Introduction International Context From the beginnings of the so-called Helsinki Process in the 1970s, participating States committed themselves to protecting human rights and fundamental freedoms, and also highlighted the importance of making these rights known to everyone and to protecting those involved in such activities. The recognition of the role that civil society and NGOs play in promoting respect for human rights was first reflected in the 1975 Helsinki Final Act and has been reaffirmed since then in the 1990 Charter of Paris and in the commitments made in the 1993 Helsinki Document, the 1994 Budapest Document, and the 1999 Istanbul Charter for European Security. The OSCE’s activities in this field are embedded in a wider international context that emphasizes the need to protect human rights defenders. In 1998, the United Nations General Assembly adopted the Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights.1 Subsequently, in 2000, the UN SecretaryGeneral appointed a special representative on the situation of human rights defenders, with whom the ODIHR closely co-operates. In 2002, the Council of Europe (CoE) adopted Fundamental Principles on the Legal Status of Non-Governmental Organisations in Europe, which set out in detail the rights and duties of NGOs in the light of Article 11 of the European Convention on Human Rights (which guarantees the freedom of assembly and association).2 The Action Plan of the Third Summit of CoE Heads of State and Government held on 16 and 17 May 2005 in Warsaw further recognized the essential role of NGOs in contributing to the transparency and accountability of democratic government.3 The CoE set up a group of specialists to draft a recommendation on the legal status of 1 UN General Assembly, Resolution A/RES/53/144, 18 March 2006, hereafter “the Declaration on Human Rights Defenders”. See Annex III. This report follows the Declaration in its understanding of the term “human rights defender”. 2 CoE, Fundamental Principles on the Status of Non-governmental Organisations in Europe, <http:// www.coe.int/t/e/ngo/public/PrincFondam%20en%20engl.pdf>. 3 CoE Action Plan, CM(2005)80 final, Warsaw, 17 May 2005, <www.coe.int/t/dcr/ summit/20050517_plan_action_en.asp>. 1