The member states of the Organization for Security and Cooperation in Europe, the OSCE (before the Conference on Security and Cooperation in Europe) have committed themselves to ensure the freedom of association in several OSCE documents. In the Vienna Concluding Document from 1989, for example, the participating states expressed in article 13.5 that they:

"respect the right of their citizens to contribute actively, individually or in association with others, to the promotion and protection of human rights and fundamental freedoms"

Although this article does not explicitly guarantee the right to freedom of association, it is nevertheless a significant statement leading up to the first OSCE commitment ensuring the freedom of association the following year at the Copenhagen meeting of the Human Dimension in 1990. Chapter 2, paragraph 9.3 in the Copenhagen Document guarantees the freedom of association, and this paragraph also ensures the freedom to join and form trade unions.

One year later in 1991 in the Moscow meeting on the Human Dimension, the right to freedom of association was reinforced. Paragraph 43 of the Moscow Document reads:

"The participating States will recognize as NGOs those which declare themselves as such, according to existing national procedures, and will facilitate the ability of such organizations to conduct their national activities freely on their territories"

However, although all OSCE countries have committed themselves to ensure the freedom of association, the right is still restricted in many countries in the OSCE region. In Georgia and Azerbaijan, for example, the governments have threatened to restrict NGOs foreign funding, which would jeopardize the existence of many organizations. Belarus is another example where the right to freedom of association has been constantly violated over the years and where NGO workers have been arrested, harassed and threatened. It is most important that the right to freedom of association is carried out and ensured in all countries in the OSCE region, and the OSCE has therefore urged its participating States to adhere to their commitment by:

• developing supportive regulatory framework for NGO law reform when necessary;
• provide registration procedures for NGOs that are quick, easy and inexpensive;
• provide a clear and concise legal framework for NGOs;
• fully support the United Nations General Assembly Draft Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms.

OSCE participating states have through various international instruments committed themselves to ensure the freedom of association in the region and allow members of the civil society to carry out their tasks without undue governmental interference. It is essential that the member states live up to these commitments and protect the right to freedom of association in their countries in theory as well as in practice.

Analysis provided by: Maria Bideke, International lawyer and Director of Law Association Justice International.