International Center for Not-For-Profit Law (ICNL): Setting the standard for CSO regulation through the Inter-American Principles for Civil Society

Although the freedom of association is enshrined in constitutions across the Americas, restrictions to this right are common. Compounding this issue, government officials shaping civil society organization (CSO) regulations often replicate flawed laws from neighboring countries, perpetuating bad practices. To address such issues and introduce a positive model instead, ICNL joined forces with Ramiro Orias of the Inter-American Juridical Committee (IAJC) — an advisory body of the Organization of American States (OAS)— to create enabling standards for CSO regulations in the region.

Through a participatory process involving more than 100 CSO practitioners and legal experts from across the Americas, ICNL and Orias developed the InterAmerican Principles on the Creation, Operation, Financing, and Dissolution of Not-for-Profit Civil Entities. Adopted in March 2023, the twelve straightforward principles set a benchmark for OAS member states’ regulation of CSOs, from establishment to dissolution. Advocates across the region are already using the document to challenge constraints on civic space.

The principles expressed in the above-mentioned report are being used as regional standards to promote accountability for governments that enact restrictive policies. In September 2023, the Inter-American Commission of Human Rights invoked them in a report on shrinking civic space in Nicaragua, where thousands of CSOs have had their legal status revoked since 2018. In Guatemala, local ICNL partners used the Principles to initiate discussions with government officials on improving the country’s highly restrictive laws. After these meetings, officials carried out an initial assessment of Guatemalan regulations in light of the principles and pledged to use them to guide future revisions Hence, the newly developed Principles set a benchmark for OAS member states’ regulation of CSOs while protecting civic space.