Preamble
Considering the importance of respecting the purposes and principles of the Charter of the United Nations for the strengthening and protection of international peace and security, and their close relationship with respect for all human rights in all circumstances;
– Recalling the eminent role of states in encouraging and protecting humanitarian and charitable action;
– Recognising the right and the responsibility of individuals, associations and leagues to deepen charitable and relief work in order to alleviate human tragedies, avoid recourse to violence and strengthen the social fabric and human solidarity;
– Recognising that voluntary action in the fields of humanitarian charity and development is one of the priorities of contemporary civic presence in society,
– Considering the unprecedented growth throughout the world of organisations, entities and institutions working through organised voluntary action,
– Noting the absence of clear rules on the rights and responsibilities of voluntary organisations and their members in the fields of charity, humanitarian action and development, as well as the abuses of which these organisations have been victims,
– Considering the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, and international humanitarian law, both conventional, arising from the conventions concerning vulnerable groups, in particular minorities, and from international treaties, and customary,
– Taking into account the various United Nations decisions on this subject,
The representatives and delegates of voluntary NGOs working in the fields of charitable action, humanitarian action and development met in Paris on 9 and 10 January 2003 and adopted the present Declaration on the rights and obligations of the bodies and members of associations and institutions working through voluntary action in the fields of charity, humanitarian work and development, calling for its adoption as an official Declaration by the General Assembly of the United Nations.
Article 1: For the purposes of this Declaration, the terms “voluntary charitable activities” and “humanitarian aid” apply to any activity of aid, relief, assistance, solidarity, protection and development for the benefit of communities or individuals in need of help, in particular victims of natural disasters or of social, economic or political crises, as well as victims of exceptional circumstances or of violations of the fundamental human rights that guarantee human dignity and physical and mental integrity.
Voluntary activity means the will to do something, without anything in return, for the benefit of others, under the following conditions:
1. That this voluntary activity is not contrary to the spirit or the letter of international law and complies with the laws and regulations governing such activity in the country of operation or in which the organisation and its branches are based, insofar as those laws do not contradict international law;
2. That this activity does not undermine international peace and security;
3. That this activity provides humanitarian or development services, or services to protect the environment;
4. That this activity does not aim at any financial gain.
Article 2: This Declaration recognises and adopts the fundamental rights to life, liberty, physical and mental integrity and work, the freedoms of conscience, thought, expression and association, of participation in peaceful associative work, of movement and travel, and of participation in public affairs, both national and international, as these rights and freedoms are enshrined in the Universal Declaration of Human Rights.
Article 3: These organisations have the right, in full compliance with the applicable laws and regulations, to decide freely and transparently on their financial policies and their programmes of activities. As long as they scrupulously respect the conditions set out in Article 1 of this Declaration, their funds and assets may not be seized or frozen, nor may they be dispossessed of property or goods legally in their possession.
Article 4: These organisations have the right to set up branches and centres and to appoint their local representatives in the countries where they operate, in collaboration with the official authorities, who have a duty to facilitate the related procedures.
Article 5: These organisations have the right to make their own investments in order to secure and improve the funding of their activities.
Article 6: These organisations must be authorised, free of all customs duties, taxes and levies, to import into or export from the countries where they operate the goods and products related to the nature of their projects, such as foodstuffs, medicines, tents, clothing, and equipment and materials intended for local, manufacturing, industrial or agricultural development.
Article 7: Humanitarian and charitable organisations and their active members shall take into account and respect the cultural particularities and the various needs of the populations with whom they come into contact in the course of their voluntary activities.
Article 8: Voluntary humanitarian, charitable and development organisations shall not be held responsible for, nor bear the consequences of, proven illegal individual activity by one of their members or occasional collaborators committed without the knowledge of these organisations.
Article 9: These organisations and their individual members have the right to apply to local or foreign courts should they face harmful conduct in any state where they operate; the court seized shall take into account this Declaration and the relevant international law.
Article 10: Every adult has the right to take part in humanitarian and charitable activities, without pressure or discriminatory prohibition. It is his or her duty to bear witness to violations of human rights and international humanitarian law.
Article 11: A member of a voluntary humanitarian or charitable organisation, whether acting individually or collectively within the framework of this Declaration, is subject only to those principles, rules and obligations that are legally in conformity with international conventions and treaties and that ensure respect for the rights and duties of others and for public order.
Article 12: No one may be deprived of the right to engage in humanitarian action on grounds of ethnicity, colour, sex, language, religion, belief or opinion, nationality or statelessness, social rank or wealth, country or any other discriminatory criterion.
Article 13: Members working voluntarily in the humanitarian, charitable or development field enjoy freedom of movement and travel in the countries where they operate, as their activities require.
In their relations within humanitarian and charitable NGOs, members and paid staff are entitled to equal treatment without discrimination on grounds of nationality, sex, religion, colour or any other discriminatory criterion.
Article 14: States undertake to foster, through appropriate legislative measures, the social, economic and political conditions enabling individuals and associations to enjoy these rights.
Article 15: States are responsible for disseminating and promoting an understanding of the benefits of humanitarian and charitable work, particularly in education and teaching programmes at all levels and in information, cultural and communication programmes. These methods and programmes should show the importance of such acts of solidarity and, through knowledge and love of the other, their beneficial effects on society.
Article 16: States shall, within the limits of their means, give moral and material support to voluntary humanitarian and charitable activities, and make it easier for organisations that so wish to undertake investments capable of funding their local activities.
Article 17: Each state must protect organisations and individuals engaged in humanitarian action from any aggression or obstruction of their work. It must deal with such conduct in accordance with the relevant international conventions and declarations, including General Assembly resolution 56/217 of 17 February 2002.
Article 18: Accusing voluntary humanitarian and charitable organisations or their active members of extremism, racism, terrorism or discrimination must be prohibited, as must all political or security measures, arrests, public defamation, closure of offices and seizure of goods and property targeting these organisations when they act within the framework of Article 1 of this Declaration, except on formal proof and a final judgment of guilt handed down by a court sitting and deciding in full fairness, in accordance with internationally accepted standards.
