Civil-society organisations (CSOs) play a vital role in democratic life across Europe. They help protect human rights and the rule of law, encourage public participation and promote accountability. Often, they even complement public services. Yet the space in which they operate has been shrinking, with CSOs and human-rights defenders increasingly facing restrictive measures, and often even threats.
Creating a safe civic space
In its new recommendation, the Council of Europe's Committee of Ministers calls on member states to establish a favourable legal and fiscal framework that facilitates the creation and operation of CSOs, respects their independence and enables them to pursue their objectives without unjustified interference, in a safe and enabling space.
The recommendation, which is an update of a recommendation adopted in 2007, addresses the legal status of CSOs, their funding and public support, transparency and accountability, and participation in decision-making. The recommendation generalises the use of the term "civil society organisations" instead of "non-governmental organisations", acknowledging the true nature of these organisations, which are established by individuals independently of public authorities and should not be defined in opposition to governmental bodies.
Receiving foreign funding
The Committee of Ministers states that the receipt of foreign funding by a civil-society organisation cannot, in itself, be treated as unlawful or as evidence of inadmissible objectives. Furthermore, CSOs receiving foreign funding should not be required to label themselves as such and should not be stigmatised or subjected to any adverse consequences on that account.
The Committee of Ministers also calls for an end to disproportionate disclosure requirements and includes guidance on supporting CSOs that need to relocate or operate in exile.
The recommendation broadens the notion of public support to CSOs and suggests that it should include not only the provision of public funding but also other forms of support such as tax exemptions or access to facilities or infrastructure. At the same time, the receipt of public support should not lead to restrictions on the exercise of freedom of expression or on the ability of CSOs to undertake advocacy on issues of public debate, except for possible limitations that may arise from rules on public benefit status or the funding of elections and political parties.
