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Promotion and Protection of Human Rights: Role of Civil Society

It is of paramount importance to clarify the roles and limits of civil society in the protection of human rights. The protection of groups and individuals as well as their rights falls under the State functions. This covers the establishment of standards, laws and institutions that derive their legitimacy from popular sovereignty, and are capable of protecting the rights of individuals and groups. However, we are witnessing a paradoxical process. The expansion of freedom and the democratization process are accompanied by a civic disengagement, political demobilization and a crisis of confidence in institutions and political parties. Given the persistence of authoritarian reflexes, this only reinforces the belief that civil society can replace the state and political parties, while having neither the capacity nor the vocation. Its fundamental vocation is to set itself up as against power, which should not be considered as necessarily against the power.

It goes without saying that the role of civil society in promoting human rights takes in this context a fundamental value. Ultimately, it is about forming a citizen sufficiently armed to defend his/her rights. The aim is to achieve the empowerment which entails the participation of individuals in the definition of their rights and freedoms. Beyond its role of monitoring respect for human rights, laws and their constitutionality, safeguarding the physical security of person, safeguarding the lawful property, safeguarding public properties, elements that are central in the protection and empowerment, civil society has a role to play as:

- a force of proposal of new social values that respect human dignity, physical security of person, freedoms and responsibilities, as every right implies its corollary: a duty;

- a force of change by mobilizing people;

- a force for generating ideas with the support of experts and researchers ;

- a catalyst for new practices on the ground that give its work a social pillar, strength and legitimacy.

It goes without saying that this control approach is part of democracy-building, which is:

- A moral requirement, a practice and an instrument of justice, equality and rule of law;

- A control of the community on the powers, a way of ensuring opportunity for people to participate in the process of decision-making, implementation and monitoring of projects.

- A possibility for people to freely choose their leaders, participate in the management of power, control their representatives and put an end to their mandates in the event of failure.

Within this context, particularly in societies under transition, civil society can not act alone and should support the establishment of national institutions for the protection of human rights. As mediation bodies, these institutions can fully play their role only if they enjoyed full autonomy vis-à-vis the state and acted in strong collaboration with civil society. They should be the place where the voice of society can be heard and the constraints facing the State can be expressed, in order to:

a. consolidate constitutional human rights guarantees;
b. adopt and implement an integrated national strategy against impunity;

c. draw up and implement public policies in the areas of justice, security and law enforcement, education and in-service training, and ensure active involvement of all components of society;

d. strengthen the control of the constitutionality of laws and autonomous regulations resulting from the executive branch;

e. ensure security governance, which entails the upgrade, clarification and publication of regulations.

In addition, the choices and the imperatives of economic liberalization and privatization of basic public services generate and exacerbate social exclusion and security excesses, which are enhanced by a globalization that favors restrictions on freedom of movement of people and security policies.

In this context, in order to fulfill its role of promoting and protecting human rights, civil society must rethink its relation with the state, whose nature is crucial in the strategy to be adopted.

- How to overcome mistrust and suspicions in such a way as to enable defenders of human rights, through partnerships, to contribute to training and raising the awareness of security officers in respecting the autonomy and independence of associations?

- How to affirm the independence of members of parliament and make them allies and a counterweight to the executive branch?

- How to control the way parliamentarians fulfill their responsibilities and commitments vis-à-vis citizens?

- How to promote clear provisions on the separation of powers, namely constitutional, legal and institutional mechanisms that are likely to ensure a better balance between the executive and the legislature?

This requires upgrading and strengthening the action and political participation, knowing that civil society could not actually become strong and flourish if political society, whose function is to manage institutions, was not strengthened. Without a regulatory body, that is a legitimate state with fair laws and strong independent judiciary, civil society, vague concept, with components socially, politically and culturally heterogeneous, could eventually induce perverse effects of localism, regionalism, fragmentation of actions and visions, privatization and exasperation of violence. Under these conditions, civil society would not perform its function which is, inter alia, the promotion and protection of rights humans.

Kamal Lahbib, civil society activist
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The views and opinions expressed in this article are those of the author and do not necessarily reflect the position of CCDH.

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