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General recommendations |
The government and authorities of the 11 countries south and east of the Mediterranean are called upon to:
Abide by the International Covenant on Civil and Political Rights that recognizes the rights to freedom of assembly (article 21) and freedom of association (article 22) and to take into account the relevant jurisprudence of the United Nations Committee on Human Rights
Implement the Declaration on the Rights and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms adopted by the UN General Assembly on December 9, 1998, as well as the December 5, 2005 Resolution of the African Union on human rights defenders in Africa
Elaborate a regional convention on freedom of association
When a group wishes to set up an association, ensure that the registration procedure of this type of legal entity is not subjected to prior authorization granted by the government; a simple declaration on the existence of the association made by its founding members should suffice
Having in mind that almost all the countries of the region prohibit or severely restrict the right of judges to freely create or become members of associations, to recognize and respect the right of judges to enjoy the freedoms of association and expression in accordance with the Universal Declaration of Human Rights, to which article 8 of the Fundamental Principles on the Independence of the Judiciary (1985) expressly refers to
Reserve to the judicial branch exclusive power to dissolve an association
Emphasize at the regulatory level and in the practices of the authorities responsible, but also in the approach of the associations, the necessity to widen the access of women to the associative life and encourage their participation and empowerment in the management of associations
Give to the associations the right to benefit from foreign funding
Encourage civil society to participate in the decision-making process at the national level.
The decision-making organs of the European Union are called upon to:
Take all necessary measures to implement article 2 of the Association Agreements and the Guidelines of the EU on human rights defenders as regard to freedom of association
Take concrete steps to guarantee freedom of association in the implementation of the Action plans of the European Neighbourhood Policy (ENP) with the partner countries
Give urgent priority to freedom of association in all political and diplomatic discussions with the governments of the EMP, as well as in the discussions of a more technical nature within the sub-committees between the EU and the Mediterranean countries
Carry out advocacy activities in favour of human rights defenders with the leadership of the EMP
Give logistical support to human rights activists by means of training and capacity-building programs and activities
Encourage the leadership of the EMP to stop freezing the funds given to human rights defenders.




