restrictive laws and practices that considerably limit or ban the legitimate activities
of human rights defenders. Surveys, reports and other studies produced by human
rights defenders and their NGOs are often portrayed as having a “political agenda”
or as being biased or irrelevant. Other essential elements of human rights work,
such as public outreach, awareness-raising and advocacy, are also constrained in
several participating States as a result of unreasonable limitations, for example,
concerning the thematic or geographical scope of NGO work. In some participating
States, NGOs are, for example, reportedly only authorized to carry out their activities in the administrative district where the official registration was acquired. Such
regulations restrict the access of these NGOs to vulnerable minority groups or rural
and remote areas to carry out human rights work, as well as their participation
in public affairs accordingly. Participating States should abolish any regulations
and practices that impede the active, free and meaningful participation of human
rights defenders and NGOs in public affairs.
220. In a number of participating States human rights defenders and NGOs are not – or
not meaningfully – consulted on important social issues or legislative initiatives,
including those that govern the operation of NGOs and thus directly affect their
ability to pursue their legitimate work and objectives. If such consultations take
place, they are often organized on an ad-hoc basis, without ensuring equal and
non-discriminatory participation and without providing adequate time for human
rights defenders and NGOs to assess the implications of legislative initiatives and
provide input. The Council of Europe Committee of Ministers has stressed that
governments at all levels “should ensure the effective participation of NGOs without discrimination in dialogue and consultation on public policy objectives and
decisions” and should consult NGOs during the drafting of legislation which affects
their status, financing or spheres of operation.318 Such consultation can contribute
to ensuring the compliance of legislation that is being developed or reviewed with
international human rights standards. It is in the common interest of NGOs and
public authorities, as well as society as a whole, to have available such mechanisms so that relevant expertise and competent input is fully exploited.319
221. Effective participation goes beyond merely formal consultations. To guarantee
effective participation, consultation mechanisms must allow for input at an early
stage and throughout the process; they must also be open to alternative views on
the subject in question and to having these views ultimately shape its outcome.
As regards the interaction between civil society actors, in particular human rights
defenders and the UN, the UN Human Rights Council has reaffirmed the necessity
for inclusive and open dialogues and underlined that participation by civil society
should be facilitated in a transparent, impartial and non-discriminatory manner.320
318
CM/REC(2007)14, paras. 76 and 77.
319 “Explanatory Memorandum to Recommendation CM/Rec (2007) 14 of the Committee of Ministers to
member states on the Legal Status of Non-Governmental Organizations in Europe”, the Council of Europe Committee of Ministers, para. 135.
320
A/HRC/RES/22/6, 12 April 2013, paras. 15 and 17.
Guidelines on the Protection of Human Rights Defenders
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