Civic space

Last updated

Civic space is created by a set of universally-accepted rules, which allow people to organise, participate and communicate with each other freely and without hindrance, and in doing so, influence the political and social structures around them. [1] [2] It is a concept central to any open and democratic society and means that states have a duty to protect people while respecting and facilitating [3] the fundamental rights to associate, assemble peacefully and express views and opinions.

Contents

History

Although the term "civic space" has only been in common usage since after the turn of this millennium, the rights upon which the concept is based have been a necessary feature of every democratic society. Global civil society alliance CIVICUS began using the term regularly after the inception of the Civic Space Initiative in 2011, defining it as "the place, physical, virtual, and legal, where people exercise their rights to freedom of association, expression, and peaceful assembly. By forming associations, by speaking out on issues of public concern, by gathering together in online and offline fora, and by participating in public decision-making, individuals use civic space to solve problems and improve lives. A robust and protected civic space forms the cornerstone of accountable, responsive democratic governance and stable societies." Civic space is also closely connected to the development of post–World War II human rights norms, and particularly the Universal Declaration on Human Rights in 1948 which established clear protections for the rights to freedom of association, peaceful assembly and expression. [4]

As a concept, civic space is also closely related to the evolution of the concept of civil society. While the ideas embodied in civil society can be traced to many different civilisations, the term civil society has many different definitions but has its roots in ancient Greece and the early work of Aristotle on the concepts of "community" or "polity" characterised by a shared set of norms or ethos. [Note 1] Some theorists interpret civil society very closely to the modern understanding of civic space, taking it to mean "the elements such as freedom of speech, an independent judiciary, etc, that make up a democratic society." [5] Especially in the discussions among thinkers of Eastern and Central Europe, civil society is seen also as a concept of civic values. [Note 2] Most modern-day definitions of civil society however view it more in terms of "the arena, outside of the family, the state and the market where people associate to advance common interests." [6]

Protection of rights

Core civic space rights – the rights to freedom of association, freedom of peaceful assembly and freedom of expression – are guaranteed by law. States that are signatories of international conventions (such as the United Nations International Covenant on Civil and Political Rights) and other regional treaties containing similar provisions, are obliged to respect and protect these rights. These states are also obligated to protect these rights in domestic law and many of the ratifying States have included protection of these rights in their constitutions as fundamental freedoms. States are obliged not only to respect and promote these rights but also to protect them from infringement by both state and non-state actors. [7] Therefore, a progressive constitution supported by a sound legislative framework that is upheld by a responsive and independent law enforcement machinery is key to enabling and preserving civic space. Notably, Goal 16 of the Sustainable Development Goals framework agreed to by all UN member states promises to 'promote just, peaceful and inclusive societies.’ [8]

As a starting point, while there have been a number of international initiatives launched over recent years to defend civic space, civil society actors were lacking a strong common definition of the terms and shape of the civic space to be defended. To fill this gap, an informal meeting of CSOs, which took place in Bangkok in November 2015, asked the International Civil Society Centre to facilitate the development of a Civic Charter. [9] The Civic Charter provides a global framework for people's participation in shaping their societies. The two-page document, which people and organisations can sign on to and use as a basis for joint action, articulates a common set of civic and political rights. Aimed at civil society activists and their organisations, the Civic Charter connects those engaged in the everyday struggle for civic space – on a local, national, regional or international level. Firstly, it draws together the most crucial terms for civic participation in an easily understandable way. Secondly, it serves as a global reference framework to civil society actors for their rights enshrined in international law. Thirdly, it reaffirms people's rights to participate in shaping their societies. The Civic Charter can provide a more effective basis for campaigning and advocacy for civic participation, as well as for promoting international solidarity with CSOs and activists in a specific country or region. [10]

Freedom of association

The right to freely associate includes the right of every person without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth, sexual orientation or other status, [11] to “establish a civil society organisation and also to freely join one or choosing not to participate. Individuals may operate civil society organisations and participate in their activities without fear or unwarranted interference. Freedom of association also encompasses the right to establish branches, recruit staff, raise funds freely, to fair taxation levels and to affiliate and cooperate with other organisations locally, nationally or internationally.” [7] It also includes the right to form and join trade unions for the protection of his interests. [12]

International law protects the freedom of association and obligates states not to interfere with this right and only in instances where intervention by the state is necessary in the interests of national security, public safety or public order; the protection of public health or morals; or the protection of the rights and freedoms of others. [12] Like the freedom of expression, the margin for restricting this right is very limited. State actions must lean in favour of permitting civil society activities and creating an enabling environment for civil society to function and thrive.

Freedom of expression

The right to freedom of expression entails, according to the Universal Declaration of Human Rights, the "freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers." [13]

The right is fundamental to the existence of civil society. It includes "the right to access information, critically evaluate and speak out against the policies and actions of state and non-state actors, as well as publicly draw attention to and carry out advocacy actions to promote shared concerns, without fear of retribution from any quarter. Civil society organisations are also assured the freedom to carry out investigations and document their findings under this right." [7]

According to international law (for example see Article 20 of the ICCPR), freedom of expression can only be restricted in certain limited circumstances, provided by law and where it is necessary to protect the rights and reputations of others and to safeguard national security, public order, public health and morals. [14] [15]

Freedom of assembly

The right to freely assemble "assures civil society the freedom to exercise legitimate dissent through peaceful forms of protest as well as organise meetings and hold demonstrations to forward matters of common interest." [7] International law places the same limitations on the restriction of this right as in the case of freedom of association. [16] Moreover, international standards limit the use of force by the authorities in managing public assemblies.

Violations

At the international level, civic space violations are regularly documented and reported [17] by international human rights organisations like CIVICUS, Human Rights Watch, Amnesty International, the International Centre for Not-for-profit Law (ICNL), Article 19, Reporters Without Borders, Frontline Defenders, the International Service for Human Rights, the International Federation for Human Rights (FIDH) and others. At the regional, national and sub-national levels there are innumerable human rights organisations, development organisations, think tanks and academic institutions devoted to researching and campaigning on civic space issues.

Violations of civic space take many forms and can be perpetrated by the state - either directly through officials, police officers or security personnel, or at arm's length through agents or third parties - or non-state actors including criminal gangs, terrorist organisations, private corporations, political parties, religious organisations and civil society groups themselves.

Non-exhaustive list of examples of civic space violations

States can violate freedom of association by establishing restrictive laws [18] that restrict people's ability to freely form and operate groups to advance their interests or even prevent them for doing so. For example, in some countries, legislation banned organisations that work in certain topics like human rights to form legally. Moreover, these restrictive laws place broad oversight powers in the hands of government institutions with which civil society organisations must register and to whom they must account or report regularly. In some cases those governmental oversight bodies have a discretionary power to suspend or terminate an organisation's registration. In the most extreme cases, penalties for noncompliance with NGO laws can include fines and imprisonment. In more recent years, and with a spike in concern about international terrorism, more and more states have begun to pass anti-terrorism laws which negatively impact upon civic space, and particularly the ability of organisations to operate free from state interference. [19] States can restrict freedom of association by targeting members of the organisations, human rights defenders and activists using intimidation tactics, harassment, travel bans, detention, among others.

Curtailing the ability to protest can be done within the legislative framework, when the norms in place unduly restricted the right to assembly by imposing prior authorisation requirements, time and place restrictions, among others. In practice, this right can be restricted when security forces use excessive force to disperse protesters, arbitrary arrest them and even charge protesters with provisions of the criminal code and even anti terrorism legislation.

Targeting free speech can take various forms. As the media plays a crucial role in disseminating information, States often overregulated media in order to limit, control or prevent critical and dissenting voices to express. In some cases, the pluralistic views are also undermined by media concentration in just a few private corporations. Criminalisation of dissent by using defamation provisions is also commonly used to restrict freedom of expression. Acts of violence against journalists and media workers for reason related to their professional work often occurs and limits the right to freedom of expression and access to information as it also prevents the public from accessing that information.

The internet is a unique tool that allows individuals to communicate instantly, with a positive impact on the way we currently share and access information. [20] For that reason, it is particularly targeted by authorities to curtail dissent. Some governments restrict the dissemination of content on certain sensitive issues by blocking access to social media platforms, deleting certain pages or content and even arresting people for disseminating sensitive information.

See also

Notes

  1. ↑ Language here is adapted from the Wikipedia article on civil society
  2. ↑ Taken directly from the civil society article

Related Research Articles

Universal Declaration of Human Rights Declaration adopted in 1948 by the United Nations General Assembly

The Universal Declaration of Human Rights (UDHR) is an international document adopted by the United Nations General Assembly that enshrines the rights and freedoms of all human beings. Drafted by a UN committee chaired by Eleanor Roosevelt, it was accepted by the General Assembly as Resolution 217 during its third session on 10 December 1948 at the Palais de Chaillot in Paris, France. Of the 58 members of the United Nations at the time, 48 voted in favour, none against, eight abstained, and two did not vote.

International Covenant on Civil and Political Rights Treaty adopted by United Nations General Assembly in 1966

The International Covenant on Civil and Political Rights (ICCPR) is a multilateral treaty that commits states parties to respect the civil and political rights of individuals, including the right to life, freedom of religion, freedom of speech, freedom of assembly, electoral rights and rights to due process and a fair trial. It was adopted by United Nations General Assembly Resolution 2200A (XXI) on 16 December 1966 and entered into force 23 March 1976 after its thirty-fifth ratification or accession. As of September 2019, the Covenant has 173 parties and six more signatories without ratification, most notably the People's Republic of China and Cuba; North Korea is the only state that has tried to withdraw.

Freedom of association encompasses both an individual's right to join or leave groups voluntarily, the right of the group to take collective action to pursue the interests of its members, and the right of an association to accept or decline membership based on certain criteria. It can be described as the right of a person coming together with other individuals to collectively express, promote, pursue and/or defend common interests. Freedom of association is both an individual right and a collective right, guaranteed by all modern and democratic legal systems, including the United States Bill of Rights, article 11 of the European Convention on Human Rights, section 2 of the Canadian Charter of Rights and Freedoms, and international law, including articles 20 and 23 of the Universal Declaration of Human Rights and article 22 of International Covenant on Civil and Political Rights. The Declaration on Fundamental Principles and Rights at Work by the International Labour Organization also ensures these rights.

Freedom of assembly Right to form social or political groups and hold meetings

Freedom of peaceful assembly, sometimes used interchangeably with the freedom of association, is the individual right or ability of people to come together and collectively express, promote, pursue, and defend their collective or shared ideas. The right to freedom of association is recognized as a human right, a political right and a civil liberty.

Artistic freedom can be defined as "the freedom to imagine, create and distribute diverse cultural expressions free of governmental censorship, political interference or the pressures of non-state actors." Generally, artistic freedom describes the extent of independence artists obtain to create art freely. Moreover, artistic freedom concerns "the rights of citizens to access artistic expressions and take part in cultural life - and thus [represents] one of the key issues for democracy." The extent of freedom indispensable to create art freely differs regarding the existence or nonexistence of national instruments established to protect, to promote, to control or to censor artists and their creative expressions. This is why universal, regional and national legal provisions have been installed to guarantee the right to freedom of expression in general and of artistic expression in particular. In 2013, Ms Farida Shaheed, United Nations special rapporteur to the Human Rights Council, presented her "Report in the field of cultural rights: The right to freedom of expression and creativity" providing a comprehensive study of the status quo of, and specifically the limitations and challenges to, artistic freedom worldwide. In this study, artistic freedom "was put forward as a basic human right that went beyond the 'right to create' or the 'right to participate in cultural life'." It stresses the range of fundamental freedoms indispensable for artistic expression and creativity, e.g. the freedoms of movement and association. "The State of Artistic Freedom" is an integral report published by arts censorship monitor Freemuse on an annual basis.

The right to work is the concept that people have a human right to work, or engage in productive employment, and should not be prevented from doing so. The right to work is enshrined in the Universal Declaration of Human Rights and recognized in international human rights law through its inclusion in the International Covenant on Economic, Social and Cultural Rights, where the right to work emphasizes economic, social and cultural development.

African Charter on Human and Peoples Rights

The African Charter on Human and Peoples' Rights is an international human rights instrument that is intended to promote and protect human rights and basic freedoms in the African continent.

Section 2 of the Canadian Charter of Rights and Freedoms ("Charter") is the section of the Constitution of Canada that lists what the Charter calls "fundamental freedoms" theoretically applying to everyone in Canada, regardless of whether they are a Canadian citizen, or an individual or corporation. These freedoms can be held against actions of all levels of government and are enforceable by the courts. The fundamental freedoms are freedom of expression, freedom of religion, freedom of thought, freedom of belief, freedom of peaceful assembly and freedom of association.

Fundamental rights are a group of rights that have been recognized by a high degree of protection from encroachment. These rights are specifically identified in a constitution, or have been found under due process of law. The United Nations' Sustainable Development Goal 16, established in 2015, underscores the link between promoting human rights and sustaining peace.

Digital rights Type of human and legal rights

Digital rights are those human rights and legal rights that allow individuals to access, use, create, and publish digital media or to access and use computers, other electronic devices, and telecommunications networks. The concept is particularly related to the protection and realization of existing rights, such as the right to privacy and freedom of expression, in the context of digital technologies, especially the Internet. The laws of several countries recognize a right to Internet access.

The right to property, or the right to own property is often classified as a human right for natural persons regarding their possessions. A general recognition of a right to private property is found more rarely and is typically heavily constrained insofar as property is owned by legal persons and where it is used for production rather than consumption.

The Vienna Declaration and Programme of Action (VDPA) is a human rights declaration adopted by consensus at the World Conference on Human Rights on 25 June 1993 in Vienna, Austria. The position of United Nations High Commissioner for Human Rights was recommended by this Declaration and subsequently created by General Assembly 48/121.

The Cairo Declaration on Human Rights in Islam (CDHRI) is a declaration of the member states of the Organisation of Islamic Cooperation (OIC) first adopted in Cairo, Egypt, on 5 August 1990,, and later revised in 2020 and adopted on 28 November 2020. It provides an overview on the Islamic perspective on human rights. The 1990 version affirms Islamic sharia as its sole source, whereas the 2020 version doesn't specifically invoke sharia. The focus of this article is the 1990 version of the CDHRI.

Chapter Two of the Constitution of South Africa contains the Bill of Rights, a human rights charter that protects the civil, political and socio-economic rights of all people in South Africa. The rights in the Bill apply to all law, including the common law, and bind all branches of the government, including the national executive, Parliament, the judiciary, provincial governments and municipal councils. Some provisions, such as those prohibiting unfair discrimination, also apply to the actions of private persons.

Freedom of speech is the concept of the inherent human right to voice one's opinion publicly without fear of censorship or punishment. "Speech" is not limited to public speaking and is generally taken to include other forms of expression. The right is preserved in the United Nations Universal Declaration of Human Rights and is granted formal recognition by the laws of most nations. Nonetheless, the degree to which the right is upheld in practice varies greatly from one nation to another. In many nations, particularly those with authoritarian forms of government, overt government censorship is enforced. Censorship has also been claimed to occur in other forms and there are different approaches to issues such as hate speech, obscenity, and defamation laws.

The Declaration of Human Duties and Responsibilities (DHDR) was written for reinforcing the implementation of human rights under the auspices of the UNESCO and the interest of the UN High Commissioner of Human Rights and was proclaimed in 1998 "to commemorate the 50th anniversary of the Universal Declaration of Human Rights"(UDHR) in the city of Valencia. Therefore, it is also known as the Valencia Declaration.

The right to Internet access, also known as the right to broadband or freedom to connect, is the view that all people must be able to access the Internet in order to exercise and enjoy their rights to freedom of expression and opinion and other fundamental human rights, that states have a responsibility to ensure that Internet access is broadly available, and that states may not unreasonably restrict an individual's access to the Internet.

The right to sexuality incorporates the right to express one's sexuality and to be free from discrimination on the grounds of sexual orientation. Specifically, it relates to the human rights of people of diverse sexual orientations, including lesbian, gay, bisexual and transgender (LGBT) people, and the protection of those rights, although it is equally applicable to heterosexuality. The right to sexuality and freedom from discrimination on the grounds of sexual orientation is based on the universality of human rights and the inalienable nature of rights belonging to every person by virtue of being human.


CIVICUS is an international non-profit organisation, which describes itself as “a global alliance dedicated to strengthening citizen action and civil society around the world." Founded in 1993, the organisation today counts more than 8500 members in more than 175 countries, with its headquarters in Johannesburg and offices in Geneva and New York.

Media freedom in the European Union

Media freedom in the European Union is a fundamental right that applies to all member states of the European Union and its citizens, as defined in the EU Charter of Fundamental Rights as well as the European Convention on Human Rights. Within the EU enlargement process, guaranteeing media freedom is named a "key indicator of a country's readiness to become part of the EU".

References

  1. ↑ CIVICUS Monitor
  2. ↑ "Transparency and Accountability Initiative, Improving the Measurement of Civic Space" (PDF). Archived from the original (PDF) on 2016-05-01. Retrieved 2017-02-03.
  3. ↑ State duty respect, protect and fulfil
  4. ↑ "Universal Declaration of Human Rights - United Nations".
  5. ↑ Collins English Dictionary
  6. ↑ This is the CIVICUS definition, as employed in the CSI
  7. 1 2 3 4 CIVICUS, Compendium Of International Legal Instruments And Other Inter-Governmental Commitments Concerning Core Civil Society Rights, January 2014
  8. ↑ "Sustainable Development Goals: 17 Goals to Transform Our World".
  9. ↑ "Civil Society - Let's Join Forces to Defend our Rights - Disrupt & Innovate". Disrupt & Innovate. 2016-03-22. Retrieved 2017-07-31.
  10. ↑ "About the Civic Charter – Civic Charter".
  11. ↑ Article 2, Universal Declaration on Human Rights
  12. 1 2 Article 22, International Covenant on Civil and Political Rights
  13. ↑ Article 19, Universal Declaration of Human Rights
  14. ↑ Article 19, International Covenant on Civil and Political Rights
  15. ↑ "Archived copy". Archived from the original on 2017-02-04. Retrieved 2017-02-03.{{cite web}}: CS1 maint: archived copy as title (link)
  16. ↑ Article 21, International Covenant on Civil and Political Rights
  17. ↑ For details of the latest violations, visit the CIVICUS Monitor
  18. ↑ ICNL Civic Freedoms Monitor tracks the proposal, enactment and implementation of such laws
  19. ↑ The Civil Society Platform on the FATF has campaigned vigorously to oppose such moves in recent years and their website contains a wealth of information on this topic
  20. ↑ United Nations. General Assembly. Report of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression. A/66/290. August 10, 2011.
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.