The Secretary-General of the United Nations wrote in 1994：“the activity of non-state actors has today become an essential dimension of public life at all levels and in all parts of the world.”737797 Likewise the European Commission describes NGOs as the kingpin of democracy：“…they now play an essential part as intermediaries in the exchange of information and opinion between governments and citizens，providing citizens with the means with which they may critically examine government actions or proposals，and public authorities in their turn with expert advice，guidance on popular views，and essential feedback on the effects of their policies.”737798

Although there is no universally recognized legal definition of NGOs，they are essentially understood to be private non-profit organizations（associations，foundations，etc.）. They enjoy a fairly high degree of independence from governments with voluntary（i.e. non-compulsory）membership and are devoted to the realization of relevant socio-political goals，such as peace，environmental protection，refugee policy，development cooperation，human rights etc.737799 What makes NGOs distinct from governmental organizations is their independence. However，in practice this very characteristic takes on different shapes which is largely to do with the different political systems prevailing. Many NGOs are dependant，in one way or another，on public funding；but this does not necessarily frustrate their self-determination as long as they are independent of state power structures，e.g. without interference in their governance and leadership and enjoying the right to privacy in associational relationships. Some act at a global level，others in certain regions，but most NGOs only act at the national or sub-national level.

Non-Governmental Organizations have especially become indispensable in the work of human rights protection. International human rights NGOs have helped to stimulate，and invigorate the UN’s human rights work. By providing accurate，objective，and up-to-date information about human rights abuses，they have effectively transformed the UN’s debate. They have also pressed for a more open agenda，for increased participation by a wide range of NGOs at UN meetings，and for the UN to live up to its commitments to protect and promote respect for human rights. Many governments have resisted NGO participation in the UN at many occasions.737800 Especially during the World Conference on Human Rights in Vienna 1993 the ambivalent relationship between the UN and NGOs became obvious：on the one hand，the human rights activities of the UN would not be possible without the commitment of and the cooperation with NGOs；on the other hand，their criticism of present conditions do not suit the intentions of several member states. The UN as “host” had invited the NGOs into the conference building but tried to influence the conference planning by referring to the official conference agenda which excluded the discussion of country specific issues.737801 Leaving aside this questionable example，NGOs with consultative status have the right to speak within the Economic and Social Council of the UN and its subsidiary bodies in almost the same way as state representatives，just as within the OSCE meetings on the human dimension in which they participate on an equal footing with the states and are largely responsible for any animation in the agenda. An extremely fruitful cooperation has been developed between NGOs and the African Commission on Human and People’s Rights，which has granted observed status to many international，regional and national NGOs.737802 A formal recognition of NGOs is only in some cases（e.g. UN Human Rights Commission）a precondition for active participation. For most monitoring procedures，NGOs are welcome to contribute without any specific status：They can lodge individual complaints（before the Inter-American and African Commission），initiate inquiry procedures（CAT，CEDAW），submit information to state reporting procedures，etc. The Establishment of a partnership with NGOs by the bodies of the European Union can be described as rather lugging. Although several instances of cooperation have already been set up in sensitive areas as by the Advisory Board on the Ethics of Biotechnology and the European Monitoring Centre on Racism and Xenophobia，there are great potentialities for improvement.737803

The legal framework for enhanced international attention to the work of national NGOs is largely in place. There is a substantial corpus of international human rights law protecting freedom of association，including eight international and regional human rights instruments. Article 20 of the Universal Declaration of Human Rights states that everyone has the right to freedom of association. The International Covenant on Civil and Political Rights，further elaborates on this protection. Although all these provisions in international and regional instruments provide room for considerable discretion they at least make clear，that categorically banning the right to form，join and maintain NGOs violates international standards.

In contrast to Art. 16 of the ACHR，Art. 22 CCPR does not expressly list the possible purposes of an association；it is also to be assumed here that the protective scope is broad，clearly including before defined NGOs. Moreover the legal form of an association is basically unrestricted. But because groups of persons usually seek to pursue their longer-term interests in a legally recognized form（usually as juridical persons），States are even under a positive duty to provide the legal framework for founding NGOs as juridical persons. One important aspect of legal personality is the capacity to sue or be sued. In this area NGOs play an essential part in some European countries at the national level. In France，for example，associations may，within the confines of their special field，sue for civil injury（concurrently with a criminal action）instead of or alongside the victims.737804 The state no longer possesses a monopoly on public action with regard to certain crimes or misdemeanours，in particular in the area of racial discrimination. This development is highly promoted by the European Union and will soon be the standard in every Member State after the implementation of two EU-Directives on racial discrimination end of this year.737805 Since freedom of association also has effects on the horizontal level，States are，furthermore obliged to protect the formation or activities of NGOs against interference by private parties. As NGOs often exercise public tasks in the interest of a well-functioning democracy the State has a positive obligation to fulfil and protect their rights get，e.g. by facilitating their tasks by funding and tax exemptions. NGOs viability often rests on the funding and supplies from domestic and international foundations and organizations hand in hand with a suitable tax regime favourable to the activity of NGOs financed by such individual donations. Limiting or denying the ability to accept such individual contributions or imposing a disproportional tax burden preventing the effective operation of NGOs intervenes with their right of association. States of the European Union may be mentioned as good practice in this respect as in the majority of Member States，tax may be deducted in full and in two countries gifts may be set against tax only in part.737806 The freedom to join and form associations implies a second aspect：the freedom to choose the organizations to which one wishes to belong. When a country has only one NGO for promoting human rights but I am not in agreement with its methods and objectives，my freedom of association is not exhausted simply because I am not forced to join this NGO. On the contrary，Art. 22（1）CCPR also guarantees my right to found a second human rights NGO with other，like-minded persons corresponding more to my liking.

As restrictions on freedom of association must be prescribed by law according to Art. 22（2），equally as according to Art. 11（2）ECHR and Art 16（2）ACHR，i.e. set down in a general abstract parliamentary act or an equivalent unwritten norm of common law with sufficient definitiveness，also NGOs are protected against the exercise of arbitrary discretion to be banned. The restrictions must furthermore be necessary in a democratic society for attaining one of the purposes listed in the Articles，which have to be interpreted restrictively. It is impossible to discern a uniform understanding of democracy common to all countries of the world. On the other hand it is clear that freedom of association can not be effectively protected if the limitations clause is not applied in conformity with certain minimum democratic principles. They must be proportional and be oriented along the basic democratic values of pluralism，tolerance，broadmindedness and people’ sovereignty. The principle of proportionality requires that the type and intensity of interference be absolutely necessary to attain a purpose.737807 The dissolution of an NGO，as generally associations，or the prohibition of its formation，as the severest restriction on freedom of association，is ultima ratio only possible when all milder means are insufficient. A total prohibition of an association is，therefore，permissible only for State-threatening organization，i.e. associations that represent a political or military threat to the entire nation or that disseminate propaganda for war within the meaning of Art 20 CCPR or others whose activities aim at the destruction of the rights of the Covenant within the meaning of Art. 5（1）.737808 Such organizations may be prohibited in the interest of national security. But considering before mentioned definition of NGOs，devoted to the realization of relevant socio-political goals，it is already questionable if such an organization even constitutes an association topic to this presentation. In the interest of public order States are entitled to issue ordinances to control the lawfulness of the formation and activities of associations. According to the CCPR the protective purpose justifies not only a notification system but also a licensing system within before mentioned limits，including a registration duty. Oppressive registration and licensing schemes for NGOs without procedures for judicial review are inter alia in violation of freedom of association. The Austrian Constitutional Court interpreting the right of association in the light of Art 11 ECHR even goes a step further by ruling that a licensing system in the case of non-profit organizations，like NGOs are，is contradicting this constitutional right. Consequently according to Austrian law NGOs，as all other non-profit organizations，only have to notify the competent administrative authorities of their association in presenting their statute.

All listed reasons for justifiable interference in the CCPR，the ACHR and the ECHR are recognized as legitimate public and private interests in a democratic society. Therefore，the actual relevance of the limitation-paragraphs of these international instruments lays not so much in the exclusive listing of the reasons for limitation as in the criteria of necessity in a democratic society and the proximate proportionality test.

The Austrian legal framework for associations can maybe in general be described as liberal. The system of clubs and societies as such is identified by the characteristics of voluntariness and self-responsibility，constituting a “lived democracy”. At the present time there are over 95.000 non-profit associations registered and approximately 29 per cent of the Austrians are member of an association.737809 Some of those exercise significant impact on the policy of the Austrian government within the scope of the social-partnership. They represent the interests of the citizens in a powerful way thereby avoiding the need for strikes by a consent based approach on the side of the government.

Concerning human rights NGOs on the international level more recent standard-setting initiatives define governmental obligations to ensure respect for the right of these NGOs to operate freely in more detail. In clear recognition of the important work of local human rights groups，the Declaration on Human Rights Defenders was adopted by the UN General Assembly on 9 December 1998.This Declaration sets down a series of principles and standards aimed at ensuring that states fully support the efforts of human rights defenders and ensure that they are free to conduct their legitimate activities without hindrance or fear of reprisals.

Although the Declaration is not a formal treaty and does not compel states to report on their compliance with it，the UN has appointed a special representative to monitor the implementation of the Declaration. Key articles in the Declaration include the right to be informed about fundamental rights and freedoms，and the right to meet and assemble peacefully for the purpose of promoting universally recognized human rights. The Declaration also confirms the right to criticize government policy and action in relation to human rights，and the right to adequate protection and an effective remedy when the right to promote and protect human rights as referred to in this Declaration is violated.