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Reclaiming space through UN-supported litigation

Working together, the UN and civil society are using innovative legal action to protect fundamental human rights and re-open lost civic spaces. A contribution to the openGlobalRights debate on closing space. Español

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A longer version of this article was first published in Sur Journal’s 22nd issue here, produced by Conectas.

It is almost passé these days, as depressing as that sounds, to declare that civic space is shrinking across the globe. It is certainly true that in the last decade we have seen an unprecedented wave of repressive laws and practices sweep across the world, all designed to prevent people from organising, speaking out and engaging in democratic rights and duties. But we are well past talking of “shrinking” in the present or future tenses. Data from the International Centre for Not-for-Profit Law (ICNL) indicate that between 2004-2010, more than fifty countries considered or adopted restrictive measures for civil society. In many places, the deed has been done. There’s not that much space left to take.

Even more depressing, perhaps, is the fact that many of our traditional tools for combatting this trend are no longer working quite as well. Reporting, documenting, public pressure, guidelines, recommendations—none of these have been particularly effective in reversing the overall drift towards repression. I feel this currently in my work as UN Special Rapporteur on the rights to freedom of peaceful assembly and of association. My duties include both a monitoring and reporting component—name and shame, if you will—and a technical assistance component, which means working behind the scenes to help states improve their enforcement of human rights norms. It is plain that some governments are not moved by either approach. At this point, real pushback and stepping up of enforcement measures will require more creativity, innovation and a multiplicity of approaches.