The impact of the Covid-19 restrictions on civil society space and activities
- Author(s):
- Parliamentary Assembly
- Origin
- Text
adopted by the Standing Committee, acting on behalf of
the Assembly, on 25 November 2022 (see Doc. 15654, report of the Committee on Legal Affairs and Human
Rights, rapporteur: Ms Margreet De Boer). See also Recommendation 2241 (2022).
3. The Assembly stresses that the existence of a vibrant civil
society is a key component of an open and democratic society and
makes an essential contribution to the development and realisation
of democracy, the rule of law and human rights. Civil society actors,
including non-governmental organisations (NGOs) and human rights
defenders, should be able to continue promoting public awareness,
participating in public life and campaigning for the transparency
and accountability of public authorities despite the Covid-19 pandemic.
4. The Assembly notes that the Covid-19 pandemic and the restrictive
measures taken to contain it, including those adopted under states
of emergency – such as travel bans and other restrictions on movement, blanket
restrictions on assemblies and gatherings, repressive measures against
protesters, electronic surveillance or criminal sanctions for expressing
critical thoughts on the handling of the pandemic – have significantly
affected the situation of civil society in all Council of Europe
member States. Other measures – such as denial of or delay in registration
of new NGOs, limited access to the beneficiaries of their actions, reduced
funding or limitations on governing bodies’ meetings – have also
had a direct and adverse effect on the functioning of civil society
organisations.
5. Thus, the exercise of the right to freedom of assembly has
largely been restricted, and the rights to freedom of association,
freedom of expression, freedom of movement and the right to respect
for private life have also been negatively impacted. Moreover, many
individuals and civil society actors were confronted with difficulties
in accessing public information and were not consulted about changes
to laws, policies and practices made in connection with the Covid-19
pandemic.
6. The Assembly is concerned about the consequences of the restrictive
measures adopted by Council of Europe member States during the pandemic
and highlights their deleterious effect on the functioning of civil society.
It emphasises that even though, in accordance with the European
Convention on Human Rights (ETS No. 5, “the Convention”), public
health may constitute a legitimate purpose justifying restrictions
on the rights to respect for private life (Article 8), freedom of
expression (Article 10) and freedom of assembly and association
(Article 11), any restrictions of the aforementioned rights must
be “prescribed by law”, “necessary in a democratic society” and
proportionate to the legitimate aim pursued. The same applies to
measures restricting freedom of movement (Article 2 of Protocol
No. 4 to the Convention, ETS No. 46).
7. The Assembly is also worried about the fact that in some Council
of Europe member States the Covid-19 pandemic highlighted or worsened
problems that already existed in the environment in which civil
society operated. Moreover, there is a risk that laws aimed at combating
the Covid-19 pandemic might be used to further restrict the rights
and fundamental freedoms of civil society actors.
8. Notwithstanding these negative developments, the Assembly
is pleased to note that various good practices have also emerged
in the course of the Covid-19 pandemic. Many Council of Europe member
States have taken steps to mitigate the consequences of the pandemic
through the provision of financial and/or other support as well
as by showing some flexibility as regards institutional and reporting
requirements, including through the introduction of digital systems.
Moreover, NGOs themselves proved to be very flexible and adapted their
own environment to the challenges of Covid-19, in particular through
accelerating the digitalisation process, adjusting and improving
their working methods and co-operating with other stakeholders and
building coalitions.
9. The Assembly therefore calls on all Council of Europe member
States to:
9.1 comply with international
legal standards that are pertinent to the functioning of civil society,
and in particular with regard to the rights to freedom of assembly,
association and expression;
9.2 fully implement Recommendation CM/Rec(2007)14 of the Committee
of Ministers on the legal status of non-governmental organisations
in Europe and Recommendation CM/Rec(2018)11 on the need to strengthen
the protection and promotion of civil society space in Europe;
9.3 fully and rapidly implement the judgments of the European
Court of Human Rights concerning violations of civil society actors’
human rights and fundamental freedoms, as well as those related
to the measures taken to combat the Covid-19 pandemic;
9.4 avoid imposing unnecessary and disproportionate restrictions
on human rights and fundamental freedoms of individuals and civil
society actors on the basis of existing laws aimed at combating
the Covid-19 pandemic;
9.5 repeal any legislation that interferes with civil society
actors’ ability to work freely and independently and that is no
longer justified by the Covid-19 pandemic or any other public health
issue;
9.6 refrain from enacting new legislation entailing unnecessary
and disproportionate restrictions on civil society actors’ activities;
the Covid-19 pandemic, or any other future pandemic or public health issue,
should not be used to justify the imposition of such restrictions;
9.7 provide sufficient financial and other support to NGOs
in order to enable them to continue their work, despite the negative
impact of the Covid-19 measures, and devise long-term strategies
for supporting them;
9.8 encourage potential private donors to provide such support;
9.9 ensure that civil society actors are adequately consulted
on laws, policies and practices concerning them as well as on other
important subjects such as the handling of the Covid-19 pandemic; in
particular, European Union member States should ensure that civil
society is involved in the adoption, implementation and monitoring
of national recovery and resilience plans;
9.10 provide unhindered access to public information and documents;
9.11 promote and support the use of online communication tools
with and within civil society; such tools should be available at
any time and not only during a public health or other crisis;
9.12 ensure a conducive environment for all civil society actors,
in particular by refraining from harassment, smear campaigns and
acts of intimidation against them.
