RES/27/31 Civil society space

GE.A/HRC/27/33. 4-17953 (E)



Human Rights Council Twenty-seventh session

Agenda item 3

Promotion and protection of all human rights, civil,

political, economic, social and cultural rights,

including the right to development

Resolution adopted by the Human Rights Council

27/31

Civil society space

The Human Rights Council,

Guided by the purposes and principles of the Charter of the United Nations,

Guided also by the Universal Declaration of Human Rights, the Vienna Declaration

and Programme of Action, the International Covenants on Human Rights and all other

relevant instruments,

Recalling the Declaration on the Right and Responsibility of Individuals, Groups

and Organs of Society to Promote and Protect Universally Recognized Human Rights and

Fundamental Freedoms,

Recalling also all Human Rights Council resolutions relevant to creating and

maintaining civil society space, inter alia, resolutions 12/16 of 2 October 2009, on freedom

of opinion and expression, 21/16 of 27 September 2012, on the rights to freedom of

peaceful assembly and of association, 22/6 of 21 March 2013, on protecting human rights

defenders, 24/8 of 26 September 2013, on equal political participation, 24/21 of 27

September 2013, on civil society space: creating and maintaining, in law and in practice, a

safe and enabling environment, 24/24 of 27 September 2013, on cooperation with the

United Nations, its representatives and mechanisms in the field of human rights, 25/38 of

28 March 2014, on the promotion and protection of human rights in the context of peaceful

protests, and 26/13 of 26 June 2014, on the promotion, protection and enjoyment of human

rights on the Internet,

Recognizing the important role of civil society at the local, national, regional and

international levels, and that civil society facilitates the achievement of the purposes and

principles of the United Nations,

Mindful that domestic legal and administrative provisions and their application

should facilitate, promote and protect an independent, diverse and pluralistic civil society,

and in this regard strongly rejecting all threats, attacks, reprisals and acts of intimidation

United Nations A/HRC/RES/27/31

General Assembly Distr.: General 3 October 2014

Original: English

against civil society actors, and underscoring that States should investigate any such alleged

acts, ensure accountability and effective remedies, and take steps to prevent any further

such threats, attacks, reprisals or acts of intimidation,

Underscoring that the legal framework within which civil society operates is that of

national legislation consistent with the Charter of the United Nations and international

human rights law,

Deeply concerned that, in some instances, domestic legal and administrative

provisions, such as national security and counter-terrorism legislation, and other measures,

such as provisions on funding to civil society, have sought to or have been misused to

hinder the work and endanger the safety of civil society in a manner contrary to

international law, and recognizing the urgent need to prevent and stop the use of such

provisions, and to review and, where necessary, amend any relevant provisions in order to

ensure compliance with international human rights law and, as appropriate, international

humanitarian law,

Reaffirming that special emphasis should be given to measures to assist in the

strengthening of a pluralistic civil society, including through the strengthening of the rule of

law, social and economic development, the promotion of the right to freedom of expression,

online and offline, including artistic expression and creativity, access to information, the

rights of peaceful assembly and freedom of association, including soliciting, receiving and

utilizing resources, and the administration of justice, and to the real and effective

participation of the people in the decision-making processes,

Recognizing the crucial importance of the active involvement of civil society, at all

levels, in processes of governance and in promoting good governance, including through

transparency and accountability, at all levels, which is indispensable for building peaceful,

prosperous and democratic societies,

Recognizing also that creating and maintaining a safe and enabling environment in

which civil society can operate free from hindrance and insecurity assists States in fulfilling

their existing international human rights obligations and commitments, without which

equality, accountability and the rule of law are severely weakened,

Welcoming the recent enactment by some States of national legislation and policies

to facilitate, promote and protect civil society space consistent with international human

rights law, and looking forward to their effective implementation,

1. Welcomes the holding on 11 March 2014 of the panel discussion on the

importance of the promotion and protection of civil society space and the summary report

thereof;1

2. Reminds States of their obligation to respect and fully protect the civil,

political, economic, social and cultural rights of all individuals, inter alia, the rights to

freedom of expression and opinion and to assemble peacefully and associate freely, online

as well as offline, including for persons espousing minority or dissenting views or beliefs,

and that respect for all such rights, in relation to civil society, contributes to addressing and

resolving challenges and issues that are important to society, such as addressing financial

and economic crises, responding to public health crises, responding to humanitarian crises,

including in the context of armed conflict, promoting the rule of law and accountability,

achieving transitional justice goals, protecting the environment, realizing the right to

development, empowering persons belonging to minorities and vulnerable groups,

combating racism and racial discrimination, supporting crime prevention, countering

corruption, promoting corporate social responsibility and accountability, combating human

trafficking, empowering women and youth, advancing social justice and consumer

protection, and the realization of all human rights;

3. Urges States to create and maintain, in law and in practice, a safe and

enabling environment in which civil society can operate free from hindrance and insecurity;

4. Emphasizes the importance of civil society space for empowering persons

belonging to minorities and vulnerable groups, as well as persons espousing minority or

dissenting views or beliefs, and in that regard calls upon States to ensure that legislation,

policies and practices do not undermine the enjoyment of their human rights or the

activities of civil society in defending their rights;

5. Also emphasizes the important role of artistic expression and creativity in the

development of society and, accordingly, the importance of a safe and enabling

environment for civil society in that regard, in line with article 19 of the International

Covenant on Civil and Political Rights;

6. Urges States to acknowledge publicly the important and legitimate role of

civil society in the promotion of human rights, democracy and the rule of law;

7. Also urges States to engage with civil society to enable it to participate in the

public debate on decisions that would contribute to the promotion and protection of human

rights and the rule of law, and of any other relevant decisions;

8. Stresses in particular the valuable contribution of civil society in providing

input to States on the potential implications of legislation, when such legislation is being

developed, debated, implemented or reviewed;

9. Urges States to ensure access to justice, accountability and end impunity for

human rights violations and abuses against civil society actors, including by putting in

place, and where necessary reviewing and amending, relevant laws, policies, institutions

and mechanisms to create and maintain a safe and enabling environment in which civil

society can operate free from hindrance and insecurity;

10. Calls upon States to ensure that domestic provisions on funding to civil

society actors are in compliance with their international human rights obligations and

commitments and are not misused to hinder the work or endanger the safety of civil society

actors, and underlines the importance of the ability to solicit, receive and utilize resources

for their work;

11. Urges all non-State actors to respect all human rights and not to undermine

the capacity of civil society to operate free from hindrance and insecurity;

12. Emphasizes the essential role of civil society in subregional, regional and

international organizations, including in support of the organizations’ work, and in sharing

experience and expertise through effective participation in meetings in accordance with

relevant rules and modalities, and in this regard reaffirms the right of everyone, individually

and in association with others, to unhindered access to and communication with

subregional, regional and international bodies, in particular the United Nations, its

representatives and mechanisms;

13. Recognizes the valuable contribution of national, subregional, regional and

international human rights mechanisms and bodies, including the universal periodic review

and special procedures of the Human Rights Council, the treaty bodies and national human

rights institutions, to the promotion and protection of civil society space, and encourages

these mechanisms in the framework of their existing mandates to continue to address

relevant aspects of civil society space;

14. Welcomes the work of the Office of the United Nations High Commissioner

for Human Rights to promote and protect civil society space, including its work on

widening the democratic space, and invites it to continue efforts in this regard;

15. Requests the High Commissioner to prepare a compilation of practical

recommendations for the creation and maintenance of a safe and enabling environment for

civil society, based on good practices and lessons learned, and in this regard to continue to

engage with and seek the views of States, the special procedures of the Human Rights

Council, the treaty bodies, relevant United Nations bodies and agencies, regional human

rights mechanisms, national human rights institutions, civil society and other stakeholders,

and to submit the compilation to the Human Rights Council at its thirty-second session;

16. Decides to remain seized of the matter.

41st meeting

26 September 2014

[Adopted without a vote.]