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.
a. 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
b. Neither law nor practice shall require the attendance of state agents at
meetings of associations.
34. State inspections shall not aim at verifying the compliance of associations with
their own internal procedures.26
a. 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.
b. Inspections shall only take place where there is a well-founded evidencebased allegation of a serious legal violation.
c. 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.
d. Where associations are required to provide documents prior to or during
an inspection, the number of documents required should be defined and
reasonable, and associations should be given sufficient time to prepare them
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.
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