Statement for the Launching of 2013 Observatory report delivered by the Deputy High Commissioner for Human Rights

28 February 2013

Mr. Chair,
Distinguished panellists,
Colleagues and friends,

On behalf of the High Commissioner and all of us at the OHCHR, I am delighted to share with you a few opening remarks on the occasion of the launch of the 2013 annual report of the Observatory, a programme which has been instrumental, since its inception in 1997, in advocating for the rights of courageous human rights defenders in all parts of the world, and providing a space in which their voices can be heard.

This year’s Observatory report focuses for the first time on a specific thematic issue, namely NGOs’ access to funding and resources for their work to protect and promote universal human rights. The choice of subject is particularly pertinent and timely, as this is key to the enjoyment of the right to freedom of association, which has increasingly and in far too many instances, been either denied, or restricted in contravention of international human rights law, by Governments fearing democratic change or challenges to their human rights records. It is all the more disturbing that these difficulties persist this year, as we celebrate the twentieth anniversary of the Vienna Declaration and Programme of Action, which solemnly recognized, inter alia, the role of NGOs in the promotion of human rights at national, regional, and international levels.

Indeed, human rights defenders have, on many occasions, been subject to defamation or smear campaigns, assaulted, faced administrative and judicial harassment, including being forced to cease their activities and sentenced to prison terms, for relying on foreign funding to carry out their legitimate human rights activities. The situation has been exacerbated by the prolonged economic crisis, which has further accentuated the need for NGOs to secure financial resources for their continued existence.

Clearly, a dynamic, diverse and independent civil society, that requires resources, is vital to an effective human rights protection system at the national level. I want to echo the statement made last year by the High Commissioner for Human Rights who publicly “expressed deep concern about current or recent moves in a number of countries to curtail the freedom of NGOs and other civil society actors to operate independently and effectively” as well as “alarm at recent or ongoing attempts in a number of countries to tighten control over NGOs by restricting their sources of funding, and in particular foreign funding on which many very effective civil society organizations rely heavily”.

Special procedures mandate holders, including the Special Rapporteur on the rights to freedom of peaceful assembly and of association, and the Special Rapporteur on the situation of human rights defenders, who will deliver video messages in a few minutes, have also repeatedly condemned violations of the human rights of defenders in relation to access to funding and resources. Similarly, treaty bodies experts have underlined the principle that NGOs should be able to access funding freely.

The Human Rights Council, in its resolution 21/16 adopted in October last year, recognized the importance of the freedom of association, coupled with the freedom of peaceful assembly, as well as the importance of civil society, to good governance. The Council further reminded States of their obligation to respect and fully protect the rights of all individuals to assemble peacefully and associate freely, online as well as offline, including in the context of elections.

This resolution underscores the importance the Council places upon the full respect and enjoyment of the right to freedom of association, which is made possible only if access to funding is fully allowed. During the present session of the Council, a draft resolution on “legislation affecting human rights defenders”, which calls on States to guarantee access for human rights NGOs to funding, will be discussed. This resolution is an opportunity for the Council to go one step further and take a strong stand on this important issue.

I congratulate the Observatory for its important report, and I hope it will contribute to greater respect and support - moral, legal and financial - for the vital work of human rights defenders in strengthening human rights protection and promotion on the ground

I thank you for your attention, and wish you a fruitful discussion.

"New restrictions on NGOs are undermining human rights : Pillay” (25 April 2012)
http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=12081&LangID=E