must ensure that their regulatory framework in these areas is not overly burdensome, and that as few bureaucratic and other burdens as possible prevent defenders from pursuing their activities free from unnecessary government interference. Participating States submitted to ODIHR a number of examples of practices that help create such an open space for action. Freedom of association The right to associate, both formally and informally, is very important for human rights work. Defenders need to be able to meet, discuss issues, and support one another in their work.115 In keeping with OSCE commitments on freedom of association, and barring very specific exceptions (e.g., groups directly calling on individuals to commit acts of violence), the state must leave it to defenders to define their goals and the way they go about achieving these goals. The state must reduce its interference to a minimum on issues such as the requirements and conditions for registration and the bureaucratic activities required to obtain it.116 The freedom of association does not concern itself merely with the foundation and registration of NGOs, but more widely with the right of human beings to unite for a cause of their choosing. The manner in which they choose to do so – the foundation of an association or some other legal person, or purely informally – is not a matter for the state, and is not within the state’ s purview to limit or restrict, barring the exceptions provided in international human rights law. A number of helpful legislative and other methods exist that the state can use to create a field for open action on the part of individuals seeking to associate. These include: • • • • Not requiring prior registration for the acquisition of legal personality; Using simple (re-)registration procedures; Making reasoned decisions on (re-)registration; and Making it possible to appeal registration-related decisions in court. Not requiring prior registration for the acquisition of legal personality A number of OSCE participating States do not require prior registration for informal groups to receive recognition as a legal person.117 Although formal registration may be useful, conferring on informal groups certain benefits such as tax-exempt status or 114 Art. 17 of the UN Declaration on Human Rights Defenders says: “ In the exercise of the rights and freedoms referred to in the present Declaration, everyone, acting individually and in association with others, shall be subject only to such limitations as are in accordance with applicable international obligations and are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society.” 115 See Copenhagen 1990, op. cit., note 25, paras. 10.1-10.4. 116 “ Fundamental Principles on the Status of Non-governmental Organisations in Europe” , Council of Europe, Strasbourg, 13 November 2002, Principle 28: “ The rules for acquiring legal personality should be published together with a guide to the process involved. This process should be easy to understand, inexpensive and expeditious. In particular, an NGO should only be required to file its statutes and to identify its founders, directors, officers and legal representative and the location of its headquarters. A foundation, fund or trust may be required to prove that it has the financial means to accomplish its objectives.” 117 Portugal’ s response to ODIHR’ s questionnaire, 25 May 2008; Denmark’ s response to ODIHR’ s questionnaire, 2 June 2008; Germany’ s response to ODIHR’ s questionnaire, 30 May 2008. 27