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Resolution 2096 (2016)
How can inappropriate restrictions on NGO activities in Europe be prevented?
1. The Parliamentary Assembly recalls
the importance of the role of a dynamic civil society for the good functioning
of democracy and pays tribute to all the non-governmental organisations
(NGOs) whose work has strengthened human rights, democracy and the
rule of law in their States.
2. The Assembly stresses that all States Parties to the European
Convention on Human Rights (ETS No. 5) have agreed to ensure respect
for freedoms of assembly and association and of expression and information, and
thus to create a favourable environment for the exercise of those
freedoms, guided by the case law of the European Court of Human
Rights, Committee of Ministers Recommendation CM/Rec(2007)14 on
the legal status of non-governmental organisations in Europe and
the Joint guidelines on freedom of association adopted in December
2014 by the European Commission for Democracy through Law (Venice
Commission) and the Office for Democratic Institutions and Human
Rights of the Organization for Security and Co-operation in Europe.
3. The Assembly reaffirms its previous Resolutions 1660 (2009) and 1891 (2012) on the
situation of human rights defenders in Council of Europe member
States, as well as Resolution
2060 (2015), Recommendation 2073
(2015), Resolution
1729 (2010) and Recommendation
1916 (2010) on the protection of whistle-blowers.
4. The Assembly notes that in certain Council of Europe member
States the situation of civil society has dramatically deteriorated
over the last few years, in particular following the adoption of
restrictive laws and regulations, some of which have been strongly
criticised by the Venice Commission, the Council of Europe Commissioner
for Human Rights and the Conference of International Non-governmental
Organisations. In certain member States, NGOs encounter various
impediments to their registration, operating and financing. In others,
despite an appropriate legal framework, certain NGOs such as human
rights defenders and watchdog organisations are stigmatised. The
Assembly is particularly worried about the restrictions affecting
civil society in Azerbaijan and the Russian Federation and about
the situation in annexed Crimea and other territories outside the
control of State authorities.
5. As regards the situation of civil society in Azerbaijan, the
Assembly recalls its Resolution
2062 (2015) on the functioning of democratic institutions
in Azerbaijan and condemns once again the deterioration of the working
conditions of NGOs and human rights activists following changes
to the legislation on NGOs that impose inappropriate restrictions
on their activities. The Assembly calls on Azerbaijan to amend its
legislation on NGOs in accordance with the recommendations of the
Venice Commission (Opinions Nos. 636/2011 and 787/2014) and to fully
and promptly implement judgments of the European Court of Human
Rights, in particular those finding violations of the freedoms of
association, assembly and expression. The Assembly expresses its serious
concern over the continuing deterioration of the human rights situation
in Azerbaijan, and calls on Council of Europe member States to attach
special importance to human rights and fundamental freedoms in the
context of bilateral co-operation.
6. The Assembly also expresses strong concern about the so-called
“foreign agents law” modifying the Russian legislation on non-commercial
organisations, to the effect that NGOs receiving foreign funding
are obliged to register as “foreign agents”. It notes that dozens
of NGOs have been unilaterally registered as foreign agents by the
Minister of Justice and that even the laureate of the Assembly’s
2011 Human Rights Prize, the Nizhny Novgorod Committee against Torture,
was recently forced to close down for this reason. The Assembly
is also worried about the adoption, in May 2015, of the law on undesirable
organisations, the implementation of which may lead to the closure
of major international and foreign NGOs working in the Russian Federation.
The Assembly calls on Russia to amend the legislation on NGOs in
accordance with the Venice Commission’s Opinions Nos. 716/2013 and
717/2013 and calls on the authorities to implement the remaining
provisions of this legislation in accordance with the international
standards on the right to freedom of association and other relevant
human rights.
7. The Assembly therefore calls on member States to:
7.1. fully implement Committee of
Ministers Recommendation CM/Rec(2007)14;
7.2. review existing legislation with a view to bringing it
into conformity with international human rights instruments regarding
the rights to freedom of association, assembly and expression, by
making use of the expertise of the Council of Europe, and in particular
of the Venice Commission;
7.3. refrain from adopting any new laws which would result
in inappropriate restrictions on NGOs;
7.4. ensure that NGOs are effectively involved in the consultation
process concerning new legislation which concerns them and other
issues of particular importance to society;
7.5. ensure an enabling environment for NGOs, in particular
by refraining from any harassment (judicial, administrative or tax)
and smear campaigns;
7.6. sign and/or ratify the European Convention on the Recognition
of the Legal Personality of International Non-Governmental Organisations
(ETS No. 124), if this has not yet been done.
8. The Assembly, mindful of the precarious situation of civil
society in the Council of Europe area, resolves to remain seized
of the matter and to continue to give it priority, in view of the
urgent need to monitor respect for freedom of association, of assembly
and of expression.