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Reply to Recommendation | Doc. 14206 | 23 November 2016
How can inappropriate restrictions on NGO activities in Europe be prevented?
1. The Committee of
Ministers has carefully considered Parliamentary Assembly Recommendation
2086 (2016) entitled “How can inappropriate restrictions on NGO
activities in Europe be prevented?”, which it has forwarded to the
European Committee on Legal Co-operation (CDCJ) and the Conference
of INGOs for information and any comments.
2. The Committee shares the Assembly’s view that international
non-governmental organisations (INGOs) are one of the key components
of an open and democratic society enabling civil society to take
part in the decision-making process. NGOs make an essential contribution
to the defence of human rights and to the strengthening of democracy
and the rule of law. The Committee of Ministers reasserts the particular
importance of ensuring NGOs’ freedom of action, in accordance with
the rights to freedom of expression and association, as provided
for by Articles 10 and 11 of the European Convention on Human Rights,
which are among the fundamental values of the Council of Europe.
It recalls that the exercise of these rights cannot be subject to restrictions
other than those provided for in paragraph 2 of Articles 10 and
11.
3. The Committee of Ministers strongly encourages member States
to fully implement Recommendation CM/Rec(2007)14 on the legal status of non-governmental organisations
in Europe. It also calls on member States to ensure the existence
of an environment that is favourable to NGOs and to refrain from
taking any measures which place inappropriate restrictions on the
establishment, functioning and financing of NGOs. With regard to
the carrying out of a study to take stock of implementation of Recommendation CM/Rec(2007)14, the Committee of Ministers points out that such a study
had been embarked upon in 2010 by the European Committee on Legal
Co-operation (CDCJ). It expresses its regret that only a small number
of member States took part in this study but welcomes the fact that
those who did take part have adopted positive measures to bring
their legislation in line with the recommendation. The Committee
of Ministers notes that the CDCJ plans to undertake a new review
of the implementation of Recommendation CM/Rec(2007)14.
4. With regard to the Assembly’s call for a revision of Recommendation CM/Rec(2007)14 in order to adapt it to the new threats facing NGOs,
the Committee considers that the said recommendation clearly sets
out the minimum standards for the protection of NGOs which, if they
are complied with, offer a means of effectively combating inappropriate
restrictions on NGO activities in Europe. It therefore believes
that priority should be given to the implementation in practice
of the provisions contained in the recommendation, and strict compliance
with Articles 10 and 11 of the European Convention on Human Rights,
before considering a possible revision. In this connection, it points
out that following the thematic debate on the freedom of assembly and
association which it held on 7 October 2015 (see paragraph 6 below),
it encouraged “member States to review their domestic legislation
and practice regarding freedom of assembly and association in order
to ensure that they meet the requirements posed by Article 11 of
the European Convention on Human Rights and other relevant Council
of Europe instruments with due regard to the conclusions and recommendations
of its monitoring bodies”. It further points out that in his report
on “The state of democracy, human rights and the rule of law: a
security imperative for Europe”, which he presented at the 126th Session
of the Committee of Ministers (Sofia, 18 May 2016), the Secretary
General called for a study on the standards applying to foreign
funding of NGOs in the member States. This initiative, and any follow-up,
will be subject to discussion in the Committee of Ministers.
5. With regard to the thematic debate on the role and functioning
of NGOs in the Council of Europe, held by the Ministers’ Deputies
at their 1202nd meeting (10 June 2014),
it should be pointed out that, following this debate, the Rapporteur
Group on Democracy (GR-DEM) had been tasked with considering the
general proposals concerning strengthening interaction with NGOs.
Following its consideration, the GR-DEM concluded that it was possible
to strengthen the role of NGOs in the Council of Europe in full
compliance with the rules in force. Accordingly, the President of
the Conference of INGOs presents an annual report to the Ministers’
Deputies. Moreover, a representative of the Conference is invited
to participate in the GR-DEM before and after the Plenary Session
of the Conference in order to present the activities and proposals
of the Conference. The Committee of Ministers is ready to pursue
the exchanges with the representatives of civil society, including
at the level of its various rapporteur groups, in accordance with
the applicable rules. It should also be noted that, following the
thematic debate, the Conference of INGOs regularly invites the Permanent Representatives
to the plenary meetings of the Conference of INGOs and to the various
events it organises. Lastly, it should be pointed out that on 6
July 2016, the Committee of Ministers adopted a new Resolution on the
participatory status of international non-governmental organisations
with the Council of Europe. The main purpose of this new resolution
is to define more clearly the criteria for obtaining participatory
status in order to ensure more effective co-operation between the
Council of Europe and NGOs.
6. Finally, the Committee of Ministers points out that it held
another thematic debate at its 1237th meeting (7
October 2015), entitled “Freedom of assembly and association: current
challenges and the response from the Council of Europe”, with the
participation of the Commissioner for Human Rights, Mr Nils Muižnieks.
During this debate, member States expressed different opinions on
the establishment of a new mechanism aimed at strengthening the
protection of human rights defenders. Following the debate, the
Ministers’ Deputies called on the Secretary General to study the
feasibility of a mechanism for protecting human rights defenders,
taking account of the financial implications in the Programme and
Budget and the need to avoid any duplication with existing initiatives,
in order to submit operational proposals in this regard. The Secretary
General will shortly be putting forward such proposals. The Committee
of Ministers will keep the Parliamentary Assembly informed of any
follow-up action that could be taken.