[Federal Register Volume 79, Number 187 (Friday, September 26, 2014)]
[Presidential Documents]
[Pages 58237-58240]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-23229]
Presidential Documents
Federal Register / Vol. 79, No. 187 / Friday, September 26, 2014 /
Presidential Documents
[[Page 58237]]
Memorandum of September 23, 2014
Deepening U.S. Government Efforts To Collaborate
With and Strengthen Civil Society
Memorandum for the Heads of Executive Departments and
Agencies
The participation of civil society is fundamental to
democratic governance. Through civil society, citizens
come together to hold their leaders accountable and
address challenges that governments cannot tackle
alone. Civil society organizations--such as community
groups, non-governmental organizations, labor unions,
indigenous groups, charitable organizations, faith-
based organizations, professional associations, and
foundations--often drive innovations and develop new
ideas and approaches to solve social, economic, and
political problems that governments can apply on a
larger scale. Moreover, by giving people peaceful
avenues to advance their interests and express their
convictions, a free and flourishing civil society
contributes to stability and helps to counter violent
extremism. Countries should ensure that civil society
organizations can engage freely in legitimate and
peaceful activity, while recognizing the potential for
illicit actors to abuse the sector and establishing
proportionate and targeted safeguards to prevent that
abuse.
The rights to freedom of expression, peaceful assembly,
and association that enable civil society to
participate fully in social, economic, and political
life are enshrined in the Universal Declaration of
Human Rights and the International Covenant on Civil
and Political Rights. In many parts of the world,
however, these rights are in danger. An increasing
number of governments are inhibiting the free operation
of civil society and cutting off civil society
organizations' ability to receive funding from
legitimate sources. In some cases, these restrictions
arise out of the implementation of laws, regulations,
and administrative measures that are being
inappropriately applied; in other cases, the laws,
regulations, and administrative measures are themselves
problematic. Despite concerted efforts by the United
States and a growing number of like-minded governments
to address this problem, greater, sustained energy and
attention is needed worldwide.
On September 23, 2013, during the United Nations
General Assembly, the United States convened a High
Level Event on Civil Society that included heads of
state, representatives of civil society, the
philanthropic community, and multilateral organizations
to spur coordinated international action to support and
defend civil society. Through the issuance of a Joint
Statement on the Promotion and Protection of Civil
Society, attendees affirmed that the strength and
success of nations depend on allowing civil society to
function without interference, and on robust engagement
between governments and civil society to advance shared
goals of peace, prosperity, and the well-being of all
people. Attendees also committed to take concrete
steps, individually and jointly, and to lead by example
to promote laws, policies, and practices that expand
the space for civil society to operate in accordance
with international law.
To take further steps to fulfill that commitment, this
memorandum directs agencies engaged abroad (as defined
in section 6 of this memorandum), including those that
do not traditionally work with civil society, to take
actions that elevate and strengthen the role of civil
society; challenge undue restrictions on civil society;
and foster constructive engagement between governments
and civil society.
[[Page 58238]]
Therefore, by the authority vested in me as President
by the Constitution and the laws of the United States
of America, I hereby direct the following:
Sec. 1. Engaging in Consultation with Civil Society
Representatives. (a) In the conduct of U.S. foreign
policy, it is in the national interest to build
relationships with people, as well as with governments.
Therefore, agencies engaged abroad shall consult with
representatives of civil society to explain the views
of the United States on particular issues, seek their
perspectives, utilize their expertise, and build strong
partnerships to address joint challenges.
(b) When traveling overseas, senior U.S. officials
of agencies engaged abroad shall seek opportunities to
meet with representatives of civil society, especially
those who face restrictions on their work and who may
benefit from international support and solidarity.
(c) Each agency engaged abroad shall incorporate
inclusive outreach to civil society into their
international engagement.
Sec. 2. Working with Civil Society Organizations. The
U.S. Government works with civil society organizations
even when local laws restrict the ability of civil
society organizations to operate or where local laws
restrict the fundamental freedoms of expression,
peaceful assembly, and association, with due regard for
the safety of civil society interlocutors and their
operations. Agencies engaged abroad shall oppose,
through appropriate means, efforts by foreign
governments to dictate the nature of U.S. assistance to
civil society, the selection of individuals or entities
to implement U.S. Government programs, or the selection
of recipients or beneficiaries of those programs.
Additionally, agencies engaged abroad shall review
their internal regulations, policies, and procedures to
ensure that programmatic requirements do not
inadvertently impede civil society operations.
Sec. 3. Opposing Undue Restrictions on Civil Society
and Fundamental Freedoms. (a) Agencies engaged abroad
shall oppose, through appropriate means, efforts by
foreign governments that restrict the freedoms of
expression, peaceful assembly, and association in a
manner inconsistent with their international
obligations and commitments. Such actions may include
urging relevant governments or legislatures to reverse
course; making high-level statements or delivering
messages publicly or privately; working with local and
international civil society organizations and
stakeholders, like-minded countries, and regional and
multilateral organizations and bodies; and, where
possible, providing direct assistance to civil society
actors engaged in these efforts.
(b) Agencies engaged abroad shall, where possible,
expand the provision of advice and other support to
governments seeking to institute legal and political
reforms to protect civic space, and to civil society
organizations where governments are not engaged in such
affirmative reform efforts. This may include funding
for democracy, human rights, workers' rights, and
governance assistance, as well as emergency support to
activists and organizations.
(c) Agencies engaged abroad shall seek diplomatic
and programmatic opportunities in regional and
multilateral organizations and bodies to protect and
strengthen civil society. This shall include efforts to
enhance support for the work of the U.N. Special
Rapporteurs charged with advancing relevant rights,
including the rights to freedom of opinion and
expression, peaceful assembly and association, and
human rights defenders.
Sec. 4. Facilitating Exchanges between Governments and
Civil Society. (a) Agencies engaged abroad shall seek
to foster improved relations and understanding between
governments and civil society, including in the
advancement of social, economic, and development
priorities. Such efforts may include training for
government and civil society representatives; brokering
dialogue between government and civil society
representatives; identifying affirmative activities
around which governments and civil society
organizations can engage; providing legal or other
assistance to governments and
[[Page 58239]]
civil society organizations to draft or improve laws,
regulations, and administrative measures; and sharing
best practices regarding the proper implementation of
these laws.
(b) Agencies engaged abroad that organize public,
U.S.-hosted international gatherings shall create
opportunities for civil society to substantively engage
in such events, where appropriate.
Sec. 5. Reporting on Progress. The National Security
Advisor shall prepare an annual report for the
President on the Federal Government's progress
implementing the requirements of this memorandum.
Agencies engaged abroad shall provide the National
Security Advisor with any requested information on
their progress implementing the requirements of this
memorandum to include in this annual report.
Sec. 6. Definitions. For the purposes of this
memorandum, ``agencies engaged abroad'' are the
Departments of State, the Treasury, Defense, Justice,
Agriculture, Commerce, Labor, Health and Human
Services, and Homeland Security, the United States
Agency for International Development, the Millennium
Challenge Corporation, and the Office of the United
States Trade Representative.
Sec. 7. General Provisions. (a) This memorandum is not
intended to, and does not, create any right or benefit,
substantive or procedural, enforceable at law or in
equity by any party against the United States, its
departments, agencies, or entities, its officers,
employees, or agents, or any other person.
(b) Nothing in this memorandum shall be construed
to impair or otherwise affect:
(i) the authority granted by law to an executive department, agency, or the
head thereof, or the status of that department or agency within the Federal
Government; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(c) Nothing in this memorandum shall alter the role
of the Secretary of State or Chiefs of Mission in the
coordination or implementation of U.S. foreign policy,
and this memorandum shall be implemented consistent
with agencies' respective missions.
[[Page 58240]]
(d) This memorandum shall be implemented consistent
with applicable law and subject to the availability of
appropriations.
(e) The Secretary of State is hereby authorized and
directed to publish this memorandum in the Federal
Register.
(Presidential Sig.)
THE WHITE HOUSE,
Washington, September 23, 2014
[FR Doc. 2014-23229
Filed 9-25-14; 11:15 am]
Billing code 4710-10