from taking part in the formation of an association, should be abolished.292 Such
requirements may inhibit the establishment of NGOs and prevent human rights
defenders from collectively pursuing shared goals as a legal entity.
203. To avoid undue interferences by state authorities and unduly long registration pro-
cedures that may obstruct human rights defenders from carrying out their activities
in association with others pending the completion of the registration process, the
UN Special Rapporteur on the rights to freedom of assembly and of association has
recommended states to put in place a notification procedure, rather than operating
an authorization system whereby human rights NGOs have to seek the approval
by a registering authority in order to obtain legal personality. Under such a notification system the organization should automatically be afforded legal personality
once it submits a notification about its formation to the competent authority.293
204. A ny refusal by the registration body to grant legal personality must be reasoned
and strictly in line with international human rights standards, and must be subject to prompt review by a competent, independent and impartial court. Similarly,
there must be effective legal remedies to challenge any other administrative decisions or proceedings of the registration or supervisory bodies. In addition, the formation of branches of associations or networks of associations, including those
that operate at the international level, as well as domestic chapters of international
NGOs, should be subject to the same notification procedure.294 Furthermore, as
the Special Rapporteur on the situation of human rights defenders has emphasized, registered NGOs should not be required to re-register, but should be considered as continuing to operate legally and provided with accelerated procedures to
update their registration in the event of the adoption of a new law.295
Concerning the functioning of NGOs:
205. Once an NGO has been established, participating States have a duty not to inter-
fere with their activities and internal decision-making processes, regardless of
whether or not the NGO is registered. However, as observed by the UN Special
Rapporteur on the situation of human rights defenders, developments in recent
legislation show that many NGO laws grant state authorities extensive powers to
292 As recommended by the Council of Europe Committee of Ministers concerning the legal status of non-governmental organizations in Europe, “two or more persons should be able to establish a membership-based NGO
but a higher number can be required where legal personality is to be acquired, so long as this number is not set
at a level that discourages establishment”, CM/REC(2007)14, 10 October 2007, para. 17. The UN Special Rapporteur on the rights to freedom of peaceful assembly and of association considers it best practice for legislation
to require no more than two persons to establish an association. While he notes that a higher number may be
required to establish a union or a political party, this number should not be set at a level that would discourage
people from engaging in associations. See Report of the Special Rapporteur on the rights to freedom of peaceful
assembly and of association, UN Doc. A/HRC/20/27, 21 May 2012, para. 54.
293 A/HRC/20/27, 21 May 2012, para. 58.
294 Ibid. para. 59.
295 A/59/401, para. 82(i).
Guidelines on the Protection of Human Rights Defenders
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