection with particular
groups or the nature of the rights defended.
192. To ensure the compatibility of domestic laws governing NGOs and other associ-
ations with human rights standards, participating States are encouraged to seek
the expertise of international bodies that specialize on legislative review, such as
OSCE/ODIHR and the Council of Europe’s Venice Commission. They are encouraged to consider the opinions and implement recommendations made by these and
other human rights mechanisms, including the UN Special Rapporteur on the right
to freedom of peaceful assembly and of association and the UN Special Rapporteur
on the situation of human rights defenders.
273 A/HRC/RES/22/6, adopted on 21 March 2013, para. 2; and A/HRC/RES/24/21, adopted on 27 September
2013, para. 2.
274 A/68/299, 7 August 2013, para. 58 (b).
275 A/64/226, 4 August 2009, paras. 53 and 54.
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Guidelines on the Protection of Human Rights Defenders
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