Challenges faced by groups most at risk when exercising or seeking to exercise the rights to freedom of peaceful assembly and/or of association 2014, para. 59
Paragraph- Paragraph text
- The use of national security or counter-terrorism legislation to restrict or prohibit the formation or registration of associations is often detrimental to the right to freedom of association of minority groups. Under the guise of fighting terrorism or extremism, associations comprised of minorities, including religious, linguistic or ethnic minorities, may be subjected to delays in registration, denial of registration, harassment and interference. Such associations may be seen as promoting or propagating views or beliefs not shared by the majority of the population or that are unfavourable to the authorities. The Special Rapporteur recognizes that States have a legitimate obligation to protect their national security and public safety. However, this legitimate interest should never be used as an excuse to silence critical or diverse voices. States must treat all associations equitably, regardless of their views, and this treatment must be guided by objective criteria that comply with international human rights law, where a registration regime exists. In Chile, members of the Mapuche indigenous community have been targeted under counter-terrorism legislation when advocating for the rights of their community. In Turkey, peaceful Kurdish activists advocating for the rights of their community have been arrested and sentenced to prison for allegedly belonging to an association considered to be a terrorist group.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2014
- Paragraph type
- Other
- Reference
- SR Freedom of Assembly, Report to the HRC (2014), A/HRC/26/29, para. 59.
- Paragraph number
- 59
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