IV. Oversight
Oversight Bodies
31. Matters relating to the oversight of associations shall be overseen, where necessary, by a
single body that conducts its functions impartially and fairly.23 Such a body shall have
oversight only in relation to essential, minimum internal governance structures and
standards.24 The powers of such a body shall be clearly delimited by law in accordance with
regional and international human rights standards.
32. Civil society actors should work together to establish independent self-governance standards,
which should aim for openness, transparency and democratic structures.
Oversight Powers
33. The oversight powers of the authorities shall be carefully delimited, so as not to infringe on
the right to freedom of association.
1. In particular, associations shall not be required to transmit detailed information such as
the minutes of their meetings, lists of their members, or personal information of their
members to the authorities.25
2. Neither law nor practice shall require the attendance of state agents at meetings of
associations.
3. State inspections shall not aim at verifying the compliance of associations with their own
internal procedures.26
34. Inspections of associations by oversight bodies shall only be permitted following a judicial
order in which clear legal and factual grounds justifying the need for inspection are
presented.
1. Inspections shall only take place where there is a well-founded evidence-based allegation
of a serious legal violation.
2. Regulations on inspections shall clearly define the powers of inspecting officers, ensure
respect for privacy, and provide redress for any violations committed through the
inspection process.
23 Civil society actors may be included in this body as a means to promote transparency and fairness.
24 The core matter falling under such a category is a prohibition on the distribution of profits.
25 A list of the names of the founding members of an association may form part of the documents
necessary in the notification procedure, however. For more commentary pertaining to such an issue, see
Organisation for Security and Cooperation in Europe, Guidelines on Freedom of Association (2015), para.
167.
26 As it is for associations to determine these matters internally. For more commentary pertaining to such
an issue, see Organisation for Security and Cooperation in Europe, Guidelines on Freedom of Association
(2015), para. 178.