International round table "Civil society: empowerment and accountability"
About the event
The vibrant and diverse civil society is an essential part of checks and balances in a stable and effective democracy. Civil society organisations depend on enabling legal environments that safeguard freedom of association and interrelated rights such as the rights to freedom of expression and opinion, freedom of assembly, freedom of thought, conscience and religion and the right to participate in public affairs. Supporting the role and diversity of civil society in member states, including human rights defenders, is one of the key strategic priorities of the Council of Europe and the Organization for Security and Co-operation in Europe (OSCE).
The round table will contribute to this reflexion by bringing together speakers from different categories: experts in international standards (including in the field of the fight against money laundering), members of the Venice Commission and the Office for Democratic Institutions and Human Rights (ODIHR) experts, representatives of domestic and international NGOs and of the national authorities from countries with a relevant experience. The roundtable will last one day (13/09/2022) and will start with an opening session, followed by two sessions.
The first part of the round table will be focused on various forms of participation of the civil society organisations in public life, and in particular in the law-making procedures and in the work of independent institutions. The speakers are invited to reflect on the distinction between political activities, lobbying, and civic activism.
The second part of the round table will focus on the regulations concerning foreign-funded NGOs, related to reporting obligations, labelling requirement, and their effect on freedom of association.
Speakers will be encouraged not only to identify the problems but also propose solutions (already existing or possible). At the end of the round table participants will be invited to discuss main conclusions.
Follow the event online
Online broadcast available here
Reference guidelines and other documents
- Venice Commission - OSCE/ODIHR: Joint Guidelines on Freedom of Association (CDL-AD(2014)046)
- Venice Commission Compilation on Freedom of Association (CDL-PI(2022)029)
- Report on Funding of Associations (CDL-AD(2019)002)
- Expert Council on NGO Law "Report on regulating NGOs’ political activity" (OING Conf/Exp (2015) 3)
- Ecodefence and others v. Russia - Case by the ECHR
- OSCE/ODIHR Resources in the field of Human rights and fundamental freedoms
Reference legal instruments
- European Convention on the Recognition of the Legal Personality of International Non-Governmental Organisations (ETS No. 124)
- Recommendation CM/Rec(2018)11 on the need to strengthen the protection and promotion of civil society space in Europe
- Recommendation CM/Rec(2007)14 on the legal status of non-governmental organisations in Europe
Morning
09:00 - 10:00 OPENING ADDRESSES
- Marija PEJČINOVIĆ BURIĆ, Secretary General of the Council of Europe
- Thomas BYRNE, High-level Representative of the Irish Presidency, Minister for European Affairs of Ireland (pre-recorded address)
- Claire BAZY MALAURIE, President of the Venice Commission
- Matteo MECACCI, Director of the OSCE/ODIHR
- Tiny KOX, President of the Parliamentary Assembly of the Council of Europe (PACE)
- Dunja MIJATOVIĆ, Human Rights Commissioner, Council of Europe (online)
- Michael O’FLAHERTY, Director of the European Union Agency for Fundamental Rights (FRA)
- Clément NYALETSOSSI VOULE, Special Rapporteur on the Rights to Freedom of Peaceful Assembly and of Association, United Nations High Commissioner for Human Rights (pre-recorded address)
10:00 - 12:30 PART I: PARTICIPATION OF THE CIVIL SOCIETY IN PUBLIC DECISION-MAKING PROCESSES
10:00 - 11:00 Defining the framework
Moderator: Frances FITZGERALD, MEP, Ireland
- Presentation of the work of the Venice Commission regarding civil society participation in public decision-making processes, including law-making
Richard BARRETT, Member of the Venice Commission in respect of Ireland, Law Reform Commissioner
- Presentation of the work of ODIHR regarding civil society participation in public decision-making processes, including law-making
Anne-Lise CHATELAIN, Acting Chief, ODIHR Legislative Support Unit
- Presentation of the work of the Parliamentary Assembly of the Council of Europe regarding the participation of the civil society in public decision-making processes and particularly in the law-making
Þórhildur Sunna ÆVARSDOTTIR, MP, General Rapporteur on the protection of human rights defender of the Parliamentary Assembly of the Council of Europe (PACE)
- Presentation of the work of the Expert Council on NGO law on the participation of the civil society in public decision-making processes
Jeremy McBRIDE, President of the Expert Council on NGO law, established by the Conference of International Non-Governmental Organisations of the Council of Europe
11:20 - 11:30 Sharing experience
Natalia SATSUNKEVICH, representative of the “Viasna Human Rights Center” NGO, Belarus
11:30 - 12:30 FIRST PANEL: PARTICIPATION OF ASSOCIATIONS IN PUBLIC DECISION-MAKING PROCESSES
Moderator: Jacopo LEONE, Special Advisor to ODIHR Director
- Presentation of the Polish experience regarding participation of associations in public decision-making processes
Małgorzata SZULEKA, Head of Advocacy, Helsinki Foundation for Human Rights, Poland
- Presentation on the Participation of Civil Society Organizations (CSO) in the work of National Human Rights Institutions (NHRI) in Georgia
Giorgi BURJANADZE, Deputy Public Defender, Georgia
- Presentation of Estonian experience regarding participation of associations in public decision-making processes
Ivar HENDLA, Strategic Advisor for the Government Office, Estonia
12:30-14:30 Lunch break
Afternoon
14:30 – 18:00 PART II: FOREIGN FUNDING OF ASSOCIATIONS
14:30 - 15:30 Defining the framework
Moderator : Luigi MALFERRARI, Legal Service, European Commission
- Presentation on the European Court of Human Rights case-law on the freedom of associations in the context of foreign funded associations
Darian PAVLI, Judge of the European Court of Human Rights (ECtHR) on behalf of Albania
- Presentation of the work of the Venice Commission regarding regulations of the foreign-funded associations
Veronika BÍLKOVÁ, Member of the Venice Commission in respect of Czech Republic, Lecturer, Law Faculty, Charles University, Prague
- Presentation of the work of ODIHR regarding regulations of the foreign-funded associations
Marta ACHLER, International Law Expert, Former Deputy Head of ODIHR Democratization Department
- Presentation of the FATF's normative approaches to NGO financing and the effects of these normative approaches on civil society
Ashish KUMAR, Team Lead, Financial action task force (FATF)
15:50 - 16:00 Sharing experience
Grigory VAYPAN, Lawyer, ex-Memorial, Russian Federation
16:00 - 17:30 SECOND PANEL: LEGITIMATE OBLIGATIONS OF FOREIGN-FUNDED NGOs
Moderator : Simona GRANATA-MENGHINI, Director, Secretary of the Venice Commission
- Presentation of the case-law of the Council of State of France
Yves DOUTRIAUX, Member of the Council of State, former Ambassador to the ODIHR
- Presentation of the experience of civil society in Turkey concerning regulation on foreign funding of associations
Rana KOTAN, Third Sector Foundation (TUSEV), Türkiye (online)
- Presentation of Hungarian experience in the field of the application of the legislation on NGOs receiving foreign funds
Kornél JAKAB, Auditor of the State Audit Office of Hungary (online)
17:30 - 18:00 CONCLUDING SESSION
- Kaarlo TUORI, Honorary President of the Venice Commission, Professor of Jurisprudence, Department of Public Law, University of Helsinki, Finland
- Konstantine VARDZELASHVILI, Head of the Democratization Department, ODIHR