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Protection of human rights in the context of peaceful protests during crisis situations
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2022
- Document code
- A/HRC/50/42
- Date modified
- Jan 9, 2024
Document
Access to resources
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2022
- Document code
- A/HRC/50/23
- Date modified
- Jan 9, 2024
Document
Observations on communications transmitted to Governments and replies received
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2022
- Document code
- A/HRC/50/23/Add.1
- Date modified
- Jan 9, 2024
Document
Access to justice as an integral element of the protection of rights to freedom of peaceful assembly and association
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2021
- Document code
- A/HRC/47/24
- Date modified
- Jan 9, 2024
Document
Observations on communications transmitted to Governments and replies received - Report of the Special Rapporteur on the rights to freedom of peaceful assembly and of association
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2021
- Document code
- A/HRC/47/24/Add.1
- Date modified
- Jan 9, 2024
Document
Ending Internet shutdowns: a path forward - Report of the Special Rapporteur on the rights to freedom of peaceful assembly and of association
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2021
- Document code
- A/HRC/47/24/Add.2
- Date modified
- Jan 9, 2024
Document
Guidelines for lawyers in support of peaceful assemblies - Report of the Special Rapporteur on the rights to freedom of peaceful assembly and of association
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2021
- Document code
- A/HRC/47/24/Add.3
- Date modified
- Jan 9, 2024
Document
Ten years protecting civic space worldwide
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2020
- Document code
- A/HRC/44/50
- Date modified
- Jan 9, 2024
Document
Observations on communications transmitted to Governments and replies received - Report of the Special Rapporteur on the rights to freedom of peaceful assembly and of association
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2020
- Document code
- A/HRC/44/50/Add.4
- Date modified
- Jan 9, 2024
Document
The exercise of the rights to freedom of peaceful assembly and of association in the digital age
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2019
- Document code
- A/HRC/41/41
- Date modified
- Jan 9, 2024
Document
Observations on communications transmitted to Governments and replies received - Report of the Special Rapporteur on the rights to freedom of peaceful assembly and of association
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2019
- Document code
- A/HRC/41/41/Add.1
- Date modified
- Jan 9, 2024
Document
Civil society participation in the implementation of Agenda 2030 on Sustainable Development - Report of the Special Rapporteur on the rights to freedom of peaceful assembly and of association
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2019
- Document code
- A/HRC/41/41/Add.2
- Date modified
- Jan 9, 2024
Document
Trends with regard to the exercise of the rights to freedom of peaceful assembly and of association
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2018
- Document code
- A/HRC/38/34
- Date modified
- Jan 9, 2024
Document
The Achievements of Civil Society
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2017
- Document code
- A/HRC/35/28
- Date modified
- Jan 9, 2024
Document
Report of the Special Rapporteur on the rights to freedom of peaceful assembly and of association on his follow-up mission to the United Kingdom of Great Britain and Northern Ireland
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2017
- Document code
- A/HRC/35/28/Add.1
- Date modified
- Jan 9, 2024
Document
Report of the Special Rapporteur on the rights to freedom of peaceful assembly and of association on his follow-up mission to the United States of America
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2017
- Document code
- A/HRC/35/28/Add.2
- Date modified
- Jan 9, 2024
Document
Comments by the State United Kingdom of Great Britain and Northern Ireland
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2017
- Document code
- A/HRC/35/28/Add.4
- Date modified
- Jan 9, 2024
Document
Observations on communications transmitted to Governments and replies received
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2017
- Document code
- A/HRC/35/28/Add.3
- Date modified
- Jan 9, 2024
Document
Importance of the rights to freedom of peaceful assembly and of association in advancing sustainable peace and democratic transitions
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2023
- Document code
- A/78/246
- Date modified
- Jan 8, 2024
Document
The Essential Role of Social Movements in Building Back Better
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2022
- Document code
- A/77/171
- Date modified
- Jan 8, 2024
Document
Exercise of the rights to freedom of peaceful assembly and of association as essential to advancing climate justice.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2021
- Document code
- A/76/222
- Date modified
- Jan 8, 2024
Document
Celebrating women in activism and civil society: the enjoyment of the rights to freedom of peaceful assembly and of association by women and girls.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2020
- Document code
- A/75/184
- Date modified
- Jan 8, 2024
Document
The interlinkages between closing civil society space, poverty, national policy and the exercise of the rights to freedom of peaceful assembly and of association.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2019
- Document code
- A/74/349
- Date modified
- Jan 8, 2024
Document
The linkages between the exercise of the rights to freedom of peaceful assembly and of association and the implementation of the 2030 Agenda for Sustainable Development
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2018
- Document code
- A/73/279
- Date modified
- Jan 8, 2024
Document
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 36
- Paragraph text
- Free market fundamentalism in the United States of America has led to a systematic rollback of the right to freedom of association for workers in several jurisdictions, particularly in the 26 States that have enacted so-called "right to work" legislation. The laws forbid unions from negotiating contracts that require all workers represented by a union to pay dues. Proponents of the laws frame their purpose in free market terms, saying that employees should "decide for themselves whether or not to join or financially support a union". But at the same time, United States law requires unions to represent all employees in a bargaining unit. Thus, the effect of the "right to work" laws is to give non-dues-paying workers a free ride: they reap the benefits that the union has negotiated without having to pay the costs. This can weaken unions over the long run, and the Special Rapporteur views these laws as legislative obstacles intentionally designed to discourage people from exercising their right to freedom of association in the workplace.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Year
- 2016
- Date modified
- Sep 21, 2020
Paragraph
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 64
- Paragraph text
- Religious fundamentalism by non-State actors - and the State's active or tacit encouragement of this - frequently results in violations of the rights to freedom of peaceful assembly and of association. Some prominent Buddhist monks in Myanmar, a Buddhist-majority country, have stirred vicious anger and violence against the Rohingya people, a Muslim minority group that is not recognized by the Government as a distinct ethnic group. The Government has reportedly done little in response, leading to repeated outbreaks of violence targeting Rohingya. Moreover, following riots between Rohingya and Buddhists in Rakhine State, the Government imposed Emergency Act 144 in June 2012, which prevented groups of five or more people from gathering in public areas. The ban was reportedly only enforced against Rohingya. The Special Rapporteur welcomes reports that the state of emergency was lifted in March 2016, but stresses that such blanket bans, especially when enforced against a specific group only, violate the right to freedom of peaceful assembly.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Year
- 2016
- Date modified
- Sep 21, 2020
Paragraph
Ability of associations to access financial resources as a vital part of the right to freedom of association & Ability to hold peaceful assemblies as an integral component of the right to freedom of peaceful assembly 2013, para. 54
- Paragraph text
- By contrast, as in the view of the OSCE/ODIHR Panel of Experts, a notification should be considered as unduly bureaucratic if any of the following requirements is imposed on the organizers: that there be more than one named organizer; that only registered organizations are considered as legitimate organizers; that formal identity documents, such as passports or identity cards, be produced; that identification details of others involved in the event, such as stewards be provided; that reasons for holding an assembly, bearing in mind the principle of non-discrimination, be given; and that the exact number of participants, which is difficult to predict, be given. In this connection, the authorities should not punish organizers if the number of participants does not match the anticipated number, as stipulated by domestic legislation (as has occurred in the Russian Federation).
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Year
- 2013
- Date modified
- Sep 21, 2020
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the context of elections 2013, para. 24
- Paragraph text
- In this regard, the Special Rapporteur recalls that the right to freedom of peaceful assembly does not require the issuance of a permit to hold an assembly. If necessary, a mere prior notification, intended for large assemblies or for assemblies at which some degree of disruption is anticipated, may be required. Spontaneous peaceful assemblies, which usually occur in reaction to a specific event - such as the announcement of results - and which by definition cannot be subject to prior notification, should be more tolerated in the context of elections. In addition, the Special Rapporteur considers laws establishing authorization procedures to be even more problematic in the context of elections, as authorization may be arbitrarily denied, especially when demonstrators intend to criticize Government policies. In the Sudan, a peaceful demonstration organized by an independent gubernatorial candidate for the April 2010 elections was curbed by police forces invoking the failure of the organizers to seek permission. Several protestors were arrested and/or injured by security forces.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Humanitarian
- Year
- 2013
- Date modified
- Sep 21, 2020
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 96
- Paragraph text
- States have obligations under international human rights law to ensure that everyone within their jurisdiction is able to exercise his or her rights. Those obligations include refraining from violating workers' rights, taking positive measures to fulfil the rights and protecting against violations by third parties.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Year
- 2016
- Date modified
- Sep 21, 2020
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 100iii
- Paragraph text
- [The Special Rapporteur recommends that civil society, including trade unions:] Trade unions specifically target outreach and advocacy at historically disenfranchised worker populations, including the full incorporation of domestic, migrant and informal workers into trade unions and bargain collective agreements;
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Person(s) affected
- Persons on the move
- Year
- 2016
- Date modified
- Sep 21, 2020
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 75
- Paragraph text
- Other States generally fail to protect workers against employer violations or to enforce their own laws. In fact, many do not stop at benign neglect, but support or collude with employers to infringe upon workers' rights to peaceful assembly and to association. In the United States, Tennessee State officials reportedly offered nearly $300 million in incentives to Volkswagen for adding a production line to a factory, but the offer was contingent on the plant remaining non-unionized (A/HRC/32/36, para. 38). In the State of Georgia in the United States, police called in by the company prevented union organizers from distributing leaflets outside the company's gates, and issued a citation that carried the comment: "picketing drivers to become union". The State government of Mississippi touts the lack of unionization as a great benefit when courting potential employers. The dangers of that are exemplified by the situation at the Nissan plant in Canton, where the company has aggressively worked to prevent unions from organizing. During his official visit to the United States in July 2016, the Special Rapporteur was informed that Nissan operates 44 major plants throughout the world; all of them are unionized, except for two of them in the south of the United States.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Year
- 2016
- Date modified
- Sep 21, 2020
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 92
- Paragraph text
- Nevertheless, the Special Rapporteur notes the positive impact that the Accord on Fire and Building Safety in Bangladesh has had on improving garment workers' ability to exercise their assembly and association rights. Global brands, retailers and unions are signatories to the legally binding agreement, established in May 2013, giving garment workers a voice in improving their workplaces.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Year
- 2016
- Date modified
- Sep 21, 2020
Paragraph
Comparative study of enabling environments for associations and businesses 2015, para. 59
- Paragraph text
- States impose a variety of other control and oversight mechanisms which disproportionately target associations. Surveillance of civil society has been a significant issue in recent years, with examples including police infiltration (United Kingdom of Great Britain and Northern Ireland), heightened scrutiny of activists (Canada) and surveillance of NGOs and social movements (Brazil).
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Year
- 2015
- Date modified
- Sep 21, 2020
Paragraph
Comparative study of enabling environments for associations and businesses 2015, para. 75
- Paragraph text
- On the other end of the spectrum, Jamaica and Nicaragua both have relatively open rules on access to resources, which appear to apply evenly to businesses and associations. The Special Rapporteur believes this is the standard that States should aim for, as he sees no legal basis to distinguish sharply between the two sectors in this regard.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Year
- 2015
- Date modified
- Sep 21, 2020
Paragraph
Comparative study of enabling environments for associations and businesses 2015, para. 35
- Paragraph text
- Honduran law, for example, provides that the authorities may order the dissolution of an association when it fails to present an annual report within two years or when an agent of the organization commits a crime. No similar provisions exist for business entities.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Year
- 2015
- Date modified
- Sep 21, 2020
Paragraph
Comparative study of enabling environments for associations and businesses 2015, para. 48
- Paragraph text
- Senegal, for example, has no formal legislation regulating political contributions, but expressly prohibits associations - and not businesses - from engaging in any "political activity", unless they are a political party. Ethiopia prohibits "welfare organizations" and NGOs from donating to political parties, but domestic companies are free to donate up to set limits.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Year
- 2015
- Date modified
- Sep 21, 2020
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the context of multilateral institutions 2014, para. 90e
- Paragraph text
- [Moreover, the Special Rapporteur calls upon States members of multilateral institutions to:] Refrain from throwing away/destroying leaflets and other documents produced by civil society actors and made available in multilateral arenas;
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Year
- 2014
- Date modified
- Sep 21, 2020
Paragraph
Ability of associations to access financial resources as a vital part of the right to freedom of association & Ability to hold peaceful assemblies as an integral component of the right to freedom of peaceful assembly 2013, para. 51
- Paragraph text
- The aforementioned presumption further means that, in a free and democratic society, no authorization should be required to assemble peacefully. In this regard, the Special Rapporteur stresses again that the exercise of the right to freedom of peaceful assembly, should be "governed at most by a regime of prior notification whose rationale is to allow State authorities to facilitate this exercise and to take measures to protect public safety and order and the rights and freedoms of others" (A/HRC/20/27, para. 28). The notable exception to this principle is that of spontaneous peaceful assemblies where organizers are unable to comply with the requisite notification requirements or where there is no existing or identifiable organizer. Fundamentally, the Special Rapporteur reiterates that "should the organizers fail to notify the authorities, the assembly should not be dissolved automatically and the organizers should not be subject to criminal sanctions, or administrative sanctions resulting in fines or imprisonment" (para. 29).
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Year
- 2013
- Date modified
- Sep 21, 2020
Paragraph
Best practices that promote and protect the rights to freedom of peaceful assembly and of association 2012, para. 37
- Paragraph text
- The Special Rapporteur is opposed to the practice of "kettling" (or containment) whereby demonstrators are surrounded by law enforcement officials and not allowed to leave. He notes with satisfaction the statement of the Toronto police (Canada) which decided to abandon the practice following controversy arising from the policing of the G-20 Summit in Toronto in 2010.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Year
- 2012
- Date modified
- Sep 21, 2020
Paragraph
Best practices that promote and protect the rights to freedom of peaceful assembly and of association 2012, para. 34
- Paragraph text
- The Special Rapporteur expresses his utmost concern in relation to peaceful assemblies that were either not allowed or violently dispersed in a number of countries, such as in Bahrain, Belarus, China, Egypt, the Islamic Republic of Iran, Malawi, Malaysia, Sri Lanka and the Syrian Arab Republic.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Humanitarian
- Year
- 2012
- Date modified
- Sep 21, 2020
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the context of multilateral institutions 2014, para. 83
- Paragraph text
- The Special Rapporteur has also been informed of disconcerting practices by some State officials during sessions of the Human Rights Council and International Criminal Court's Assembly of States Parties to throw away civil society's leaflets made available on tables.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Year
- 2014
- Date modified
- Sep 21, 2020
Paragraph
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 65
- Paragraph text
- The Special Rapporteur emphasizes that States have a responsibility to protect the peaceful assembly and association rights of all people, even if they hold unpopular views or practise a minority faith. This responsibility includes the duty to protect individuals and groups from attacks by non-State actors, and to ensure accountability when such attacks occur.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Year
- 2016
- Date modified
- Sep 21, 2020
Paragraph
Comparative study of enabling environments for associations and businesses 2015, para. 86
- Paragraph text
- Businesses' relationship with the government in many States can be described as "cosy" and is often characterized by privileged access and treatment. It is not uncommon for politicians to be former businesspeople and vice versa or to have close, even family, ties to the business sector. Even those without extensive personal experience in commerce undoubtedly rely to some extent on the support of the business community.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Year
- 2015
- Date modified
- Sep 21, 2020
Paragraph
Best practices that promote and protect the rights to freedom of peaceful assembly and of association 2012, para. 23
- Paragraph text
- The context of elections may also heavily impact on the rights to freedom of peaceful assembly and of association. This is particularly the case when assemblies are systematically prohibited or when individuals active in associations promoting transparent and fair electoral processes and defending democratic principles are subject to harassment and intimidation for their civic activism.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Year
- 2012
- Date modified
- Sep 21, 2020
Paragraph
Best practices that promote and protect the rights to freedom of peaceful assembly and of association 2012, para. 24
- Paragraph text
- An "assembly" is an intentional and temporary gathering in a private or public space for a specific purpose. It therefore includes demonstrations, inside meetings, strikes, processions, rallies or even sits-in. Assemblies play a vibrant role in mobilizing the population and formulating grievances and aspirations, facilitating the celebration of events and, importantly, influencing States' public policy.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Year
- 2012
- Date modified
- Sep 21, 2020
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the context of elections 2013, para. 64
- Paragraph text
- The Special Rapporteur calls upon the diplomatic community and other relevant stakeholders to publicly denounce violations and abuses committed against those exercising or seeking to exercise their rights to freedom of peaceful assembly and of association in the context of elections, and to provide support to these victims.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Year
- 2013
- Date modified
- Sep 21, 2020
Paragraph
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 59
- Paragraph text
- The list of countries with similar discrimination against minority religions and atheists is too long to recount here. According to a 2015 civil society report, atheism is effectively illegal in 19 countries, and is punishable by death in 13 of those. "Blasphemy" and similar criticisms against religion are a criminal offence in 55 countries. The Special Rapporteur has grave concerns about the implications of such laws on the rights to freedom of peaceful assembly and of association.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Year
- 2016
- Date modified
- Sep 21, 2020
Paragraph
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 85
- Paragraph text
- Denying people space for peaceful, legal and constructive engagement does not make their feelings of anger, despair and dissatisfaction go away. To the contrary, it simply pushes these feelings underground, where they can fester and turn violent. Extremism thrives in such environments, because it is the only option left.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Year
- 2016
- Date modified
- Sep 21, 2020
Paragraph
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 75
- Paragraph text
- In relation to Indonesia, the Special Rapporteur has received reports that the authorities' enforcement of the nationalist "unitary State" ideology extends to the repression of demonstrations by ethnic West Papuans. He stresses that the State has the responsibility to protect and facilitate protests that advocate political and cultural views that differ from, and even oppose, those espoused by the Government.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Year
- 2016
- Date modified
- Sep 21, 2020
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 22
- Paragraph text
- Millions of informal workers labour in global supply chains, where some of the worst abuses of freedoms of association and peaceful assembly are found and where migrant workers are often concentrated. States often weaken labour rights in order to attract investment, establishing special export processing zones where freedoms of peaceful assembly and of association are either sharply curtailed or explicitly prohibited. States may also use investor agreements as excuses to weaken labour standards.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Person(s) affected
- Persons on the move
- Year
- 2016
- Date modified
- Sep 21, 2020
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 87
- Paragraph text
- For example, despite well-documented, systematic and decades-long violations of freedom of association in Colombia, the United States signed a free trade agreement with the country in 2012. Four years later, unions, frustrated by lax enforcement and lack of political will, filed a trade complaint charging widespread and ongoing violations of freedom of association in the petroleum and sugar cane sectors. Canadian unions have filed a similar complaint under their country's bilateral trade agreement with Colombia.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Year
- 2016
- Date modified
- Sep 21, 2020
Paragraph
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 35
- Paragraph text
- Similarly, the Australian State of Tasmania has enacted the Workplaces (Protection from Protestors) Act 2014, which makes it a criminal offence to participate in a protest that may obstruct or prevent a business activity or access to business premises (see also A/HRC/28/85, case AUS 3/2014). At the time of writing, the State of Western Australia was considering similar legislation. The Special Rapporteur has urged the State Parliament to vote against the law.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Year
- 2016
- Date modified
- Sep 21, 2020
Paragraph
The rights to freedom of peaceful assembly and of association in the context of natural resource exploitation projects 2015, para. 33
- Paragraph text
- The Special Rapporteur is concerned that, of the numerous cases of violations of the rights to freedom of peaceful assembly and of association reported, comparatively few have been fully investigated, with the perpetrators brought to account. By contrast, the number of arrests and prosecutions for alleged offences committed in the course of the legitimate exercise of the rights to freedom of peaceful assembly and of association continues to rise.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Year
- 2015
- Date modified
- Sep 21, 2020
Paragraph
The rights to freedom of peaceful assembly and of association in the context of natural resource exploitation projects 2015, para. 15
- Paragraph text
- States also have an obligation to prevent conflict before it starts, including by creating a legal environment that promotes transparency and fairness. The area of land rights, for example, is often key. The absence of legal frameworks that clearly spell out land rights creates opportunities for arbitrary expropriation or land grabbing, which in turn can lead to conflict. Opaque procedures for granting exploitation licences and concessions aggravate the situation and often fuel social protests.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Year
- 2015
- Date modified
- Sep 21, 2020
Paragraph
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. 20
- Paragraph text
- [International human rights instruments that protect the rights of particular groups specifically recognize directly or indirectly the rights to freedom of peaceful assembly and of association for those groups:] The Convention on the Rights of the Child requires States parties recognizes the rights of the child to freedom of association and to freedom of peaceful assembly (art. 15).
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Year
- 2014
- Date modified
- Sep 21, 2020
Paragraph
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. 26
- Paragraph text
- The Special Rapporteur also notes that the failure to provide any outlet for politically excluded groups to air their grievances can be counterproductive and carry severe consequences. Further, such restrictions can foster or magnify a culture of silence among the excluded group, putting them at higher risk of violations and abuses that may go unreported, uninvestigated and unpunished.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Year
- 2014
- Date modified
- Sep 21, 2020
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the context of multilateral institutions 2014, para. 54
- Paragraph text
- The United Nations Resident Coordinator Office in Kenya (UN-Kenya), for example, recently joined the Kenya Private Sector Alliance in a joint statement discouraging opposition-led rallies planned for 7 July 2014. This example also raises the issue of "sectoral equity", with UN-Kenya supporting the business community's call for "stability" at the expense of ordinary peoples' fundamental rights.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Year
- 2014
- Date modified
- Sep 21, 2020
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the context of multilateral institutions 2014, para. 66
- Paragraph text
- Other forms of reprisals include threats from State officials for delivering statements at the Council (e.g., Bahrain, Bangladesh, China, India, Malawi, Sri Lanka, and Yemen); acts of torture and ill-treatment (e.g., Israel and United Arab Emirates); arbitrary arrest and detention (e.g., China and Viet Nam); acts of surveillance (e.g., Bangladesh and United Arab Emirates); and confiscation of passport/travel bans (e.g., China, Israel, Saudi Arabia, United Arab Emirates, Viet Nam).
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Year
- 2014
- Date modified
- Sep 21, 2020
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 32
- Paragraph text
- In his first report to the Human Rights Council (A/HRC/20/27), highlighting best practices in promoting the rights to freedom of peaceful assembly and of association, he clarified that the right to freedom of peaceful assembly covered not only the right to hold and to participate in peaceful assemblies, but also the right to be protected from undue interference, and that it further protected those monitoring peaceful assemblies. As to the right to freedom of association, that ranged from the creation to the termination of an association and included the right to form and join an association, to operate freely and to be protected from undue interference, to access funding and resources and to take part in the conduct of public affairs. He further highlighted best practices worldwide that promoted and protected the rights to freedom of peaceful assembly and of association, covering issues such as the definition of “peaceful assembly” and “association”, the presumption in favour of allowing peaceful assemblies, the concept of notification versus authorization of peaceful assemblies, the right to be protected from undue interference during assemblies, building the human rights capacity of law enforcement, the rights of monitors and journalists in the context of peaceful assemblies, the right to form and join an association, including unregistered associations, the right to operate an association freely and be protected from undue interference, the right for associations to access funding and resources, the right to take part in public affairs, the termination, suspension and dissolution of associations and the right to an adequate remedy.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Year
- 2017
- Date modified
- Sep 21, 2020
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the context of multilateral institutions 2014, para. 64
- Paragraph text
- States have repeatedly targeted individuals because of their advocacy work in multilateral arenas. Such acts of reprisals are of utmost concern to the Special Rapporteur.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Year
- 2014
- Date modified
- Sep 21, 2020
Paragraph
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. 73a
- Paragraph text
- [In that regard, the Special Rapporteur calls upon States to:] Ratify all relevant international human rights instruments that protect the rights of individuals belonging to groups most at risk;
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Year
- 2014
- Date modified
- Sep 21, 2020
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the context of multilateral institutions 2014, para. 36
- Paragraph text
- The Special Rapporteur views FATF and other similar regulations as posing a serious, disproportionate and unfair threat to those who have no connection with terrorism, including civil society organizations.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Year
- 2014
- Date modified
- Sep 21, 2020
Paragraph
Ability of associations to access financial resources as a vital part of the right to freedom of association & Ability to hold peaceful assemblies as an integral component of the right to freedom of peaceful assembly 2013, para. 45
- Paragraph text
- As repeatedly stressed by the Human Rights Council, "peaceful protests should not be viewed as a threat, and therefore encourage[s] all States to engage in an open, inclusive and meaningful dialogue when dealing with peaceful protests and their causes".
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Year
- 2013
- Date modified
- Sep 21, 2020
Paragraph
Ability of associations to access financial resources as a vital part of the right to freedom of association & Ability to hold peaceful assemblies as an integral component of the right to freedom of peaceful assembly 2013, para. 83f
- Paragraph text
- [In relation to freedom of peaceful assembly, the Special Rapporteur calls upon States:] To guarantee that assembly organizers are never held responsible and liable for the unlawful behaviour of others.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Year
- 2013
- Date modified
- Sep 21, 2020
Paragraph
Best practices that promote and protect the rights to freedom of peaceful assembly and of association 2012, para. 66
- Paragraph text
- The Special Rapporteur notes with satisfaction that in Slovenia the Ministry of Interior is reportedly regularly supervising the work of its administrative units and checking the legality of how the registration procedures are conducted. During the supervision, officers in charge of the procedures are offered expert help and interpretation of the law.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Year
- 2012
- Date modified
- Sep 21, 2020
Paragraph
Best practices that promote and protect the rights to freedom of peaceful assembly and of association 2012, para. 72
- Paragraph text
- The Special Rapporteur indicates the necessity for States not resort to tax pressure to discourage associations from receiving funds, notably from abroad. On a positive note, several States provide tax and other exemptions and privileges for associations (e.g. Bulgaria and Lithuania).
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Year
- 2012
- Date modified
- Sep 21, 2020
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the context of multilateral institutions 2014, para. 76
- Paragraph text
- NGOs working on sexual orientation and gender identity issues in particular have faced difficulties in obtaining consultative status. Since 2011, only four such organizations have been recommended by the Committee. Nine other organizations were accredited because the Economic and Social Council quashed negative recommendations by the Committee.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Year
- 2014
- Date modified
- Sep 21, 2020
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the context of multilateral institutions 2014, para. 56
- Paragraph text
- Moreover, multilateral institutions should also note the complex effects of the projects they sponsor. In addition to involving all relevant parties in the initial phases, they should closely monitor local policing to ensure compliance with international law and best practice, as too often local protests against projects funds by multilateral institutions are violently repressed.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Year
- 2014
- Date modified
- Sep 21, 2020
Paragraph
Best practices that promote and protect the rights to freedom of peaceful assembly and of association 2012, para. 79
- Paragraph text
- In this connection, the Special Rapporteur stresses the importance of police officers wearing visible identification numbers on their uniforms. As noted by the Hungarian Office of the Commissioner for Fundamental Rights, during a protest that was violently repressed in the country, many police officers could not be identified because they did not wear such identification numbers.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Year
- 2012
- Date modified
- Sep 21, 2020
Paragraph
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. 78
- Paragraph text
- The Special Rapporteur calls upon the diplomatic community and other relevant stakeholders to publicly denounce violations and abuses committed against those individuals belonging to groups most at risk exercising or seeking to exercise their rights to freedom of peaceful assembly and of association, and to provide support to those victims.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Year
- 2014
- Date modified
- Sep 21, 2020
Paragraph
Ability of associations to access financial resources as a vital part of the right to freedom of association & Ability to hold peaceful assemblies as an integral component of the right to freedom of peaceful assembly 2013, para. 40
- Paragraph text
- The Special Rapporteur highlights that coordination of aid is not listed as a legitimate ground for restrictions under the International Covenant on Civil and Political Rights. Furthermore, he underlines that barriers in the name of aid effectiveness have little in common with "the interests of national security or public safety, public order (ordre public), the protection of public health or morals or the protection of the rights and freedoms of others".
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Year
- 2013
- Date modified
- Sep 21, 2020
Paragraph
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 78
- Paragraph text
- In Mauritania, the Haratine community is considered the "slave caste" and a large proportion are victims of slavery and slavery-like practices (see A/HRC/31/56, para. 39). Anti-slavery activists and organizations reportedly face repression for their activities from the Government, including harassment, intimidation and arbitrary arrests. Members of the Initiative for the Resurgence of the Abolitionist Movement and of the non-governmental organization (NGO) Éducation et Travail pour le Progrès des Droits de l'Homme (KAWTAL) were arrested in November 2014 while participating in a campaign against slavery that included rallies, public meetings and lectures. Several activists were imprisoned in 2015 following conviction on charges that included taking part in an unauthorized assembly, rebellion and resisting arrest (see A/HRC/29/25/Add.3, p. 97).
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Person(s) affected
- Activists
- Year
- 2016
- Date modified
- Sep 21, 2020
Paragraph
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 69
- Paragraph text
- Cultural and nationalist fundamentalisms are sometimes distinguished from racism and xenophobia conceptually (because the characteristic in focus is culture or nationality rather than race or skin colour) and rhetorically (to avoid violating international human rights law). The elevation of a particular (national) culture as superior may not in of itself constitute discrimination in the same way that differentiation on the basis of race does. Nevertheless, the Special Rapporteur stresses the dangers that cultural and nationalist fundamentalisms pose to the enjoyment of the rights to freedom of peaceful assembly and of association.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Year
- 2016
- Date modified
- Sep 21, 2020
Paragraph
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 40
- Paragraph text
- The Special Rapporteur is dismayed at the lack of genuine civil society participation surrounding trade agreements and economic issues in general. He and others have noted previously that the right to freedom of association should be viewed as "an essential adjunct" to the related fundamental right to participate in public affairs. Thus it is not enough for States to simply allow associations to exist; they must seek to actively engage with civil society and to create conditions in which the sector can flourish and play a significant role in public life. The Special Rapporteur views the right to freedom of peaceful assembly as playing a similar role as a vehicle for enjoyment of the right to participate in public affairs.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Economic Rights
- Year
- 2016
- Date modified
- Sep 21, 2020
Paragraph
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 66
- Paragraph text
- Finally, the Special Rapporteur notes that anti-religious fundamentalism can be as harmful to assembly and association rights as religious fundamentalism. In Viet Nam, freedom of religion is nominally protected by the Constitution, but the Special Rapporteur has received reports that the State harasses unofficial groups that do not submit to regulations imposing intrusive government control over their operations (see A/HRC/27/72, case VNM 7/2014). The Special Rapporteur on freedom of religion or belief noted, after his 2014 visit to the country, the "tight control" over official religious communities, and "constant surveillance, intimidation, harassment and persecution" of unrecognized communities (see A/HRC/28/66/Add.2). In the Russian Federation, the authorities closed down the local religious organizations of the Jehovah's Witnesses on the ground that it was an "extremist organization" (see A/HRC/31/79, case RUS 6/2015).
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Year
- 2016
- Date modified
- Sep 21, 2020
Paragraph
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 48
- Paragraph text
- The Special Rapporteur has previously noted that in Oman, an absolute monarchy, the right to freedom to form associations is "virtually non-existent", with the law requiring government consent, cooperation and control in order for a lawful association to be established (see A/HRC/29/25/Add.1, para 37). Political parties are banned, participants in peaceful assemblies and/or unregistered associations (see A/HRC/29/50, cases OMN 5/2014 and OMN 1/2015) are regularly targeted for harassment by the State, and at least one advocate for democratic reforms - Said Jadad - was imprisoned after he met with the Special Rapporteur during the latter's official visit to the country in 2014.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Year
- 2016
- Date modified
- Sep 21, 2020
Paragraph
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 52
- Paragraph text
- The Special Rapporteur emphasizes that the right to freedom of association includes the right to form political parties vying for power and other associations with goals that may be perceived as "political". Likewise, the right to freedom of peaceful assembly includes the right to engage in political demonstrations. Indeed, one of the core purposes of these rights is to preserve people's ability to peacefully express their grievances with political leaders. He abhors the increasingly common trend of conflating the interests of the State with the interests of the ruling political party, and believes that this approach to governance is incompatible with the principles of democracy, international human rights law and the spirit of the United Nations.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Year
- 2016
- Date modified
- Sep 21, 2020
Paragraph
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 50
- Paragraph text
- The Constitution of the People's Republic of China formally establishes a multiparty State, but stipulates that the system must be "led by the Communist Party of China". Dissent against party orthodoxy is nonetheless severely punished, as illustrated starkly by the crackdown on the peaceful pro-democracy protests in February 2011 in several parts of the country - protests inspired by the Tunisian "Jasmine Revolution". Demonstrators had been calling on the authorities to end the one-party regime; many were arrested and charged with "inciting subversion of State power" (see A/HRC/18/51, case CHN 5/2011).
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Year
- 2016
- Date modified
- Sep 21, 2020
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 86
- Paragraph text
- Today's trade and investment agreements regulate broad aspects of international economic and social relations, many of which affect human rights. In recent years, trade agreements negotiated by Canada, the European Union and the United States incorporated labour provisions to address worker rights failings. Although trade agreements have helped encourage some countries, such as Bahrain, Oman and Peru (signatories to bilateral trade agreements with the United States), to undertake legal reforms prior to ratification, they have not addressed changes required to guarantee full freedom of peaceful assembly and association, and provisions have been poorly enforced.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Year
- 2016
- Date modified
- Sep 21, 2020
Paragraph
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 6
- Paragraph text
- Since the turn of the millennium, there has been a perceived rise in expressions of fundamentalism in many contexts across the world. Despite the frequent use of the term, "fundamentalism" remains a word that is rarely defined with any specificity. The origin of the term, and most dictionary definitions, centre on strict adherence to a specific set of religious principles. This definition - conjuring up images of religiously motivated terrorists and sectarian warfare, among others - is perhaps the one that comes to mind first for most people.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Person(s) affected
- N.A.
- Year
- 2016
- Date modified
- Sep 21, 2020
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 90
- Paragraph text
- The Special Rapporteur maintains that private multilateral bodies, such as the International Olympic Committee and the Federation Internationale de Football Association, have a responsibility to respect, if not promote, universally recognized human rights (A/69/365, para. 31). He regrets that those bodies have not taken advantage of their power and influence to press host countries of their events such as Brazil (Summer Olympics 2016) and Qatar (World Cup 2022) to uphold workers' rights, including assembly and association rights.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Year
- 2016
- Date modified
- Sep 21, 2020
Paragraph
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 58
- Paragraph text
- The Constitution of the Islamic Republic of Iran recognizes only four religious categories: Muslims, Zoroastrians, Jews and Christians. Those of other faiths are effectively denied the rights to freedom of peaceful assembly and of association in a religious context. Discrimination against those of the Baha'i faith is particularly significant, and members of the community are regularly prohibited from engaging in peaceful assembly. The Special Rapporteur has received reports of harassment against officially recognized Christian denominations as well (see A/HRC/25/74, case IRN 8/2013).
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Year
- 2016
- Date modified
- Sep 21, 2020
Paragraph
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 37
- Paragraph text
- The free market fundamentalist ideology opposes the very existence of trade unions in general, with one author arguing that they are viewed as "monopolist agents manipulating the price of labour to the advantage of some (a minority) and to the disadvantage of others (the majority, including non-unionized workers and consumers)". The Special Rapporteur views anti-unionism as an inherently troubling aspect of free market fundamentalism, as the right to organize in the workplace is protected by the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights, and through various conventions of the International Labour Organization.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Person(s) affected
- All
- N.A.
- Year
- 2016
- Date modified
- Sep 21, 2020
Paragraph
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 38
- Paragraph text
- The free market fundamentalist approach has, over time, influenced government policy and practice in a way that has harmed workers' association rights. In the United States, for example, State officials in Tennessee reportedly offered nearly $300 million in incentives to Volkswagen if it added a new production line to a factory in Chattanooga, but made the investment contingent on the plant remaining non-unionized. The governor and other State officials made public statements against unionization efforts and workers ultimately voted against organizing. This is contrary to the principle that human rights cannot be renounced. On the international stage, a coalition of employers' associations embarked upon a multi-year campaign within the International Labour Organization - and publicly - aimed at striking down jurisprudence upholding the right to strike.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Year
- 2016
- Date modified
- Sep 21, 2020
Paragraph
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 54
- Paragraph text
- As an initial matter, however, the Special Rapporteur emphasizes that no single religious group has a monopoly on fundamentalism. In 2015, a Christian fundamentalist in Colorado, United States of America, attacked a family planning clinic run by the not-for-profit association Planned Parenthood; three people were killed. In recent years, Hindu fundamentalists in India have been responsible for a wave of violence against Muslims and Christians, some of which was motivated by the fact that the latter eat beef (cows are considered sacred in Hinduism). Meanwhile, in Israel and the State of Palestine, Jewish fundamentalists have carried out repeated attacks against Muslims, frequently targeting mosques.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Person(s) affected
- Activists
- Year
- 2016
- Date modified
- Sep 21, 2020
Paragraph
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 57
- Paragraph text
- Saudi Arabia places severe restrictions on the practice of religions other than the Wahhabi variant of Sunni Islam. According to one civil society report, "public non-Muslim places of worship are not allowed, and the right of non-Muslims to practise their religion in private is not fully protected". Blasphemy (deviation from the State's form of Islam) and apostasy (renunciation of Islam) are criminalized, with the latter carrying the death penalty; these crimes and others have been used against activists who criticize State policy (see A/HRC/32/53, case SAU 11/2015). It is also considered a criminal act of terrorism for an individual or association to call for atheist thought in any form, or to call into question the fundamentals of the Islamic religion". It is worth noting in this context that a 2012 Gallup poll found that 5 per cent of the population of Saudi Arabia identifies as atheist, while another 19 per cent identifies as "not religious".
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Year
- 2016
- Date modified
- Sep 21, 2020
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 91
- Paragraph text
- Corporate social responsibility and social auditing comprise a multimillion-dollar industry created by global businesses to monitor compliance with industry human rights standards across supply chains and at the enterprise level. Although those mechanisms have resulted in some anecdotal successes and benefited companies' public relations images, they have had little measurable impact on promoting assembly and association rights. Problems include their voluntary, non binding nature; lack of consultation with workers and communities; audit results having little impact on business decision-making; and limited, pre-scheduled factory audits that frequently ignore freedom of association. In Pakistan, for example, the Ali Enterprises garment factory was ravaged by fire, killing nearly 300 workers only days after it had been audited and certified in 2012.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Year
- 2016
- Date modified
- Sep 21, 2020
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 79
- Paragraph text
- Attempts to erode the right to strike take place both at the multilateral and national levels. In 2012, the ILO Employers' Group began arguing that the right to strike, protected by Convention 87, did not exist at all. Subsequent court decisions have dismissed employers' claims. The Special Rapporteur notes the positive role played by the Government Group in upholding workers' right to strike by recognizing that "without protecting a right to strike, freedom of association, in particular the right to organize activities for the purpose of promoting and protecting workers' interests, cannot be fully realized."
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Year
- 2016
- Date modified
- Sep 21, 2020
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 62
- Paragraph text
- Some States have used more general laws to restrict workers' assembly and association rights. In India, for example, the government of Karnataka used section 144 of the Criminal Procedure Code, which prohibits assemblies of more than 10 people, to stop protests by garment workers in Bengaluru in April 2016. The Constitution of Zimbabwe protects assembly and association rights, but they are compromised by other criminal laws that punish acts and opinions detrimental to public order with up to five years in prison. The laws have been used to repress trade union and civil society freedom of association rights. Similarly, in Swaziland, labour federation criticism of the Government resulted in the federation's deregistration.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Year
- 2016
- Date modified
- Sep 21, 2020
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 23
- Paragraph text
- Global supply chains are putting downward pressure on wages and working conditions, and distancing workers from their rights to freedom of association because workers fill permanent jobs but are denied permanent employee rights. These arrangements - found in both formal and informal work, including part-time, short-term or temporary contracts, on-call schedules, multilayered subcontracts or franchises, and bogus self-employment schemes - are designed to drive down costs. As a result of the widespread use of this practice, 1.5 billion people - 46 per cent of the world's total number of workers - are working in so called "precarious employment". In both Southern Asia and sub-Saharan Africa, more than 70 per cent of workers are employed that way.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Person(s) affected
- All
- Year
- 2016
- Date modified
- Sep 21, 2020
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 59
- Paragraph text
- Some States have outright bans on all legitimate unions, including Saudi Arabia and the United Arab Emirates. Other States, such as Qatar, impose impermissibly broad restrictions, such as prohibiting public-sector employees from joining trade unions or participating in collective bargaining or strikes. Some laws restrict bargaining subjects, including wages, which hampers assembly and association rights, as workers are more reluctant to risk organizing when potential gains are so few. States, such as China, that own or operate enterprises and do not permit the formation of independent unions violate association and assembly rights both as a government and employer (see E/C.12/CHN/CO/2, para. 23).
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Year
- 2016
- Date modified
- Sep 21, 2020
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 69
- Paragraph text
- In many countries where rights to freedom of peaceful assembly and of association are constitutionalized, such as Bahrain, strikes are intentionally impeded. Some 92 countries exclude specific categories of workers from striking. The law in India allows the Government to ban strikes in Government-owned enterprises. In Kazakhstan, workers in entities that provide "vital activities" (public transport, utilities and communications) may strike only if the "necessary range of services is provided based on a prior agreement with the local executive authorities".
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Year
- 2016
- Date modified
- Sep 21, 2020
Paragraph
The rights to freedom of peaceful assembly and of association in the context of natural resource exploitation projects 2015, para. 41
- Paragraph text
- The Special Rapporteur reiterates that the guarantees provided by international human rights standards relate only to assemblies that are peaceful (see A/HRC/20/27, para. 25). When violent incidents occur within otherwise peaceful assemblies, authorities have a duty to distinguish between peaceful and non-peaceful demonstrators, take measures to de-escalate tensions and hold the violent individuals - not the organizers - to account for their actions. The potential for violence is not an excuse to interfere with or disperse otherwise peaceful assemblies. This principle is all the more important because violence in the course of peaceful protests may be instigated to justify the dispersal of a protest.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Humanitarian
- Year
- 2015
- Date modified
- Sep 21, 2020
Paragraph
The rights to freedom of peaceful assembly and of association in the context of natural resource exploitation projects 2015, para. 42
- Paragraph text
- In countries experiencing social conflict over natural resource exploitation, individuals who exercise their right to freedom of peaceful assembly are frequently framed as "inciting" communities to resist and disrupt "development projects". Peaceful assembly and association rights are not seen as a legitimate vehicle to express concerns, but as deliberate attempts to undermine the State's efforts to promote economic growth and development. Those who oppose natural resource exploitation activities are labelled as "anti-development" or "enemies of the State". Attacks are also used as an intimidation tactic to force communities to accept exploitation projects.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Environment
- Year
- 2015
- Date modified
- Sep 21, 2020
Paragraph
Comparative study of enabling environments for associations and businesses 2015, para. 102
- Paragraph text
- The Organization for Security and Cooperation in Europe-Venice Commission Guidelines on Freedom of Peaceful Assembly affirm that "assemblies are as legitimate uses of public space as commercial activity or the movement of vehicular and pedestrian traffic". This principle should be taken into account in weighing restrictions on assemblies. Yet, in the Special Rapporteur's experience, the authorities are more likely to restrict protests and demonstrations (expressive gatherings more often organized by associations) for reasons of the disruption of traffic and commercial activity and the protection of property, than commercial events that cause similar disruption. Concerns have been raised about the implementation of a crowd-control policy in the city of Oakland, United States, where law enforcement officials reportedly restrict night-time protests, purportedly to prevent violence and protect property from vandalism. By contrast, a parade to celebrate a sports team victory received considerably more accommodation from the Oakland authorities.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Year
- 2015
- Date modified
- Sep 21, 2020
Paragraph
Comparative study of enabling environments for associations and businesses 2015, para. 87
- Paragraph text
- Indeed, governments commonly view business as a natural ally of power: its activity stimulates the economy and creates jobs, which enables governments to advance their agendas and helps stabilize political situations. This relationship is, in turn, used to justify certain benefits provided to the business sector, such as tax incentives (though, notably, civil society's significant role in and contribution to economic growth and job creation is often overlooked). Business values are also by definition firmly centred on profit-making, potentially making the sector more politically malleable. Business leaders in some States may see their position as being dependent on power, which makes them cautious about questioning the established order. Businesses also have more resources than associations to lobby governments.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Person(s) affected
- N.A.
- Year
- 2015
- Date modified
- Sep 21, 2020
Paragraph
Comparative study of enabling environments for associations and businesses 2015, para. 101
- Paragraph text
- Similarly, the authorities may interfere with meetings or events convened by civil society organizations, including internal meetings held at private venues. In Rwanda, for example, the authorities reportedly prevented the Rwandan League for the Promotion and Defence of Human Rights from holding a general assembly. There is no evidence that private business entities, for example when holding shareholders' meetings, face similar restrictions, in Rwanda or elsewhere. Similarly, in Cambodia, attendees at the 2012 ASEAN Peoples' Forum in Phnom Penh reported being turned away from hotels en masse after State security agents pressured the owners; however, no similar problems were reported for the country's International Investment Conference in 2014, which the Prime Minister himself formally opened.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Year
- 2015
- Date modified
- Sep 21, 2020
Paragraph
Comparative study of enabling environments for associations and businesses 2015, para. 103
- Paragraph text
- Similarly many States afford more protection to corporations engaged in natural resource exploitation than to groups peacefully protesting their activities. The shooting to death of over 30 miners in South Africa by police during a workers' strike is an egregious example of such preferential treatment. Individuals and communities opposed to natural resource exploitation activities are labelled as "anti-development" and "enemies of the State" and portrayed as undermining States' efforts to promote economic growth and development. Their activities are criminalized and their claims disregarded, while corporations continue exploitation activities.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Environment
- Year
- 2015
- Date modified
- Sep 21, 2020
Paragraph
Comparative study of enabling environments for associations and businesses 2015, para. 72
- Paragraph text
- Egypt has also severely limited associations' ability to accept foreign funding, banning its receipt without government permission. The failure to secure prior approval may lead to dissolution and criminal penalties, including imprisonment. In 2012 alone, the Government brought charges against more than 40 Egyptian and foreign NGO employees for the use of foreign funds in NGOs without prior approval. By contrast, Egypt recently instituted a wave of reforms aimed at increasing commercial foreign investment, for example by signing bilateral conventions with more than one hundred countries to provide protection and privileges for foreign investors.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Year
- 2015
- Date modified
- Sep 21, 2020
Paragraph
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. 67
- Paragraph text
- Some groups are denied registration or the renewal of their existing registration, in contravention of laws that outline the procedures to be followed in registering associations. This is allegedly the case in Viet Nam, where a majority of Hmong Christian house churches have been denied registration and are therefore unable to operate. The authorities do not consider them to be a "true" religion and instead characterize them as carrying out anti-Government activities. The Special Rapporteur aligns himself with the sentiments of the Special Rapporteur on freedom of religion or belief "that freedom of religion or belief is not limited to members of registered religious communities and that registration may only be appropriate for the acquisition of a legal personality and related benefits" (A/64/159, para. 13). He emphasizes that it is the duty of the State to ensure that everyone can peacefully express their views without fear.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Year
- 2014
- Date modified
- Sep 21, 2020
Paragraph
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. 41
- Paragraph text
- Finally, some groups face a greater risk of discrimination and retribution when exercising their assembly rights due to practices which are not explicitly contained in the law (and which may, in fact, deviate from the law). In Indonesia for example, religious minority groups such as Ahmadis (the Ahmadiyah), Baha'is, Christians and Shias face physical attacks from militant Islamic groups with little intervention from the Government. Despite a Supreme Court ruling upholding the right of the Taman Yasmin Indonesian Christian Church congregation to put up their church building, in Bogor, West Java, local authorities sealed the building in 2010 and, since then, have prevented church members from gaining access to their church.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Year
- 2014
- Date modified
- Sep 21, 2020
Paragraph
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. 20
- Paragraph text
- [International human rights instruments that protect the rights of particular groups specifically recognize directly or indirectly the rights to freedom of peaceful assembly and of association for those groups:] In relation to non-nationals, the Committee on the Elimination of Racial Discrimination recognizes that States may require non-citizens to have work permits in order to be eligible for job offers. However, all individuals are entitled to the enjoyment of labour and employment rights, including the freedom of assembly and association, once an employment relationship has been initiated until it is terminated.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Economic Rights
- Equality & Inclusion
- Year
- 2014
- Date modified
- Sep 21, 2020
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the context of multilateral institutions 2014, para. 61
- Paragraph text
- In October 2013, the Government of Lithuania, in collaboration with the Civil Society Section of the OHCHR, organized a one-day seminar, held in Vilnius, with a view to informing local NGOs on ways to engage with the United Nations human rights mechanisms and contribute to the strengthening of interaction between the United Nations system and civil society. It included in the response from Lithuania to the questionnaire sent by the Special Rapporteur, a presentation on how to file an application for Economic and Social Council status before the NGO Committee. Ireland has provided specific support to civil society organizations to engage at the multilateral level, including through partnerships with a number of NGOs which build the capacity of local civil society actors to interact with multilateral institutions.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Year
- 2014
- Date modified
- Sep 21, 2020
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the context of multilateral institutions 2014, para. 31
- Paragraph text
- Private multilateral bodies, such as the International Olympic Committee and the Fédération Internationale de Football Association (FIFA) - which both wield enormous economic power to pressure countries hosting their lucrative events - are not exempt from the responsibility to respect, if not promote, universally recognized human rights. In spite of this, in its Charter the International Olympic Committee altogether bans demonstrations at their events and FIFA's secretary-general openly stated with apparent impunity that "less democracy" or even oppressive military Governments is "better for organizing a World Cup". The Special Rapporteur is of the opinion that the requirements for transparency and accountability of multilateral institutions, whether private or public, expand as power and influence increase. In addition, he considers that the failure to encourage and facilitate peaceful assembly represents a lost opportunity for engagement.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Year
- 2014
- Date modified
- Sep 21, 2020
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the context of multilateral institutions 2014, para. 46
- Paragraph text
- A human rights activist from Malaysia noted that in his country he felt that there are no "good" or "bad" experiences in dealing with multilateral institutions; there are simply "no experiences". The lack of a local presence means that power and access remains concentrated at headquarters - many located in North America and Western Europe, two of the world's regions for which it is most difficult to obtain visas. Efforts to bridge this geographic gap have been mixed. In this regard, the Special Rapporteur encourages the increased use of information technology and the creation of independent grant schemes to fund a more diverse array of civil society organizations to participate in multilateral consultations and events.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Year
- 2014
- Date modified
- Sep 21, 2020
Paragraph
Ability of associations to access financial resources as a vital part of the right to freedom of association & Ability to hold peaceful assemblies as an integral component of the right to freedom of peaceful assembly 2013, para. 72
- Paragraph text
- The Special Rapporteur stresses again the utmost importance of new communication technologies, including the Internet and mobile phones, in organizing peaceful assemblies. Such technologies allow organizers to mobilize a large group of people in a prompt and effective manner, and at little cost. This importance was highlighted by both panelists and delegations during the Human Rights Council panel discussion on the promotion and protection of human rights in the context of peaceful protests. It should be noted that individuals who post on social media organizers' calls for assemblies should not be considered as organizers, as has regrettably been the case in Malaysia, for instance.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Year
- 2013
- Date modified
- Sep 21, 2020
Paragraph
Ability of associations to access financial resources as a vital part of the right to freedom of association & Ability to hold peaceful assemblies as an integral component of the right to freedom of peaceful assembly 2013, para. 78
- Paragraph text
- Furthermore, as stated previously, organizers of peaceful assemblies should never be held liable for the unlawful behaviour of others. The principle of individual liability of participants should be upheld, notably due to the presumption of peacefulness of the assembly. The Special Rapporteur is concerned that organizers have sometimes been brought to court for the violent behaviour of others, as in Malaysia. He is similarly concerned about legal provisions criminalizing organizers for the violent conduct of others, as in the Canton of Geneva, Switzerland.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Year
- 2013
- Date modified
- Sep 21, 2020
Paragraph
Ability of associations to access financial resources as a vital part of the right to freedom of association & Ability to hold peaceful assemblies as an integral component of the right to freedom of peaceful assembly 2013, para. 61
- Paragraph text
- In far too many instances, authorities in many countries fail to apply the aforementioned strict test of necessity and proportionality when reviewing the imposition of a possible restriction to the right to freedom of peaceful assembly. Peaceful assemblies have been prohibited or repressed because the message conveyed do not please the authorities, as has been done in Algeria, Azerbaijan, Bahrain, Belarus, China, Cuba, Egypt, the Iran (Islamic Republic of), Indonesia, Russian Federation, Syrian Arab Republic and Zimbabwe. Organizers and participants have been charged with, inter alia, "sedition" and "rioting".
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Year
- 2013
- Date modified
- Sep 21, 2020
Paragraph
Ability of associations to access financial resources as a vital part of the right to freedom of association & Ability to hold peaceful assemblies as an integral component of the right to freedom of peaceful assembly 2013, para. 17
- Paragraph text
- The Declaration on Human Rights Defenders constitutes another relevant frame of reference: article 13 states that "everyone has the right, individually and in association with others, to solicit, receive and utilize resources for the express purpose of promoting and protecting human rights and fundamental freedoms through peaceful means, in accordance with article 3 of the present Declaration" (emphasis added). This provision is important because it makes no distinction between the sources of funding, be it from domestic, foreign or international sources. It is also essential because it makes clear that not only legally registered associations, but also individuals - and therefore associations which have no legal status, such as unregistered associations - are eligible to access funding. Although the Declaration is not a binding instrument, it must be recalled that it was adopted by consensus by the General Assembly and contains a series of principles and rights that are based on human rights standards enshrined in other international instruments which are legally binding. It is clear from this standpoint that the guiding principles it sets forth notably emanate from the provisions of article 22 of the International Covenant on Civil and Political Rights and can therefore be applied to other forms of associations, regardless of the goals they pursue. In the light of this reasoning, and taking due consideration of the provisions of the Covenant, which make no distinction between registered and unregistered associations, the Special Rapporteur underlines that legislation limiting foreign funding to registered associations only, as is the case in existing and draft legislation in Bangladesh, violate international human rights norms and standards pertaining to freedom of association. Furthermore, he recalls that the formation of associations should not be subject to a prior authorization procedure, but rather regulated by a system of notification that is simple, easily accessible, non-discriminatory and non-onerous or free of charge.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Year
- 2013
- Date modified
- Sep 21, 2020
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the context of elections 2013, para. 50
- Paragraph text
- In some cases, State interference does not occur when an association is formed, but while an association is carrying out its activities. Often, restrictions occur when authorities are faced with minority or dissenting views, or even when authorities fear being held accountable for their failure to respect human rights. In Zimbabwe, the offices of the Election Support Network, a coalition of 31 non-governmental organizations formed in 2000 to promote free and fair elections, were arbitrarily searched, on the grounds that the organization allegedly had "subversive material, documents, gadgets or recordings and had contravened the Immigration Act". These searches have been perceived by civil society actors as an attempt to intimidate and silence their voices in the context of the 2013 referendum and elections.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Year
- 2013
- Date modified
- Sep 21, 2020
Paragraph
Ability of associations to access financial resources as a vital part of the right to freedom of association & Ability to hold peaceful assemblies as an integral component of the right to freedom of peaceful assembly 2013, para. 63
- Paragraph text
- The Special Rapporteur is particularly troubled by the imposition of blanket bans in many States, such as Azerbaijan and Bahrain, typically in the interests of national security, public safety or public order. He firmly believes that such blanket bans, are intrinsically disproportionate and discriminatory measures as they impact on all citizens willing to exercise their right to freedom of peacefully assembly. States have also resorted to pre-emptive measures to quash peaceful assemblies, including by preventing participants from reaching assembly points, as in Sri Lanka and Myanmar.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Year
- 2013
- Date modified
- Sep 21, 2020
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the context of elections 2013, para. 42
- Paragraph text
- Civil society organizations have also an important role to play in the context of elections. The role of civil society in contributing to and sustaining a robust democracy cannot be underestimated. In different capacities, organizations undertake various activities to advocate for the concerns and interests of their beneficiaries, to contribute to ensuring the integrity of the electoral process, to further contribute to the achievement, protection and strengthening of democratic goals and standards, and to keeping authorities accountable to the electorate. Among other things, civil society organizations promote political participation, undertake voter education, campaign for good governance reforms, provide vehicles for the expression of different interests, but also act as platforms that cut across tribal, ethnic, linguistic and other barriers, and catalyse public debate on issues that affect them.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Social & Cultural Rights
- Year
- 2013
- Date modified
- Sep 21, 2020
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the context of elections 2013, para. 36
- Paragraph text
- More broadly, party resources should be differentiated from public resources. Public resources should not be used to tilt the electoral playing field in a party's favour and in particular the incumbent party or its candidates. This principle extends to the use of State institutions, such as police forces, the judiciary, the prosecutorial authority, law enforcement agencies and others, which should be impartial when controlling or limiting the activities of political parties, such as by initiating politically motivated court cases against rival candidates, in effect, preventing them from engaging in campaign activities.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Year
- 2013
- Date modified
- Sep 21, 2020
Paragraph
Best practices that promote and protect the rights to freedom of peaceful assembly and of association 2012, para. 42
- Paragraph text
- The Special Rapporteur stresses the importance of the regulatory authorities providing assembly organizers with "timely and fulsome reasons for the imposition of any restrictions, and the possibility of an expedited appeal procedure". The organizers should be able to appeal before an independent and impartial court, which should take a decision promptly. In several States, the regulatory authority has the obligation to justify its decision (e.g. Senegal and Spain). In Bulgaria, the organizer of an assembly may file an appeal within three days of receipt of a decision banning an assembly; the competent administrative court shall then rule on the ban within 24 hours, and the decision of the court shall be announced immediately and is final. Similarly, in Estonia, a complaint may be filed with an administrative court, which is required to make a decision within the same or next day; the organizers may also launch a complaint with the Estonian Ombudsman.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Year
- 2012
- Date modified
- Sep 21, 2020
Paragraph
Best practices that promote and protect the rights to freedom of peaceful assembly and of association 2012, para. 46
- Paragraph text
- Several good initiatives were brought to the attention of the Special Rapporteur, which should be replicated. In Burkina Faso, a seminar on "public demonstration and human rights: what strategy for a better collaboration between the different actors" was conducted by the Ministry of Justice and the Promotion of Human Rights for the benefit of security forces and NGOs. In Slovenia, training initiatives for law enforcements officials on the use of non-lethal instruments of constraint (such as batons, tear gas and water canons) when maintaining public order were delivered. In the United Kingdom, the police of several counties appointed an independent human rights lawyer to advise them on the legality and human rights implications of large-scale public order operations in relation to controversial protests.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Year
- 2012
- Date modified
- Sep 21, 2020
Paragraph
Best practices that promote and protect the rights to freedom of peaceful assembly and of association 2012, para. 41
- Paragraph text
- The Special Rapporteur further concurs with the assessment of the ODIHR Panel of Experts that "the free flow of traffic should not automatically take precedence over freedom of peaceful assembly". In this regard, the Inter-American Commission on Human Rights has indicated that "the competent institutions of the State have a duty to design operating plans and procedures that will facilitate the exercise of the right of assembly ... [including] rerouting pedestrian and vehicular traffic in a certain area". Furthermore, the Special Rapporteur points to a decision of the Spanish Constitutional Court which stated that "in a democratic society, the urban space is not only an area for circulation, but also for participation".
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Year
- 2012
- Date modified
- Sep 21, 2020
Paragraph
Best practices that promote and protect the rights to freedom of peaceful assembly and of association 2012, para. 78
- Paragraph text
- The Special Rapporteur considers as best practice legislation which provides for criminal and disciplinary sanctions against those who interfere with or violently disperse public assemblies through excessive use of force (e.g. Bulgaria, Burkina Faso, Colombia, Cote d'Ivoire, Cuba, Estonia, Japan, Kyrgyzstan, Portugal, Republic of Moldova, Serbia and Spain). More specifically, in Colombia, according to the law, the excessive or arbitrary use of force against peaceful demonstrators constitutes a grave breach, under the disciplinary regime for the national police. Similarly, in Portugal, a decree-law foresees sanctions against authorities who hinder the right to freedom of peaceful assembly, and article 382 of Criminal Code sets the applicable sanctions in relation to the abuse of power.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Humanitarian
- Year
- 2012
- Date modified
- Sep 21, 2020
Paragraph
Best practices that promote and protect the rights to freedom of peaceful assembly and of association 2012, para. 27
- Paragraph text
- The Special Rapporteur stresses that the enjoyment of the right to hold and participate in peaceful assemblies entails the fulfilment by the State of its positive obligation to facilitate the exercise of this right. In this regard, he highlights the Law on Assembly in Armenia, which states that the police shall be obliged to facilitate peaceful assemblies (art. 32, para. 2). He further notes with interest the statement of the Her Majesty's Inspectorate of Constabulary of the United Kingdom, an independent assessment institution, which stated that "the police as a service has recognized and adopted the correct starting point for policing protest as the presumption in favour of facilitating peaceful protest".
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Year
- 2012
- Date modified
- Sep 21, 2020
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the context of elections 2013, para. 23
- Paragraph text
- A central part of the positive State obligation to protect those exercising the right to freedom of peaceful assembly is to ensure protection against agents provocateurs and counterdemonstrators, whose aim is to disrupt or disperse such assemblies. Such individuals include those belonging to the State apparatus or working on its behalf. The Special Rapporteur is concerned about the State's use of agents provocateurs to disrupt assemblies, as was reportedly the case in Senegal in January 2012, prior to the first round of the presidential elections. Similarly, greater efforts should be made to allow, protect and facilitate peaceful simultaneous assemblies, and peaceful counterdemonstrations, whenever possible. In sum, all forms of peaceful assemblies should receive greater protection and facilitation from the authorities.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Year
- 2013
- Date modified
- Sep 21, 2020
Paragraph
Best practices that promote and protect the rights to freedom of peaceful assembly and of association 2012, para. 63
- Paragraph text
- The right to freedom of association obliges States to take positive measures to establish and maintain an enabling environment. It is crucial that individuals exercising this right are able to operate freely without fear that they may be subjected to any threats, acts of intimidation or violence, including summary or arbitrary executions, enforced or involuntary disappearances, arbitrary arrest or detention, torture or cruel, inhuman or degrading treatment or punishment, a media smear campaign, travel ban or arbitrary dismissal, notably for unionists. One or several of such violations is/are found in, e.g., Belarus, Colombia, the Democratic Republic of the Congo, Egypt, Israel, the Philippines, , Sri Lanka, Syrian Arab Republic and Zimbabwe.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Year
- 2012
- Date modified
- Sep 21, 2020
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the context of multilateral institutions 2014, para. 12
- Paragraph text
- Decision-making at the multilateral level appears to take a similar trajectory, where the private sector is playing an increasingly dominant role in implementing the global development agenda, compared to civil society involvement. The for-profit sector has a variety of avenues to impact the post-2015 development agenda. For example, corporate interests are represented and have been active in multiple forums that have an influence on the post-2015 agenda processes such as the High-Level Panel established by the Secretary-General, the United Nations Global Compact and the Sustainable Development Solutions Network. Indeed, the Economic and Social Council accreditation criteria for NGOs allow business organizations to participate as "civil society" despite the fact that they typically represent for-profit interests. The inequality in avenues available to corporate interests versus non-profit interests creates a power imbalance influencing global governance and its outcomes that favours for-profit interests.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2014
- Date modified
- Feb 14, 2020
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the context of elections 2013, para. 49
- Paragraph text
- As described in previous reports by the Special Rapporteur, any restrictions must be permitted by international law, and thus meet the strict requirements of international human rights law. In the context of elections, the Special Rapporteur believes that the test threshold should be raised to a higher level. It is therefore, not sufficient for a State to invoke the protection of the integrity of the election process, the need to ensure non-partisan and impartial elections, the need to preserve peace or security to limit these rights, insofar as the context of elections is a critical time when individuals have a say about the fate of their country. In this regard, the Human Rights Committee stated that the reference to "democratic society" in the context of article 22, indicates in the Committee's opinion, that the existence and operation of associations, including those which peacefully promote ideas not necessarily favourably viewed by the Government or the majority of the population, is a cornerstone of a democratic society.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2013
- Date modified
- Feb 14, 2020
Paragraph
Ability of associations to access financial resources as a vital part of the right to freedom of association & Ability to hold peaceful assemblies as an integral component of the right to freedom of peaceful assembly 2013, para. 43
- Paragraph text
- The ability to hold peaceful assemblies is a fundamental and integral component of the multifaceted right to freedom of peaceful assembly, which shall be enjoyed by everyone. Such ability is of utmost importance to the work of civil society actors, including those promoting the realization of economic, social and cultural rights, as it enables them to publicly voice their message, which ultimately benefits the realization of the right(s) they strive to promote and protect, especially in the context of the ongoing dire economic crisis. This is all the more relevant for groups most at risk of violations and discrimination, such as women, youth, indigenous peoples, persons with disabilities, persons belonging to minority groups, groups at risk because of their sexual orientation and gender identity and non-nationals.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Gender
- Person(s) affected
- Ethnic minorities
- Women
- Youth
- Year
- 2013
- Date modified
- Feb 14, 2020
Paragraph
The rights to freedom of peaceful assembly and of association in the context of natural resource exploitation projects 2015, para. 67
- Paragraph text
- An environment that allows for the robust exercise of the rights to freedom of peaceful assembly and of association is essential in ensuring that natural resource exploitation is fair, transparent and accountable and benefits citizens. These rights encourage access to information, public participation and free, prior and informed consent and also highlight the gaps in the enjoyment of other rights related to land tenure, the environment and self-determination. The Special Rapporteur believes that the more consultation on any particular exploitation issue, the better. He also wishes to highlight that the benefits of such consultation - and the improved planning that results from extensive consultation - can be immense for society at large. One example is the Government Pension Fund Global of Norway, which was set up in 1990 to hold surplus wealth produced by Norwegian petroleum income. It is now the largest sovereign wealth fund in the world.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Environment
- Person(s) affected
- N.A.
- Year
- 2015
- Date modified
- Feb 14, 2020
Paragraph
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. 69
- Paragraph text
- In its draft general comment on article 12, the Committee on the Rights of Persons with Disabilities states that the recognition of equal legal capacity for persons with disabilities is a key principle that is inextricably linked to the enjoyment of other rights, including the freedom of association and the right to participate in political and public life (CRPD/C/11/4, paras. 44-45). Legal capacity is distinguished from mental capacity, with the former referring to the ability to hold rights and duties and the ability to exercise those rights and duties (ibid., para. 12). The paradigm shift in perceptions of the legal capacity and equality before the law for persons with disabilities, brought about by the Committee on the Rights of Persons with Disabilities, has not yet become entrenched in practice. The shift from substitute decision-making to supported decision-making has profound implications on how and with whom persons with disabilities associate.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Persons with disabilities
- Year
- 2014
- Date modified
- Feb 14, 2020
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the context of multilateral institutions 2014, para. 17
- Paragraph text
- The legitimacy of civil society participation at the international level is further affirmed by the Charter of the United Nations, which acknowledges that the Economic and Social Council may consult with NGOs concerned with matters within its competence. The Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms in its preamble stated that the General Assembly recognizes "the right and the responsibility of individuals, groups and associations to promote respect for and foster knowledge of human rights and fundamental freedoms at the national and international levels". Article 5 of the Declaration recognizes the right of everyone, individually and in association with others, at the national and international levels, to communicate with non governmental and intergovernmental organizations. These organizations have an implicit corresponding obligation to take action on such communications.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2014
- Date modified
- Feb 14, 2020
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 13
- Paragraph text
- The mandate holder is committed to using her mandate to ensure the full exercise of the rights to freedom of peaceful assembly and of association by all the peoples of the United Nations.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Person(s) affected
- All
- Year
- 2017
- Date modified
- Feb 14, 2020
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 62
- Paragraph text
- For the purpose of enhancing the visibility of her mandate, the Special Rapporteur intends to strengthen the content of the mandate website. She also intends to develop additional user-friendly tools to help the general public to better understand the findings and recommendations.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2017
- Date modified
- Feb 14, 2020
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 82
- Paragraph text
- This section contains a very simple, straightforward conclusion about what remains to be done by an independent expert, considering the numerous guiding principles and recommendations that have already been put forward in this area.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2017
- Date modified
- Feb 14, 2020
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 14
- Paragraph text
- The rights to freedom of peaceful assembly and of association are among the many rights on the list of international human rights; just as all human rights, they are universal, indivisible, interdependent and interrelated.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Person(s) affected
- All
- Year
- 2017
- Date modified
- Feb 14, 2020
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 46a
- Paragraph text
- [The first thematic report to the Human Rights Council, in 2018, will be focused on the use of force, including less lethal weapons, and the management of assemblies, building upon the joint report on the proper management of assemblies presented in 2016 (see paras. 22 and 41 above), pursuant to Council resolution 25/38. In addition to following up on the compilation of practical recommendations for the proper management of assemblies provided in the joint report, the Special Rapporteur will tackle current and emerging issues, including:] The distinction between situations of internal disturbances and tensions, such as riots, isolated and sporadic acts of violence and other acts of a similar nature, and cases of armed conflicts not of an international character. The latter trigger the application of article 3 common to the Geneva Conventions relating to the protection of victims of international armed conflicts and the application of the Protocol additional to the Geneva Conventions of 12 August 1949, and relating to the protection of victims of non-international armed conflicts. In that respect, the Special Rapporteur will discuss the principle that international humanitarian law does not apply to the exclusion of fundamental human rights law, but fully complements it;
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2017
- Date modified
- Feb 14, 2020
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 61
- Paragraph text
- In the following paragraphs, the Special Rapporteur details how she intends to exploit the full potential of the tools within the purview of special procedures mandate holders, in addition to developing new, innovative tools.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2017
- Date modified
- Feb 14, 2020
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 23
- Paragraph text
- A State becomes stronger when it nurtures a strong civil society. The relationship between a strong State and a strong civil society is directly, not inversely, proportional. There is no trade-off between the two.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2017
- Date modified
- Feb 14, 2020
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 15
- Paragraph text
- The rights to freedom of peaceful assembly and of association are fundamental rights that form the basis of the full enjoyment of other rights, as they enable the exercise of a number of civil, political, economic, cultural and social rights.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Person(s) affected
- All
- Year
- 2017
- Date modified
- Feb 14, 2020
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 67
- Paragraph text
- In the first few months of her work, she has already engaged in fruitful discussions with other relevant mandate holders on how to streamline communications and make them more effective. She will pay particular attention to the follow-up to her communications.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2017
- Date modified
- Feb 14, 2020
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 83
- Paragraph text
- The success of the mandate on the rights to freedom of peaceful assembly and of association, just as that of any other mandate, cannot be measured in terms of resolutions adopted, reports presented, dialogues held or initiatives promoted.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Person(s) affected
- All
- Year
- 2017
- Date modified
- Feb 14, 2020
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 71
- Paragraph text
- Therefore, and as part of her working methods, the Special Rapporteur sees it as part of her duty to take part in strategic litigation cases before national, regional and international courts where issues relating to freedom of peaceful association and of assembly come to the fore.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Person(s) affected
- N.A.
- Year
- 2017
- Date modified
- Feb 14, 2020
Paragraph
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. 47
- Paragraph text
- Other practices not directly related to the right to freedom of peaceful assembly may also be used as leverage to keep certain groups from freely exercising such right. Those practices include the expulsion of students from universities for participating in peaceful protests (for example, in Chile), the arrest and detention of, and excessive use of force against, peaceful Tibetan students calling for freedom to study the Tibetan language (China), the threat of revocation of residency, refugee or asylum status for participating in peaceful demonstrations, the existence of institutional obstacles that prevent demonstrators from receiving competent legal assistance if charged with an assembly-related crime (including the harassment and intimidation of lawyers who provide such assistance), and the threat of termination of employment (and legal residency status linked to employment in some circumstances) for participating in peaceful protests, for foreigners and migrants.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2014
- Date modified
- Feb 14, 2020
Paragraph
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. 33
- Paragraph text
- There may be legitimate and non-criminal reasons for wearing a mask or face covering during a demonstration, including fear of retribution. For example, in Egypt, article 6 of the 2013 law on protests and demonstrations prohibits the wearing of a mask to hide the face during any assembly. That provision contains no exceptions and could be used to discriminate against women who wear the niqab, effectively preventing them from participating in public meetings or protests. Such laws may also be used against individuals with medical disabilities who wear face masks for medical purposes. Certain peaceful protest movements in the Arab world, Western Europe, North America and elsewhere have adopted the use of the Guy Fawkes mask as an emblem. The mask is particularly popular among youth and student protest movements. The donning of this mask can be as much a political statement - a way of identifying with one's fellow demonstrators and a worldwide movement - as it is an attempt to conceal identity.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Persons with disabilities
- Women
- Youth
- Year
- 2014
- Date modified
- Feb 14, 2020
Paragraph
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. 45
- Paragraph text
- Surveillance tactics ostensibly designed to prevent criminal activity are also often used selectively to target certain groups who plan to stage peaceful public assemblies. In Canada, for example, the Government formed a special police unit to produce intelligence updates on potential protests by indigenous peoples, primarily those fighting outside development on their ancestral land. Similarly, disproportionate force (including armed police, snipers and roadblocks) is often deployed at disfavoured protests as an intimidation tactic. Such practices should be vigorously discouraged. As the Special Rapporteur has previously noted, public assemblies should be presumed to be peaceful and lawful, until proven otherwise (A/HRC/20/27, para. 25) Surveillance tactics and disproportionate shows of force attest that authorities in some Member States often presume the opposite, and have a chilling effect on peaceful protestors, such as in the United Kingdom of Great Britain and Northern Ireland (A/HRC/23/39/Add.1, para. 32).
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Person(s) affected
- Ethnic minorities
- Year
- 2014
- Date modified
- Feb 14, 2020
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 28
- Paragraph text
- Low-wage migrant workers face severe economic exploitation, social exclusion and political disenfranchisement. They are often denied their freedoms of peaceful assembly and of association because of their irregular status or by structural barriers in legal channels that systematically disempower workers. Exorbitant recruitment fees leave them with unrepayable debt. In the destination country, they are often paid low wages or not paid at all. They are subject to unsafe and unhealthy working and living conditions, and gender-based violence. They are typically without access to health care, leave or other social benefits. Many find themselves trafficked, in conditions of forced labour or slavery, isolated, unpaid, with restricted freedom of movement and no access to justice. Because most migrant workers are effectively barred from forming and joining unions, they are unable to advocate to improve wages and working conditions. Migrants have become a massive, disposable, low-wage workforce excluded from remedies or realistic opportunities to bargain collectively for improved wages and working conditions.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2016
- Date modified
- Feb 14, 2020
Paragraph
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. 42
- Paragraph text
- The Special Rapporteur is deeply concerned about the use of police violence, harassment and judicial intimidation against assemblies held by women in many parts of the world. In Cambodia, for example, female land-rights activists have been targeted for violence, harassment and arrest on numerous occasions. In India, in the State of Orissa, 42 women human rights defenders were arrested and detained for peacefully protesting against the building of a dam. In Sri Lanka, women advocating for investigations into the enforced disappearance of their loved ones face considerable opposition from the Government. In Cuba, women defenders promoting and protecting human rights (Damas de Blanco) have repeatedly been targeted by security forces when peacefully demonstrating for the rights of detainees. Similarly, in Zimbabwe, members of a local women's group, Women of Zimbabwe Arise, were beaten and arrested in September 2013 after staging a peaceful demonstration outside Parliament.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Violence
- Person(s) affected
- Activists
- Women
- Year
- 2014
- Date modified
- Feb 14, 2020
Paragraph
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. 39
- Paragraph text
- Problems can arise even in States where the assembly rights of non-citizens are protected by law. The Special Rapporteur has received reports that in Cyprus, for example, some private employment contracts prohibit migrants from engaging in political activity, effectively depriving that group of their right to peacefully assemble (and freely associate). Although provisions contained in private employment contracts do not represent direct restrictions from the State, the State does have an important and pivotal role in prohibiting such restrictions, that is, by rejecting such restrictions as valid contractual terms under domestic law. The Special Rapporteur recalls that Member States have a responsibility to facilitate and protect the right to freedom of peaceful assembly. States should closely examine their role in supporting, even if inadvertently, private restrictions on that right. State mechanisms and institutions must not be used to enable private actors to abrogate fundamental rights.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Persons on the move
- Year
- 2014
- Date modified
- Feb 14, 2020
Paragraph
Ability of associations to access financial resources as a vital part of the right to freedom of association & Ability to hold peaceful assemblies as an integral component of the right to freedom of peaceful assembly 2013, para. 80
- Paragraph text
- Moreover, the Special Rapporteur believes that the "Arab Spring", and the "occupy movement" which subsequently flourished in many parts of the world, have opened a door which will never be closed. They provide a non-violent alternative for change as well as give authorities a chance to understand the views and feelings of citizens. These events indelibly confirmed that holding peaceful assemblies is a legitimate and powerful means to make calls for democratic change; greater respect for human rights, including economic, social and cultural ones; and accountability for human rights violations and abuses. The ability to hold such assemblies has proven particularly crucial for groups most at risk of violations and discrimination enabling them to address their often desperate plight in a meaningful manner.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2013
- Date modified
- Feb 14, 2020
Paragraph
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. 64
- Paragraph text
- In addition to legislation that restricts the right to the freedom of assembly of LGBTI people through discriminatory law that prohibits "propaganda" or the "promotion" of homosexuality, some legislation also specifically prohibits the formation, running, participation in or support of organizations that advocate for the protection of the human rights of LGBTI people. This is the case of the above-mentioned Same Sex Marriage (Prohibition) Act in Nigeria. The Special Rapporteur highlights that the Human Rights Committee has clarified that any limitations to rights protected by the International Covenant on Civil and Political Rights, when permitted by the Covenant, may not be imposed for discriminatory purposes or applied in a discriminatory manner. Therefore, provisions restricting or prohibiting the right to freedom of association of a specific group on discriminatory grounds, such as sexual orientation or gender identity, is not permitted under the Covenant and must be reviewed with a view to repeal.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- LGBTQI+
- Year
- 2014
- Date modified
- Feb 14, 2020
Paragraph
The rights to freedom of peaceful assembly and of association in the context of natural resource exploitation projects 2015, para. 48
- Paragraph text
- It is worth emphasizing that peaceful protests are typically a measure of last resort, when scope for effective engagement with the authorities or businesses is otherwise limited. In some cases, communities may have gone through consultation processes only to find them, from their perspective, improperly conducted, compromised, corrupt or otherwise unsatisfactory. In other cases, agreements reached between the parties may not be not adhered to. For example in Myanmar, protests against the Monywa Copper Project were allegedly sparked in 2012 when the corporation involved in the mining operations reneged on an agreement with affected villagers to halt operations pending negotiations with them. Police later moved in to disperse the peaceful protest camps using inordinate force (see A/HRC/25/64, para. 28). A failure by a company to abide by a contract signed with the owners of community territory in La Sierrita de Galeana in Mexico also resulted in a peaceful protest that was violently dispersed, allegedly under the instructions of company officials.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Person(s) affected
- Activists
- Year
- 2015
- Date modified
- Feb 14, 2020
Paragraph
The rights to freedom of peaceful assembly and of association in the context of natural resource exploitation projects 2015, para. 18
- Paragraph text
- The complexities of influence between the host State and States of origin is replicated among corporations, where parent companies domiciled in one State may have subsidiaries in other countries exercising various degrees of influence on the policies and practices of the latter entities. Furthermore, international and national financial institutions often have a significant stake in natural resource exploitation activities that they may be supporting financially. Their actions or inaction, primarily through the leverage they have as financiers, could have an impact on the human rights of affected communities, including peaceful assembly and association rights. The Special Rapporteur subscribes to the premise that international human rights law ascribes the primary duties to States, acting individually or as members of multilateral institutions. These obligations apply within the territory of the State and extraterritorially. Similarly, non-State actors have responsibilities in relation to human rights, as will be discussed below.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Environment
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
- Date modified
- Feb 14, 2020
Paragraph
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. 46
- Paragraph text
- In other cases, inaction by authorities may prevent some groups from exercising their right to freedom of peaceful assembly. The Special Rapporteur has received numerous reports from India regarding the disruption of public assemblies of Dalit individuals - members of the country's traditional "untouchable" caste. This includes one case in 2009 in which members of another caste obstructed a funeral procession and beat members of the Dalit community. Police reportedly failed to intervene, despite being present. In Egypt, peaceful female demonstrators were sexually assaulted repeatedly in Tahir Square, largely due to the inaction of law enforcement authorities. In Bosnia and Herzegovina, unidentified individuals violently disrupted LGBTI events in 2008 and 2014. In both cases, the police failed to provide protection to the organizers and participants. In several countries, stigmatization and counter-demonstrations against LGBTI pride parades and marches have also dissuaded organizers from holding such events.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Person(s) affected
- Activists
- LGBTQI+
- Women
- Year
- 2014
- Date modified
- Feb 14, 2020
Paragraph
The rights to freedom of peaceful assembly and of association in the context of natural resource exploitation projects 2015, para. 7
- Paragraph text
- Increased demand for resources has resulted in the opening up of more areas for exploration and exploitation, especially in populated areas, leading to conflict between competing interests. By some accounts, between 93 and 99 per cent of 73,000 mining, logging, agriculture, oil and gas concessions in eight tropical forested countries were inhabited. The same sources indicate that, for example, up to 40 per cent of the territory of Peru has been handed over by the Government to private for-profit entities to exploit natural resources and that in Liberia and in Indonesia 35 and 30 per cent, respectively, of the land is in the hands of the private sector for exploitation operations. The existence of widespread social conflict associated with natural resource exploitation is therefore not surprising. For example, in Peru, the Ombudsman's Office documented 211 social conflicts in the month of February 2015, 66 per cent of which were related to natural resource exploitation. In Colombia, the Ombudsman's Office participated in 218 dialogues between mining companies, protestors and the Government.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2015
- Date modified
- Feb 14, 2020
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the context of multilateral institutions 2014, para. 65
- Paragraph text
- There have been repeated instances of reprisals against individuals, or their relatives, participating or seeking to participate in sessions of the Human Rights Council. The most dramatic forms of retaliation involved the loss of lives. For instance, Cao Shunli, a Chinese human rights defender who worked on increasing citizen inputs to the preparations of China's UPR, was arrested in September 2013 before boarding her flight to Geneva to participate in a human rights seminar and observe China's UPR. She was subsequently charged with the crime of "provocation". While in detention, her health dramatically deteriorated as she was allegedly denied medical treatment. She died on 14 March 2014. In December 2008, Edwin Legarda, an indigenous leader and husband of Aida Quilcué Vivas, was killed by security forces on his way to collect his wife at the airport. She was returning from Geneva, where she had participated in the UPR session of Colombia. Six former members of the military were subsequently arrested, tried and sentenced to 40 years' imprisonment.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Activists
- Ethnic minorities
- Families
- Year
- 2014
- Date modified
- Feb 14, 2020
Paragraph
The rights to freedom of peaceful assembly and of association in the context of natural resource exploitation projects 2015, para. 24a
- Paragraph text
- [A notable shortcoming of the voluntary obligations for corporations is that they do not go far enough in ensuring that both States and businesses are held accountable for any failures to comply with them, nor do they encourage robust oversight by Governments of actions by businesses that may violate human rights. Several documents set out voluntary human rights obligations for companies in relation to human rights in general and the rights to freedom of peaceful assembly and of association in particular. These include:] The United Nations Global Compact, a broad initiative on corporate responsibility covering the areas of human rights, labour, environment and the prevention of corruption. Two of the Compact's 10 principles emphasize the role of business in supporting and respecting the protection of internationally recognized human rights, and to ensure they are not complicit in human rights abuses. A third principle requires businesses to uphold the freedom of association and recognize the right to collective bargaining;
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
- Date modified
- Feb 14, 2020
Paragraph
Ability of associations to access financial resources as a vital part of the right to freedom of association & Ability to hold peaceful assemblies as an integral component of the right to freedom of peaceful assembly 2013, para. 69
- Paragraph text
- Possible issues for discussion include an estimate of the number of participants expected; itinerary of the assembly, if it is not static; specific needs of persons with disabilities and groups at risk, such as women, indigenous peoples and groups who, due to their sexual orientation and/or gender identity may be in need of greater protection by the authorities; need to deploy properly trained and clearly identified stewards whose role is to provide assistance to organizers by, inter alia, informing and orienting the public during the event, but who should not be used to palliate deficiencies in the security apparatus. Importantly, when organizers cannot be identified due to the nature of certain assemblies (such as those convened through the Internet), the authorities must undertake such planning and be prepared to the same extent.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- Ethnic minorities
- Persons with disabilities
- Women
- Year
- 2013
- Date modified
- Feb 14, 2020
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the context of multilateral institutions 2014, para. 24
- Paragraph text
- Article 71 of the Charter of the United Nations, for example, is implemented primarily via the United Nations Committee on Non-Governmental Organizations, which recommends Economic and Social Council status for NGOs wishing to participate in the Council. Status is required of NGOs to attend and participate in many United Nations meetings, and to make statements before the Human Rights Council. The Special Rapporteur received numerous complaints that the process of obtaining Council status is long, complex, costly, beyond the capability of many small civil society organizations and impossible to obtain for informal organizations and grass-roots networks, in particular those which do not have access to the Internet. This has resulted in a perceived underrepresentation of smaller organizations, such as lesbian, gay, bisexual and transgender groups and civic organizations from the Global South. In addition to these practical barriers, NGO applicants also face political ones. The Special Rapporteur reviews both in section IV below.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Person(s) affected
- LGBTQI+
- Year
- 2014
- Date modified
- Feb 14, 2020
Paragraph
Ability of associations to access financial resources as a vital part of the right to freedom of association & Ability to hold peaceful assemblies as an integral component of the right to freedom of peaceful assembly 2013, para. 44
- Paragraph text
- However, in far too many instances, the ability to hold peaceful assemblies has been denied or restricted by authorities in violation of international human rights norms and standards. As a consequence, the right to take part in the conduct of public affairs, as recognized in article 25 of the International Covenant on Civil and Political Affairs, has been narrowed. In this connection, the Special Rapporteur wishes to refer once again to the Human Rights Committee's general comment No. 25 (1996) on participation in public affairs and the right to vote, which considers that "citizens also take part in the conduct of public affairs by exerting influence through public debate and dialogue with their representatives or through their capacity to organize themselves. This participation is supported by ensuring freedom of expression, assembly and association".
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2013
- Date modified
- Feb 14, 2020
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the context of elections 2013, para. 40
- Paragraph text
- Since the inception of his mandate, the Special Rapporteur has received numerous allegations to the effect that, during electoral periods, political leaders and supporters, particularly from the opposition, face heightened risks. Prior to, during and after an election, those who voice or have voiced dissent are in many countries subject to, inter alia, harassment, intimidation, corruption attempts, reprisals, arbitrary arrests and imprisonment, solely on account of their political opinions or beliefs. In this respect, the Special Rapporteur is disturbed about the case of an opposition leader from Belarus who was subject, in 2011, to a harsh sentencing, after he participated in a rally protesting the outcome of the presidential elections on 19 December 2011. In the Islamic Republic of Iran, concern was expressed in relation to former presidential candidates who staged a rally in solidarity with protesters in Egypt, for which they had sought permission from the authorities, and who have been kept largely "incommunicado" in their homes since February 2011.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2013
- Date modified
- Feb 14, 2020
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the context of elections 2013, para. 56
- Paragraph text
- The Special Rapporteur wishes to underscore the fact that electoral periods are a unique moment in the life of a nation to confirm, and even strengthen, democratic principles, such as non-discrimination, gender equality, pluralism of views and parity. Democracy is a singular way of allowing for effective popular participation in decision-making processes at both national and local levels. He stresses that electoral periods are such an important time to build democratic, responsive and accountable institutions and that very strict and clear safeguards should be put in place by States to prevent undue interference in public freedoms, in particular in the rights to freedom of peaceful assembly and of association. Further, in times of elections, States should make greater efforts to facilitate and protect the exercise of these core rights, which should be enjoyed by everyone, especially by members of groups at risk. In effect, genuine elections cannot be achieved if the rights to freedom of peaceful assembly and of association are curtailed.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2013
- Date modified
- Feb 14, 2020
Paragraph
Ability of associations to access financial resources as a vital part of the right to freedom of association & Ability to hold peaceful assemblies as an integral component of the right to freedom of peaceful assembly 2013, para. 35
- Paragraph text
- Restrictions to funding are also regularly justified by the need to ensure greater transparency and accountability within the civil society sector. Combatting fraud, embezzlement, corruption, money-laundering and other modes of trafficking is legitimate, and may qualify as being in the "interests of national security, public safety, or public order". Nevertheless, it is not sufficient to simply pursue a legitimate interest, limitations need also to be prescribed by law and "be necessary" in a democratic society. In this regard, limitations must be proportionate to the interest to be protected and must be the least intrusive means to achieve the desired objective. In this respect, several legislations or practices unduly restrict the ability of associations to access funding since other less intrusive measures exist to mitigate the risk.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2013
- Date modified
- Feb 14, 2020
Paragraph
Ability of associations to access financial resources as a vital part of the right to freedom of association & Ability to hold peaceful assemblies as an integral component of the right to freedom of peaceful assembly 2013, para. 59
- Paragraph text
- The Special Rapporteur is mindful of States' obligation to guarantee law and order, but restrictions on peaceful assembly in relation to its "time, place and manner" should be limited to the extent that such restrictions meet the aforementioned strict test of necessity and proportionality. Any restriction imposed on the nature or content of the message the organizers and participants want to convey, especially in relation to criticism of Government policies, should be proscribed, unless the message constitutes "incitement to discrimination, hostility or violence", in conformity with article 20 of the Covenant. In this connection, he stresses the recommendation that he has already put forward to States to "provide individuals exercising their rights to freedom of peaceful assembly and of association with the protection offered by the right to freedom of expression".
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2013
- Date modified
- Feb 14, 2020
Paragraph
Ability of associations to access financial resources as a vital part of the right to freedom of association & Ability to hold peaceful assemblies as an integral component of the right to freedom of peaceful assembly 2013, para. 30
- Paragraph text
- In order to analyse whether the limitation motivated by the protection of State sovereignty complies with international human rights law, it must first be explored whether it falls within one of the limited legitimate grounds for restrictions. The protection of State sovereignty is not listed as a legitimate interest in the Covenant. The Special Rapporteur emphasizes that States cannot refer to additional grounds, even those provided by domestic legislation, and cannot loosely interpret international obligations to restrict the right to freedom of association. In his view, such justification cannot reasonably be included under "the interests of national security or public safety" or even "public order". Affirming that national security is threatened when an association receives funding from foreign source is not only spurious and distorted, but also in contradiction with international human rights law.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2013
- Date modified
- Feb 14, 2020
Paragraph
Ability of associations to access financial resources as a vital part of the right to freedom of association & Ability to hold peaceful assemblies as an integral component of the right to freedom of peaceful assembly 2013, para. 9
- Paragraph text
- Legal frameworks and policies related to resources have a significant impact on the freedom of association; they can strengthen the effectiveness and facilitate the sustainability of associations or, alternatively, subjugate associations to a dependent and weak position. Moreover, for associations promoting human rights, including economic, social and cultural rights, or those involved in service delivery (such as disaster relief, health-care provision or environmental protection), access to resources is important, not only to the existence of the association itself, but also to the enjoyment of other human rights by those benefitting from the work of the association. Hence, undue restrictions on resources available to associations impact the enjoyment of the right to freedom of association and also undermine civil, cultural, economic, political and social rights as a whole.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Equality & Inclusion
- Health
- Person(s) affected
- N.A.
- Year
- 2013
- Date modified
- Feb 14, 2020
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the context of elections 2013, para. 52
- Paragraph text
- In other cases, civic activists faced arbitrary detention and long prison terms after unfair trials. In Belarus, where multiple home and office raids, arrests, trials and detention of numerous human rights defenders active in civic associations took place as a result of their legitimate human rights activities during the presidential elections in December 2010, including the sentencing of the Chairperson of the Human Rights Centre "Viasna" to four and one-half years in detention. In the Islamic Republic of Iran, a prominent lawyer was sentenced in 2011 to 11 years of imprisonment, which was later reduced to a six-year prison term, and a 10-year ban on practising as a lawyer for "propaganda against the State", "collusion and gathering with the aim of acting against national security" and "membership of the Defenders of Human Rights Centre". The accusations brought against the human rights lawyer were allegedly based on interviews she had had with media in relation to her clients, who had been imprisoned after the June 2009 presidential election in the Islamic Republic of Iran.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2013
- Date modified
- Feb 14, 2020
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the context of elections 2013, para. 31
- Paragraph text
- The Special Rapporteur agrees with the Human Rights Committee, in paragraph 19 of general comment No. 25, that freedom of expression, assembly and association are essential conditions for the effective exercise of the right to vote and must be fully protected and that States should ensure that, in their internal management, political parties respect the applicable provisions of article 25 in order to enable citizens to exercise their rights thereunder. As the Special Rapporteur noted previously, a minimum number of individuals may be required to establish a political party, but this number should not be set at a level that would discourage people from engaging in associations (A/HRC/20/27, para. 54). Other requirements might be in force, such as concerning geographic or ethnic representation, but the Special Rapporteur warns against this type of measure that is ultimately discriminatory to the formation of any political party. A registration regime is not necessary for the formation or operation of political parties, but where it is in place, it should never be subject to authorities' prior approval.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2013
- Date modified
- Feb 14, 2020
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the context of elections 2013, para. 13
- Paragraph text
- The centrality of the rights to freedom of peaceful assembly and of association in the context of elections is affirmed in various other international and regional human rights treaties and other bodies. Member States of the African Union in the Declaration on the Principles Governing Democratic Elections in Africa (sect. III (d)) explicitly commit themselves to safeguarding the human and civil liberties of all citizens, including the freedom of movement, assembly, association, expression, and campaigning, as well as access to the media on the part of all stakeholders, during electoral processes. The Organization for Security and Cooperation in Europe Copenhagen Document, which outlines the commitment of member States in the field of elections, explicitly guarantees the rights of peaceful assembly and of association (paras. 9.2 and 9.3). Although other regional instruments on democracy do not explicitly refer to the right to freedom of association, they recognize that political parties and other forms of associations are vital components for the strengthening of democracy.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2013
- Date modified
- Feb 14, 2020
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the context of multilateral institutions 2014, para. 78
- Paragraph text
- The Committee has also decided on the suspension or withdrawal of the consultative status of NGOs in a manner which does not comply with the provisions of Economic and Social Council resolution 1996/31. For example, in July 2010, 31 NGOs and groups sent a joint letter to Ambassadors to the Economic and Social Council expressing concern about the decisions made by the Committee calling for the suspension of the consultative status of Interfaith International and Centre Europe-Tiers Monde/Third World International for two years, at the request of Pakistan and Turkey, respectively; and the withdrawal of the consultative status of the General Federation of Iraqi Women, at the request of Iraq. According to the signatories of the letter, "the process used by the Committee to decide on the suspension or withdrawal of the status of these NGOs was hurried and failed to respect the procedural safeguards required by Economic and Social Council resolution 1996/31. In particular, the process did not allow the NGOs a reasonable opportunity to respond to the allegations against them."
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Women
- Year
- 2014
- Date modified
- Feb 14, 2020
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 37
- Paragraph text
- In his fourth report to the Human Rights Council (A/HRC/29/25), on the rights to freedom of peaceful assembly and association in the context of natural resource exploitation, the previous mandate holder examined the role that those rights played in opening up space for genuine and effective participation across the spectrum of natural resource exploitation activities. He also examined how those rights helped to foster increased transparency and accountability, facilitate constructive dialogue and, ultimately, form the basis for people’s ability to secure other substantive rights. In the report, he noted that the significance of civil society as a stakeholder in the context of natural resource exploitation was underestimated, misperceived and often denied by both States and businesses and that that was symptomatic of a growing disregard for a plurality of views, particularly those which championed non-economic values over economic ones. He argued that such disregard for civil society input was counterproductive and divisive and likely to contribute to an erosion of confidence in the world’s prevailing economic system. He concluded that it was in the interest of both States and corporations to recognize actions by civil society groups, both in support of and against the entire decision-making chain in natural resource governance, as a legitimate exercise by those individuals and groups of their rights to freedom of peaceful assembly and of association.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Person(s) affected
- All
- N.A.
- Year
- 2017
- Date modified
- Feb 14, 2020
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 35
- Paragraph text
- In his third report to the Human Rights Council (A/HRC/26/29), in which he assessed the threats against groups most at risk when exercising their rights to freedom of peaceful assembly and association, the previous mandate holder focused on the challenges facing groups that were often relegated to the margins of society, both in their daily lives and in the exercise of those rights. In the report, he highlighted the link between the denial of those rights and the marginalization of such groups and how that marginalization exacerbated their inability to effectively exercise their rights. Some of the groups considered to be most at risk were persons with disabilities; youth, including children; women; lesbian, gay, bisexual, transgender and intersex people; members of minority groups; indigenous peoples; internally displaced persons; and non-nationals, including refugees, asylum seekers and migrant workers. For the purpose of the report, the groups most at risk also included groups and individuals who were targeted not because of their identity, but because they actively lobbied for the rights of those most at risk of discrimination and retribution. He noted that human rights defenders, including journalists, trade unionists and environmental activists, faced considerable opposition, harassment, stigmatization and even physical attacks from State and non-State actors in many countries.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Children
- Ethnic minorities
- LGBTQI+
- Persons on the move
- Women
- Year
- 2017
- Date modified
- Feb 14, 2020
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 98ii
- Paragraph text
- [The Special Rapporteur recommends that States:] Ratify all relevant international and regional human rights instruments that guarantee the rights to freedom of peaceful assembly and of association, as well as other rights for workers, including ILO Conventions 87 and 98;
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Person(s) affected
- N.A.
- Year
- 2016
- Date modified
- Feb 14, 2020
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 101iii
- Paragraph text
- [The Special Rapporteur recommends that the International Labour Organization:] Pursue standard setting to address governance gaps with regard to the protection of workers' assembly and association rights in global supply chains.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2016
- Date modified
- Feb 14, 2020
Paragraph
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 26a
- Paragraph text
- In the following sections, the Special Rapporteur provides examples of how fundamentalism can spur intolerance that leads to violations of assembly and association rights, and highlights the responsibilities of States and non-State actors to prevent and remedy the violations. For ease of reference, four overarching categories are used: (a) Market fundamentalism
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2016
- Date modified
- Feb 14, 2020
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 70
- Paragraph text
- The Government of Egypt has shut down civic space, banning virtually all strikes and protests, and is cracking down on journalists and their union. On 1 May 2016, police prevented hundreds of workers from meeting at the union building to commemorate International Workers' Day.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2016
- Date modified
- Feb 14, 2020
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 98ix
- Paragraph text
- [The Special Rapporteur recommends that States:] Devoting particular attention to protecting and promoting the assembly and association rights of migrant workers, who by virtue of their immigration status may lack other mechanisms with which to advance their political, social and economic interests;
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Economic Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2016
- Date modified
- Feb 14, 2020
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 73
- Paragraph text
- States are obligated to protect workers' peaceful assembly and association rights from interference by non-State actors, such as private-sector employers and enterprises. That includes an obligation to take steps to prevent, punish and provide redress abuses through effective law, policies and adjudication. The implementation of the norms is as significant as the norms themselves.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2016
- Date modified
- Feb 14, 2020
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 39
- Paragraph text
- Perhaps the fiercest deterrent to the exercise of the rights to freedom of peaceful assembly and of association for women is gender-based violence, which affects more than 35 per cent of women globally. While violence against women generally is increasingly in the global spotlight, its occurrence at work continues to be neglected or ignored.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Violence
- Person(s) affected
- Women
- Year
- 2016
- Date modified
- Feb 14, 2020
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 53
- Paragraph text
- The International Covenant on Economic, Social and Cultural Rights requires that States ensure that people can organize and join workers' associations that address their concerns, and that particular attention be given to domestic workers, rural women workers, women working in female-dominated industries and women working at home, who are often deprived of that right.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Person(s) affected
- Women
- Year
- 2016
- Date modified
- Feb 14, 2020
Paragraph
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 41
- Paragraph text
- Taking a more inclusive approach to civil society engagement is not just about States abiding by their international human rights obligations. It also brings practical benefits to society by providing an outlet for people to constructively and peacefully contribute on issues that affect their lives.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2016
- Date modified
- Feb 14, 2020
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 54
- Paragraph text
- Both trade unions and the right to strike are fundamental tools to achieving workers' rights, as they provide mechanisms through which workers can stand up for their interests collectively, and engage with big business and government on a more equal footing. The State is obligated to protect these rights for all workers.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2016
- Date modified
- Feb 14, 2020
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 98i
- Paragraph text
- [The Special Rapporteur recommends that States:] Adopt and implement all recommendations contained in his previous reports, recognizing that workers in vulnerable situations are more likely to experience violations of their rights than other groups;
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- N.A.
- Year
- 2016
- Date modified
- Feb 14, 2020
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 26
- Paragraph text
- In some countries administrative or judicial processes are too slow, weak or corrupt. When workers who seek to associate and form a union are fired, they find no effective remedy, either at home against the local firm, or abroad against the lead firm that may have contributed to the violation. Without legal consequences, the situation is unlikely to change.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2016
- Date modified
- Feb 14, 2020
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 102ii
- Paragraph text
- [The Special Rapporteur recommends that the United Nations and multilateral financial institutions:] Adopt and effectively implement performance standards and safeguards in public and private lending and tendering that protect workers' assembly and association rights;
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2016
- Date modified
- Feb 14, 2020
Paragraph
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 94
- Paragraph text
- The Special Rapporteur encourages States and civil society groups to create and expand initiatives to educate people, particularly youth, on the importance of pluralism, tolerance and diversity in democratic societies.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Youth
- Year
- 2016
- Date modified
- Feb 14, 2020
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 100i
- Paragraph text
- [The Special Rapporteur recommends that civil society, including trade unions:] Create alliances across civil society to monitor the effective implementation of these recommendations;
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2016
- Date modified
- Feb 14, 2020
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 72
- Paragraph text
- The Special Rapporteur welcomes the fact that in Slovenia anyone has the freedom to join a trade union, and that a trade union of migrant workers was established and gained legal personality in February 2016.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2016
- Date modified
- Feb 14, 2020
Paragraph
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 25
- Paragraph text
- States' positive duty to "protect" by proactively taking measures to prevent violations includes refraining from acquiescing to or enabling violations, and promoting an environment where all groups are guaranteed equal rights, regardless of the popularity of their views.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2016
- Date modified
- Feb 14, 2020
Paragraph
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 95
- Paragraph text
- The Special Rapporteur recommends that civil society strengthen research, monitoring and documentation of violations of peaceful assembly and association rights in the context of fundamentalism.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Person(s) affected
- N.A.
- Year
- 2016
- Date modified
- Feb 14, 2020
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 44
- Paragraph text
- Gender-based violence at work is a critical human rights violation that prevents the exercise of rights, including the freedoms of peaceful assembly and of association. Yet, despite its prevalence and corrosive impact, not a single binding international standard addresses the issue.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Violence
- Person(s) affected
- N.A.
- Year
- 2016
- Date modified
- Feb 14, 2020
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 25
- Paragraph text
- Lead firms contribute to rights violations through sourcing practices and the threat of exit, should costs increase, and they are usually immune to legal accountability. In most cases, there is no jurisdiction or legal cause of action over the enterprise in its home country for the violations that are eventually carried out by a supplier.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2016
- Date modified
- Feb 14, 2020
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 99ii
- Paragraph text
- [The Special Rapporteur recommends that businesses (including employers, lead firms, subsidiaries, suppliers, franchisees or investors in supply chains):] Refrain from anti-union policies and practices, and reprisals against workers who exercise their peaceful assembly and association rights;
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Economic Rights
- Person(s) affected
- N.A.
- Year
- 2016
- Date modified
- Feb 14, 2020
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 98vi
- Paragraph text
- [The Special Rapporteur recommends that States:] Establish and adequately resource independent mechanisms to monitor the effective protection of assembly and association rights;
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2016
- Date modified
- Feb 14, 2020
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 34
- Paragraph text
- Today only about half of women globally are in the labour force, compared to more than three-quarters of men. Three-quarters of their employment is in informal and unprotected work. That makes women far less likely than men to be in trade unions and enjoy work-related protections, including assembly and association rights.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Person(s) affected
- Men
- Women
- Year
- 2016
- Date modified
- Feb 14, 2020
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 37
- Paragraph text
- Hiring practices also give employers free reign to channel women into low wage, low-status jobs. Women may be concentrated on the global economy's most unprotected positions owing to many employers' belief that women workers are more docile, dexterous or uncomplaining, and will make fewer demands.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Gender
- Person(s) affected
- Women
- Year
- 2016
- Date modified
- Feb 14, 2020
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 98iv
- Paragraph text
- [The Special Rapporteur recommends that States:] Ensure policy coherence through a review and revision of national laws and policies that may adversely impact the full exercise of the rights to freedom of assembly and association;
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2016
- Date modified
- Feb 14, 2020
Paragraph
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 26c
- Paragraph text
- In the following sections, the Special Rapporteur provides examples of how fundamentalism can spur intolerance that leads to violations of assembly and association rights, and highlights the responsibilities of States and non-State actors to prevent and remedy the violations. For ease of reference, four overarching categories are used: (c) Religious fundamentalism
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2016
- Date modified
- Feb 14, 2020
Paragraph
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 44
- Paragraph text
- One of the world's most extreme examples of political fundamentalism can be found in the Democratic People's Republic of Korea. The Workers' Party of Korea, founded by Kim Il-sung and presided over since by his direct descendants, has ruled for nearly 70 years. Opposition political parties are not permitted to exist and challenges to the ruling party are not tolerated. According to the Commission of Inquiry on Human Rights in the Democratic People's Republic of Korea, "the police and security forces of the Democratic People's Republic of Korea systematically employ violence and punishments that amount to gross human rights violations in order to create a climate of fear that pre-empts any challenge to the current system of government and to the ideology underpinning it. The institutions and officials involved are not held accountable. Impunity reigns" (see A/HRC/25/63, para. 56). It is estimated that between 80,000 and 120,000 political prisoners are currently detained (ibid., para. 61). The Human Rights Council has expressed its "grave concern at the detailed findings made by the commission of inquiry in its report, including the denial of the right to freedom of thought, conscience and religion, and of the rights to freedom of opinion, expression and association".
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2016
- Date modified
- Feb 14, 2020
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 100iv
- Paragraph text
- [The Special Rapporteur recommends that civil society, including trade unions:] Continue to advocate for equal opportunity to present their views in consultations with Governments and businesses on matters that affect workers' rights.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- N.A.
- Year
- 2016
- Date modified
- Feb 14, 2020
Paragraph
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 26b
- Paragraph text
- In the following sections, the Special Rapporteur provides examples of how fundamentalism can spur intolerance that leads to violations of assembly and association rights, and highlights the responsibilities of States and non-State actors to prevent and remedy the violations. For ease of reference, four overarching categories are used: (b) Political fundamentalism
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2016
- Date modified
- Feb 14, 2020
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 10
- Paragraph text
- The majority of the world's workers, including informal, women, domestic, migrant and agricultural workers and day labourers, are often excluded from national legal protective frameworks, leaving them unable to exercise their fundamental rights to associate or assemble, and without access to remedies when their rights are violated.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Persons on the move
- Women
- Year
- 2016
- Date modified
- Feb 14, 2020
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 98vii
- Paragraph text
- [The Special Rapporteur recommends that States:] Prohibiting companies that fail to respect assembly and association rights from bidding on public contracts;
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2016
- Date modified
- Feb 14, 2020
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 35
- Paragraph text
- Discrimination, abuse and relegation to jobs at the bottom of the global economy undermine women workers' ability to join and form organizations that defend their interests. Worldwide, women's employment is concentrated in low wage work at the far reaches of the global supply chain where social protections, including those afforded by labour law, are scarce.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- Women
- Year
- 2016
- Date modified
- Feb 14, 2020
Paragraph
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 93
- Paragraph text
- The Special Rapporteur again encourages the Human Rights Committee to consider adopting general comments on articles 21 and 22 of the International Covenant on Civil and Political Rights, with a particular focus on the challenges posed by fundamentalism and groups at risk of being targeted by fundamentalists.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2016
- Date modified
- Feb 14, 2020
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 14
- Paragraph text
- Further, the lack of effective cross-border and national legal and enforcement frameworks rewards and spreads non-compliance, even lawlessness. Violence by State and private actors against trade unionists, rights activists and peacefully striking workers often deals the final blow to workers' attempts to exercise their assembly and association rights.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2016
- Date modified
- Feb 14, 2020
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 48
- Paragraph text
- Paid domestic work is the quintessential precarious work. Examples of laws that differentiate domestic workers from other workers abound. The United Kingdom excludes domestic workers from limits on hours of work, minimum wage and health and safety provisions. Canada, Finland Japan and Switzerland similarly exclude domestic workers from minimum wage legislation.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- N.A.
- Year
- 2016
- Date modified
- Feb 14, 2020
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 57
- Paragraph text
- ILO, as the only global tripartite institution, plays a unique role in setting standards on fundamental principles and rights at work. Core ILO labour conventions include the Freedom of Association and Protection of the Right to Organize, 1948 (No. 87), which calls on States to prevent discrimination against trade unions, protect employers' and workers' organizations against mutual interference and promote collective bargaining; and the Right to Organize and Collective Bargaining Convention, 1949 (No. 98), which protects workers who are exercising their right to organize, upholds the principle of non-interference between workers' and employers' organizations and promotes voluntary collective bargaining. These foundational rights are essential to the protection of other core labour rights. ILO signatory States are obliged to respect principles of freedom of association whether or not they have ratified the appropriate conventions. The ILO Decent Work Agenda calls on countries to respect core conventions, provide for social protection, create decent jobs and engage in genuine social (tripartite) dialogue. Also of relevance, the ILO Domestic Workers Convention, 2011 (No. 189) sets standards for the effective promotion and protection of domestic workers' human rights.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2016
- Date modified
- Feb 14, 2020
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 19
- Paragraph text
- Today, an estimated 60.7 per cent of the world's workers labour in the informal economy, where employment relationships are not legally regulated or socially protected (another 13 per cent work on fixed-term contracts). In some developing countries, informal jobs comprise up to 90 per cent of available work.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- N.A.
- Year
- 2016
- Date modified
- Feb 14, 2020
Paragraph
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 32
- Paragraph text
- Despite this, the Special Rapporteur has observed many instances where State laws and practices favour - whether through action or inaction - the free market fundamentalist approach.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2016
- Date modified
- Feb 14, 2020
Paragraph
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 46
- Paragraph text
- The enforcement of one-party political structures in Eritrea (see A/HRC/29/42, para. 34), Viet Nam (see A/HRC/27/72, cases VNM4/2014 and VNM 5/2014) and the Lao People's Democratic Republic (see A/HRC/26/21, case LAO 2/2013) also pose grave challenges to the enjoyment of assembly and association rights.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2016
- Date modified
- Feb 14, 2020
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 101i
- Paragraph text
- [The Special Rapporteur recommends that the International Labour Organization:] Pursue standard setting to ensure that workers in informal employment can enjoy the right to freedom of association and to bargain collectively;
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- N.A.
- Year
- 2016
- Date modified
- Feb 14, 2020
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 98viii
- Paragraph text
- [The Special Rapporteur recommends that States:] Ensuring the availability of effective judicial or other appropriate remedies for the violation of peaceful assembly and association rights that are available to all and are not subject to migration status;
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2016
- Date modified
- Feb 14, 2020
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 46
- Paragraph text
- Many countries do not recognize domestic labourers as "workers" under the law, meaning that they have little ability to exercise their assembly and association rights at work. Roughly 90 per cent of domestic workers lack effective social protections, leaving them and their families in economically and socially vulnerable situations.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Families
- Year
- 2016
- Date modified
- Feb 14, 2020
Paragraph
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 30
- Paragraph text
- The Special Rapporteur does not report on the accuracy of these theories or of competing ideas. Rather, he is concerned about situations where adherents to free market principles become so dogmatic that they infringe upon the assembly and association rights of those who hold competing views.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2016
- Date modified
- Feb 14, 2020
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 56
- Paragraph text
- The right to strike has been established in international law for decades, in global and regional instruments, and is also enshrined in the constitutions of at least 90 countries. The right to strike has, in fact, become customary international law.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2016
- Date modified
- Feb 14, 2020
Paragraph
The rights to freedom of peaceful assembly and of association in the context of natural resource exploitation projects 2015, para. 74b
- Paragraph text
- [The Special Rapporteur recommends that civil society:] Strengthen research, monitoring and documentation capacity of violations of peaceful assembly and association rights in the context of natural resource exploitation;
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Environment
- Person(s) affected
- N.A.
- Year
- 2015
- Date modified
- Feb 14, 2020
Paragraph
Comparative study of enabling environments for associations and businesses 2015, para. 43
- Paragraph text
- In Oman, the Ministry of Social Development, which is charged with overseeing the mandatory registration of associations, only registers entities falling into one of four identified thematic categories. Associations outside those thematic areas cannot register, nor can associations whose objectives are deemed "too similar" to an existing association.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- N.A.
- Year
- 2015
- Date modified
- Feb 14, 2020
Paragraph
The rights to freedom of peaceful assembly and of association in the context of natural resource exploitation projects 2015, para. 34
- Paragraph text
- Legal mechanisms, such as injunctions, civil damages and trespass and defamation suits, are often used to curtail the work of civil society organizations and individuals engaged in defending rights in the context of natural resource exploitation. The increasing use of socalled "strategic litigation against public participation" suits is of concern because of the chilling effect the proceedings may have on the legitimate expression of dissent or opposition, including through peaceful protest. These suits may be brought by corporations against individuals or associations that are critical of natural resource exploitation activities in order to intimidate them or deter them from their work by burdening them with litigation costs and damages they may be unable to pay. The Special Rapporteur emphasizes that an independent judiciary should play a positive role in recognizing and upholding international human rights standards , especially in contexts where human rights defenders and communities are subjected to legal proceedings for exercising their rights to freedom of peaceful assembly and association.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Environment
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2015
- Date modified
- Feb 14, 2020
Paragraph
Comparative study of enabling environments for associations and businesses 2015, para. 55
- Paragraph text
- In Malaysia, societies are required to provide the Registrar of Societies annually with a detailed list of internal information, including accounts and a description of any money or property received from foreign entities. The audit and reporting requirements for businesses are comparatively light, consisting only of basic annual reports, auditing and minutes of shareholders meetings.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2015
- Date modified
- Feb 14, 2020
Paragraph
Comparative study of enabling environments for associations and businesses 2015, para. 73
- Paragraph text
- Some States also impose general restrictions that affect associations' ability to access domestic resources. Azerbaijan, for example, prohibits anonymous donations, no matter how small, creating the absurd situation where associations cannot accept a contribution of spare change in a donation box without documenting the donor's identity.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
- Date modified
- Feb 14, 2020
Paragraph
The rights to freedom of peaceful assembly and of association in the context of natural resource exploitation projects 2015, para. 74d
- Paragraph text
- [The Special Rapporteur recommends that civil society:] Continue to advocate for binding norms to ensure compliance by corporations to internationally agreed human rights standards.;
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
- Date modified
- Feb 14, 2020
Paragraph
The rights to freedom of peaceful assembly and of association in the context of natural resource exploitation projects 2015, para. 24e
- Paragraph text
- [A notable shortcoming of the voluntary obligations for corporations is that they do not go far enough in ensuring that both States and businesses are held accountable for any failures to comply with them, nor do they encourage robust oversight by Governments of actions by businesses that may violate human rights. Several documents set out voluntary human rights obligations for companies in relation to human rights in general and the rights to freedom of peaceful assembly and of association in particular. These include:] The Organization for Economic Cooperation and Development Guidelines for Multinational Companies, non-binding principles and standards recommended by adhering States for responsible business conduct. The Guidelines are actively promoted by Governments through national contact points, which also provide mediation and conciliation platforms to resolve issues that may arise. Enterprises are encouraged to respect internationally recognized human rights norms and support the promotion of respect for the freedoms of expression, assembly and association online. The recommendations largely mirror those contained in the Guiding Principles on Business and Human Rights discussed above.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
- Date modified
- Feb 14, 2020
Paragraph
Comparative study of enabling environments for associations and businesses 2015, para. 60
- Paragraph text
- There is a notable absence of reports of States targeting businesses for surveillance within their own jurisdictions - though some State security agencies have been accused of spying on foreign companies on behalf of domestic businesses. Moreover, spying or hacking that targets businesses is often viewed as a national security threat, with many States utilizing substantial resources to combat it.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
- Date modified
- Feb 14, 2020
Paragraph
Comparative study of enabling environments for associations and businesses 2015, para. 70
- Paragraph text
- Ethiopia prohibits domestic NGOs working in certain rights-based areas from receiving more than 10 per cent of their funding from foreign sources. Restrictions on foreign investment for businesses are far less burdensome, perhaps best illustrated by the fact that Ethiopia has seen an astonishing 1,500 per cent increase in foreign direct investment in the past seven years.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
- Date modified
- Feb 14, 2020
Paragraph
Comparative study of enabling environments for associations and businesses 2015, para. 92
- Paragraph text
- In the multilateral arena, the World Bank publishes its annual Doing Business report, a massive undertaking that provides "objective measures of business regulations for local firms in 189 economies and selected cities at the subnational level". This informative and detailed report is seen as essential reading for foreign investors, yet no multilateral agency produces a similar report for associations.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
- Date modified
- Feb 14, 2020
Paragraph
Comparative study of enabling environments for associations and businesses 2015, para. 109a
- Paragraph text
- [The Special Rapporteur calls upon States:] To ensure that businesses and associations are treated equitably by laws and practices regulating, inter alia, registration, dissolution, taxes, political activity and contributions, auditing and reporting, access to resources, including foreign financial resources, and peaceful assembly;
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
- Date modified
- Feb 14, 2020
Paragraph
The rights to freedom of peaceful assembly and of association in the context of natural resource exploitation projects 2015, para. 26
- Paragraph text
- Initiatives such as the Extractive Industries Transparency Initiative and the Open Government Partnership enshrine the role of citizens in policymaking processes, including those related to natural resource governance.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Environment
- Person(s) affected
- N.A.
- Year
- 2015
- Date modified
- Feb 14, 2020
Paragraph
Comparative study of enabling environments for associations and businesses 2015, para. 94
- Paragraph text
- Privileged access for business also extends to multilateral decision-making bodies, where for-profit entities are often favoured. The Special Rapporteur has noted previously that the business community, particularly large corporate interests, are playing an increasingly dominant role at the multilateral level compared to civil society, including in the post-2015 development agenda processes.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
- Date modified
- Feb 14, 2020
Paragraph
Comparative study of enabling environments for associations and businesses 2015, para. 74
- Paragraph text
- The ability to access resources is inherent to the right to freedom of association, and any restrictions imposed must be necessary and proportional. The restrictions cited above fail to meet this test and their failure to do so is even more glaring when viewed beside the comparatively liberal rules governing business investment in the same States.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2015
- Date modified
- Feb 14, 2020
Paragraph
Comparative study of enabling environments for associations and businesses 2015, para. 93
- Paragraph text
- Businesses may also have privileged access to law-making procedures and trade treaty negotiations. Negotiations for the multilateral Anti-Counterfeiting Trade Agreement, for example, were allegedly conducted in secret, but an advisory committee of large United States-based multinational corporations was consulted on a draft of the agreement.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
- Date modified
- Feb 14, 2020
Paragraph
Comparative study of enabling environments for associations and businesses 2015, para. 104
- Paragraph text
- The Special Rapporteur reiterates the legitimacy of expressive assemblies held by civil society organizations vis-à-vis corporate events, interests or property. A proper balancing of competing interests should be informed by objective criteria in accordance with international law.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
- Date modified
- Feb 14, 2020
Paragraph
Comparative study of enabling environments for associations and businesses 2015, para. 50
- Paragraph text
- The Special Rapporteur sees differential treatment of businesses' and associations' political activity as a form of discrimination against civil society which constitutes a violation of the rights to freedom of association and to take part in public affairs. Moreover, different rules for each sector can lead to disparate access to decision makers, favouring those who are allowed to contribute.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- N.A.
- Year
- 2015
- Date modified
- Feb 14, 2020
Paragraph
Comparative study of enabling environments for associations and businesses 2015, para. 110b
- Paragraph text
- [The Special Rapporteur calls upon the United Nations, other multilateral organizations and donors specifically:] For donors to ensure that organizational policies, particularly reporting requirements, do not impose excessive administrative and reporting burdens upon recipient associations, particularly small organizations;
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
- Date modified
- Feb 14, 2020
Paragraph
Comparative study of enabling environments for associations and businesses 2015, para. 105
- Paragraph text
- The Special Rapporteur has observed stark and significant differences in the treatment of businesses and of associations, particularly with regard to the respective environments in which they operate. States often go to great lengths to create the best possible environment for commercial activities. They rarely go so far for associations.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
- Date modified
- Feb 14, 2020
Paragraph
Comparative study of enabling environments for associations and businesses 2015, para. 46
- Paragraph text
- Broad categorical restrictions on associations' geographic scope or types of activity are inherently suspicious. Indeed, they should be viewed as prima facie violations of international law, because pre-emptive and comprehensive bans on certain categories of work do not conform to the limitations set forth in international law.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
- Date modified
- Feb 14, 2020
Paragraph
Comparative study of enabling environments for associations and businesses 2015, para. 109f
- Paragraph text
- [The Special Rapporteur calls upon States:] To treat the enjoyment of fundamental human rights, including to freedom of peaceful assembly and of association, as a national strategic interest warranting broadly the same attention, efforts and financing as other strategic national interests, such as national defence;
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
- Date modified
- Feb 14, 2020
Paragraph
The rights to freedom of peaceful assembly and of association in the context of natural resource exploitation projects 2015, para. 76
- Paragraph text
- He recommends that national human rights institutions consider increased investigation, research, monitoring and documentation of violations of peaceful assembly and association rights and providing avenues for redress where feasible.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Person(s) affected
- N.A.
- Year
- 2015
- Date modified
- Feb 14, 2020
Paragraph
Comparative study of enabling environments for associations and businesses 2015, para. 57
- Paragraph text
- The Special Rapporteur notes with approval the audit regime in Namibia, which establishes substantially similar requirements for associations and businesses. He considers it best practice to institute simplified auditing and reporting procedures for associations, such as in Nicaragua, which may not have the financial and human resources to comply with more complex financial regulations.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
- Date modified
- Feb 14, 2020
Paragraph
The rights to freedom of peaceful assembly and of association in the context of natural resource exploitation projects 2015, para. 25
- Paragraph text
- Many States consider that their obligations in relation to human rights apply only within their borders. In recent years, efforts have been made to highlight States' extraterritorial obligations, which are inherent in international human rights law. The Maastricht Principles on Extraterritorial Obligations of States in the area of Economic, Social and Cultural Rights were compiled by international experts as a restatement of international law clarifying States' extraterritorial obligations. Although conceived in relation to economic, social and cultural rights, the principles are also applicable to civil and political rights. Of interest to the Special Rapporteur is the obligation for States to adopt and enforce measures to realize rights not only where the threat or harm occurs within their territory, but also "where the corporation or its parent or controlling company, has its center of activity, is registered or domiciled, or has its main place of business or substantial business activities, in the State concerned" (principle 25 (c)). Broadening the concept of responsibility to include more than one State not only strengthens underlying rights, it also increases the chances of victims obtaining redress when violations occur.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- N.A.
- Year
- 2015
- Date modified
- Feb 14, 2020
Paragraph
Comparative study of enabling environments for associations and businesses 2015, para. 51
- Paragraph text
- The Special Rapporteur favours laws which treat businesses and associations equally when it comes to regulating political contributions and activities, such as in Indonesia (the same rules govern political contributions from each sector), the Republic of Korea (both sectors are prohibited from making political donations) and France (all "legal persons" are prohibited from making political contributions).
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
- Date modified
- Feb 14, 2020
Paragraph
The rights to freedom of peaceful assembly and of association in the context of natural resource exploitation projects 2015, para. 74c
- Paragraph text
- [The Special Rapporteur recommends that civil society:] Increase and enhance engagement and participation in multi-stakeholder initiatives, through which civil society has the opportunity to engage in decision-making on natural resource governance;
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
- Date modified
- Feb 14, 2020
Paragraph
The rights to freedom of peaceful assembly and of association in the context of natural resource exploitation projects 2015, para. 74e
- Paragraph text
- [The Special Rapporteur recommends that civil society:] Strengthen solidarity among civil society in host States and States of origin to raise awareness of violations and coordinate advocacy for accountability.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
- Date modified
- Feb 14, 2020
Paragraph
Comparative study of enabling environments for associations and businesses 2015, para. 110d
- Paragraph text
- [The Special Rapporteur calls upon the United Nations, other multilateral organizations and donors specifically:] To commission further research on the subject of sectoral equity, so that unjustifiable inequitable treatment can continue to be identified, analysed and reduced.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- N.A.
- Year
- 2015
- Date modified
- Feb 14, 2020
Paragraph
Comparative study of enabling environments for associations and businesses 2015, para. 41
- Paragraph text
- Media and telecommunications entities, whether for-profit or non-profit, frequently face obstacles to their operations. Singapore, despite being one of the freest business environments in the world, limits foreign involvement in telecommunications and the domestic news media.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
- Date modified
- Feb 14, 2020
Paragraph
Comparative study of enabling environments for associations and businesses 2015, para. 98
- Paragraph text
- Maldives, however, excludes certain activities from the ambit of the law, namely business, sports and cultural activities, even while affirming the right to freedom of peaceful assembly for individuals and legal entities.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2015
- Date modified
- Feb 14, 2020
Paragraph
Comparative study of enabling environments for associations and businesses 2015, para. 109g
- Paragraph text
- [The Special Rapporteur calls upon States:] To initiate and welcome regular dialogue and engagement with civil society to discuss issues of concern to them.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
- Date modified
- Feb 14, 2020
Paragraph
Comparative study of enabling environments for associations and businesses 2015, para. 109d
- Paragraph text
- [The Special Rapporteur calls upon States:] To take proactive measures to increase civil society's access to power and participation in high-level decision-making processes, including during the consideration of new legislation and treaties, and particularly for social movements and grass-roots associations;
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
- Date modified
- Feb 14, 2020
Paragraph
The rights to freedom of peaceful assembly and of association in the context of natural resource exploitation projects 2015, para. 22
- Paragraph text
- Although States often refer to the permissible limitations embedded in the provisions and instruments cited above, the Special Rapporteur reiterates that the rights to freedom of peaceful assembly and of association should be viewed as the rule and the limitations as the exception (see A/HRC/20/27, para. 16). States may only limit the rights in strictly defined circumstances necessitated by narrowly defined "legitimate reasons". Such restrictions must be prescribed by law and are necessary in a democratic society in the interests of national security or public safety, public order, the protection of public health or morals or the protection of the rights and freedoms of others. They must also be proportionate to the pursuance of legitimate aims. Thus, a blanket prohibition of protests outside business premises or surrounding the operations of mining, resource and forestry companies would be unjustifiable under the International Covenant on Civil and Political Rights. Similarly, broad definitions of "vital installations" or "national interests" that encompass business premises engaged in natural resource exploitation, with a view to shielding them from peaceful assemblies, would not meet international human rights law standards.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
- Date modified
- Feb 14, 2020
Paragraph
The rights to freedom of peaceful assembly and of association in the context of natural resource exploitation projects 2015, para. 27
- Paragraph text
- The objective of the Extractive Industries Transparency Initiative is to promote openness and accountability in the management of natural resource exploitation through a global standard. Implementation and monitoring of the standard is overseen by an international board and national multi-stakeholder groups, consisting of representatives from Governments, companies and civil society representatives. The underlying rationale is that the management of natural resources in any country is a shared interest and can only be effective when all stakeholders have access to relevant information and are able to act on this information to promote sustainable economic and social development. To achieve the objectives of the Initiative, implementing countries are required, among other things, to ensure that an enabling environment exists for civil society to engage in the process and express views related to natural resource governance, including in relation to laws, regulations and administrative rules and practice. In its civil society protocol, the Initiative outlines that the rights of civil society to expression, operation, association, engagement and access to public decision-making in the implementing countries must be respected.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2015
- Date modified
- Feb 14, 2020
Paragraph
Comparative study of enabling environments for associations and businesses 2015, para. 109e
- Paragraph text
- [The Special Rapporteur calls upon States:] To ensure that trade treaties incorporate respect for fundamental human rights, including the rights to freedom of peaceful assembly and of association, and particularly as these rights apply to trade unions;
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Person(s) affected
- N.A.
- Year
- 2015
- Date modified
- Feb 14, 2020
Paragraph
Comparative study of enabling environments for associations and businesses 2015, para. 111a
- Paragraph text
- [The Special Rapporteur calls upon businesses and civil society:] To recognize the broad convergence of their interests in the areas of government transparency and the rule of law, and elsewhere, and increase partnerships so that both sectors can work together towards those common goals;
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
- Date modified
- Feb 14, 2020
Paragraph
Comparative study of enabling environments for associations and businesses 2015, para. 111b
- Paragraph text
- [The Special Rapporteur calls upon businesses and civil society:] For civil society, to consider the principle of sectoral equity when analysing and reporting on violations of the rights to freedom of peaceful assembly and of association.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Person(s) affected
- N.A.
- Year
- 2015
- Date modified
- Feb 14, 2020
Paragraph
The rights to freedom of peaceful assembly and of association in the context of natural resource exploitation projects 2015, para. 24c
- Paragraph text
- [A notable shortcoming of the voluntary obligations for corporations is that they do not go far enough in ensuring that both States and businesses are held accountable for any failures to comply with them, nor do they encourage robust oversight by Governments of actions by businesses that may violate human rights. Several documents set out voluntary human rights obligations for companies in relation to human rights in general and the rights to freedom of peaceful assembly and of association in particular. These include:] The Voluntary Principles on Security and Human Rights, designed specifically for the extractive industries sector, to help companies maintain the safety and security of their operations while maintaining respect for human rights. The Voluntary Principles acknowledge the primary role of Governments for maintaining law and order and ensuring human rights. Furthermore, the Principles state that companies should use their influence (i) to ensure that individuals implicated in human rights abuses do not provide security services for companies; (ii) to limit the use of force to circumstances when it is strictly necessary and to an extent proportional to the threat; and (iii) to ensure that the human rights of individuals are not violated, including the rights to freedom of peaceful assembly and of association;
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Environment
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
- Date modified
- Feb 14, 2020
Paragraph
The rights to freedom of peaceful assembly and of association in the context of natural resource exploitation projects 2015, para. 75
- Paragraph text
- The Special Rapporteur recommends that financial institutions (international and national) ensure that their investment choices do not encourage or support the violation of peaceful assembly and association rights.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- N.A.
- Year
- 2015
- Date modified
- Feb 14, 2020
Paragraph
Comparative study of enabling environments for associations and businesses 2015, para. 37
- Paragraph text
- Similarly, in Egypt, the Minister of Social Affairs may dissolve an association if, among other things: it acquires or sends funds abroad, violates public order or morals, or affiliates with a foreign organization. The Company Law of Egypt does not provide similar bases for the involuntary dissolution of business entities, nor are certain of the above-listed activities illegal for companies.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
- Date modified
- Feb 14, 2020
Paragraph
The rights to freedom of peaceful assembly and of association in the context of natural resource exploitation projects 2015, para. 24b
- Paragraph text
- [A notable shortcoming of the voluntary obligations for corporations is that they do not go far enough in ensuring that both States and businesses are held accountable for any failures to comply with them, nor do they encourage robust oversight by Governments of actions by businesses that may violate human rights. Several documents set out voluntary human rights obligations for companies in relation to human rights in general and the rights to freedom of peaceful assembly and of association in particular. These include:] The Guiding Principles on Business and Human Rights, endorsed by the Human Rights Council in 2011, which set out three pillars to the relationship between business and human rights. Firstly, States have the obligation to respect, protect and fulfil human rights and they should do this by taking measures that ensure businesses respect human rights, including by promoting and enforcing enabling laws and policies. Secondly, business enterprises have the obligation to respect internationally recognized human rights. Thirdly, States are required to ensure that victims of human rights violations have access to effective remedies including judicial and non-judicial remedies (Guiding Principles 25-28);
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
- Date modified
- Feb 14, 2020
Paragraph
Comparative study of enabling environments for associations and businesses 2015, para. 99
- Paragraph text
- Despite the neutrality of most laws, assemblies by civil society organizations are more likely to be restricted in practice than those held by businesses. This can be largely explained by the deference afforded by States to economic considerations over other interests. Additionally, civil society gatherings are more likely to be organized to challenge power.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
- Date modified
- Feb 14, 2020
Paragraph
The rights to freedom of peaceful assembly and of association in the context of natural resource exploitation projects 2015, para. 36
- Paragraph text
- The obligations of States to ensure the respect of human rights by corporations engaged in natural resource exploitation in their own territory is clear. Less well-developed and understood are the extraterritorial obligations of States arising from the international human rights standards to which they have voluntarily acceded. At a minimum, States of origin should ensure that victims of human rights violations have effective judicial remedies. Doing so also entails a monitoring responsibility to ensure that companies operating abroad adhere to international human rights standards. States from the global North and Brazil, China, India, the Russian Federation and South Africa, where many of the companies engaged in natural resource exploitation around the world are domiciled, have an especially important role to play in this regard. For example, civil society groups in Latin America have in public hearings at the Inter-American Commission on Human Rights highlighted the significant role of Canadian companies in human rights violations in the region, and the support provided by the Government of Canada, despite these allegations.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
- Date modified
- Feb 14, 2020
Paragraph
Comparative study of enabling environments for associations and businesses 2015, para. 71
- Paragraph text
- The Russian Federation requires associations receiving foreign funds and engaging in vaguely defined "political activity" to register as "foreign agents", which carries the connotation that they are spies. Yet as recently as 2013, one United Nations study ranked the Russian Federation as the world's third most successful country in attracting foreign capital.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
- Date modified
- Feb 14, 2020
Paragraph
Comparative study of enabling environments for associations and businesses 2015, para. 39
- Paragraph text
- Associations commonly experience harsher treatment than businesses in the regulation of their operations and activities. Those difficulties, which often violate their right to freely carry out their activities, include stricter limits on the scope, or location, of work; more restrictions on political contributions; more intrusive audit and reporting requirements; and targeted harassment or reprisals.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2015
- Date modified
- Feb 14, 2020
Paragraph
Ability of associations to access financial resources as a vital part of the right to freedom of association & Ability to hold peaceful assemblies as an integral component of the right to freedom of peaceful assembly 2013, para. 38
- Paragraph text
- The transparency and accountability argument has, in some other cases, been used to exert extensive scrutiny over the internal affairs of associations, as a way of intimidation and harassment. The Special Rapporteur warns against frequent, onerous and bureaucratic reporting requirements, which can eventually unduly obstruct the legitimate work carried out by associations. Controls need therefore to be fair, objective and non-discriminatory, and not be used as a pretext to silence critics. Composition of the supervisory body also needs to be independent from the executive power to ensure its decisions are not arbitrary. The Special Rapporteur is of the view that if an association fails to comply with its reporting obligations, such minor violation of the law should not lead to the closure of the association (e.g. Belarus) or criminal prosecution of its representative (e.g. Egypt); rather, the association should be requested to promptly rectify its situation. Only this approach corresponds to the spirit and the letter of freedom of association.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2013
- Date modified
- Feb 14, 2020
Paragraph
Comparative study of enabling environments for associations and businesses 2015, para. 26
- Paragraph text
- The Special Rapporteur considers as best practice registration procedures which are simple, non-onerous or even free of charge and expeditious. Registration should follow a "notification procedure" (rather than a "prior authorization procedure"), allowing associations to automatically receive legal personality as soon as they notify the authorities.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
- Date modified
- Feb 14, 2020
Paragraph
Ability of associations to access financial resources as a vital part of the right to freedom of association & Ability to hold peaceful assemblies as an integral component of the right to freedom of peaceful assembly 2013, para. 14
- Paragraph text
- The Special Rapporteur believes domestic, foreign and international donors also have responsibilities. Donors should pay due attention to the local political, social and economic context in which associations operate, particularly associations working with grassroots communities, marginalized and vulnerable peoples, and on "unpopular" or cutting-edge issues. Donors should also respect the autonomy of civil society organizations so that associations can address the needs and concerns of the population. The Special Rapporteur deeply regrets that some domestic public donors exclusively fund associations which support Government policies, despite the fact that the right to freedom of association, which is an essential component of democracy, underlies a pluralism of views. The Special Rapporteur also invites donors to diversify funding beneficiaries, and when applicable, take appropriate action to support associations facing undue restrictions.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2013
- Date modified
- Feb 14, 2020
Paragraph
Ability of associations to access financial resources as a vital part of the right to freedom of association & Ability to hold peaceful assemblies as an integral component of the right to freedom of peaceful assembly 2013, para. 79
- Paragraph text
- The Special Rapporteur considers the two issues discussed in the present report to be critical for the enjoyment of the rights to freedom of peaceful assembly and of association. He expresses serious concern that undue barriers to funding are put in place, especially in a climate of harassment and exclusion of civil society actors on one hand, and in the context of a global financial crisis on the other. It is crucial that civil society not bear any more restrictions and obligations than private corporate bodies, for instance, in these areas. In a framework of ongoing democratic reforms in several countries across the world and of discussions related to the post-2015 Millennium Development Goals Agenda, he believes States have the obligation to facilitate, not restrict, access for associations to funding, including from foreign sources, so that they can effectively take part in the democratic process and enrich post-Millennium Development Goals talks, and ultimately contribute to development.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2013
- Date modified
- Feb 14, 2020
Paragraph
Comparative study of enabling environments for associations and businesses 2015, para. 27
- Paragraph text
- Registration laws should be non-discriminatory, relevant to legitimate State interests and not place excessive discretion in the hands of the authorities. Best practice dictates that States should not judge the purpose of an association when registering it, so long as it complies with international law.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
- Date modified
- Feb 14, 2020
Paragraph
Ability of associations to access financial resources as a vital part of the right to freedom of association & Ability to hold peaceful assemblies as an integral component of the right to freedom of peaceful assembly 2013, para. 16
- Paragraph text
- In communication No. 1274/2004, the Human Rights Committee observed that "the right to freedom of association relates not only to the right to form an association, but also guarantees the right of such an association freely to carry out its statutory activities. The protection afforded by article 22 extends to all activities of an association […]." Accordingly, fundraising activities are protected under article 22 of the Covenant, and funding restrictions that impede the ability of associations to pursue their statutory activities constitute an interference with article 22. Other United Nations treaty bodies have emphasized the obligation of States to allow civil society to seek, secure, and utilize resources, including from foreign sources. The Committee on Economic, Social, and Cultural Rights highlighted this issue when it expressed "deep concern" with Egypt's Law No. 153 of 1999, which "gives the Government control over the right of NGOs to manage their own activities, including seeking external funding."
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2013
- Date modified
- Feb 14, 2020
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the context of elections 2013, para. 32
- Paragraph text
- In the light of the fact that political parties have a decision-making role in ensuring pluralism and the proper functioning of democracy, a presumption in favour of formation of political parties means that adverse decisions should be strictly justified in accordance with the standards established by article 22 of the International Covenant on Civil and Political Rights in relation to proportionality and necessity in a democratic society. As for the right to freedom of peaceful assembly, the Special Rapporteur believes that the proportionality and necessity test should be stricter in times of elections. In 2011, concerns were expressed about the case of a few Saudi citizens who submitted a request for recognition of what could have been Saudi Arabia's first political party, and who were a few days later arrested and requested to sign an undertaking that they would renounce their activities with the party. Those who refused to do so were placed in detention. The Special Rapporteur considers this to be an example of a blatant violation of the right to freedom of association. By all means, political parties whose applications have been rejected should be provided the opportunity to seek remedy before an independent and impartial court (A/HRC/20/27, paras. 60-61).
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2013
- Date modified
- Feb 14, 2020
Paragraph
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. 65
- Paragraph text
- The lived experiences of members of groups most at risk may be problematic even where legislation promotes equality and non-discrimination, due to practices that threaten and impede the enjoyment of the right to freedom of association. Such practices can lead to the marginalization of groups already disadvantaged in their exercise of the right to freedom of association. The conditions of work for migrant domestic workers, for example, are often characterized by isolation and dependence. This is reinforced by unfamiliarity with the work environment of the host country and a lack of basic support structures, which then encourage bad practices by employers, such as restricting the freedom to leave the workplace. Women migrant workers face gender-based violence and abuse, and migrant domestic workers in irregular situations are further at risk of deportation. They are therefore even less likely to speak out against exploitation and abuse. In these circumstances, migrant workers are faced with considerable obstacles in their efforts to form associations that cater for their interests. Refugees and asylum seekers find themselves in a similar situation where the fear of their status being revoked has a chilling effect on their ability to mobilize.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Movement
- Person(s) affected
- Persons on the move
- Women
- Year
- 2014
- Date modified
- Feb 14, 2020
Paragraph
Ability of associations to access financial resources as a vital part of the right to freedom of association & Ability to hold peaceful assemblies as an integral component of the right to freedom of peaceful assembly 2013, para. 34
- Paragraph text
- Finally, the Special Rapporteur is concerned that in most cases, States which restrict or stigmatize foreign funding under the guise of preservation of sovereignty are also those which limit access to domestic funding or which subject associations to discriminatory treatment due to the thematic area they focus on. Where domestic funding is scarce or unduly restricted, it is critical for associations to be free to rely on foreign assistance in order to carry out their activities. The Special Rapporteur recalls again that "governments must allow access by NGOs to foreign funding as a part of international cooperation to which civil society is entitled, to the same extent as Governments". He believes that States must demonstrate a change in mentality by highlighting that funding associations contribute to the development of a flourishing, diversified and independent civil society, which is characteristic of a dynamic democracy.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2013
- Date modified
- Feb 14, 2020
Paragraph
Comparative study of enabling environments for associations and businesses 2015, para. 20b
- Paragraph text
- [In the present report the Special Rapporteur examines law and practice in a number of Member States, in five areas which are essential to build an enabling environment for both businesses and associations:] Regulation of operations;
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
- Date modified
- Feb 14, 2020
Paragraph
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. 18
- Paragraph text
- [Various international law instruments point to particular principles and measures that States should adopt in order to achieve non-discrimination and equality. For example, States should:] Take measures to protect and promote the rights of minorities and their identity and take positive action to help minority cultures flourish;
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Ethnic minorities
- Year
- 2014
- Date modified
- Feb 14, 2020
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the context of elections 2013, para. 43
- Paragraph text
- The Special Rapporteur stresses that the right to freedom of association necessarily entails the freedom of associations to decide and engage in activities of their own choosing and this extends to those wishing to engage in election-related activities. Thus, among other liberties, associations have the freedom to advocate for electoral and broader policy reforms; to discuss issues of public concern and contribute to public debate; to monitor and observe election processes; to report on human rights violations and electoral fraud; to initiate polls and surveys, such as those conducted during the voting process; to freely access the media, including new media, such as the Internet; to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or online; to build coalitions and networks with other organizations, including from abroad; to engage in fundraising activities; to engage in election observation, voter education and the inspection of voters' rolls; to interact with international and regional human rights bodies; and to provide any forms of technical assistance and international cooperation.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2013
- Date modified
- Feb 14, 2020
Paragraph
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. 18
- Paragraph text
- [Various international law instruments point to particular principles and measures that States should adopt in order to achieve non-discrimination and equality. For example, States should:] Contribute to the national, economic and social development processes of internally displaced people.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Persons on the move
- Year
- 2014
- Date modified
- Feb 14, 2020
Paragraph
Comparative study of enabling environments for associations and businesses 2015, para. 20c
- Paragraph text
- [In the present report the Special Rapporteur examines law and practice in a number of Member States, in five areas which are essential to build an enabling environment for both businesses and associations:] Access to resources;
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
- Date modified
- Feb 14, 2020
Paragraph
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. 61
- Paragraph text
- The right to freedom of association extends to cross-border or international collaboration between associations and their membership. Indeed, the United Nations Declaration on the Rights of Indigenous Peoples acknowledges the right of indigenous peoples divided by international borders to maintain and develop contacts, relations and cooperation, including activities for spiritual, cultural, political, economic and social purposes, with their own members as well as other peoples across borders (art. 36). That right can, however, be in tension with laws regulating cross-border activities such as immigration and trade. For example, pastoralist communities whose territories or means of livelihood straddle international borders often do not use formal border crossing points or possess the necessary administrative documentation such as passports. The Special Rapporteur is unconvinced that border control laws should automatically trump their ability to maintain their cultural lifestyles. He believes that States have an obligation to facilitate the free movement of such communities, including by adopting special measures recognizing cross-border movements in the context of transhumance.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2014
- Date modified
- Feb 14, 2020
Paragraph
Ability of associations to access financial resources as a vital part of the right to freedom of association & Ability to hold peaceful assemblies as an integral component of the right to freedom of peaceful assembly 2013, para. 50
- Paragraph text
- In this connection, the Special Rapporteur highlights again the existence of "presumption in favour of holding peaceful assemblies," as was first stressed by the OSCE Office for Democratic Institutions and Human Rights (ODIHR) Panel of Experts on Freedom of Peaceful Assembly and the Council of Europe's European Commission for Democracy through Law (the Venice Commission). This means that an assembly should be presumed lawful and deemed as not constituting a threat to public order. Such presumption should apply to everyone, without any discrimination, and should be "clearly and explicitly established in the law, enshrined either in constitutions or in laws governing peaceful assemblies" (A/HRC/20/27, para. 26). The Special Rapporteur believes that unclear legal provisions should be clarified, and that in the absence of clarity, such provisions should be interpreted in favour of those wishing to exercise their right to freedom of peaceful assembly.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Person(s) affected
- All
- Year
- 2013
- Date modified
- Feb 14, 2020
Paragraph
Comparative study of enabling environments for associations and businesses 2015, para. 29
- Paragraph text
- Often registration procedures are simply more burdensome and bureaucratic for associations. In Egypt, a joint-stock company can be created in approximately 15 days; it can take up to 60 days to register an association, and the process is subject to extensive government discretion.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
- Date modified
- Feb 14, 2020
Paragraph
Ability of associations to access financial resources as a vital part of the right to freedom of association & Ability to hold peaceful assemblies as an integral component of the right to freedom of peaceful assembly 2013, para. 20
- Paragraph text
- Under international law, problematic constraints include, inter alia, outright prohibitions to access funding; requiring CSOs to obtain Government approval prior to receiving funding; requiring the transfer of funds to a centralized Government fund; banning or restricting foreign-funded CSOs from engaging in human rights or advocacy activities; stigmatizing or delegitimizing the work of foreign-funded CSOs by requiring them to be labeled as "foreign agents" or other pejorative terms; initiating audit or inspection campaigns to harass CSOs; and imposing criminal penalties on CSOs for failure to comply with the foregoing constraints on funding. The ability of CSOs to access funding and other resources from domestic, foreign and international sources is an integral part of the right to freedom of association, and these constraints violate article 22 of the International Covenant on Civil and Political Rights and other human rights instruments, including the International Covenant on Economic, Social and Cultural Rights.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2013
- Date modified
- Feb 14, 2020
Paragraph
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. 51
- Paragraph text
- The Special Rapporteur is concerned at the increasing incidents of racism and incitement to racism in various regions of the world. He further notes the absence, in several States, of laws prohibiting and criminalizing the formation of associations that promote racism and discrimination as required by article 4 of the International Convention on the Elimination of All Forms of Racial Discrimination. This constitutes a serious omission in the protection of the right to freedom of association. The Special Rapporteur emphasizes that this provision is a key protection against organizations that target groups most at risk of discrimination, such as minorities, indigenous peoples and non-citizens. While noting that the involuntary dissolution of associations should be a measure of last resort, he agrees with the European Court of Human Rights that the dissolution of an association that engages in racist activities constitutes a justifiable limitation of the freedom of association. Moreover, the Special Rapporteur endorses the view that the criminalization of the dissemination of racism, xenophobia or ethnic intolerance, and the dissolution of every group, organization, association or party that promotes them, are peremptory norms from which no derogation is allowed.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2014
- Date modified
- Feb 14, 2020
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the context of elections 2013, para. 51
- Paragraph text
- It is disturbing that in the context of elections, some States resort to intimidation, harassment, civil and criminal defamation, or threats against associations' leaders who aim to express their opinions, grievances and aspirations. The Special Rapporteur expresses grave concerns about the following situations where international human rights norms and standards related to freedom of association were violated. In Malaysia, one of the leaders of the Coalition for Fair and Free Elections who has monitored the 2013 elections in the country, had been, on various occasions, the target of severe and sustained acts of harassment, intimidation and smear campaign describing her as "an enemy who tried to smear the nation's name". In Nicaragua, human rights defenders active in associations, who expressed concerns over a decision of the Constitutional Court allowing for the re-election of the President were reportedly subjected to death threats, assaults and acts of intimidation. In Rwanda, a regional umbrella organization working on human rights issues in the country reportedly experienced threats and intimidation after it published a controversial report on legislative elections.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2013
- Date modified
- Feb 14, 2020
Paragraph
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. 19
- Paragraph text
- The Special Rapporteur notes that, in general, State obligations to achieve non-discrimination and equality are immediate and not subject to progressive realization.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2014
- Date modified
- Feb 14, 2020
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the context of multilateral institutions 2014, para. 91b
- Paragraph text
- [Furthermore, the Special Rapporteur calls upon civil society actors to:] Continue to report on human rights violations and abuses against those engaging or seeking to engage with multilateral institutions.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2014
- Date modified
- Feb 14, 2020
Paragraph
Comparative study of enabling environments for associations and businesses 2015, para. 25
- Paragraph text
- Individuals involved in unregistered associations should be free to carry out any activity and should not be subject to criminal sanctions. In this regard, the Special Rapporteur cites as best practice the laws in a number of States, including Australia, France, Indonesia, Namibia, Norway and Switzerland, which explicitly allow for the existence of unregistered associations.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
- Date modified
- Feb 14, 2020
Paragraph
Comparative study of enabling environments for associations and businesses 2015, para. 32
- Paragraph text
- In Ecuador, Executive Decree No. 16 requires associations to permit membership to everyone with a "legitimate interest" who requests to join, a requirement that the Special Rapporteur has not come across for businesses even in the most restrictive of jurisdictions.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
- Date modified
- Feb 14, 2020
Paragraph
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. 34
- Paragraph text
- Individuals with disabilities frequently face difficulty in staging peaceful assemblies due to limitations related to their disabilities. Those obstacles include the inability to gain access to the forms and notification procedures (for example, due to a lack of regulations or forms in Braille or other accessible formats) and to Government offices where a notification of assembly may be lodged. In that respect, the Special Rapporteur urges States to strive for implementation of article 19 of the Convention on the Rights of Persons with Disabilities, which called for States to recognize the equal right of all persons with disabilities to live in the community, with choices equal to others, and to take effective and appropriate measures to facilitate full enjoyment by persons with disabilities of that right and their full inclusion and participation in the community. Similarly, a lack of multilingual forms may also pose an obstacle to indigenous and minority groups and any other individuals or groups not fluent in the primary language of the local jurisdiction.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Ethnic minorities
- Persons with disabilities
- Year
- 2014
- Date modified
- Feb 14, 2020
Paragraph
Ability of associations to access financial resources as a vital part of the right to freedom of association & Ability to hold peaceful assemblies as an integral component of the right to freedom of peaceful assembly 2013, para. 39
- Paragraph text
- International development cooperation between States has greatly increased in recent years and has allowed for advancing global development. To ensure the quality of aid, more collaborative approaches have now emerged. The Aid Effectiveness Agenda of the Paris Declaration (2005), the Accra Agenda for Action (2008) and the Busan Partnership for Effective Development Cooperation (2011) are implementation frameworks aimed at enhancing the effectiveness of aid. They have gradually required harmonization of donor initiatives and accountability of development partners, but also required partner States to take ownership of aid initiatives. Nevertheless, in some cases, the principles identified within this framework (namely, ownership, alignment, harmonization, results and mutual accountability) have been interpreted by some States as giving them the sole power to determine priorities and subsequently control the plans of CSOs, thereby justifying limitations over the activities of civil society actors, including their right to seek and use foreign funding. While an inclusive and participatory process towards aid is to be welcomed, a rights-based approach is needed to ensure civil society's access to funding is not unduly restricted.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2013
- Date modified
- Feb 14, 2020
Paragraph
Ability of associations to access financial resources as a vital part of the right to freedom of association & Ability to hold peaceful assemblies as an integral component of the right to freedom of peaceful assembly 2013, para. 67
- Paragraph text
- In this connection, the IACHR stressed that "the competent institutions of the State have a duty to design operating plans and procedures that will facilitate the exercise of the right of assembly,.[including] rerouting pedestrian and vehicular traffic in a certain area". An assembly causes only a temporary obstruction to traffic, that is, a temporary interference with the rights and activities of others. The Special Rapporteur finds it troubling that in some States, street protests are forbidden under domestic legislation (Malaysia); it is prohibited for street marches to impede the movement of traffic and pedestrians (Belarus); mass gatherings are prohibited and subject to a heavy fine as they may, inter alia, disrupt traffic and transportation (Russian Federation); application to hold a peaceful assembly to celebrate International Peace Day was rejected by the authorities, allegedly because it would have, inter alia, disrupted traffic (Myanmar); women human rights defenders have repeatedly been arrested and detained for disrupting traffic during peaceful street marches (Zimbabwe).
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Activists
- Women
- Year
- 2013
- Date modified
- Feb 14, 2020
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the context of multilateral institutions 2014, para. 90g
- Paragraph text
- [Moreover, the Special Rapporteur calls upon States members of multilateral institutions to:] Duly inform the population within their territory about forthcoming multilateral events and decisions taken or to be taken in multilateral forums.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2014
- Date modified
- Feb 14, 2020
Paragraph
Ability of associations to access financial resources as a vital part of the right to freedom of association & Ability to hold peaceful assemblies as an integral component of the right to freedom of peaceful assembly 2013, para. 19
- Paragraph text
- The Special Rapporteur notes with concern laws and practices that constrain civil society organizations from seeking, receiving or utilizing foreign funding. As will be detailed in the following section of the report, most of the justifications put forward by States to restrict foreign funding do not comply with article 22, paragraph 2, of the Covenant, which states that "no restrictions may be placed on the exercise of [the right to freedom of association] other than those which are prescribed by law and which are necessary in a democratic society in the interests of national security or public safety, public order (ordre public), the protection of public health or morals or the protection of the rights and freedoms of others." As will be repeatedly emphasized in this section, the conditions for any restriction are cumulative, that is, motivated by one of the above limited interests, have a legal basis and "necessary in a democratic society".
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- All
- Year
- 2013
- Date modified
- Feb 14, 2020
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the context of elections 2013, para. 39
- Paragraph text
- Central to the freedom of expression of political parties is the opportunity for them to have equal access to the media, particularly where the latter is State-owned or controlled. Legislation should provide a clear framework for the implementation of equal access to media, including during the campaign period. For example, all parties presenting candidates for elections are entitled to coverage by public media, and in this regard, the allocation of free media time ensures that all political parties, including small parties, are able disseminate their views and ideas. The allocation of media time before an election should be equal, on the basis of the principles on equality before the law and non-discrimination. Denying specific parties' access to public media or providing biased coverage based on, for example, the unacceptability of the party or candidate's views is incompatible with the rights to freedom of association and expression. Attention should be paid to the distinction between access to the media as a political party and access to media as State officials due to the potential for unfair advantage that arises out of incumbent political parties using media coverage of official duties as a campaign platform.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2013
- Date modified
- Feb 14, 2020
Paragraph
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. 18
- Paragraph text
- [Various international law instruments point to particular principles and measures that States should adopt in order to achieve non-discrimination and equality. For example, States should:] Ensure that in all actions concerning children in all spheres, the best interests of the child are a primary consideration;
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Children
- Year
- 2014
- Date modified
- Feb 14, 2020
Paragraph
Comparative study of enabling environments for associations and businesses 2015, para. 20d
- Paragraph text
- [In the present report the Special Rapporteur examines law and practice in a number of Member States, in five areas which are essential to build an enabling environment for both businesses and associations:] Political influence and access to power;
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
- Date modified
- Feb 14, 2020
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the context of elections 2013, para. 45
- Paragraph text
- Although civil society organizations play an essential role during election time, freedom of association is, in many countries, restricted before, during and after elections. As noted by the Special Rapporteur on the situation of human rights defenders, acts of intimidation against civic activists often start long before the beginning of election campaigns (A/HRC/13/22 para. 56). Restrictions placed on unregistered associations preventing them from taking part in activities related to the electoral process is one way of obstructing the work of independent voices. As the Special Rapporteur has stated in previous reports, the right to freedom of association applies equally to associations that are not registered (A/HRC/20/27, para. 56). Because of their marginalization, women, youth, minorities, indigenous groups or persons with disabilities may form or join unregistered associations for the advancement of their interests. States should play an active role in removing barriers that keep these marginalized and disempowered groups from participating in public life and exercising their rights in the context of elections. This is vital to ensure that their voices are heard and their causes taken into account in the policies of the next Government.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- Ethnic minorities
- Women
- Youth
- Year
- 2013
- Date modified
- Feb 14, 2020
Paragraph
Ability of associations to access financial resources as a vital part of the right to freedom of association & Ability to hold peaceful assemblies as an integral component of the right to freedom of peaceful assembly 2013, para. 73
- Paragraph text
- The Special Rapporteur is of the opinion that organizers and participants of peaceful assemblies should be allowed access to the Internet and other new technologies at all times, as made clear by the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, who also stated that "any determination on what [website] content should be blocked must be undertaken by a competent judicial authority or a body which is independent of any political, commercial, or other unwarranted influences". In this connection, the OSCE/ODIHR Panel of Experts recommended that "States should ensure that efforts to disseminate information to publicize forthcoming assemblies are not impeded in any way". Finally, the Human Rights Council, in its resolution 20/8, recognized the global and open nature of the Internet as a driving force in accelerating progress towards development in its various forms (para. 2) and "called upon all States to promote and facilitate access to the Internet and international cooperation aimed at the development of media and information and communications facilities in all countries" (para. 3).
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2013
- Date modified
- Feb 14, 2020
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the context of multilateral institutions 2014, para. 22
- Paragraph text
- Most multilateral institutions recognize that citizens must be given a seat at the decision-making table and encourage - or even require - engagement with civil society in their charters or policies. Article 71 of the Charter of the United Nations, for example, states that the Economic and Social Council "may make suitable arrangements for consultation with non-governmental organizations which are concerned with matters within its competence". Other examples include the World Trade Organization (WTO), the Community of Democracies and the World Bank (which at the time of writing was drafting a citizen engagement strategy). A more restrictive process is in place under the United Nations Convention against Corruption, prohibiting civil society from participating in the Implementation Review Group and working groups. Civil society is involved in a civil society "Briefing Day", but is prohibited from mentioning any "specific country situation". Moreover, although civil society's participation is praised in article 13 of the United Nations Convention against Corruption (General Assembly resolution 58/4, annex), the terms of reference of the Mechanism for the Review of Implementation of the Convention make it optional for States parties under review to include civil society organization in different stages of the review process.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2014
- Date modified
- Feb 14, 2020
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The exercise of the rights to freedom of peaceful assembly and of association in the context of multilateral institutions 2014, para. 68
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- Civil society actors communicating with United Nations treaty bodies were similarly subject to reprisals. In 2012, a human rights defender from Belarus was temporarily forbidden to leave the country after he participated in an NGO briefing to the Committee against Torture on Belarus during its forty-seventh session. In 2013, two Cuban NGO representatives were harassed and intimidated by a State official and members of government organized NGOs during the fifty-fifth session of the Committee on Discrimination against Women. In 2013, the premises of an Egyptian NGO were raided and members arrested after having cooperated with the Committee on Economic, Social and Cultural Rights. In 2010, several indigenous organizations from Guatemala were subject to a smear campaign following their participation in the seventy-sixth session of the Committee on the Elimination of Racial Discrimination. In 2012, two NGOs were charged under the Russian foreign agent legislation following submissions they made to the Committee against Torture during the consideration of the fifth periodic report of the Russian Federation.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Activists
- Ethnic minorities
- Women
- Year
- 2014
- Date modified
- Feb 14, 2020
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the context of multilateral institutions 2014, para. 90f
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- [Moreover, the Special Rapporteur calls upon States members of multilateral institutions to:] Facilitate the issuance of visas for those seeking to engage with multilateral bodies based on their territory;
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2014
- Date modified
- Feb 14, 2020
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Comparative study of enabling environments for associations and businesses 2015, para. 20a
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- [In the present report the Special Rapporteur examines law and practice in a number of Member States, in five areas which are essential to build an enabling environment for both businesses and associations:] Entry procedures and dissolution processes;
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
- Date modified
- Feb 14, 2020
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Comparative study of enabling environments for associations and businesses 2015, para. 8
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- At first glance, businesses and associations may seem strange bedfellows for comparison. They are both non-State actors but, in the mind of the public and policymakers, the two entities appear to warrant different rules and treatment. The basis for such treatment boils down to one dividing point: one exists to make a profit; the other is a non-profit body.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
- Date modified
- Feb 14, 2020
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Ability of associations to access financial resources as a vital part of the right to freedom of association & Ability to hold peaceful assemblies as an integral component of the right to freedom of peaceful assembly 2013, para. 36
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- For instance, the obligation for associations to route funding through state channels; to report on all funds received from foreign sources and how these are allocated or used (e.g. Kyrgyz Republic); to obtain authorization from the authorities to receive or use funds (e.g. Jordan, Sudan) all constitute human rights violations. In some cases, not only does legislation providing for an authorization procedure not comply with international law, but the implementation of such strict provisions is also problematic For example, in Bangladesh, a human rights association encountered arbitrary delays greatly in excess of the legal 45-day period before receiving a response to an application for project approval from the NGO Affairs Bureau; in Egypt, a women rights association was granted approval for funding seven months after its request, which was far beyond the 60 days prescribed by law. In some other cases (e.g. Azerbaijan, Uganda, Zimbabwe), activists were subject to intimidation and sometimes physical assault aimed at forcing them to provide the names of their funding partners.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Women
- Year
- 2013
- Date modified
- Feb 14, 2020
Paragraph
Ability of associations to access financial resources as a vital part of the right to freedom of association & Ability to hold peaceful assemblies as an integral component of the right to freedom of peaceful assembly 2013, para. 33
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- In addition to the fact that justification on the grounds of State sovereignty violates international norms and standards related to freedom of association, the Special Rapporteur is extremely concerned about increased denigration and unfounded accusations against individuals and organizations receiving foreign funding. Special procedures mechanisms have expressed their particular dismay about cases of vicious verbal attacks, intimidation, property damage, physical assaults and even criminalization against activists accused of having ties to a foreign entity, on the sole ground that they had allegedly received foreign funding (e.g. Azerbaijan, Uzbekistan). Allowing or inciting public discredit on individuals' or organizations' honour and reputation or inciting nationalist and xenophobic sentiment is likely to cause associations to engage in self-censorship and, more gravely, to incite hatred and fuel further human rights violations.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2013
- Date modified
- Feb 14, 2020
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the context of elections 2013, para. 54
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- In the run-up to elections or following contested elections, there may also be instances of Governments' blocking funding for civil society organizations, including those with mandates that are closely related to the conduct of elections. For instance, in the run-up to the 2013 elections, the Government of the Bolivarian Republic of Venezuela adopted the law against organized crime and terrorist financing, which restricts funding of "foundations, civic associations, non-profit associations, as well as associations having political ends or groups of individuals who run for elections". The Special Rapporteur, in his second thematic report (A/HRC/23/39), established access to funding for civil society organizations as an integral part of the right to freedom of association. He stated that any constraints on associations' ability to access foreign funding should be necessary in a democratic society and that common justifications offered by States, such as counter-terrorism measures, protection of State sovereignty, enhancement of aid effectiveness, and the improvement of transparency and accountability of civil society, often do not meet this strict standard.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2013
- Date modified
- Feb 14, 2020
Paragraph
Comparative study of enabling environments for associations and businesses 2015, para. 14
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- In line with his mandate, in the present report the Special Rapporteur focuses primarily on situations where the enabling environments are better for businesses than for associations, also referred to herein as "civil society". His objective is to illustrate that States can create an enabling environment for civil society in the same way they do for business.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
- Date modified
- Feb 14, 2020
Paragraph
Ability of associations to access financial resources as a vital part of the right to freedom of association & Ability to hold peaceful assemblies as an integral component of the right to freedom of peaceful assembly 2013, para. 32
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- Protection of State sovereignty is not just an illegitimate excuse, but a fallacious pretext which does not meet the requirement of a "democratic society". The expression "democratic society" places the burden on States imposing restrictions to demonstrate that the limitations do not harm the principles of "pluralism, tolerance and broadmindedness". Associations, whether domestic- or foreign-funded, should therefore be free to promote their views - even minority and dissenting views, challenge governments about their human rights record or campaign for democratic reforms, without being accused of treason and other defamatory terms. Dissenting views should be seen by the authorities as an opportunity for dialogue and mutual understanding. The European Court of Human Rights in affirming this principle ruled that "an organisation may campaign for a change in the legal and constitutional structures of the State if the means used to that end are in every respect legal and democratic and if the change proposed is itself compatible with fundamental democratic principles."
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2013
- Date modified
- Feb 14, 2020
Paragraph
Comparative study of enabling environments for associations and businesses 2015, para. 20e
- Paragraph text
- [In the present report the Special Rapporteur examines law and practice in a number of Member States, in five areas which are essential to build an enabling environment for both businesses and associations:] Conducting peaceful assemblies.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Person(s) affected
- N.A.
- Year
- 2015
- Date modified
- Feb 14, 2020
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