INTERNATIONAL COUNCIL
SUPPORTING FAIR TRIAL and
HUMAN RIGHTS

Registration No. : 2795

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The HRC has adopted the Resolution L17: Civil society space – engagement with international and regional organizations with a majority vote of 35 yes and 11 abstentions.

The HRC has adopted the Resolution L17: Civil society space - engagement with international and regional organizations with a majority vote of 35 yes and 11 abstentions. The resolution was called for a vote up on the request of China who expressed reservation on the resolution along with UAE and Saudi Arabia. In an attempt to dilute and mute the text of the resolution UAE, Saudi, and China presented amendments that put forth restrictions on civil society space in national and international foras.

However despite these counties effort to reject the resolution, it was adopted in its entirety with the aim of securing including and safe space for civil society actors including human rights organizations and activists.

The Resolutions reads: "... The Human Rights Council, guided by the purposes and principles of the Charter of the United Nations, (...) recalling all other Human Rights Council and General Assembly resolutions relevant to creating and maintaining civil society space, inter alia, those addressing freedom of opinion and expression; the rights to freedom of peaceful assembly and of association; protecting human rights defenders; equal participation in political and public affairs; cooperation with the United Nations, its representatives and mechanisms in the field of human rights; promotion and protection of human rights in the context of peaceful protests; and the promotion, protection and enjoyment of human rights on the Internet"

It recalled the role of the Human Rights Council in the prevention of human rights violations through cooperation and dialogue, in accordance with General Assembly resolution 60/251 of 15 March 2006, and welcomed the contribution of civil society in this regard, and also the fundamental contribution that civil society and human rights defenders make to the promotion of human rights, the creation of peaceful dialogue and the building of pluralistic democracies.

It demonstrated being gravely concerned that, in many countries, persons and organizations engaged in promoting and defending human rights and fundamental freedoms frequently face threats, harassment, discrimination and attacks and suffer insecurity as a result of those activities, including through restrictions on freedom of association or expression or the right to peaceful assembly, or abuse of criminal or civil proceedings, or deplorable acts of intimidation and reprisal intended to prevent their cooperation with the United Nations and other international bodies in the field of human rights, and strongly condemning all such violations and abuses.

Nevertheless, 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 rejected all threats, attacks, reprisals and acts of intimidation against civil society actors, and underscored 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.

The Resolution reaffirmed the importance of adopting and implementing non-discriminatory measures to assist in the strengthening of a diverse and 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 decision-making processes.

The resolution urged States to fulfil their obligation to respect and fully protect the civil, political, economic, social and cultural rights of all individuals, online and offline as applicable, inter alia, the right to freedom of expression and opinion, including artistic expression and creativity, and the right to assemble peacefully and associate freely.

It also urged States to take all steps necessary to prevent threats, attacks, discrimination, arbitrary arrests and detention or other forms of harassment, reprisals and acts of intimidation against civil society actors, to investigate any such alleged acts, to ensure access to justice and accountability, and to end impunity where such violations and abuses have occurred, 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, insecurity and reprisals.

To do so, it invited States to seek technical assistance and advice in this regard, including from the Office of the High Commissioner, relevant special procedures of the Human Rights Council and from regional human rights mechanisms.

Human rights defenders and civil society organizations from Bahrain, Kuwait, Saudi operate under a very repressive environment even at times risking their lives for the cause. Restrictions in the form of travel bans, judicial harassment, citizenship revocation are just a few examples of regressions faced by human rights defenders and csos!

ICSFT calls on UAE, Saudi Arabia, Bahrain, Israel and Kuwait to abide by the international standards and stop restricting civil society space and its engagement with international and regional organisations.

⇒ A_HRC_38_L17_rev1