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 101

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