理事会举行关于促进和保护民间社会空间的重要性的小组讨论（部分翻译）

人权理事会
下午

2014年3月11日

人权理事会今天下午举行关于促进和保护民间社会空间的重要性的小组讨论。讨论包括来自联合国秘书长潘基文的视频发言以及来自联合国秘书长和人权事务副高级专员的声明。

联合国秘书长潘基文在视频发言中表示，民间社会让我们注意到一些重大问题，为加强对人权的保护做出了贡献并谋求更公平的社会。他们动员为解决侵犯问题采取行动，许多人都冒着生命危险。民间社会行为者要能自由，独立，免遭恐惧、报复或恐吓地从事自己的工作。

人权事务副高级专员弗拉维亚∙潘谢里（Flavia Pansieri）表示，人们在多大程度上可以左右并监督影响其生活的决定是关乎其享有人权程度的根本性指标。民间社会的言论培育了公民道德和对人权的意识。那些行为者帮助人们形成政治意识和技能，以及关于权利和义务的认识。

小组讨论的主持是著名人权律师和民主活动家希娜•吉拉尼（Hina Jilani）；小组成员包括残疾人权利委员会成员萨法克•帕维（Safak Pavey），增进和保护见解和言论自由权问题特别报告员弗兰克•拉卢（Frank La Rue），电影、音乐和艺术制作人迪亚•汗（Deeyah Khan）以及突尼斯人权联盟荣誉主席穆赫塔尔•特里非（Mokhtar Trifi）。

著名人权律师和民主活动家希娜•吉拉尼担任小组讨论的主持，并对理事会对扩大民间社会空间的兴趣表示欢迎，必须承认，这正是得益于民间社会做出了共同的努力。如果不承认民间社会是国际社会的一部分，国际社会概念就是不完整的。

残疾人权利委员会成员萨法克•帕维表示，民间社会空间不断缩小的最悲惨的后果是，人道主义援助和卫生工作者在战区提供护理时成为目标。在社会和国家之间或社会团体之间建立共同平台似乎具有挑战性，但民间社会在向参与性民主前进的文化转型中产生了重要的影响。

增进和保护见解和言论自由权问题特别报告员弗兰克•拉卢表示，有必要明确，国际机构和各国政府在没有民间社会的情况下无法实现人权的享有和保护。各地的民间社会都需要法治和平等的正义，且必须在所有方面都享有言论自由的权利。

电影、音乐和艺术制作人迪亚•汗表示，艺术家、学者和妇女容易在极端保守和极权主义政权中成为目标是有理由的。艺术是人类共有且非常直接的沟通方式，且能让人感动。艺术有许多社会作用，全球数以万计的艺术家为了社会运动而进行艺术创作，所以他们成为了讲述真相的人，为没有发言权的人发声。

突尼斯人权联盟荣誉主席穆赫塔尔•特里非（Mokhtar Trifi）表示，民间社会在突尼斯的过渡中发挥着根本性的作用。民间社会总是争取参与谋求人权和民主的关键法律的制定中。革命后，因为广泛咨询了三个关键的民间社会组织，民主国家的构成中多了许多机构。

在之后的讨论中，发言人承认民间社会在国家、区域和国际各级的人权保护工作中发挥了重要的作用，并强调它们为经济、社会及文化权利的发展所作出的贡献。民间社会欢迎大量行为者，对其赋权对民主社会的发展至关重要。讨论还提到人权维护者面临着极其严重的威胁，包括其家庭成员。男女同性恋、双性恋和跨性别者、少数群体和宗教组织经常成为特别目标。一些发言人指出，如果民间社会组织宣扬错误的意识形态，它们的可靠性将会受到削弱。小组成员还提到民间社会组织可以如何保护自己免遭政府的压迫，贫穷的儿童或民众应该怎样被包括在民间社会之内，以及各国可以怎样在国际和多边层面上更好地与民间社会合作等问题。

在讨论中发言的有：代表伊斯兰合作组织的巴基斯坦、代表非洲集团的埃塞俄比亚、意见相同的国家小组的印度、欧盟、代表阿拉伯集团的也门、代表北欧国家的挪威、摩洛哥、阿尔及利亚、中国、捷克共和国、德国、联合国艾滋病毒/艾滋病联合规划署、智利、乌拉圭、印度尼西亚、葡萄牙、突尼斯、韩国、泰国、日本、哥伦比亚、意大利、瑞士、爱尔兰、安哥拉和匈牙利。欧洲残疾人论坛（European Disability Forum）、国际人权服务社（International Service for Human Rights）、马来西亚人权委员会、世界公民参与联盟（CIVICUS）、国际人权同盟联合会（International Federation for Human Rights Leagues）和国际拯救儿童联盟（Save the Children International）也在讨论中发言。

明天，即3月12日（周三）上午9点，人权理事会将继续与宗教或信仰自由问题特别报告员和在打击恐怖主义的同时促进与保护人权问题特别报告员进行集体互动对话。大约在下午1点，人权理事会将与文化权利领域特别报告员和买卖儿童、儿童卖淫和儿童色情制品问题特别报告员进行对话。下午4点，理事会将听取负责暴力侵害儿童问题的秘书长特别代表和儿童与武装冲突问题秘书长特别代表的报告介绍。
 
开幕发言
 
联合国秘书长潘基文在视频发言中表示，民间社会让我们注意到一些重大问题，为加强对人权的保护做出了贡献并谋求更公平的社会，它们动员为解决侵犯问题采取行动，它们的批评巩固了所有已经完成的工作。许多人还冒着生命危险。民间社会行为者要能自由，独立，免遭恐惧、报复或恐吓地从事自己的工作。必须扩大民间社会的空间。

人权事务副高级专员弗拉维亚∙潘谢里在开幕发言中表示，人们在多大程度上可以左右并监督影响其生活的决定是关乎其享受人权程度的根本性指标。当决定关乎民众自身的生活和生计时，他们必须能参与决策的过程。参与形式可以多种多样。知情辩论、政治参与和对公职人员严格的问责机制应在基于国际人权法的法律框架下得到促进和巩固。但这一进程困难重重。民间社会的言论培育了公民道德和对人权的意识。所有那些行为者都帮助人们形成政治意识和技能，以及关于权利和义务的认识。

全球许多民间社会行为者面临的风险都令人痛惜，包括威胁、恐吓、凶残的报复，甚至是杀害。人权事务高级专员办事处为民间社会参与对人权的促进和保护创造空间，这是其过去二十年的主要成就之一，也将成为未来几年最重要的优先任务之一。在六项将会被重点关注的专题战略中，其中一项是扩大民主空间，为包括人权维护者在内的民间社会创造一个有利环境。秘书长明确表示，我们需要更多的参与、民主和承诺。
 
Statements by the Panellists
 
HINA JILANI, prominent human rights lawyer and pro-democracy campaigner and moderator, said that while she welcomed the Council’s interest in expanding civil society space, she acknowledged that the expanded participation was thanks to the concerted work of civil society and recognized its value in strengthening human rights and democracy today.  No notion of international community was complete without recognition that civil society was very much a part of it; the international community was not just limited to States.  The High Commissioner had spoken of the great work and value of the civil society organizations, and also how that came at a great cost to their personal freedom, their credibility, and of the political pressures straining the space within which they worked.
 
SAFAK PAVEY, member of the United Nations Committee on the Rights of Persons with Disabilities, congratulated the Office of the High Commissioner for Human Rights and the Council on their accessibility guide and noted that civil society sought to liberate and protect society without directly participating in politics.  As a forum outside of State control and under the guarantee of good governance, it became an arena for empowerment for autonomy, voluntary unity, pluralism and social demands.  It greatly served to limit the powers of governments and hold them accountable.  In the simplest definition, civil society was peoples doing things together that they could not achieve on their own.  Ms. Pavey highlighted the most tragic aspect of the shrinking space of the civil society, that humanitarian aid and health workers were targeted in the war zones when providing care.  Creating a collective platform between society and State or among societal groups appeared to be challenging, but civil society made a powerful impact in cultural transformation towards participatory democracy.
 
FRANK LA RUE, Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, said that it was important to make clear that international bodies and Governments could not achieve enjoyment and protection of human rights without civil society.  Civil society everywhere needed the rule of law and equal access of justice, and must enjoy the right to freedom of expression in all its dimensions.  Challenges to the promotion of civil society included unequal access to the internet for everyone, particularly for remote rural populations; limitations and barriers put up by Governments, for example surveillance which encroached on privacy; attacks against the media, bloggers and journalists, particularly women, and attacks on civil society participation.  It was important to strengthen access to public information because limitations were growing again under the pretext of national security.  Attempts to limit the ability of civil society to raise funds, particularly internationally, was a concerning challenge that was reducing the space and possibility for society to organize and participate.  Another worrying trend was the criminalization and restriction of peaceful demonstrations.
 
DEEYAH KHAN, film, music and arts producer, said that there was a reason why artists, intellectuals and women tended to be targets of reactionary and totalitarian regimes.  Art was a universal and very direct and human form of communication and had the ability to touch people.  Art had many purposes in society; thousands of artists in the world created art in service of social activism and so became truth-tellers and voices of the voiceless.  Such artists were in danger in all corners of the world; harassed, threatened, imprisoned or even killed.  Unlike journalists, artists did not enjoy same protections and very few civil society organizations provided support. Despite the release last year by the United Nations of a report on the freedom of artistic expressions, it was sad to note that the situation of artists had not improved.
 
MOKHTAR TRIFI, Honorary President, Tunisian League for Human Rights, said that Tunisia underwent its revolution on 14 January 2011.  The role of civil society in that transition was fundamental throughout; it always tried to take part in essential laws for human rights and democracy.  The very first Council of Ministers in 2011 promulgated a law of general amnesty for prisoners of conscience.  After the revolution, three essential civil society organisations were widely consulted, namely the Tunisian Human Rights League, the historic Trade Union, and the Lawyers’ Association.  Consultations resulted in very many institutions that were part of a democratic State.  The Assembly also promoted an important law on association, giving freedom to form associations.  Some associations had been suspected of fostering terrorism and recruiting jihadists to fight in Syria and Mali, as documented in the press.  Voices were raised to review the law on association and of course civil society mobilized to avoid that.  However, monitoring on recruitment and financing had to be carried out.
 
Interactive Discussion
 
Pakistan, speaking on the behalf of the Organization of Islamic Conference, said that civil society played a crucial role in advancing human rights and fundamental freedoms for all citizens.  Civil society complemented efforts made by national State institutions, and had to work within the parameters of national law and institutions, and in consistency with the international law.  Ethiopia, speaking on the behalf of the African Group, recognized the important role of civil society in the protection of human rights at national, regional and international levels.  States should encourage civil society’s contribution to the development agenda, and should create a safe and enabling environment conducive to the work of civil society.  India, speaking on the behalf of the Like-Minded Group, said the pluralist society contributed to helping marginalized and poor groups.  The protection of civil society was the foremost responsibility of every State, but civil society could not function efficiently without defined limits, and had to hold itself to the same standards of accountability and fairness expected of a government.
 
European Union stated that civil society embraced a myriad of actors, whose empowerment was essential for the development of a democratic society.  A robust democratic framework was necessary to guarantee fundamental freedoms, but in some States, limitations had been introduced which led to stigmatization and reprisals against civil society actors, something the European Union objected to.  Yemen, speaking on the behalf of the Arab Group, stressed the importance given to the work conducted by civil society organizations and their contribution to the development of social, economic and cultural rights.  The Arab Group recognized the importance of promoting well-being and development, fully in line with the United Nations Charter.  Norway, speaking on the behalf of the Nordic countries, said States should create an environment safe of hindrance for the operation of civil society organizations.  Lesbian, gay, bisexual and transgender people, minority and religious organizations were often particularly targeted.  There was an indisputable link between social stability and vibrant civil society.
 
Morocco acknowledged the crucial role played by civil society in establishing a truly participatory democracy.  The construction of participatory democracy should also focus on constitutional provisions, defining legal framework for the operation of civil society.  Algeria believed that the role of civil society should be further strengthened, and it could carry out its missions only under favourable conditions.  The work of civil society had to be based on respective rules and legislations and applicable international covenants, and its activities had to be professional and respectful of ethical norms.  China said that Governments should create enabling environments for the development of civil society organizations and encourage their legal activities.  However, if civil society organizations conducted erroneous ideologies, their credibility would be undermined, and if their activities undermined the law or interfered in the priorities of States, they would be punished.
 
Czech Republic deemed civil society indispensable for any genuine attempt to sustain and ensure human rights for all and asked the panellists what could be done to actively support the important ‘checks and balances role’ of the civil society, and limit attempts to restrain their activities.  Germany said civil society facilitated the achievement of the purposes and principles of the United Nations and contributed to the work of diplomats, but warned against narrowing of civil society space.  It asked the panellists whether there were early warning signs for systematic policy of repression as well as best - or good - practice examples of resilient civil societies.
 
The Joint United Nations Programme on HIV/AIDS (UN AIDS) declared that the civil society, particularly people living with and vulnerable to HIV, was essential to an effective AIDS response.  UN AIDS said it faced many challenges which needed the vital input of civil society, but in many countries their space was threatened or curtailed.  European Disability Forum, speaking on behalf of the International Disability Alliance, underlined the accomplishment of the United Nations Convention on the Rights of the Persons with Disabilities in negotiating the participation of persons with disabilities and their representing organizations.  Where they were actively involved in decision-making, it resulted in greater wellbeing and better social structures. International Service for Human Rights (ISHR), speaking on behalf of the coalition of non-governmental organizations, urged the Council to condemn threating legislation in States including Nigeria, Uganda and Russia which prohibited human rights advocacy relating to sexual orientation and gender identity.  It implored those States to consult civil society at the outset of policy development.
 
Portugal said that it was strong supporter of civil society space.  A diverse and free civil society was a pre-requisite for a democratic, open and ultimately free society.  Cooperation and integration of civil society was a significant aspect of its national and international human rights policy.  How could States improve their engagements with civil society at the international and multilateral level?  Uruguay was convinced that all States had to comply with their commitments to establish and maintain in legislation and practice a safe and enabling environment for civil society.  There was concern about the very serious risks faced by human rights defenders, including their family members.  Chile considered it fundamental to have an institutional level debate assessing options for strengthening civil society at the national, regional and international levels.  How could persons that did not actually join a specific organization, such as children or people who lived in extreme poverty, be included? 
 
Poland said that the trend of imposing restrictions on civil society in some countries was becoming increasingly visible. What were the panellists’ views on how non-governmental organizations could increase their capacity to protect themselves against governmental repression?  What should the international reaction to various restrictions on society look like?  Indonesia said that civil society should be provided with adequate space and opportunities to express their opinions and States had to ensure that that space was available.  Civil society had been able to assist the development programmes of the Government.  However, there were elements in society that promoted intolerant views. 
 
Republic of Korea said there were two actors in the field of human rights protection – States and civil society organizations.  The more often the two met and understood each other, the better the human rights environment would be.  Japan said that civil society could play an indispensable role in the development of society by channelling voices and opinions in policy development process.  Colombia said civil society was a key partner in the promotion and protection of human rights and that was why it needed to have the freedom of expression and adequate space.  Thailand said that States had to ensure civil society had a space in which it could operate without fear, underscored the obligation of the civil society to provide accurate information about human rights situations.  Italy expressed its concern at recent administrative and legal regulations aimed at curbing the space for civil society in some countries and asked how the civil society could serve as an early warning system for human rights violations.  Tunisia asked how to regulate external funding of civil society organizations without curbing their work or disrupting internal security.
 
Switzerland expressed its concern that, in many parts of the world, increasing pressure was being placed on civil society, whose work was essential for concrete amelioration of respect of human rights and fundamental freedoms.   It was thus important to ensure that civil society worked without obstacles and in a safe environment.   Civil society was placed at centre of the agenda of Switzerland’s chairmanship of the Organization for Security and Co-operation in Europe in 2014.  Ireland said that wherever civil society space was compromised, the capacity of the State to respond to human rights, humanitarian or economic crises was severely weakened.   National legislation should be consistent with international human rights law.  It was vital that Governments saw civil society as an asset, not as a threat, as more engagements and inclusive participation could only cultivate democracy and enhance the promotion of human rights.
 
Human Rights Commission of Malaysia affirmed that democracy was not qualified only by holding of regular elections, but also by the plurality of views and open debates.   In the Malaysian context, there had been numerous restrictions, including on the work of certain non-governmental organizations.  CIVICUS urged the Human Rights Council to maintain its focus on this subject as States around the world were seeking to increase their control over critical voices, including by excessive use of force.  Online dissent was also targeted and censorship put in place without proper judicial authorization.  International Federation for Human Rights (FIDH) said that, while in Afghanistan and Tunisia civil society had expanded, in Eastern Europe and Central Asia a number of new restrictions had been seen, including in Russia.  In Iran, civil society was the first victim following the 2009 protests.  In Turkey, a series of legislative proposals were adopted limiting freedoms of civil society, and a high number of journalists were still detained.  Save the Children International said that the strong civil society was important for the protection of children’s’ rights.  As part of their rights and freedoms, children had the right of expression and association, but were frequently not given the opportunity to do so.  Governments were called to create an enabling environment for children for their full participation.
 
Angola said that thanks to the commitments of the executive and civil society, the human rights situation in the country had significantly improved and efforts were being made to ensure better participation of civil society in governance.  Hungary was concerned about the increasingly worrying trend of shrinking civil society space in a number of countries and the curtailing and silencing the voice of civil society.  It asked how civil society could be better protected against reprisals for cooperating with the human rights system and the United Nations.
 
Concluding Remarks by the panellists
 
HINA JILANI, prominent human rights lawyer and pro-democracy campaigner, moderator of the panel, said several questions asked were extremely pertinent to the discussion.  She wondered whether this was a phase of acknowledging the importance of expanding civil society space and making sure that civil society was able to act to promote human rights.
DEEYAH KHAN, film, music and arts producer, was encouraged by what was heard but that words were very easy to say and statements easy to make.  What was at stake was the future of our children.  We were entrusted with trying to build a society that was open and just for all.  There had to be more compassion and understanding for each other, which went beyond rhetoric and down to genuine openness and freedom of expression.  Freedom was a cornerstone of what was needed to have a healthy, open and plural society.
FRANK LA RUE, Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, said that we had to remember that we were talking about human rights, not a special or different set of rights for civil society organizations, but of rights for everyone.  Civil society organizations were organizations of society demanding the rights that all persons had.  It was true that civil society organizations should abide by principles of the rule of law, transparency and accountability, but it did not mean that there had to be special restrictions.  Legislation that could limit civil society organizations was thus worrying and suspicious.
 
MOKHTAR TRIFI, Honorary President of the Tunisian League for Human Rights, said that States should respect human rights and be accountable.  States that were against freedom of expression, association and human rights should not be elected to the Human Rights Council.  Proper legislative framework and the independent nature of civil society associations had to be ensured.  It had to be ensured that there was a dialogue between the Governments and civil society, and that public funding was available without constraints.  Civil society associations had to respect certain provisions and regulations.  An early warning model of alerts should be put in place for violations of human rights.
 
SAFAK PAVEY, member of the Committee on the Rights of Persons with Disabilities, reminded the Council of the space between civil society and various human rights mechanisms.  A relationship of trust had to exist between human rights treaty bodies and civil society organizations.
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