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Compendium of International Legal Instruments and Other Inter-Governmental Commitments Concerning Core Civil Society Rights

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Compendium of International Legal Instruments and Other Inter-Governmental Commitments Concerning Core Civil Society Rights COMPENDIUM OF INTERNATIONAL LEGAL INSTRUMENTS AND OTHER INTER-GOVERNMENTAL COMMITMENTS CONCERNING CORE CIVIL SOCIETY RIGHTS January 2014 CONTENTS Acknowledgements I. Preface II. Introduction III. International, Regional and Sub-Regional Commitments relevant to Civil Society A. UNITED NATIONS (UN) B. INTER-GOVERNMENTAL ORGANISATIONS OF AFRICA 1. African Union (AU) 2. Economic Community of Central African States (ECCAS) 3. Economic Community of West African States (ECOWAS) 4. Southern African Development Community (SADC) C. INTER-GOVERNMENTAL ORGANISATIONS OF THE AMERICAS 1. Organization of American States (OAS) 2. Andean Community 3. Sistema de la Integración Centroamericana (SICA) 4. Union of South American Nations (UNASUR) D. INTER-GOVERNMENTAL ORGANISATIONS OF ASIA 1. League of Arab States 2. Association of Southeast Asian Nations (ASEAN) 3. South Asian Association for Regional Cooperation (SAARC) E. INTER-GOVERNMENTAL ORGANIZATIONS OF EUROPE 1. Council of Europe (COE) 2. Organization for Security and Cooperation in Europe (OSCE) 3. European Union (EU) F. OTHER INTERNATIONAL ENTITIES 1. The Commonwealth 2. Community of Democracies 3. Inter-Parliamentary Union (IPU) 4. International Conference of New or Restored Democracies 5. Organisation Internationale de la Francophonie (OIF) 6. Organisation of the Islamic Conference (OIC)/Renamed: Organisation of Islamic Cooperation (OIC) 7. Commonwealth of Independent States (CIS) 8. Global Partnership for Effective Development Cooperation (UNDP-OECD): Outcome of the 4th High Level Forum on Aid Effectiveness Compendium of International Legal Instruments and other Inter-Governmental Commitments Concerning Core Civil Society Rights IV. International Standards related to the regulation of Civil Society Organisations A. General Principles on the Regulation of Civil Society Organisations at the National Level B. International Principles Protecting Civil Society Developed by the International Centre – For – Not – For Profit Law & The International Secretariat For World Movement For Democracy at The National Endowment For Democracy V. Guiding Principles Issued by the Open Forum for CSO Development Effectiveness VI International Standard-Setting Instruments on Civil Society VII. Annexes: Useful Resources and Publications ACKNOWLEDGMENTS Contributors Clelia Mitidieri; Eleanor Hobhouse; Mandeep Tiwana; Michael Rubin; Roberto Wohlgemuth. Copy, Edit and Design: Kyle Harris; Meghan Judge 3 Compendium of International Legal Instruments and other Inter-Governmental Commitments Concerning Core Civil Society Rights I. Preface The practical realisation of core civil society freedoms to express, associate and assemble, which are contained in a vast body of international law and inter-governmental commitments, is critical to civic existence and effective citizen participation. Nevertheless, in various contexts around the world, civil society faces new and increasing infringements on fundamental rights and the exercise of basic civil liberties and political freedoms. This compendium collates and consolidates various commitments made by national governments - both regionally and at the UN- to assure necessary space for civil society to carry out its activities. It is intended to be a reference point for civil society organisations and human rights defenders in their efforts to realise such rights commitments and guard against infringements. CIVICUS: World Alliance for Citizen Participation seeks to bring together key stakeholders committed to strengthening civil society and helps build their capacity to utilise existing mechanisms, while constantly striving for new and innovative means to enhance the ability and reach of the sector. CIVICUS hopes that this comprehensive and accessible document will spur efforts to enhance and defend the right of civic association and citizen participation across the globe. For the purposes of this compendium and in its work, CIVICUS seeks to construe the term ‘citizen’ in its broadest possible sense, which does not necessarily imply legal citizenship in any specific country. This compendium is the first attempt to consolidate international standards and commitments relevant to civil society. It is a work in progress. Input and feedback on how the compendium can be made more inclusive, accessible and resourceful is welcome. 4 Compendium of International Legal Instruments and other Inter-Governmental Commitments Concerning Core Civil Society Rights About CIVICUS: World Alliance for Citizen Participation CIVICUS: World Alliance for Citizen Participation is an international alliance of members and partners which constitute an influential network of organisations at the local, national, regional and international levels, and span the spectrum of civil society including: civil society networks and organisations; trade unions; faith-based networks; professional associations; NGO capacity development organisations; philanthropic foundations and other funding bodies; businesses; and social responsibility programmes. CIVICUS has worked for over a decade to strengthen citizen action and civil society throughout the world, especially in areas where participatory democracy and citizens' freedom of association are threatened. CIVICUS has a vision of a global community of active, engaged citizens committed to the creation of a more just and equitable world. This is premised on the belief that the health of societies exists in direct proportion to the degree of balance between the state, the private sector and civil society. CIVICUS provides a focal point for knowledge-sharing, common interest representation, global institution- building and engagement among these disparate sectors. It acts as an advocate for citizen participation as an essential component of governance and democracy worldwide. CIVICUS seeks to amplify the voices and opinions of ordinary people and it gives expression to the enormous creative energy of the burgeoning sector of civil society. (For more information visit www.civicus.org) 5 Compendium of International Legal Instruments and other Inter-Governmental Commitments Concerning Core Civil Society Rights II. Introduction Civil Society and the imperative to protect it Civil Society, in its broadest and simplest terms refers to “The arena – outside of the family, the state, and the market – which is created by individual and collective actions, organisations and institutions to advance shared interests”. This formulation includes non-governmental organisations, private voluntary organisations, peoples’ movements, community-based organisations, trade unions, charities, social and sports clubs, cooperatives, environmental groups, professional associations, consumer organisations, faith- based organisations and the not for profit media, in the definition of civil society. A strong, vigorous and independent civil society is an asset to society for several reasons. Civic existence provides individuals and groups with vital space to pursue and protect their varied interests (e.g. culture, recreation, sport, social and humanitarian assistance). The existence of such space also ensures that individuals and groups are legally able to put forward diverse - and sometimes competing – interests. This is crucial to participatory democracy. Moreover, the existence of numerous and diverse civic organisations offers a vital medium for citizens to engage with government. Core Civil Society Rights Meaningful civic existence and effective citizen participation are rooted in the fundamental right of citizens to express, associate and assemble. Notably, these rights are guaranteed by law, in national constitutions as well as in primary legislation. They also figure in most of the international and regional human rights instruments and, significantly, are part of countries’ obligations under international law. States are obliged not only to respect and promote these rights but also protect them from infringement by both state and non-state actors. The right to freely express is crucial to civil society’s existence. It includes the right to access information, critically evaluate and speak out against the policies and actions o f s t a t e a n d non-state actors, as well as publicly draw attention to and carry out advocacy actions to promote shared concerns, without fear of retribution from any quarter. Civil society organisations are also assured the freedom to carry out investigations and document their findings under this right. 6 Compendium of International Legal Instruments and other Inter-Governmental Commitments Concerning Core Civil Society Rights International law mandates that freedom of expression can only be restricted in certain limited circumstances where it is necessary to protect the rights and reputations of others and to safeguard national security, public order, public health and morals. The margin for limitation is very narrow and the existence of the right itself cannot be put in jeopardy. The right to freely associate includes the right to establish a civil society organisation and also to freely join one. Individuals may operate civil society organisations and participate in their activities without fear or unwarranted interference. Freedom of association also encompasses the right to establish branches, recruit staff, raise funds freely, to fair taxation levels and to affiliate and cooperate with other organisations locally, nationally or internationally. International law protects the freedom of association and obligates states not to interfere with this right
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