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Resolution 2226 (2018)
New restrictions on NGO activities in Council of Europe member States
1. The Parliamentary Assembly recalls
its Resolution 2096 (2016) and Recommendation 2086 (2016) How can
inappropriate restrictions on NGO activities in Europe be prevented?,
its previous Resolutions
1660 (2009), 1891
(2012) and 2095
(2016) and Recommendation
2085 (2016) concerning 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.
2. The Assembly reiterates the importance of non-governmental
organisations (NGOs) for the development and realisation of democracy,
the rule of law and human rights. They do this, in particular, by promoting
public awareness and participation in public life, securing the
transparency and accountability of public authorities, and contributing
to the cultural life and social well-being of democratic societies.
The Assembly pays tribute to all NGOs, whose work has strengthened
human rights, democracy and the rule of law in the member States
of the Council of Europe.
3. The Assembly recalls that by acceding to the European Convention
on Human Rights (ETS No. 5), the member States of the Council of
Europe agreed to ensure, without discrimination, respect for the
freedoms of assembly, association and expression, which are inextricably
linked to one another and are vital to the proper functioning of
civil society. Any restriction of the above rights shall be “prescribed
by law”, “necessary in a democratic society” and proportionate to
the envisaged legitimate aim.
4. The Assembly notes with concern that, in several Council of
Europe member States, the space for civil society has been shrinking
over the last few years, especially in respect of NGOs working in
the area of human rights. This has been mainly due to restrictive
laws and regulations concerning registration requirements or funding,
administrative harassment, smear campaigns against certain groups
and threats or intimidation against NGO leaders and activists.
5. The Assembly recalls its Resolution 2184 (2017) on the functioning
of democratic institutions in Azerbaijan and Resolution 2185 (2017) Azerbaijan’s
Chairmanship of the Council of Europe: what follow-up on respect
for human rights? and condemns the lack of a conducive environment
for the activities of NGOs and reprisals against civil society activists
in Azerbaijan. It calls on Azerbaijan to amend its legislation on
NGOs in accordance with the case law of the European Court of Human
Rights and the recommendations of the European Commission for Democracy
through Law (Venice Commission) (Opinions Nos. 636/2011 and 787/2014).
6. Recalling its Resolution
2162 (2017) Alarming developments in Hungary: draft NGO
law restricting civil society and possible closure of the European
Central University, the Assembly expresses concern about the entry
into force of the law on the transparency of organisations receiving
support from abroad and calls on Hungary to repeal the provisions
of this text that are not in line with the Venice Commission’s recommendations (Opinion
No. 889/2017). It is also alarmed by the adoption by the Hungarian
Parliament of the “Stop-Soros” package of laws restricting the freedoms
of NGOs working for refugees’ and migrants’ rights and their members,
and calls on Hungary to revise these laws in accordance with the
opinion of the Venice Commission and the Office for Democratic Institutions
and Human Rights of the Organization for Security and Co-operation in
Europe (OSCE/ODIHR) adopted on 22 June 2018.
7. The Assembly remains concerned about the implementation of
the “foreign agents law” and the “law on undesirable organisations”,
which has led to the closure of dozens of domestic NGOs that received
foreign funding and termination of operations of the major international
and foreign donor organisations that supported the activities of
Russian NGOs. The Assembly reiterates its calls on the Russian Federation
to amend the legislation on NGOs in accordance with the Venice Commission
Opinions Nos. 716/2013, 717/2013 and 814/2015.
8. Recalling its Resolutions
2156 (2017) on the functioning of democratic institutions
in Turkey and 2209 (2018) State of emergency: proportionality issues
under Article 15 of the European Convention on Human Rights, the
Assembly is particularly worried about the high number of associations
and foundations (nearly 1 600) closed on the basis of state of emergency
measures. It calls on Turkey to lift the state of emergency as soon
as possible, to ensure that the closed NGOs dispose of an effective
remedy against the decision concerning their definitive closure
and to reconsider the necessity and proportionality of the measures restricting
the freedoms of association, assembly and expression, in light of
the case law of the European Court of Human Rights and the recommendations
of the Venice Commission (Opinion No. 865/2016).
9. The Assembly calls on Romania and Ukraine to reject the recently
proposed draft laws imposing additional financial reporting obligations
on NGOs, unless they are amended according to the recommendations
of the Venice Commission and the OSCE/ODIHR (see, respectively,
Opinions Nos. 914/2017 and 912/2018) and to submit them to broad
public consultations. It also calls on Ukraine to repeal as soon as
possible the e-declaration requirements for anti-corruption activists
introduced by Law No. 1975-VIII of 23 March 2017.
10. The Assembly calls on all member States to:
10.1. fully implement Committee of
Ministers Recommendation CM/Rec(2007)14 on the legal status of non-governmental
organisations in Europe;
10.2. review and repeal or amend legislation that impedes the
free and independent work of NGOs and ensure that this legislation
is in conformity with international human rights instruments regarding
the rights to freedom of association, assembly and expression (including
the Joint Venice Commission–OSCE/ODIHR Guidelines on Freedom of
Association and on Freedom of Peaceful Assembly), by making use
of the Council of Europe, and in particular of the Venice Commission
and the Expert Council on NGO Law of the Conference of International
Non-Governmental Organisations;
10.3. refrain from adopting new laws which would result in unnecessary
and disproportionate restrictions or financial burdens on NGO activities;
10.4. ensure that NGOs can seek, receive and use transparent
funding and other resources, whether domestic or foreign, without
discrimination or undue impediments;
10.5. ensure that NGOs are effectively involved in the consultation
process concerning new legislation which concerns them and other
issues of particular importance to society, such as the protection
of human rights;
10.6. ensure an enabling environment for civil society, in particular
by refraining from any harassment (judicial, administrative or tax-related),
negative public discourse, smear campaigns against NGOs and intimidation
of civil society activists;
10.7. 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.
11. The Assembly, mindful of the shrinking space for civil society
in many member States of the Council of the Europe, resolves to
remain seized of the matter.