Open Letter to ECOSOC regarding the Committee on NGOs

To: Member States of ECOSOC Cc: Chair of the Committee on NGOs, President of the General Assembly, President of the Human Rights Council, Member States of the UN General Assembly, UN Secretary General.

Excellencies, We write to you regarding the ECOSOC Committee on NGOs (the Committee), which recommends approval of consultative status for non-governmental organisations, enabling access to and participation in a range of UN bodies and processes. ECOSOC Resolution 1996/31--which provides the mandate for the work of the Committee-- acknowledges `the breadth of non-governmental organisations' expertise and the capacity of non-governmental organisations to support the work of the United Nations.' We are concerned about recent actions taken by the Committee suggesting it functions in a politicised manner, particularly in regard to its consideration of applications for consultative status from human rights organisations. We therefore call on UN Member States to ensure that the Committee upholds and respects the rights to freedom of expression and association and accords due process to all applicants for consultative status. Several States have criticised the practice of the Committee in ECOSOC meetings. In 2015, Chile, Mexico and Uruguay, as well as the European Union, expressed strong concerns about the recent politicisation of the work of the Committee, in which some Committee members use procedural tactics to block certain organisations from being granted consultative status. The European Union noted that withdrawal of consultative status might be used as a form of reprisal for the activities of NGOs. Chile, Mexico and Uruguay called for greater transparency in the work of the Committee, recommending webcasting of Committee sessions. In his 2014 report to the General Assembly (A/69/365), UN Special Rapporteur on the Rights to Freedom of Peaceful Assembly and of Association, Mr. Maina Kiai criticised the multiple deferrals and perpetual questioning of some applications by Committee members. He noted that `(m)ember States and the UN have a legal obligation to strengthen civil society participation in the UN, including by ensuring that people can exercise their rights to freedom of peaceful assembly and of association in multilateral arenas.' At its most recent session in January 2016, the Committee voted to close an NGO's application on the basis that its work was contrary to the UN Charter, and then voted to deny the organisation the right to engage in dialogue with the Committee and address the allegations. This was condemned in ECOSOC by US Ambassador Mendelson who said that Committee members were using the body `to subvert the purpose of the Committee by further restricting civic space at the UN and blocking or deferring NGO applications on non-substantive grounds'.

Recommendations:  As the parent body, ECOSOC must ensure that the practice and procedures of the Committee are in keeping with the principles, spirit and purpose of ECOSOC resolution 1996/31, and in strict compliance with international human rights standards. The practice and procedures of the Committee should thus be uniformly applied, apolitical, fair, transparent, non-discriminatory, consistent and expeditious. The practice and procedures should not be used to block accreditation through repeated questioning and persistent deferrals. ECOSOC must not allow its Committee's procedures and powers to be abused by imposing de facto restrictions on freedom of opinion and expression or freedom of association in violation of international human rights standards. ECOSOC, and its NGO Committee, should demand that States fully respect the Declaration on Human Rights Defenders, GA res 53/144 (1998), which affirms "the right, individually and in association with others, to unhindered access and communication with international bodies." Instead, far too many of the Committee's actions appear themselves to pose an unacceptable hindrance to such access, whether by design or in their impact. ECOSOC should explicitly affirm the need for the NGO Committee to make sure that its own processes fully respect international human rights standards, including by ensuring full respect for the right of NGOs at risk of adverse decisions to be heard by the Committee, by excluding any decision motivated by discrimination of any kind, and by committing itself to upholding the right of everyone to unhindered access to international human rights bodies. Specifically, ECOSOC should take into account the recommendations set forth by Chile, Mexico and Uruguay and institute webcasting sessions of the Committee to encourage transparency in its operations and enable NGOs whose applications are being considered by the Committee to follow proceedings. Furthermore, when putting themselves forward for membership of the Committee, Member States must fulfill their responsibility to comply with international human rights standards, including obligations to uphold the rights to freedom of association and expression.











Unfortunately, the practice of the Committee is reflective of growing restrictions on civil society globally at the very time restrictions at the national level make access to the UN all the more crucial. The members of ECOSOC should take into account the recommendations above in order to promote a safe, transparent and enabling environment for civil society at the UN. By fostering such an environment, the UN can take full advantage of the particular expertise and insights provided by NGOs while protecting the legitimacy and credibility of its work.

Yours sincerely,

Access Now Acción Solidaria en VIH/SIDA Action Canada for Sexual Health and Rights ActionAid International African Centre for Democracy and Human Rights Studies (ACDHRS) Ain o Salish Kendra Akahatá AC Albanian Helsinki Committee Alkarama Foundation American Civil Liberties Union (ACLU) American Counseling Association American Association of University Women Amis des Etrangers au Togo (ADET) Amnesty International ARC International Ariel Foundation International Article 19 Asian Forum for Human Rights and Development (FORUM-ASIA) Asian Legal Resource Centre Association de Lutte Contre la Dependance (ALCD) Association for the Prevention of Torture Association for Women's Rights in Development (AWID) Association of Scientists, Developers and Faculties Association of Women for Awareness & Motivation (AWAM) Association Promotion of Sustainable Development - India Bahrain Youth Society for Human Rights British Humanist Association Brot für die Welt Cairo Institute for Human Rights Studies (CIHRS) Castan Centre for Human Rights Law CAP Liberté de Conscience Center for Constitutional Rights Center for Development of International Law Center for Egyptian Women's Legal Assistance (CEWLA) Centre for Human Rights, University of Pretoria Center for Inquiry Center for Reproductive Rights Center for Women's Global Leadership Centre d'Etudes Juridiques Africaines (CEJA) Centre for Civil and Political Rights Centre for Sustainable Development and Education in Africa Centre for the Development of Democracy and Human Rights Centro de Documentación en Derechos Humanos "Segundo Montes Mozo S.J." (CSMM) Centro de Estudios Legales y Sociales (CELS) Child Rights Connect Child Rights International Network (CRIN)

Choice for Peace Gender and Development - Nigeria Christian Solidarity Worldwide CIVICUS: World Alliance for Citizen Participation CIVILIS Derechos Humanos Coalition for the rights to health and to life (CODEVIDA) Coalition Ivoirienne pour la Cour Pénale Internationale (CI CPI) COC Netherlands Colectivo de Abogados José Alvear Restrepo (CCAJAR) Community Self Reliance Centre (CSRC) Concern for Environmental Development and Research Cooperation for Peace and Development (CPD) Craddes ONG Defend Defenders (East and Horn of Africa Human Rights Defenders Project) Development Alliance Dimension Humaine Diverse Voices and Action (DIVA) for Equality ­ Fiji DSW (German Foundation for World Population Due Process of Law Foundation East Timor and Action Network (ETAN) Edmund Rice International Egyptian Initiative for Personal Rights Emonyo Yefwe International ENDA Tiers Monde End Impunity Organization European Environmental Bureau FAWCO FIAN Finnish NDGO platform to the EU (Kehys) Forum for Women and Development (FOKUS) Forum Suape Social and Environmental Space Foundation for Aboriginal and Islander Research Action (FAIRA) Foundation for Human Rights Initiative (FHRI) Foundation for Socio-Economic Justice - Swaziland Four Freedoms Forum Freedom House Freedom Now Frente de Mujeres Defensoras de la Pachama - Ecuador Fundamental Human Rights & Rural Development Association (FHRRDA) Gender Empowerment and Development (GeED) Geneva Infant Feeding Association (GIFA) Gestos HIV and AIDS, Communication and Gender Girls Education Mission International Global Fund for Women Global Initiative for Economic, Social & Cultural Rights Global Justice Center Graduate Women International

Green Advocates Group Thematique Droits de la Femme et Violences Sexuelles ­ Democratic Republic of Congo Gulf Centre for Human Rights Helsinki Citizen´s Assembly, Vanadzor Human Rights Movement: Bir Duino ­ Kyrgyzstan Humanitaire Plus Human Rights Council of Australia Human Rights Defenders Network ­ Sierra Leone Human Rights First Human Rights House Foundation - Geneva Human Rights Law Centre Human Rights Watch Human Rights Without Frontiers International Hungarian Civil Liberties Union HURISA International Federation of Business and Professional Women (IFBPW) IBFAN ­Zambia Ifafunke Home of Hope-Africa Foundation Institute for Reporters' Freedom and Safety Institute on Statelessness and Inclusion International Alliance of Women International Association of Lawyers Against Nuclear Arms International Association of World Peace Advocates International Baby Food Action Network (IBFAN) International Centre for Justice and Human Rights (ICJHR) International Center for Not-for-Profit Law International Commission of Jurists International Council of Jewish Women International Council of Women International Dalit Solidarity Network International Disability Alliance International Federation of Action by Christians for the Abolition of Torture (FIACAT) International Federation for East Timor (IFET) International Federation for Human Rights (FIDH) International Federation of Settlements International Federation of Social Workers International Humanist and Ethical Union International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA) International Movement Against All Forms of Discrimination and Racism (IMADR) International Partnership for Human Rights International Peace Bureau International Platform against Impunity International Service for Human Rights International Volunteer Organisation for Women Education Development International Women's Development Agency International Women's Anthropology Conference International Women's Rights Action Watch Asia Pacific

International Youth Human Rights Movement (YHRM) Iranti-Org JASS (Just Associates) Justice and Peace Netherlands Jubilee Debt Campaign Karapatan Alliance Philippines Kazakhstan International Bureau for Human Rights and Rule of Law L'Observatoire Ivoirien des Droits de l'Homme (L'OIDH) La Brique ­ Burkina Faso Lawyers Rights Watch Canada Legal Resources Centre Lesbian and Gay Federation in Germany (LSVD) Liberia Coalition of Human Rights Defenders Light for the World Lutheran World Federation Marag Mexican Commission for the Defence and Promotion of Human Rights Mityana Rural Sustainable Farmers Organisation Mongolian Gender Equality Center Montage Initiative Nagorik Uddyog (Citizen's Initiative) - Bangladesh National Alliance for Right to Food - Nepal Nazra for Feminist Studies Network of Rural Women Producers Trinidad and Tobago New Future Foundation NGO Federation of Nepal NGO Working Group on Women, Peace and Security Niger Delta Women's Movement for Peace and Development Nigerian Women Agro Allied Farmers Association (NIWAAFA) Nonviolence International Omonijuku Foundation Organization for Refuge, Asylum & Migration (ORAM) OT Watch Mongolia Outreach Scout Foundation (OSF) PacificWIN/Pacific Womens Indigenous Networks Palestinian Consultative Staff for Developing NGOs Panzi Foundation Penal Reform International People's Watch Plataforma Interamericana de Derechos Humanos, Democracia y Desarrollo (PIDHDD) Plataforma Mulheres em Acçăo Positive Vibes Trust Programme Against Custodial Torture and Impunity (PACTI) Promo-LEX Association Protection International Physicians for Human Rights REDHAC Réseau de Défenseurs des Droits Humains de l'Afrique Centrale

Refugee Council of Australia Réseau Equitas Côte d'Ivoire (REQCI) Réseau des Femmes pour le Développement des Savanes (REFED/S) Rivers without Boundaries Rural Sahrawi Association of Victims of Grave Human Rights Violations Committed by the Moroccan State (ASVDH) Scholars at Risk Network Socialist International Women Society for Threatened People Society for International Development (SID) SOS Sexisme Southern Africa Litigation Centre South Sudanese Women Voice for Peace (SSWVP) Sri Lanka Nature Group SUARAM Terra de Direitos Terra Nuova The Association for Progressive Communications The Egyptian Initiative for Personal Rights The Egyptian Organization for Human Rights The European Centre for Democracy and Human Rights (ECDHR) The Federation of American Women's Clubs Overseas (FAWCO) The Global Alliance for LGBT Education (GALE) The Jacob Blaustein Institute for the Advancement of Human Rights The Norwegian Human Rights Fund The Tandem Project Think Centre Tibetan Community UK Togolese Coalition of Human Defenders Rights Umuada Igbo Nigeria Unidad de Protección a Defensoras y Defensores de Derechos Humanos - Guatemala (UDEFEGUA) Unión Latinoamericana de Mujeres (ULAM) Unión Patriótica de Cuba (UNPACU) United Religions Initiative United Sikhs UPR Info Urgent Action Fund for Women's Human Rights USA Refugees and Immigrants USC Canada US Human Rights Network Verein zur Förderung der Völkerverständigung West African Human Rights Defenders' Network/Réseau Ouest Africain des Défenseurs des Droits Humains (ROADDH/WAHRDN) Wild Migration Women Environmental Programme World Assembly of Youth World Federalist Movement- Institute for Global Policy (WFM-IGP)

Women's Freedom Forum Women's Global Network for Reproductive Rights (WGNRR) Women's International Democratic Federation Women Living under Muslim Laws Women's UN Report Network (WUNRN) World Federalist Movement-Institute for Global Policy World Organisation Against Torture (OMCT) Women NC/NC Committee for CSW Women Thrive Worldwide World Uyghur Congress Yemen Organization for Defending Rights & Democratic Freedoms Y-Fem|The Young Feminists Movement Namibia Zimbabwe United Nations Association