A/HRC/56/50
10.
Significant advancement has been made towards reasserting the right of associations
to have access to resources. The mandate holder contributed substantially to that effort,
reinforcing the right of members of associations to free access to human, material and
financial resources from domestic, foreign and international sources as intrinsic to the right
to freedom of association and essential for the existence and effective operation of any
association.6 Furthermore, the Human Rights Committee has asserted that the obligations of
States relating to the right to freedom of peaceful assembly extend to activities integral to
making the exercise of the right meaningful, such as the mobilization of resources by
participants or organizers.7
11.
The Special Rapporteur also strengthened the standards on access to resources by
developing specific guidelines that provide practical recommendations to States, the donor
community, financial institutions and multilateral entities. 8 The Special Rapporteur engaged
proactively with the Financial Action Task Force to ensure that safeguards were put in place
against States’ misuse of counter-terrorism and anti-money-laundering regulations to
suppress fundamental freedoms. In November 2023, the Financial Action Task Force
amended its recommendation 8 and its interpretive note to state that any counter-terrorism or
anti-money-laundering measures implemented by States should be focused, proportionate
and risk-based to address identified terrorism financing risks and must not be overly
burdensome or restrictive.9
12.
The mandate holder, along with the Special Rapporteur on the promotion and
protection of human rights and fundamental freedoms while countering terrorism, has
regularly provided analysis of legislation, policies and practices to counter the
instrumentalization of ill-defined or overly broad counter-terrorism laws to suppress
movements, peaceful protests and civil society organizations.
13.
In its general comment No. 37 (2020) on the right of peaceful assembly, which
reinforces the mandate holder’s efforts, the Human Rights Committee provided authoritative
guidance on the scope of the right of peaceful assembly, the obligations of States, the duties
and powers of law enforcement agencies and the right to peaceful assembly during states of
emergency.
14.
Important efforts to safeguard the protection of human rights in the context of protests
have been made, such as through the Human Rights Council resolutions on peaceful protest 10
and the Special Rapporteur’s reports. Specifically, the Special Rapporteur has focused his
efforts on reversing the negative discourse portraying peaceful protests as threats and on
reasserting States’ obligations to protect and facilitate peaceful protests as a right, protected
under article 21 of the International Covenant on Civil and Political Rights, including in crisis
situations. 11 The Model Protocol for Law Enforcement Officials to Promote and Protect
Human Rights in the Context of Peaceful Protests, developed recently by the Special
Rapporteur in collaboration with UNODC and the Office of the United Nations High
Commissioner for Human Rights, provides critical practical guidance for law enforcement to
ensure that peaceful protests are facilitated, rather than controlled or suppressed.12 The Model
Protocol operationalizes international standards relating to precaution, protection,
accountability and the avoidance of the use of force.
15.
The mandate holder’s work has also been instrumental in advancing the protection of
the rights to freedom of peaceful assembly and association online and through the use of
digital technology.13 The 2023 joint declaration issued by the Special Rapporteur, together
with regional mechanisms, provided recommendations to States and the business sector to
6
7
8
9
10
11
12
13
4
See A/HRC/50/23 and A/HRC/23/29.
Human Rights Committee, general comment No. 37 (2020), para. 33.
A/HRC/53/38/Add.4.
See https://www.fatf-gafi.org/en/publications/Fatfrecommendations/protecting-non-profits-abuseimplementation-R8.html.
Resolution 50/21.
A/HRC/50/42.
See https://www.ohchr.org/en/documents/tools-and-resources/practical-toolkit-law-enforcementofficials-promote-and-protect-human.
A/HRC/41/41.
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