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The Special Rapporteur's vision of the mandate 2017, para. 28
- Paragraph text
- While the inclusion of the concept that development promotes human rights into the international human rights system is crucial, the Special Rapporteur stresses that a major shift in the global human rights conversation requires the recognition that the interaction between development and human rights is twofold. Development contributes to human rights, and the enjoyment of those rights promotes development. In that context, the use of public space, participation in public debate and the possibility of organizing and associating all contribute to expanding civil space within the framework of the Sustainable Development Goals, in particular Goal 16, which provides for peaceful, inclusive and just societies with effective, accountable and inclusive institutions. Inequalities, on the other hand, have a negative impact on 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
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 30
- Paragraph text
- The Special Rapporteur is committed both to ensuring accountability for business actors in line with the Guiding Principles on Business and Human Rights: Implementing the United Nations “Protect, Respect and Remedy” Framework and to working together with existing networks with a view to identifying ways that businesses and society can benefit from increased support from the private sector, in partnership with Governments, to create positive and enabling operating environments characterized by good governance, respect for the rule of law and human rights, equality and diversity.
- 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
- 2017
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 33
- Paragraph text
- In his second report to the Human Rights Council (A/HRC/23/39), addressing civil society’s right to seek, receive and use human, material and financial resources, he observed that restrictions on funding had become a major existential threat to associations across the world, as Governments increasingly used the financial noose as a way to silence them. He clarified that, under international law, freedom of association encompassed the right to seek, receive and use human, material and financial resources from domestic, foreign and international sources. He noted that States were obliged to facilitate, not restrict, access to funding so that associations could effectively take part in democratic and developmental processes, just as businesses and Governments do. A document outlining general principles on protecting civic space and the right to access resources, summarizing the key aspects of that right and their legal bases, was issued in May 2014.
- 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
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 34
- Paragraph text
- In his first report to the General Assembly (A/68/299), the previous mandate holder addressed concerns about the exercise of the rights to freedom of peaceful assembly and of association, documenting the countless threats to such freedoms in the context of elections. One of the most critical findings outlined in the report was that elections did not exist in a vacuum, and their quality could not be judged solely by what happened during the vote, but also by what happened before and after the elections. Another critical finding was that, “given the importance of the rights to freedom of peaceful assembly and of association in the context of elections, the threshold for imposing such restrictions should be higher than usual: the criteria of ‘necessity in a democratic society’ and ‘proportionality’ should be more difficult to meet during election time” (ibid., para. 25).
- 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
- N.A.
- Year
- 2017
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 36
- Paragraph text
- In his second report to the General Assembly (A/69/365), he examined the exercise of the rights to peacefully assemble and to associate at the international level, specifically in the context of multilateral institutions and their impact on those rights. He observed that civil society was far too often excluded from international debates, with multilateral institutions commonly viewing peaceful assemblies, whether during global summits or when implementing a project, as posing a security threat; that the operations of many multilaterals lacked transparency; and that reprisals against human rights defenders who cooperated with multilaterals were common. He further examined obstacles to the exercise of assembly and association rights in the context of multilaterals, some erected by the entities themselves, and some by the States that comprised them. He also made extensive recommendations on what should be done to improve the situation.
- 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
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 38
- Paragraph text
- In his third report to the General Assembly (A/70/266), he provided a comparative study on the treatment of businesses and associations by States worldwide, comparing the enabling environments created by States, multilateral organizations and other actors for businesses and associations and highlighting instances in which they were treated inequitably. He found that States and other actors often imposed more burdensome regulation on associations, both in law and in practice, with businesses receiving more favourable treatment. The net result was that, for businesses, the enabling environment, defined broadly as action or inaction by States and other actors to promote a particular non-State sector, was typically much better than it was for associations. In the report, he advocated “sectoral equity”: a fair, transparent and impartial approach in which the regulation of each sector would be grounded in domestic and international law, standards and norms and where regulations would be clearly set forth in law, with minimum discretion given to State officials.
- 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
- 2017
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 75
- Paragraph text
- The Special Rapporteur is aware of her responsibility as a mandate holder vis-à-vis the Human Rights Council in determining whether and how the Council should respond to a situation of concern in accordance with objective and human rights-based criteria such as those elaborated in joint statements delivered at the Council, for example, those made by Ireland at its thirty-second session, by Maldives at its twentieth session and, most recently, by the Netherlands at its thirty-fifth. That responsibility is one that she takes very seriously when she recommends that the Council consider action to prevent, respond to or address violations and to assist in the de-escalation of a situation of concern.
- 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
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 47
- Paragraph text
- Another thematic priority is the exercise of the rights to freedom of peaceful association and of association online.
- 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
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 43
- Paragraph text
- Overall, the previous mandate holder brought great substance to the debate and made substantial contributions to identifying legal standards concerning the establishment, management and, most crucially, the financing of the various forms of civil society organizations and the management of assemblies.
- 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
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 49
- Paragraph text
- The rights to freedom of assembly and of association in the digital sphere are increasingly the subject of restrictive laws and policies. There is a need, therefore, to discuss them in view of the challenges of the digital age and to explore the connection between those rights, specifically, and new technologies.
- 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
- 2017
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 72
- Paragraph text
- Accordingly, she is seeking engagement for litigation. In order to raise awareness among relevant stakeholders and the public at large, the Special Rapporteur seeks the cooperation of professional associations, non-governmental organizations and their networks, as well as other relevant stakeholders and any other parties who have knowledge of cases involving assembly and association issues. A call for submission to that effect can be found on the mandate website.
- 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
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 84
- Paragraph text
- The mandate presents a unique opportunity and challenge to explore and identify specific solutions and to mobilize public opinion and support in order to promote and protect civic space both nationally and globally. The Special Rapporteur will seek out and provide for such opportunities and challenges, to the very best of her knowledge, ability and future efforts.
- 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
- 2017
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 9
- Paragraph text
- The mandate is a service, not a personal matter of the individual who happens to be the Special Rapporteur at a given time. Moreover, the mandate is not an end in itself but it is a means to a further end.
- 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
- 2017
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 56
- Paragraph text
- Highlighting good and promising practices worldwide that promote and protect the rights to freedom of peaceful assembly and of association remains today one of the core human rights functions of the mandate, according to the relevant Human Rights Council resolutions. Over the course of her tenure, the Special Rapporteur will continue to assess such practices and endeavour to measure their impact, if any, as well as developments subsequent to the first report of the previous mandate holder to the Council (see para. 32 above).
- 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
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 11
- Paragraph text
- The beneficiaries are and should be the people, as espoused in the Preamble of the Charter of the United Nations, which begins: “We the peoples of the United Nations”. The beneficiaries must be civil society: civil society organizations such as non-governmental organizations, development and humanitarian actors, religious associations, political parties, trade unions, social movements, professional associations, academic institutions, and sports, leisure and other associations of all kinds. The beneficiaries must be the people who gather and meet in peaceful assemblies, in private or public space, offline or online, to protest or for any other peaceful purposes.
- 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
- Person(s) affected
- All
- Year
- 2017
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 12
- Paragraph text
- When the people and civil society benefit, States, international organizations and international society as a whole benefit, too.
- 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
- 2017
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 16
- Paragraph text
- The rights to freedom of peaceful assembly and of association are not absolute, meaning that not only can they be temporarily derogated from in a state of emergency, but they can also be exceptionally interfered with under other circumstances. While they are human rights guaranteed to all, their exercise may be subject to certain restrictions. Such restrictions are permitted if they are necessary for a number of public purposes, including the protection of the rights and freedoms of others, as long as they are proportionate and provided for by law. Security and emergency laws, measures aimed at curtailing the financing of international terrorism, anti-money-laundering regulations and other limitations restrictive of civic space in the name of general public purposes, however, do not, as such, justify systematic violations of the 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
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- All
- N.A.
- Year
- 2017
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 18
- Paragraph text
- Successes and achievements of civil society in recent years have been thoroughly investigated and recorded (see A/HRC/35/28). They were, by and large, acknowledged, recognized and endorsed by delegations during the clustered interactive dialogue held by the Human Rights Council with the Special Rapporteur on 7 June 2017 (A/HRC/35/28, para. 4). Yet, since the establishment of the mandate in October 2010, the voices of civil society have been restricted or silenced, if not eliminated, in every region across the globe. Mass surveillance, obstructive regulation of democratic space, including online, overly restrictive legislation to regulate association and limit the exercise of fundamental public freedoms, with frequent use of counter-terrorism legislation to curtail dissenting voices, and harassment of and violence against human rights defenders and ordinary people who exercise their right to express opinions in peaceful protests are all too common.
- 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
- 2017
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 26c
- Paragraph text
- [In the Declaration on the Right to Development, adopted by the General Assembly on 4 December 1986 in its resolution 41/128, the Assembly called for every member of society to be empowered to participate fully and freely in vital decisions. The Declaration and its principles formed the basis for the conceptualization of a human rights-based approach to development. In the statement of common understanding on human rights-based approaches to development cooperation and programming, adopted by the United Nations in 2003, that approach was outlined as follows:] Development cooperation contributes to the development of the capacities of “duty-bearers” to meet their obligations and/or of “rights-holders” to claim their 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
- 2017
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 54
- Paragraph text
- In this regard, of particular concern to the Special Rapporteur is the question of the consultative status of non-governmental organizations with the Economic and Social Council and the process governing their accreditation with international organizations other than the United Nations.
- 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
- 2017
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 73
- Paragraph text
- Moreover, while various professional associations and non-governmental organizations will be able and willing to provide support on a case-by-case basis, the Special Rapporteur seeks specialized human resources to establish a legal clinic to provide the legal research and drafting services needed for the preparatory work for the actual filing of amicus curiae briefings and expert opinions.
- 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
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 58
- Paragraph text
- As a consequence of, and in line with, the vision outlined in section III above, the present section details the Special Rapporteur’s specific plan of action and the methodology of her work.
- 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
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 44
- Paragraph text
- In addition, eight country visits have been conducted since the inception of the mandate, to Georgia (A/HRC/20/27/Add.2), the United Kingdom of Great Britain and Northern Ireland (A/HRC/23/39/Add.1), Rwanda (A/HRC/26/29/Add.2), Oman (A/HRC/29/25/Add.1), Kazakhstan (A/HRC/29/25/Add.2), Chile (A/HRC/32/36/Add.1), the Republic of Korea (A/HRC/32/36/Add.2), the United Kingdom (A/HRC/35/28/Add.1, follow-up mission) and the United States of America (A/HRC/35/28/Add.2).
- 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
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 20
- Paragraph text
- Together with freedom of expression and other rights, freedom of peaceful assembly and of association lies at the core of any functioning democratic system. These rights are essential components of democracy, as they empower men and women to “express their political opinions, engage in literary and artistic pursuits and other cultural, economic and social activities, engage in religious observances or other beliefs, form and join trade unions and cooperatives, and elect leaders to represent their interests and hold them accountable” (Human Rights Council resolution 15/21, preamble).
- 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
- Men
- Women
- Year
- 2017
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 26a
- Paragraph text
- [In the Declaration on the Right to Development, adopted by the General Assembly on 4 December 1986 in its resolution 41/128, the Assembly called for every member of society to be empowered to participate fully and freely in vital decisions. The Declaration and its principles formed the basis for the conceptualization of a human rights-based approach to development. In the statement of common understanding on human rights-based approaches to development cooperation and programming, adopted by the United Nations in 2003, that approach was outlined as follows:] All programmes of development cooperation, policies and technical assistance should further the realization of human rights as laid down in the Universal Declaration of Human Rights and other international human rights instruments;
- 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
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 26b
- Paragraph text
- [In the Declaration on the Right to Development, adopted by the General Assembly on 4 December 1986 in its resolution 41/128, the Assembly called for every member of society to be empowered to participate fully and freely in vital decisions. The Declaration and its principles formed the basis for the conceptualization of a human rights-based approach to development. In the statement of common understanding on human rights-based approaches to development cooperation and programming, adopted by the United Nations in 2003, that approach was outlined as follows:] Human rights standards contained in, and principles derived from, the Universal Declaration of Human Rights and other international human rights instruments guide all development cooperation and programming in all sectors and in all phases of the programming 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
- N.A.
- Year
- 2017
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
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 42
- Paragraph text
- In his sixth and final thematic report to the Human Rights Council (A/HRC/35/28), the previous mandate holder addressed the role and achievements of civil society. In the report, he mapped and quantified the myriad ways in which civil society had improved societies globally in the past decade, by protecting civil and political rights, advancing development objectives, moving societies towards freedom and equality, achieving and upholding peace, regulating corporate behaviour, protecting the environment, delivering essential services and advocating economic, social and cultural rights. The current mandate holder, who presented the report to the Council on 6 June 2017 (see para. 4 above), considers it to be the ideal springboard for the work ahead. She notes with satisfaction that the report received wide support from, and was generally endorsed by, delegations during the interactive dialogue at the thirty-fifth session of the Council.
- 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
- 2017
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 46b
- 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 militarization of police and other law enforcement officials. In this regard, the Special Rapporteur will consider whether the rules on the use of force need to be the same when a State resorts to deploying military and armed forces in the policing of assemblies;
- 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
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 46c
- 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:] United Nations peacekeepers and the managing of assemblies. The distinction between civilian police, military police and policing in the context of peacekeeping missions may also require review to determine whether the legal framework for each of those situations is different;
- 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
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 57
- Paragraph text
- The above thematic priorities are not set in stone, but will be updated by the Special Rapporteur as she encounters new challenges and concerns and receives suggestions as to other topics for her future reports.
- 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
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 8
- Paragraph text
- The vision of the Special Rapporteur is influenced and shaped by a number of factors, outlined below, which will inform and guide her own work with regard to the mandate.
- 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
- 2017
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 48
- Paragraph text
- The rapid pace of technological development enables individuals all over the world to use information and communications technology and, at the same time, enhances the capacity of Governments, business enterprises and individuals to undertake surveillance, interception and data collection, which may violate or abuse human rights. It is generally recognized that the same rights that people have offline must also be protected online, including the rights to freedom of peaceful assembly and of association (see, for example, Human Rights Council resolution 34/7). However, Internet shutdowns have emerged as a popular means of information control. Government surveillance continues to intensify worldwide, jeopardizing the privacy and security of millions. Net neutrality, the long-held premise that all Internet data should be treated equally and without undue interference, has come under attack (see A/HRC/35/22).
- 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
- 2017
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 50
- Paragraph text
- The Special Rapporteur will examine how Governments are increasingly targeting social networks and online communities, in other words, associational activities occurring on the Internet, and will argue that many of the targeted groups are protected “associations” under international law. In this context, a particular focus is warranted on the legal protection of “informal” associations online. The distinction is also to be highlighted between limitations on the use of the Internet that amount to a violation of the freedom of association online and those impinging upon the exercise of the right to freedom of assembly offline.
- 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
- 2017
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 10
- Paragraph text
- The Special Rapporteur is intended to be the eyes and the ears of the Human Rights Council on matters pertaining to freedom of peaceful assembly and of association that warrant the Council’s attention. However, the ultimate beneficiary of the Special Rapporteur’s work cannot be the Council alone.
- 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
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 19
- Paragraph text
- Against this background, the Special Rapporteur wishes to emphasize the mutually reinforcing relationship between freedom of peaceful assembly and of association on the one hand, and democracy and development on the other, combined with her willingness to contribute to an increase in global civic space.
- 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
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 64
- Paragraph text
- A total of 117 Member States and one non-member observer State have extended a standing invitation to thematic special procedures mandate holders. The Special Rapporteur will work in close cooperation with the Working Group on the Universal Periodic Review to ensure that all Member States extend a standing invitation to mandate holders. She will also endeavour to ensure that each standing invitation corresponds to an actual request for a country visit by the mandate holder.
- 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
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 55
- Paragraph text
- That thematic priority will be developed in follow-up to the aforementioned report concerning multilateral institutions and their effects on assembly and association rights (see para. 36 above), but also as part of a larger, in-depth study on the patterns of multilevel governance and the dynamics of interactions and interrelations between domestic politics and the international system.
- 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
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 78
- Paragraph text
- Expanding civic space is part of the global vision of OHCHR and is likely to remain so for the coming four years (2018-2021). She will, therefore, work closely with the Working Group on the Universal Periodic Review, treaty bodies, other Human Rights Council mechanisms and the United Nations system in general to contribute to an increase in global civic space, the creation of a safe and enabling environment for civil society and the promotion and protection of the rights to freedom of peaceful assembly and of association worldwide.
- 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
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 22
- Paragraph text
- While the freedom of peaceful assembly and the freedom of association are considered two separate rights (A/HRC/20/27, para. 4), it is essential today to consider how the two rights are closely interrelated and interdependent. The joint report of the Special Rapporteur on the rights to freedom of peaceful assembly and of association and the Special Rapporteur on extrajudicial, summary or arbitrary executions on the proper management of assemblies emphasizes the importance of assemblies in developing democratic systems, fostering public participation and presenting alternative perspectives to established interests (A/HRC/31/66, paras. 5-6). However, for assemblies, which are generally defined as “temporary” or “long-term” gatherings of people in private, public or online spaces (ibid., para. 10), to achieve their ultimate goals, individuals must be able to fully exercise their right to freedom of association, through which they organize collective action, engage constructively with stakeholders, including policymakers and legislators, and help to institutionalize the political, economic or social changes to which those participating in assemblies aspire. It is the combination of the right to freedom of peaceful assembly and the right to freedom of association that strengthens responsive democratic governance systems and ensures the full and meaningful exercise of the right to participate in public affairs, as expressed in article 25 of the International Covenant on Civil and Political 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
- N.A.
- Year
- 2017
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 17
- Paragraph text
- Moreover, the rights to freedom of peaceful assembly and of association are fundamental human rights, not only for all functioning democracies, but also for autocratic Governments. A single variable such as freedom of peaceful assembly and of association can actually serve as a barometer for measuring the situation pertaining to, and the enjoyment of, human rights in any given country and a useful proxy for how open or closed countries and their national institutions are.
- 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
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 74
- Paragraph text
- Information on activities carried out in this context will also be made available through the Special Rapporteur’s website.
- 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
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 39
- Paragraph text
- In his fifth report to the Human Rights Council (A/HRC/32/36), the previous mandate holder addressed the phenomenon of fundamentalism and its impact on the exercise of the rights to freedom of peaceful assembly and of association. While he stressed that the mere voluntary adherence to a fundamentalist belief system was not a human rights violation in and of itself, he recalled that, when holders of such beliefs sought to impose them in a way that controlled or restricted the rights of others who might have different views or backgrounds, they threatened the values of pluralism and broadmindedness that were core to democracy. The tipping point, for the purposes of the report, was when fundamentalist views formed the basis for violations of the rights to freedom of peaceful assembly and of association. He also examined the positive role that those rights could play in preventing the spread of extremism and radicalization.
- 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
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 76
- Paragraph text
- More generally, her mandate has an important prevention and early warning role to play in the discharge of the responsibility to protect, as it is uniquely placed to collect a wealth of information on issues linked to the freedom of peaceful assembly and of association, including gaps in protection, swiftly deteriorating situations and the scale, the nature and patterns of violations. The Special Rapporteur will, when necessary, call the attention of the relevant bodies, including the Security Council, to such situations and request that they address, and take immediate action in response to, the risks and violations identified.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Humanitarian
- Person(s) affected
- All
- Year
- 2017
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 41
- Paragraph text
- In 2016, the previous mandate holder, together with the previous holder of the mandate on extrajudicial, summary or arbitrary executions, submitted a joint report to the Human Rights Council on the proper management of assemblies (A/HRC/31/66). In their report, they noted that, despite the increasingly prominent role that assemblies played, there remained a lack of clear understanding of the applicable international human rights law and standards. The report provided a compilation of practical recommendations, organized around 10 overarching principles for the proper management of assemblies, and a summary of the applicable international legal standards, followed by practical recommendations on how those principles should be implemented, with the aim of ensuring better protection of the various rights of those engaged in assemblies and associations. An implementation checklist entitled “10 principles for the proper management of assemblies”, designed to allow civil society organizations to monitor the implementation of the recommendations outlined in the report, was also published in 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
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 51
- Paragraph text
- The Special Rapporteur intends to respond to the invitation of the Human Rights Council, pursuant to paragraph 4 of its resolution 32/32, the most recent resolution renewing the mandate, “to consider addressing, in his or her future reporting, the topic of professional associations, including the role of professional associations in the promotion and protection of all human rights, the realization of development efforts and building and maintaining a democratic society, and also including how States and other relevant stakeholders may promote, create and maintain conditions conducive to the development and activities of professional associations”.
- 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
- 2017
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 21
- Paragraph text
- The Human Rights Council has adopted a number of resolutions, notably since the Arab Spring, on the promotion and protection of human rights in the context of peaceful protest, in which it stressed that “peaceful protests should not be viewed as a threat” and encouraged all States “to engage in an open, inclusive and meaningful dialogue when dealing with peaceful protests and their causes” (see, for example, resolution 25/38).
- 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
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 24
- Paragraph text
- The intrinsic and inherent link between democracy and the rights to freedom of peaceful assembly and of association does not exhaust the importance of, nor does it fully testify to, the fundamental nature of those rights. Civil society contributes to development as much as it does to democracy.
- 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
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 85
- Paragraph text
- The Special Rapporteur recommends that States and all international actors and relevant stakeholders make full use of the mandate. The mandate is a service, and the rights to freedom of peaceful assembly and of association are essential for democracy and constitute an indispensable condition for sustainable development.
- 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
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 31
- Paragraph text
- For the past six years, the previous mandate holder brought extensive human rights experience, deep commitment and great energy to the mandate. In close consultations with key stakeholders, he very carefully identified a range of important issues as the focus of his thematic reports to both the Human Rights Council and the General 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
- 2017
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 59
- Paragraph text
- Considering the wealth of thematic research and recommendations produced in the first six years of the mandate, it is of utmost importance for the Special Rapporteur to increase the visibility of and disseminate this work, together with her future work, as broadly and widely as possible, so that it is known and used both internationally and at the national level to advance 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
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 65
- Paragraph text
- A number of requests have already been sent to Member States, so that an invitation can be extended to the Special Rapporteur. She will reiterate those requests. She will also ensure that all Member States are given an opportunity to cooperate with her and thereby to engage in the work of the Human Rights Council, including States that have thus far failed, or have not been given the opportunity, to do so.
- 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
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 68
- Paragraph text
- The media will be accessed and used whenever it is truly believed that drawing public attention to specific situations has a reasonable prospect of either improving the promotion and protection of the freedom of peaceful assembly and of association for the people on the ground or of preventing their violation.
- 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
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 69
- Paragraph text
- The Special Rapporteur will continue to cooperate with civil society and non-governmental organizations that have been working closely with the previous mandate holder, with a view to deepening and further developing existing partnerships. Efforts have already been made to open new channels of cooperation with other international, regional, national and local actors, including academic and research organizations, business networks and numerous other stakeholders.
- 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
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 77
- Paragraph text
- The Special Rapporteur will continue to work with the Special Rapporteur on the promotion and protection of the rights to freedom of opinion and expression and the Special Rapporteur on the situation of human rights defenders, with whom there already exists a well-established pattern of close cooperation. At the same time, she will engage with other relevant mandate holders with a view to coordinating efforts, while avoiding overlapping and duplication of work.
- 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
- 2017
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 81
- Paragraph text
- Lastly, but not least importantly, the support and collaboration of Member States remain key for any effort by the Special Rapporteur to make a difference. The Special Rapporteur restates her commitment to engaging in constructive dialogue with government representatives and to strengthening their engagement with the Human Rights Council and its mechanisms, including but in no way limited to, the Governments that have traditionally supported the mandate.
- 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
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 66
- Paragraph text
- Communications and press releases are formidable tools in the hands of mandate holders. The Special Rapporteur intends to continue to use communications, in the form of letters of allegation and urgent appeal letters, to bring to the attention of States and the international community alleged violations of the rights to freedom of peaceful assembly and of association with regard to individual cases and practices, as well as draft legislation and policies, which may restrict those rights in ways incompatible with international human rights norms and standards.
- 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
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 70
- Paragraph text
- In the view of the Special Rapporteur, litigating in national, regional and international courts is essential to building international practice, which is exactly the practice that is needed to contribute to the emergence and definition of standards, the assessment of compliance therewith and the promotion of their implementation. She will therefore strive to participate in litigation, mainly, but not exclusively, as amicus curiae, legal expert and third party intervenor, in cases where the rights to freedom of peaceful association and of assembly are at stake.
- 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
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
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
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
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
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
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
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
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
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
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
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
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 27
- Paragraph text
- The Human Rights Council has reaffirmed those principles through a number of resolutions. Most recently, on 23 June 2017, it adopted resolution 35/21 on the contribution of development to the enjoyment of all human rights. In the resolution, the Council recognized the common aspiration of the international community to build a shared future for human beings and affirmed that development contributed significantly to the enjoyment of all human rights. It called upon all countries to realize people-centred development of the people, by the people and for the people, and called upon all States to enhance international cooperation and to spare no effort in promoting sustainable development, in particular while implementing the 2030 Agenda for Sustainable Development, as it was conducive to the overall enjoyment of human rights. The Council also welcomed further efforts to promote development initiatives with the aim of promoting partnerships, win-win outcomes and common development.
- 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
- 2017
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 53
- Paragraph text
- A further topic of focus is the exercise of the rights to peacefully assemble and to associate at the international level, specifically in the context of 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
- 2017
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 63
- Paragraph text
- The Special Rapporteur considers reports, especially thematic reports, to be of the utmost importance, not merely rhetorical exercises. Thematic reports are soft law instruments whereby mandate holders contribute to the effectiveness and progressive development of international law. For thematic reports to be relevant and not dead letters, they need to be firmly based on State practice and on the practice of other relevant international actors. To that end, the Special Rapporteur will seek the views of a broad range of diverse voices from all relevant stakeholders, including regional and subregional mechanisms. This will be done, inter alia, through calls for submissions and consultations.
- 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
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 46d
- 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:] Private security contractors and the managing of assemblies. A restatement of the legal framework is equally needed for guiding both countries and assemblies that engage private sector contractors;
- 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
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 46e
- 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:] Less lethal weapons. Among the questions to be dealt with in this context are whether the binary separation of lethal and non-lethal weapons should be abandoned or retained and whether and how the use of less lethal weapons, which can result in risk to life when improperly deployed, should be restricted to law enforcement agents and be strictly regulated;
- 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
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 46f
- 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:] New weapons technologies, including unmanned systems. The Special Rapporteur will explore the challenges and opportunities of new technologies from the perspective 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)
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 40
- Paragraph text
- In his fourth report to the General Assembly (A/71/385), the previous mandate holder focused on the rights to freedom of peaceful assembly and of association in the workplace in the context of the new global economic order, in which the power of large multinational corporations had increased, while, at the same time, the power of States to regulate those business entities had eroded, if not, in some cases, having been voluntarily ceded in order to attract the businesses in question. He observed that the new global economic order had had a profound impact on workers’ ability to exercise their rights to freedom of peaceful assembly and of association. He noted that the traditional tools for asserting labour rights, such as trade unions, strikes and collective bargaining, had been significantly weakened around the globe, and vast swathes of the world’s labour force were unable to exercise their fundamental rights to associate or assemble and were without access to remedies when their rights were violated. He examined how and why that had happened, focusing on the most marginalized portions of the world’s labour force, including global supply chain workers, informal workers, migrant workers and domestic workers. He found that, although States were under an international obligation to respect and promote workers’ rights to freedom of peaceful assembly and of association, many were dismally failing at the task, with grave implications. Those rights were a critical tool in levelling the unequal relationship between workers and employers that, in turn, helped workers to correct abuses and gain access to fair wages, safe working conditions and a collective voice. Poor enforcement of those rights in the workplace could also exacerbate global inequality, poverty, violence and child and forced labour and directly contributed to problems such as trafficking in persons and slavery. He recommended obliterating the distinction between labour rights and human rights generally, as labour rights were human rights, and the ability to exercise those rights in the workplace was a prerequisite for workers to enjoy a broad range of economic, social, cultural, political and other 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
- Persons on the move
- Year
- 2017
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The Special Rapporteur's vision of the mandate 2017, para. 79
- Paragraph text
- The Special Rapporteur will cooperate with international organizations both inside and outside the United Nations system, in particular ILO, while being mindful of paragraph 5 (g) of Human Rights Council resolution 15/21, according to which her tasks include undertaking activities “such that the present mandate will not include those matters of specific competence of the International Labour Organization and its specialized supervisory mechanisms and procedures with respect to employers’ and workers’ rights to freedom of association, with a view to avoiding any duplication”.
- 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
- N.A.
- Year
- 2017
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The Special Rapporteur's vision of the mandate 2017, para. 80
- Paragraph text
- Consultation and coordination with regional human rights organizations worldwide and national human rights mechanisms are equally essential to the success of the mandate.
- 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
- 2017
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The Special Rapporteur's vision of the mandate 2017, para. 45
- Paragraph text
- The current mandate holder intends to contribute to the development of international standards for the exercise of the rights to freedom of peaceful assembly and of association and to focus on their implementation or lack thereof. To that end, she will strive to ensure that every paragraph in her reports conveys a relevant piece of information for States, civil society organizations and all relevant stakeholders. As mandated by the Human Rights Council in its resolution 15/21 (para. 5 (d)), she will integrate a gender perspective throughout her work.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Gender
- Person(s) affected
- N.A.
- Year
- 2017
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The Special Rapporteur's vision of the mandate 2017, para. 25
- Paragraph text
- In the Universal Declaration of Human Rights, human rights were recognized as the foundation of freedom, justice and peace. In the unanimously adopted Vienna Declaration and Programme of Action, democracy, development and respect for human rights and fundamental freedoms were evoked as interdependent and mutually reinforcing.
- 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
- 2017
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The Special Rapporteur's vision of the mandate 2017, para. 29
- Paragraph text
- Business is often at the origin of violations of human rights, including the rights to freedom of peaceful assembly and of association. In this regard, the Special Rapporteur also wishes to emphasize the potentially positive role of business in defending human rights. A number of companies from various industry sectors are increasingly realizing that the protection of civic society organizations and individuals is not only right, but also in their interest.
- 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
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 52
- Paragraph text
- In that context, constraints imposed on independent universities and other academic institutions are an issue of increasing concern in a number of countries. The Special Rapporteur will argue, inter alia, that academic freedom is one of the basic forms through which freedom of association manifests itself and which lies at the core of any functioning democratic system.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 60
- Paragraph text
- Another defining feature of her work will be strategic litigation in national, regional and international courts. The Special Rapporteur considers that litigating in cases that raise issues of freedom of peaceful association and of assembly before national, regional and international courts not only fully complements the advocacy and policy work associated with her mandate, but also will be key to building State practice, alongside and in addition to thematic reports, country visits, communications and awareness-raising.
- 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
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
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
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 17
- Paragraph text
- At the same time, the global attack on labour rights has made it disturbingly clear that the old ways of defending workers' rights are no longer working. Our world and its globalized economy are changing at lightning pace, and it is critical that the tools we use to protect labour rights adapt just as quickly. A first step towards that goal is to obliterate the antiquated and artificial distinction between labour rights and human rights generally. Labour rights are human rights, and the ability to exercise those rights in the workplace is a prerequisite for workers to enjoy a broad range of other rights, whether economic, social, cultural, political or otherwise.
- 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
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 76
- Paragraph text
- Violence against workers is both a reason for and a consequence of the global weakening of workers' rights to freedom of peaceful assembly and of association. In 2015, unionists were murdered in 11 countries for their activism: Chile, Colombia, Egypt, El Salvador, Guatemala, Honduras, Islamic Republic of Iran, Mexico, Peru, South Africa and Turkey. Honduras has seen a plague of violence, with 31 trade unionists, 57 rural workers and 28 journalists murdered between 2009 and early 2014, while 62 trade unionists have been assassinated in Guatemala since 2008. This violence is generally delivered with impunity and serves as a terrifying deterrent to workers' exercise of rights of 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)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Activists
- Year
- 2016
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 77
- Paragraph text
- At times State authorities actually bolster employers' efforts to restrict workers' peaceful assembly and association rights. In 2013, in Algeria, police violently dispersed a peaceful protest of the Contractual Workers Union at a Government compound, and arrested 20 people. In Nigeria, on 19 May 2016, police beat, tear-gassed and arrested members of the Nigerian Labour Congress who were peacefully demonstrating, claiming that workers had not obtained police clearance to hold the protest. The Special Rapporteur stresses that the right to peaceful assembly is fundamental; its exercise does not require the permission of the State (A/HRC/32/36/Add.1, para. 17).
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Person(s) affected
- Activists
- Year
- 2016
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 78
- Paragraph text
- Indonesian law states that unions have the right to strike, but police often pressure workers to end legal strikes and protests through violence or arrests. For example, 23 labour activists and 2 public defenders were arrested when several union federations protested Government Regulation on Remuneration No. 78/2015. In 2014, 17 workers in West Java were injured in an organized attack; police watched but did not stop the violence. The incident has had a chilling effect on unionization and workers' exercise of their rights. The role of the military and police in monitoring and providing security services at factories has had a similar effect.
- 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
- Year
- 2016
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
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 81
- Paragraph text
- Access to effective remedies is a key issue for workers, who often lack legal recourse for rights violations. Workers in vulnerable situations may find it especially difficult to assert their rights because of structural impediments, including lack of access to labour inspectorates that often do not operate in informal and private work places; collaboration between immigration and police officials that prioritizes investigating migration status over employers' violations of rights; and restrictions that make migrant workers "unfree labour", preventing them from circulating in host countries.
- 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
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 83
- Paragraph text
- States are obligated under international law to establish accessible and effective complaint mechanisms that can promptly investigate allegations of abuses related to the rights to freedom of peaceful assembly and of association (see A/HRC/20/27, p. 19). Where those rights have been unduly restricted, victims have the right to obtain redress, including adequate compensation and sanctions against the employer (ibid.). Effective remedies should be available from a range of mechanisms, including judicial and non-judicial and administrative institutions, such courts, ombudsperson offices and national human rights 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
- All
- Year
- 2016
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 84
- Paragraph text
- Encouraging examples of court engagement include the case of a young Togolese domestic worker held in forced labour, where the court found that the State had a duty to criminalize grave labour exploitation by private entities. In Norway, workers can take legal action in court when their rights are violated. Access to court is free and free legal aid is available to those below a certain income threshold. At Service Centres for Foreign Workers, relevant government departments work together to inform foreign nationals arriving in Norway for employment of their rights and help them to promptly process their applications.
- 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
- Violence
- Person(s) affected
- Youth
- Year
- 2016
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 8
- Paragraph text
- In recent decades, economic globalization, implemented with as few regulations on companies and capital as possible, has been touted by many economists as an essential vehicle to global prosperity and the end of poverty. The economic system that grew out of that philosophy has indeed led to a rise in global economic productivity and wealth, but it has also contributed to a dramatic rise in the power of large multinational corporations and concentrated wealth in fewer hands. At the same time, States' power to regulate those business entities has eroded. Further, the world's recent economic growth has not been shared equally. Productivity and economic output have increased, but so has inequality, with the fruits of that growth going primarily to the wealthiest.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Poverty
- Person(s) affected
- All
- N.A.
- Year
- 2016
Paragraph
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 49
- Paragraph text
- Bahrain, formally organized as a constitutional monarchy, has embarked on an extensive crackdown on dissent since a large protest movement began calling for greater political freedom, among other things, in 2011. The Special Rapporteur remains particularly concerned about the imprisonment of opposition leader Sheikh Ali Salman and the harassment and detention of human rights defenders involved in organizations defending human rights, including Nabeel Rajab (see A/HRC/28/85, case BHR 13/2014), Abdulhadi Al-Khawaja (see A/HRC/19/44, case BHR 18/2011), Zainab Al-Khawaja, Abduljalil Al-Singace (see A/HRC/18/51, case BHR 4/2011) and others (see A/HRC/28/85, cases BHR 10/2014 and BHR 12/2014).
- 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
- Person(s) affected
- Activists
- Year
- 2016
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
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
Paragraph
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 7
- Paragraph text
- Fundamentalism can encompass much more than religion, however, and the Special Rapporteur takes a much broader view of the term here. He believes that fundamentalism can and should be defined more expansively, to include any movement - not simply religious ones - that advocates strict and literal adherence to a set of basic beliefs or principles. Adherence to the principles of free market capitalism, for example, has spawned what has been called "market fundamentalism". And the unbending belief in the superiority of one ethnic group, race, tribe or nationality can lead to what might be called "nationalist fundamentalism". These non-religious forms of fundamentalism may not always be labelled as such, but the Special Rapporteur believes that they all share key similarities, first and foremost that they are based upon a set of strict, inflexible beliefs that are impervious to criticism or deviation.
- 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
- N.A.
- Year
- 2016
Paragraph
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 31
- Paragraph text
- Free markets have undoubtedly contributed to producing great amounts of monetary wealth and impressive technological advancements. Yet the pursuit of this wealth in some cases has also contributed to environmental destruction, growing income inequality and the erosion of protections for workers. It is important that people on both sides of this argument be given equal freedom and facilitation to air their views in a peaceful manner. As the Special Rapporteur has repeatedly emphasized, States should also not favour businesses over civil society reflexively, but instead should adopt a policy of "sectoral equity" - a fair, transparent and impartial approach in which the regulation of each sector is grounded in international law, standards and norms (see A/70/266).
- 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
- 2016
Paragraph
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 15
- Paragraph text
- In other cases, violations may arise due to the inability or unwillingness of the State to respond to the actions of non-State actors. The State's failure to protect participants in a peaceful rally against violent, fundamentalist counter-protesters, for example, constitutes a violation of the right to freedom of peaceful assembly. It does not matter if the State does not officially promote the counter-protesters' ideology; it has a positive duty to protect those exercising their right to peaceful assembly, even if they are promoting unpopular positions. Similarly, States may violate their duty to protect by failing to investigate allegations of rights violations and to hold the perpetrators accountable, by ignoring retaliation against victims of violations and by failing to ensure the protection of rights for certain groups.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Humanitarian
- Person(s) affected
- All
- Year
- 2016
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 66
- Paragraph text
- State restrictions on assembly and association rights, including the right to strike, frequently exceed parameters set by ILO Convention 87 and decades of case law. In countries where the right to strike is not legally prohibited, Governments attempt to justify restrictions in the name of public order, public security, the threat of terrorism, national interest or economic crisis.
- 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
- All
- Year
- 2016
Paragraph
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 73
- Paragraph text
- Whereas cultural and nationalist fundamentalisms in some countries manifest themselves through the exclusion of individuals who do not conform to the "national culture", other countries seek to assimilate by imposing the dominant or national culture on minority ethnic groups.
- 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
- Ethnic minorities
- Year
- 2016
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 27
- Paragraph text
- Globalization is taking place in the context of the largest migration of people in human history, from rural to urban areas, within countries and across borders. According to recent ILO estimates, the world has 150.3 million migrant workers. An estimated 112.3 million of them (74.7 per cent) are in high-income countries. They migrate to support their families and improve their future, but their lack of rights and agency in the workplace often leaves them, and their children, mired in poverty.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Movement
- Poverty
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2016
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 40
- Paragraph text
- Gender-based violence at work pervades employment in the formal and informal economy, and often intersects with other discrimination and exploitation, particularly based on race, ethnicity, country of origin and age. Gender-based violence at work includes physical abuse; attempted murder and murder; sexual violence; verbal abuse and threats; bullying; psychological abuse and intimidation; sexual harassment; economic and financial abuse; stalking; and more.
- 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
- All
- N.A.
- Year
- 2016
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
Paragraph
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 96
- Paragraph text
- Religious leaders in particular must make greater efforts to foster dialogue and tolerance between their followers, with other religious communities and with non-religious communities. They should unequivocally condemn the use of violence and make it clear that those who use or advocate violence are not legitimately acting in the name of their faith.
- 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
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 9
- Paragraph text
- Unconstrained power, whether public or private in origin, is a critical threat to the protection of human rights, including workers' rights to freedom of peaceful assembly and of association. The worldwide crackdown on those rights is contributing to a global crisis of governance. Multinational corporate wealth is multiple times greater than that of many States. While lead multinationals are legally responsible for their operations within their domestic nation States, those laws do not extend to their actions abroad and they are not legally accountable for the vast number of rights violations that occur in multiple countries down their supply chains. Workers, on the other hand, are bound and restricted by the national laws where they work. Moreover, labour's traditional tools for asserting rights - trade unions, strikes, collective bargaining and so on - have been significantly weakened across the globe. That situation has effectively allowed the global supply chain to override sovereign democracy.
- 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
- Person(s) affected
- N.A.
- Year
- 2016
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
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 60
- Paragraph text
- Legislative precariousness regarding the freedoms of association and of peaceful assembly is widespread globally, as is the lack of policy harmony surrounding it. States frequently pass laws that are not fully protective of assembly and association rights, explicitly restrict rights and exclude certain groups or limit certain components of rights. For example, in India, where tens of millions of workers are in the informal economy, the Government is working to increase the flexibility of labour laws to make it easier for employers to fire workers.
- 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
- 2016
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 61
- Paragraph text
- When two pieces of legislation conflict, the gaps between them may provide an opportunity for rights violations to occur. States have an obligation to maintain clear and consistent standards in favour of assembly and association rights for all workers, across all laws, policies and practices. In the Philippines, the lack of policy coherence at the national level has resulted in conflicting policies on the rights to freedom of peaceful assembly and of association for public-sector workers. The executive order governing public-sector unions recognizes the right to collective bargaining agreements, but the Department of Budget Management imposes limits and budgetary restrictions, effectively undermining the right to negotiate in the public sector.
- 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
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 41
- Paragraph text
- A recent survey in European Union countries found that 75 per cent of women in management and higher professional positions and 61 per cent of women in the service sector have experienced some form of sexual harassment. Women workers in countries as diverse as Bangladesh, Cambodia, the Dominican Republic, Haiti, Jordan, Swaziland and Tunisia have reported verbal, physical or sexual abuse, sexual harassment or rape at work. Some 90 per cent of female Kenyan tea and export-processing workers say they have witnessed or experienced sexual abuse at work; nearly all said they were afraid to report it for fear of losing their job.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Gender
- Person(s) affected
- Women
- Year
- 2016
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 47
- Paragraph text
- Migrant domestic workers are, like other migrants, often unprotected by worker rights. They are subject to extreme abuses, including forced labour and trafficking and gender-based violence. They may be deprived of food and sleep, denied medical treatment and prohibited from leaving their workplace. Zainab Yusuf, a Kenyan worker trafficked to Saudi Arabia, had to work 21 hours a day cleaning and caring for her employers' seven children. She could not leave the house or contact her family, and faced ongoing sexual harassment and physical abuse from her employer and his sons. Under such conditions, domestic workers have no opportunity to peacefully assemble or to associate.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Movement
- Violence
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2016
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 51
- Paragraph text
- The International Covenant on Civil and Political Rights provides that States must respect assembly and association rights and ensure that all people within their territory and jurisdiction enjoy them, without distinction of any kind, through law, the provision of remedies and effective enforcement. States must also refrain from violating rights recognized by the Covenant, and are accountable for violations of those rights when the infringement occurs as a result of its failure to secure the right in domestic law and practice. The desire to maximize economic profit or create attractive investment climates does not lower the obligations and responsibilities of the State. The Covenant also obliges States to combat discrimination by private actors, including in employment.
- 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
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 52
- Paragraph text
- The principle of non-discrimination applies to all rights, and States are obliged to ensure that traditionally disenfranchised groups are able to enjoy their rights to freedom of peaceful assembly and of association. Article 4 of the Convention on the Elimination of All Forms of Discrimination against Women requires States to take positive measures to secure equal enjoyment of rights for women, including assembly and association rights. The Committee on Migrant Workers requires States to encourage self-organization among migrant workers irrespective of their migration status, and to inform them about associations that can provide assistance.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Movement
- Person(s) affected
- Persons on the move
- Women
- Year
- 2016
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 55
- Paragraph text
- The International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights both explicitly protect the right to form and join trade unions. International human rights law also imposes upon States a duty to actively promote, encourage and facilitate the enjoyment of fundamental rights, including labour rights (A/70/266, para. 4). Further, the notion that States should promote trade unionism among workers is implicit in the International Covenant on Economic, Social and Cultural Rights. States must take measures to ensure that third parties do not interfere with union 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
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 71
- Paragraph text
- On 14 November 2015, at a rally in the Republic of Korea, 20,000 police used tear gas and water cannons to disperse a protest attended by 100,000 demonstrators. Dozens were injured, and criminal proceedings were brought against 585 leaders and members of the Korea Confederation of Trade Unions. The Confederation president was sentenced to five years in prison (A/HRC/32/36, para. 41). The Special Rapporteur emphasizes again that charging peaceful assembly participants with criminal offenses violates the right to 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
- Activists
- Year
- 2016
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
Paragraph
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 51
- Paragraph text
- The Special Rapporteur also takes note of multiparty States in which governments impose excessive restrictions, in law and in practice, over the assembly and association rights of those not aligned with the ruling party, who oppose those parties' policies or who advocate for social changes. Many of these States have been governed by the same party or individual for decades, including Cambodia (see A/HRC/26/21, cases KHM 2/2014 and KHM 1/2014), Kazakhstan (see A/HRC/29/25/Add.2), Rwanda (see A/HRC/26/29/Add.2) and Zimbabwe (see A/HRC/25/74, case ZWE 3/2013; and A/HRC/26/21, case ZWE 1/2014). Even in more robust multiparty democracies, dominant parties may sometimes leverage their law-making or executive authority to restrict the assembly and association rights of those who oppose their policies. The Special Rapporteur has observed examples of this in Canada (see A/70/266, para. 59), Malaysia (see A/HRC/29/50, cases MYS 1/2015 and MYS 8/2014) and the United Kingdom.
- 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
Paragraph
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 74
- Paragraph text
- The Special Rapporteur is concerned about reports of restrictions on the free exercise of religion as a part of cultural life and on the use and teaching of minority languages, history and culture, and about the mandatory use of Chinese in the Tibet and Xinjiang Uighur Autonomous Regions. Furthermore, peaceful demonstrations in the Tibet Autonomous Region against these measures are met with excessive force and arbitrary arrests of demonstrators. Gatherings of individuals, including for religious activities, are frequently impeded by 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
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 76
- Paragraph text
- Caste-based systems found in some countries in South Asia, the Middle East, Africa and the Asia-Pacific region are considered to be discrimination on the basis of descent, but are also illustrative of cultural fundamentalism that violates the rights of those considered to be of inferior status. Caste-based systems are hereditary in nature, and they determine labour and occupation status, which is confined to menial and so-called "polluting" jobs. Caste systems also include untouchability practices based on the belief that contact with individuals from lower castes is "polluting", and discourage or prohibit intercaste interactions such as marriages, eating together and sharing goods and services (see A/HRC/31/56, para. 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
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 8
- Paragraph text
- The Special Rapporteur is not concerned with fundamentalist viewpoints per se, but rather with fundamentalism in action: concrete, specific violations of the rights to freedom of peaceful assembly and of association that are motivated by these viewpoints. Mere voluntary adherence to a fundamentalist belief system is not a human rights violation in and of itself. The right to hold opinions and the right to freedom of thought, conscience and religion are protected by articles 18 and 19 of the International Covenant on Civil and Political 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
- 2016
Paragraph
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 84
- Paragraph text
- The Special Rapporteur himself has extensively documented the trend, looking at the growing restrictions on civil society's ability to access resources (see A/HRC/23/39), restrictions on assembly and association rights in the context of elections (see A/68/299), States' propensity to favour businesses over non-profit organizations (see A/70/266) and restrictions on people's ability to engage in regard to natural resource exploitation (see A/HRC/29/25). The effect of this growing wave of restrictions is that people now have less space to peacefully engage in regard to decisions that profoundly 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
- Environment
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2016
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
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 98v (a)
- Paragraph text
- [The Special Rapporteur recommends that States:] Take appropriate measures, including affirmative measures, to ensure that workers in vulnerable situations have the ability to exercise effectively their assembly and association rights. Such measures should include: Improving guest worker programmes to, among other things, eliminate structural barriers, such as coercive conditions of work visas that provide the employer inordinate control over the lives of workers;
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2016
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 98v (b)
- Paragraph text
- [The Special Rapporteur recommends that States:] Take appropriate measures, including affirmative measures, to ensure that workers in vulnerable situations have the ability to exercise effectively their assembly and association rights. Such measures should include: Removing impediments to freedom of movement and access to justice (for example, provide temporary immigration status while rights violations are being investigated);
- 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
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2016
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
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
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 102iii
- Paragraph text
- [The Special Rapporteur recommends that the United Nations and multilateral financial institutions:] Ensure policy coherence through a thorough review and revision of policies, in consultation with trade unions and civil society that may adversely impact the full exercise of the rights to freedom of assembly and association of workers.
- 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
- Person(s) affected
- N.A.
- Year
- 2016
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 43
- Paragraph text
- Without the ability to organize and take collective action at work, too many of the world's working women are forced to labour in climates of violence and fear. The ever-present threat of the loss of employment, health, opportunities to provide for one's family and, potentially, one's life, exacerbates the challenge for workers to defend their basic 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)
- Equality & Inclusion
- Person(s) affected
- Families
- Women
- Year
- 2016
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 38
- Paragraph text
- Gender inequality in the family colludes with discrimination at work to further depress women's worker and human rights. For example, the disproportionate burden of household work falls to women across cultures, curtailing their mobility and limiting their employment opportunities. Shouldering the burden of unpaid care disenfranchises women and distances them from their rights to association at work because it forces women into part-time, on-call, at-home or underpaid care labour to enable them to continue their unpaid work. That often forces women into the informal, unprotected economy. Women generally work those jobs over longer lifespans than men, without job-related social protections, which exacts a heavy toll that includes entrenched impoverishment.
- 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
- Families
- Women
- Year
- 2016
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
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 88
- Paragraph text
- Labour, environmental and human rights groups report that the Trans-Pacific Partnership Free Trade Agreement, signed by the United States and 11 Pacific Rim countries on 4 February 2016, not yet in force, was negotiated non-transparently and that its backers were primarily business lobbies. Critics point out that it fails to improve on the inadequate labour rights commitments of previous agreements, and extends benefits to countries like Viet Nam and Brunei, which limit political rights, civil liberties and freedom of association, and ban independent unions. Mexico is also a beneficiary, despite its record of permitting "illegitimate collective bargaining agreements (commonly known as 'protection contracts')" signed "between an employer and an employer-dominated union".
- 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
- 2016
Paragraph
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 56
- Paragraph text
- The Special Rapporteur is gravely concerned about States that place excessive restrictions on people's ability to practise the religion of their choice, or that pressure people to abstain from practising a religion altogether. Such restrictions clearly impact on enjoyment of article 18 of the International Covenant on Civil and Political Rights, which protects the right to freedom of thought, conscience and religion. But restrictions on the ability to form religious associations and/or to join religious gatherings also directly implicate the rights to freedom of peaceful assembly and of association. In the Special Rapporteur's view, States cannot claim to uphold assembly and association rights when they criminalize freedom of religious (or irreligious) expression and thought. The right to believe and express thoughts freely is a precondition for the exercise of the rights to freedom of peaceful assembly and of association; the latter rights simply allow like-minded people to express themselves collectively.
- 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
Paragraph
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 47
- Paragraph text
- Similar repression of the rights to freedom of peaceful assembly and of association has taken place in autocracies where all political power is concentrated in the hands of a single person or family and is often passed on hereditarily. Saudi Arabia, for example, bans political parties, criminalizes acts such as "breaking allegiance to the ruler" and "attempting to discredit the Kingdom of Saudi Arabia", and has frequently detained, imprisoned and otherwise harassed activists and organizations critical of the Government (see A/HRC/29/50, case SAU 14/2014; A/HRC/28/85, case SAU 11/2014; and A/HRC/27/72, case SAU 5/2014).
- 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
- Person(s) affected
- Families
- Year
- 2016
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
Paragraph
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 19
- Paragraph text
- International human rights law places the primary obligation for the respect, protection and fulfilment of rights on the State. In the context of fundamentalism, this obligation may appear to be somewhat distorted owing to the fact that some human rights abuses come at the hands of non-State actors. But the obligation of States to protect and facilitate peaceful assembly and association rights includes a duty to ensure that private individuals do not violate these rights. To discharge their duties in that respect, States should, among other things, enact robust national laws that stipulate clearly the rights and responsibilities of all, create independent and effective enforcement and adjudicatory mechanisms, and ensure effective remedies for violations of 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
Paragraph
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 20
- Paragraph text
- The obligation to protect is recognized in international human rights law instruments as well as by international and regional human rights bodies. For example, States parties to the International Convention on the Elimination of All Forms of Racial Discrimination are required to take action against all propaganda and all organizations that are based on ideas or theories of racial or ethnic superiority. The measures include declaring illegal and prohibiting such organizations and activities that promote and incite racial discrimination. This provision obligates States to take action directly against non-State actors that promote or incite racial discrimination.
- 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
Paragraph
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 21
- Paragraph text
- The Human Rights Committee has stated that the positive obligations of States parties "will only be fully discharged if individuals are protected by the State, not just against violations of Covenant rights by its agents, but also against acts committed by private persons or entities that would impair the enjoyment of Covenant rights". States parties' failure to take appropriate measures or exercise due diligence to prevent, punish, investigate or redress the harm caused by non-State actors may constitute a violation of the International Covenant on Civil and Political Rights. The Committee on the Elimination of Discrimination against Women has affirmed that "States may also be responsible for private acts if they fail to act with due diligence to prevent violations of rights or to investigate and punish acts of violence, and for providing compensation". The Inter-American Court of Human Rights has found similarly.
- 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
- Governance & Rule of Law
- Person(s) affected
- Women
- Year
- 2016
Paragraph
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 22
- Paragraph text
- International human rights law is understood to act as a restraint to State power. Human rights law therefore does not directly address the responsibility of non-State actors, although international instruments address non-State actors' duty to promote and observe human rights. Nevertheless, the expanding power and influence of non-State actors is encouraging the exploration of ways to hold them legally accountable for actions that violate human rights (A/HRC/29/25, paras. 23-25). In the absence of consensus and institutions to hold non-State actors liable for human rights violations at the global level, the State remains the primary duty-bearer, capable of responding to abuses by non-State actors.
- 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
Paragraph
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 24
- Paragraph text
- A broad approach to understanding "fundamentalism" is important in order to clarify possible violations and understand State responsibilities. For example, the designation and privileging of a State religion or ideology may serve to encourage intolerance of other religions by non-State actors. A one-party political system is virtually guaranteed to entrench intolerance - both State-sponsored and private - of other political ideologies. Extreme nationalist rhetoric that is echoed by political figures in leadership positions may result in attacks on migrant populations and civil society organizations working on migrant issues.
- 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
- Social & Cultural Rights
- Person(s) affected
- Persons on the move
- Year
- 2016
Paragraph
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 27
- Paragraph text
- Free market fundamentalism (also referred to in this report as "market fundamentalism") can be described broadly as the belief that free market economic policies are infallible, and consequently are the best way to solve economic and social problems. It is tied closely with the belief that maximum production of economic wealth is inherently good for society and its members, and that the health of the economy should be paramount and prioritized over other societal interests. It therefore can lead to the imposition of a set of rules whereby side effects or alternative economic approaches are not taken into account.
- 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
Paragraph
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 29
- Paragraph text
- Free market fundamentalism is rooted in academic economic theories, which are often cited as empirical evidence in favour of imposing laissez-faire economic policies. The reliability of these theories is a controversial subject, notably because economics is a social science that concerns itself with the messy and diverse subject of human behaviour and human-created systems, and studies demonstrating the opposite are equally available. The dominance of free market principles has become especially pronounced since communism collapsed, which was seen by many as proof that liberal economies were more successful and sustainable. This has led to an era of limited questioning about the positive and negative impacts of the free market approach, a situation which has helped enable 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
Paragraph
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 77
- Paragraph text
- In India, discrimination against individuals of lower caste - Dalits - manifests itself in various ways, including a lack of access to justice, threats to life, and gender-based violence against women and girls. Protests by Dalits are often met with violence and excessive use of force by high-caste individuals and law enforcement officials. Also, Dalit activists are detained and prosecuted on serious charges such as terrorism. At the multilateral level, India has placed impediments to accreditation by the Committee on Non-Governmental Organizations (a standing committee of the Economic and Social Council) of the International Dalit Solidarity Network, an international non-governmental organization that focuses on caste-based discrimination and other forms of discrimination based on work and descent (see A/69/365, para. 74).
- 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
- Girls
- Women
- Year
- 2016
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
Paragraph
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 11
- Paragraph text
- Fundamentalism can motivate violations of assembly and association rights by both State and non-State actors, though the distinction between each type of perpetrator is not always obvious. What is clear, however, is that fundamentalism - whether State-sponsored or not - poses the greatest threat to the rights to freedom of peaceful assembly and of association when it becomes closely allied with power; that is, when it is adopted or even tacitly approved by some entity with the authority or means to impose, directly or indirectly, involuntary adherence to fundamentalist values.
- 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
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 63
- Paragraph text
- States that discriminate or exclude certain groups from protective legislation violate their obligations to respect and protect these rights, as well as the basic principle that these rights should be enjoyed by everyone equally. Authorities may not discriminate against any group or individual on grounds such as gender, immigration or residency status, language, social opinion, race, religion or sexual orientation. Enforcement of migration laws cannot take priority over respect for human rights law.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Movement
- Social & Cultural Rights
- Person(s) affected
- Persons on the move
- Year
- 2016
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 16
- Paragraph text
- The rights to freedom of peaceful assembly and of association are fundamental worker rights. Since they enable people to voice and represent their interests, they are key to the realization of both democracy and dignity, to holding Governments accountable and to empowering human agency. These rights are also a means to level the unequal relationship between workers and employers, thereby helping workers correct abuses and gain access to fair wages, safe working conditions and a collective voice.
- 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
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 20
- Paragraph text
- While the informal economy has always existed, deregulation and the development of global supply chains have exponentially expanded its growth. The informal economy includes self-employed workers, employees of informal enterprises, day labourers, market vendors, temporary, part-time or contract workers and more. Informal workers can be teachers, agricultural workers, call centre workers, taxi drivers, waste pickers or workers who make deliveries, among others.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2016
Paragraph
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 61
- Paragraph text
- In Malaysia, Islam is the official religion, and the Constitution protects the right of non-Muslims to "profess and practice" his or her religion. However, the Special Rapporteur has received complaints that organizations that promote more liberal interpretations of Islam have been harassed by the Government, notably by the Wilayah Persekutuan Religious Council (a religious policing institute administered within the Prime Minister's department).
- 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
- All
- Year
- 2016
Paragraph
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 68
- Paragraph text
- Cultural fundamentalism has been described as the belief that certain cultures, languages or traditions are "better" than others. Cultural and national identities are often conflated into notions of cultural and nationalist fundamentalism, for example in the context of immigration. As such, this section covers cultural and nationalist fundamentalisms as largely overlapping concepts.
- 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
- Persons on the move
- Year
- 2016
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 98v (c)
- Paragraph text
- [The Special Rapporteur recommends that States:] Take appropriate measures, including affirmative measures, to ensure that workers in vulnerable situations have the ability to exercise effectively their assembly and association rights. Such measures should include: Regulation of financial requirements that create debt and conditions for exploitation by third parties;
- 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
Paragraph
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 88
- Paragraph text
- The Special Rapporteur agrees with the United Nations High Commissioner for Human Rights that Member States must move away from a "hard security" approach, focusing instead on human rights and on "promoting resilience" in communities, so that people "feel they have space to freely express themselves and fully participate in political life and 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
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2016
Paragraph
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 92c
- Paragraph text
- In this regard, the Special Rapporteur reiterates recommendations made in previous reports to the extent that they are applicable to this context, and makes the following recommendations to States: (c) Take positive measures to ensure that all individuals belonging to groups at risk of being targeted by fundamentalists have the ability to exercise their rights effectively, 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)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- N.A.
- Year
- 2016
Paragraph
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 92d
- Paragraph text
- In this regard, the Special Rapporteur reiterates recommendations made in previous reports to the extent that they are applicable to this context, and makes the following recommendations to States: (d) Ensure that no individual is criminalized for exercising his or her rights to freedom of peaceful assembly and of association, nor is subjected to threats or use of violence, harassment, persecution, intimidation 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
- Person(s) affected
- N.A.
- Year
- 2016
Paragraph
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 13
- Paragraph text
- Perhaps the most straightforward type of violation in this regard is unduly limiting assembly and association rights via the enforcement of State-sponsored fundamentalist policies. Examples include the banning of opposing political parties by authoritarian one-party States, or the forbidding by States of certain religious faiths or beliefs.
- 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
Paragraph
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 23
- Paragraph text
- What does this mean for non-State actors who by reason of fundamentalism infringe on the rights of others to freedom of peaceful assembly and of association? Whatever the debates about the human rights obligations of non-State actors, the Special Rapporteur is firm in his belief that, as a practical matter, the actions of non-State actors - whether natural or legal persons - may result in the violation of rights. This eventuality must be addressed.
- 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
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 98x
- Paragraph text
- [The Special Rapporteur recommends that States:] Upholding the protection of workers' assembly and association rights in bilateral and multilateral trade and investment agreements, and consulting with civil society organizations, including trade unions, to the same extent as business entities in their engagement on such agreements;
- 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
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 100ii
- Paragraph text
- [The Special Rapporteur recommends that civil society, including trade unions:] Commit to the principle that labour rights are human rights, and recognize the urgent need for general human rights organizations to work on labour rights as a part of their core mandates, particularly in this era of weakening of workers' 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
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 101ii
- Paragraph text
- [The Special Rapporteur recommends that the International Labour Organization:] Enhance policies and programmes to ensure that workers in vulnerable situations, including migrant workers, domestic workers, workers from minority groups and workers in the informal economy, can exercise 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)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- Persons on the move
- Year
- 2016
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 64
- Paragraph text
- Racial discrimination can prevent workers from exercising their peaceful assembly and association rights, as in Colombia, where approximately 75 per cent of the workforce in Colombia's ports, primarily Afro-descendant workers, are employed under flexible contracts and not allowed to join unions or to bargain. Many of the thousands of trade unionists in Colombia murdered between 1986 and 2011 were Afro-Colombian.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 32
- Paragraph text
- Intimidation is common to the migrant worker experience. In 2015, 245 Zimbabwean migrant workers were harassed, intimidated and suffered retaliation (and four of them physical violence) after they organized to ask for a wage increase on a vegetable farm in South Africa. They had worked 12-hour days, seven days a week, and 17-hour days during the vegetable harvest, but were paid about half the minimum wage. They were forcibly evicted in September 2015, but later vindicated in court, when the judge found they were owed back pay or reinstatement.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2016
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
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 29
- Paragraph text
- Having legal status does not ensure workers can exercise their fundamental rights. Most temporary or circular migration programmes structurally deny or inhibit rights to assembly and association and leave workers at the mercy of employers. Two such programmes are the Middle East kafala and United States guest-worker programmes. In many Middle East countries (such as Bahrain, Kuwait, Oman, Saudi Arabia and Qatar), this hyper-rigid system ties a migrant worker's presence in the country to a visa sponsored by a citizen. Workers' ability to reside, work or even leave the country is subject to the approval and whims of a migrant's sponsor, who has near total control over the worker's existence. Nearly the same is true in United States guest-worker programmes, where visas are tied to specific employers. From a legal standpoint, these States have delegated oversight, control and responsibility for foreign nationals to private companies and individuals. Such devolution of responsibility has led to gross abuses and denial of fundamental 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
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2016
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 30
- Paragraph text
- Every year the United States has more than 100,000 guest workers on temporary H-2 work visas in sectors like landscaping, construction, seafood processing and agriculture. Although they are documented migrants, guest workers report being cheated of their wages, threatened with guns, beaten, raped, starved and imprisoned. Some have died on the job. The link between the visa and employer provides a coercive element: workers who complain about working conditions can be fired, and must leave the country or face deportation. This contingent relationship quells workers' efforts to exercise freedom of association and assembly. Workers who attempt to exercise their rights are often blacklisted by employers, who use the threat of denied future work opportunities to silence workers.
- 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
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2016
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 31
- Paragraph text
- In the United Kingdom, gang-master-controlled work in the hospitality, food-processing and agriculture sectors often exploits migrant workers through wage theft or confiscation of passports. The prospect of dismissal and loss of the legal right to work and remain in the country chills the exercise of rights by these workers. Because police investigations tend to focus more on immigration enforcement than claims of serious maltreatment of migrant workers, access to justice is denied. Forced labour is also a significant and growing problem in the United Kingdom.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2016
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 89
- Paragraph text
- The Special Rapporteur has previously highlighted the Trans-Pacific Partnership Free Trade Agreement's clear bias favouring the economic interests of businesses over the freedom of assembly and association rights of non-investors, giving corporations the right to challenge laws and policies that harm their investments, while not affording civil society groups equal treatment (A/HRC/32/36, para. 39). The Special Rapporteur believes that the labour provisions in trade agreements are incapable of delivering sustainable improvements in the enabling environment for freedom of association for workers without binding enforcement mechanisms and a clear political commitment by signatory States.
- 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
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
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
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 58
- Paragraph text
- States have the primary role in preventing or halting violations of workers' rights to freedom of peaceful assembly and of association, with clear obligations to protect, promote, facilitate and fulfil those rights, even in the global economy. Yet workers' ability to exercise their rights is in precipitous decline. Many States place obstacles, both in law and practice, that restrict workers' rights or fail to enforce laws protecting those rights. The International Trade Union Confederation found that 50 of 141 countries surveyed had such restrictions.
- 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
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2016
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 74
- Paragraph text
- States with authoritarian governments may allow or encourage the establishment and the operation of State-sponsored workers associations and unions, with the aim of preventing the emergence of independent voices. China limits workers' rights to form labour associations and to elect their preferred union representation by giving monopolistic status to the All-China Federation of Trade Unions, which suppresses worker organizing. Government-aligned union federations in Egypt (see E/C.12/EGY/CO/2-4, para. 13), the Russian Federation and Viet Nam (see E/C.12/VNM/CO/2-4, para. 21) thwart workers' attempts to form independent unions, rarely represent worker interests, often sign weak collective bargaining agreements (without worker input) and actively prevent workers from exercising 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)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2016
Paragraph
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 33
- Paragraph text
- Some countries, for example, have linked natural resource exploitation with national security interests, limiting the assembly and association rights around such activities in the process. While governments may have a legitimate interest in protecting areas dedicated to natural resource exploitation, they must be extremely cautious to ensure that restrictions in these areas are necessary and proportionate in a democratic society in order to be justifiable under international human rights law. Peaceful opposition to natural resource exploitation projects - whether in the form of protests or community groups - may be economically "inefficient" and difficult for States and businesses to balance against profit motives. But States have a duty under international law to allow and promote space for such opposition. In addition, national, political, economic or government interest is not synonymous with national security or public order (see A/HRC/31/66, para. 31).
- 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
- 2016
Paragraph
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 34
- Paragraph text
- The Anti-Terrorism Act of 2015, of Canada, has been criticized for expanding the definition of national security to include "the economic or financial stability of Canada". Under this definition, a peaceful protest by environmentalists blockading a logging road could potentially be labelled a threat to national security. While economic activity is important, it is not one of the grounds enumerated in the International Covenant on Civil and Political Rights for permissible restriction of peaceful assembly and association rights. States tread a dangerous path when they prioritize the freedom of the market over the freedom of human beings. The economic rights of investors should never trump fundamental human rights in the Covenant.
- 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
- 2016
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
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
Paragraph
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 39
- Paragraph text
- Free market fundamentalist views also lie at the heart of most international trade treaties, such as the Trans-Pacific Partnership, which was signed by 12 Pacific Rim States in February 2016. Certain provisions of the treaty which is not yet in force, show a clear bias towards favouring the economic interests of businesses over the assembly and association rights of non-investors. The Trans-Pacific Partnership's investor-State dispute settlement mechanism, for example, gives corporations the right to challenge State laws and policies that harm their investments. These challenges would take place before a panel of arbitrators, outside the country's ordinary court system, and could be used to attack laws protecting workers' rights, the environment, and the rights to peacefully assemble or associate. The Trans-Pacific Partnership has no equivalent mechanism for individuals or civil society organizations to directly challenge corporations or States for human rights abuses.
- 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
- 2016
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
Paragraph
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 42
- Paragraph text
- The term "political fundamentalism" is used here to refer to the elevation of a particular political ideology or party or State leader above others, to the extent that those holding competing ideas are limited in their ability to express competing views. He sees this phenomenon as most common in formal or de facto one-party States, where the dominance of one political grouping is enshrined in law or in practice. These groupings may be based on a political philosophy, or rooted in alliances of individuals who collaborate to co-opt the State apparatus for their own personal benefit. Other manifestations include absolute monarchies, autocracies or similar structures, where power is formally concentrated in the hands of one individual or a small group.
- 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
Paragraph
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 43
- Paragraph text
- The Special Rapporteur considers such political systems to be a type of fundamentalism because they require dogmatic adherence to official party platforms or allegiance to a particular leader. The expression of peaceful dissent or competing ideas in such systems can be severely punished, with obedience being demanded to the dominant political dogma. The exercise of the rights to freedom of peaceful assembly and of association, which typically function as democratic vehicles to express peaceful dissent and constructive criticism of the government, is often severely limited. Regrettably, the membership of the United Nations includes a long list of States plagued by varying degrees of political fundamentalism. The Special Rapporteur does not seek to provide a comprehensive list of those States, but rather gives examples that highlight how this type of fundamentalism affects 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
- Person(s) affected
- N.A.
- Year
- 2016
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
Paragraph
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 55
- Paragraph text
- These examples of violence are deeply troubling illustrations of how religious fundamentalism of all types can harm the rights to freedom of peaceful assembly and of association. But the Special Rapporteur takes a much broader view of religious fundamentalism, and considers it to encompass more than violent, extremist actions or terrorism. Violations connected to terrorism or other extremist acts are relatively rare when compared to less dramatic, everyday abuses. Moreover, the causes and effects of terrorism have been extensively covered in other contexts; as such, they are not the Special Rapporteur's focus in this section.
- 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
Paragraph
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 10
- Paragraph text
- The present report can be viewed as following on from the Special Rapporteur's 2014 report to the Council on threats against groups most at risk when exercising assembly and association rights (see A/HRC/26/29). That report focused on the groups whose rights were being violated, which included persons with disabilities; women; lesbian, gay, bisexual, transgender and intersex people; and others. The follow-on report focuses on the other half of the equation: who are the perpetrators of these abuses, what are the ideologies that drive them, and what are the State's obligations to respect, protect and fulfil the rights to freedom of peaceful assembly and of association in this context?
- 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
- LGBTQI+
- Women
- Year
- 2016
Paragraph
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 79
- Paragraph text
- As with the other expressions of fundamentalism described above, the Special Rapporteur considers that individuals, groups or authorities that employ or acquiesce to the use of cultural and national superiority arguments often seek to exercise power over minority populations. He therefore urges promotion and protection of diversity and tolerance, as a means to ensure effective exercise of the rights to freedom of peaceful assembly and of association, to strengthen social cohesion and democratic governance and to prevent conflict.
- 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
- Ethnic minorities
- Year
- 2016
Paragraph
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 80
- Paragraph text
- As detailed above, the Special Rapporteur interprets fundamentalism as a broad phenomenon that can just as often express a majority view as a minority one. He frames extremism as something altogether different: the advocacy of extreme or radical measures, such as violent overthrow of a government, violence and terrorism. Extremists frequently hold fundamentalist views and act in the name of those views, but the two phenomena are not always linked. The Special Rapporteur is deeply concerned about the growth of extremism in the world today and believes that it is a major contributing factor in the ongoing global crackdown on democratic freedoms, 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)
- Civil & Political Rights
- Person(s) affected
- N.A.
- Year
- 2016
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 80
- Paragraph text
- International human rights law imposes on States the responsibility to take positive measures to ensure the exercise of rights. This means that States cannot take action to undermine rights, and that they cannot maintain a "neutral" or "hands-off" approach in response to third party actions that undermine these rights (A/HRC/32/36/Add.2, para. 68).
- 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
- 2016
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 42
- Paragraph text
- Women union leaders in Guatemala are "especially targeted" with threats, violence and murder. Women workers report being punched to force miscarriages, or abducted while waiting for transportation to and from work. In Guatemala, more than 5,000 women and girls were killed between 2008 and 2015. The Government of Guatemala has adopted a law against femicide, but rather than use the law to punish and pursue those responsible, it is often used to attack union leaders.
- 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
- Person(s) affected
- Girls
- Women
- Year
- 2016
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 99i
- Paragraph text
- [The Special Rapporteur recommends that businesses (including employers, lead firms, subsidiaries, suppliers, franchisees or investors in supply chains):] Meet their obligations to respect the rights to freedom of peaceful assembly and of association. That includes respecting the rights of all workers to form and join trade unions and labour associations and to engage in collective bargaining and other collective action, including the right to strike;
- 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
- 2016
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 99iii
- Paragraph text
- [The Special Rapporteur recommends that businesses (including employers, lead firms, subsidiaries, suppliers, franchisees or investors in supply chains):] Implement the Guiding Principles on Business and Human Rights by, among other things, making policy commitments to respect peaceful assembly and association rights and conducting due diligence in relation to human rights in respect of global supply chains.
- 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
- 2016
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 102i
- Paragraph text
- [The Special Rapporteur recommends that the United Nations and multilateral financial institutions:] In consultation with trade unions and worker organizations, ensure the promotion and protection of assembly and association rights in their policies and programmes, particularly with regard to policies related to employment, economic development, trade, migration and the rights of specific groups, including women, children, racial/ethnic minorities;
- 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
- Person(s) affected
- Children
- Ethnic minorities
- Persons on the move
- Women
- Year
- 2016
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 24
- Paragraph text
- Women tend to be concentrated in the bottom levels of the global supply chain, in sectors with lower pay, less prestige and fewer benefits, such as the garment, electronic assembly and service sectors. More women than men work in agriculture, where they comprise approximately 70 per cent of the informal workforce. Further, women usually constitute 60 to 90 per cent of the workforce in special economic zones, where worker protections are sharply reduced or eliminated in order to attract foreign investment.
- 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
- Men
- Women
- Year
- 2016
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 98v (d)
- Paragraph text
- [The Special Rapporteur recommends that States:] Take appropriate measures, including affirmative measures, to ensure that workers in vulnerable situations have the ability to exercise effectively their assembly and association rights. Such measures should include: Actively creating an enabling environment for workers to establish independent, voluntary associations, including trade unions;
- 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
- 2016
Paragraph
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 92f
- Paragraph text
- In this regard, the Special Rapporteur reiterates recommendations made in previous reports to the extent that they are applicable to this context, and makes the following recommendations to States: (f) Ensure that law enforcement authorities who violate the rights of individuals belonging to groups at risk of being targeted by fundamentalist groups are held personally and fully accountable by an independent and democratic oversight body and by the courts of 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
- 2016
Paragraph
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 92g
- Paragraph text
- In this regard, the Special Rapporteur reiterates recommendations made in previous reports to the extent that they are applicable to this context, and makes the following recommendations to States: (g) Establish or strengthen oversight mechanisms, for example through parliament or human rights institutions, to identify and deal with fundamentalist practices that restrict 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
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 95
- Paragraph text
- Workers are entitled to the rights to freedom of peaceful assembly and of association regardless of their status within a country. Further, those rights are central to ensuring that workers can claim their rights to just and favourable conditions of work in the face of structural obstacles that keep them and their issues marginalized.
- 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
- Person(s) affected
- All
- Year
- 2016
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The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 98iii
- Paragraph text
- [The Special Rapporteur recommends that States:] Ensure that the rights to freedom of peaceful assembly and of association can be exercised in the workplace by everyone without discrimination on the basis of type of work, employment, workplace, enterprise or sector, immigration status or other limitations contrary to international law and 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
- Person(s) affected
- All
- Year
- 2016
Paragraph
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 92a
- Paragraph text
- In this regard, the Special Rapporteur reiterates recommendations made in previous reports to the extent that they are applicable to this context, and makes the following recommendations to States: (a) Ratify all relevant international human rights instruments that protect 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
- 2016
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 50
- Paragraph text
- The rights to freedom of peaceful assembly and of association are recognized in numerous international instruments, including the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights and the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families.
- 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
- Families
- Persons on the move
- Year
- 2016
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 65
- Paragraph text
- In addition, States that use or allow the use of precarious and informal labour to avoid legal employment obligations, such as minimum wage rates and benefits (and often to avoid unionization), are failing to respect workers' assembly and association rights. Peru, for example, is increasingly using short-term contracts in the public sector. Cambodia's new trade union law excludes informal workers, civil servants, teachers and domestic workers from its scope. Also, the Republic of Georgia uses short-term contracts for many State and municipal employees and refuses to apply provisions of the labour code that require long-term or open-end employment contracts.
- 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
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 67
- Paragraph text
- Restrictions often used include exclusion of categories of workers from the right to strike; excessive prerequisites required to hold a legal strike; inappropriate legal changes that allow public authorities to suspend or declare a strike illegal; and government and public arguments favouring restrictions on the right to strike. Onerous requirements or excessive restrictions can make it almost impossible to conduct a legal strike, thereby removing one of the tools of last recourse for workers trying to bring unwilling employers to the bargaining table. Such restrictions constitute a violation of workers' rights to freedom of 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
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2016
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 68
- Paragraph text
- States are obliged to respect the rights to freedom of peaceful assembly and of association by refraining from interfering, directly or indirectly, with their exercise. Under international law, restrictions on the rights to peaceful assembly and to association and to form or join a trade union are permissible only where prescribed by law and as necessary in a democratic society in the furtherance of the legitimate interests enumerated in those instruments. International law foresees the possibility of States restricting members of armed forces and police from exercising the right to freedom of association, and allows for States to restrict the right to strike for essential services and civil servants engaged in the administration of the State. However, as with all restrictions, these should be the exception rather than the rule.
- 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
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 85
- Paragraph text
- Governments and employers are not the only entities that influence workers' ability to exercise their peaceful assembly and association rights. Multilateral financial institutions may condition government loans on measures that weaken labour protections, deny workers a voice in the process and move employment towards informality. Recent International Monetary Fund loans to Romania and Greece were conditioned on limiting or denying workers' rights and benefits. Meanwhile, the same financial institutions fail to enforce their own labour standards, as in Uzbekistan, where the World Bank-funded projects that benefit the Government's cotton sector are plagued by State-sponsored forced labour. The Special Rapporteur notes that the World Bank recently adopted a new environmental and social framework that specifies that workers' rights must be respected in Bank-financed projects. He is concerned, however, that the labour safeguards do not reference international human rights standards and, as such, may be weakened by national laws.
- 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
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
Paragraph
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 17
- Paragraph text
- The values of pluralism, tolerance and broadmindedness are at the core of any successful and stable democratic State. Indeed, the European Court of Human Rights has stated that there can be no democracy without pluralism. The Special Rapporteur has previously noted (see A/HRC/26/29, para. 31) that the rights to freedom of peaceful assembly and of association are so fundamental in part because of their crucial role in promoting pluralism. They provide a platform for all people - including those at the margins - in any society to mobilize, organize, and work towards change in a peaceful 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
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2016
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
Paragraph
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 86
- Paragraph text
- This is what happened in the Syrian Arab Republic, Libya and elsewhere. Opposition and dissent were long repressed, impeding the growth and maturity of peaceful, constructive civil society organizations. Instead, when the governments of those countries were destabilized, extremist groups - including from outside the country - were the best prepared to step in and fill the power vacuum. These scenarios are the product of a system that gave no space for peaceful civic engagement. In Tunisia, by contrast, civil society was more developed than in most other places in the Arab world. It has been indispensable to the relative, albeit uneasy, stability, and won a Nobel Peace Prize for its contributions.
- 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
- Person(s) affected
- N.A.
- Year
- 2016
Paragraph
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 87
- Paragraph text
- States that claim to be fighting terrorism yet at the same time restrict civil society are playing with fire. The existence of a robust civil society and respect for human rights in general are critical in combatting extremism, and in channelling dissent and frustrations in a legitimate way through the system. In a democratic environment, civil society gives States a legitimate and open partner to work with and expresses people's views in an public and transparent way. The exercise of peaceful assembly and association rights encourages freer discussion between ordinary people, which can build relationships, increase social cohesion and encourage tolerance. All of this helps to foster moderation and counter extremist tendencies and will yield more sustainable results than short-term suppression.
- 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
Paragraph
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 89
- Paragraph text
- The Special Rapporteur is disturbed by the apparent consensus among some States that assembly and association rights are dangerous, cause chaos or even foster extremism and terrorism. He categorically rejects this view and stresses that limiting these rights will not contain the spread of extremism. It is the suppression of peaceful assembly and association rights that is dangerous, especially in the medium and long term. He urges Member States not to propagate the rhetoric of fear in the fight against extremism. The rights to freedom of peaceful assembly and of association do not inherently encourage extremism, chaos or violence. They are, in fact, the best antidotes we have against all of these ills.
- 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
Paragraph
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 90
- Paragraph text
- Fundamentalism is one of the overriding preoccupations of our time, but the Special Rapporteur believes that our understanding of this phenomenon remains clouded. Fundamentalism is not simply about terrorism, extremism or even religion. It is, at bottom, a mindset based on intolerance of difference - whether religious, secular, political, cultural, economic or otherwise. Such mindsets do not, in and of themselves, constitute violations of the rights to freedom of peaceful assembly and of association, or of other rights. But they can form the ideological basis for such violations. In the worst cases, they can also motivate extremist actions.
- 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
Paragraph
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 91
- Paragraph text
- The Special Rapporteur emphasizes that the rights to freedom of peaceful assembly and of association are due to everyone without distinction. This includes both those who hold fundamentalist views and those who hold differing views. The rights to freedom of peaceful assembly and of association play a key role in promoting tolerance, broadmindedness, diversity and pluralism. States must walk a fine line in balancing the rights of various groups and must ensure that one group is not favoured, either in policy or in practice. Such rights must therefore not only be protected but also facilitated.
- 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
Paragraph
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 92e
- Paragraph text
- In this regard, the Special Rapporteur reiterates recommendations made in previous reports to the extent that they are applicable to this context, and makes the following recommendations to States: (e) Ensure that administrative and law enforcement officials are adequately trained to respect and protect the rights of individuals who may be at risk of being targeted by fundamentalist groups while exercising their rights to freedom of peaceful assembly and of association, in particular in relation to their specific protection needs;
- 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
Paragraph
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 81
- Paragraph text
- People have an instinctive need to take part in the societies in which they live - to have some control over their destinies, to voice their discontents and to improve their lives. This need has only been magnified in our age of abundant information, where people are even more acutely aware of the injustices that plague our world. People today are more connected, more informed of their rights, and probably more emboldened to seize those rights than at any other time in history. They have a vision for the world that they live in and they want to take part in it. The Special Rapporteur believes that this desire to engage and improve is fundamentally positive, and is one of the important driving factors in human progress. But in order for this desire to be productive and peaceful, people must be given the right tools.
- 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
Paragraph
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 82
- Paragraph text
- The rights to freedom of peaceful assembly and of association are precisely those tools. They allow people to come together to share their experiences, to challenge the status quo, and to identify and solve problems. They allow us to build stable, peaceful, inclusive and prosperous societies sustainably. Assembly and association rights are also platforms for the exercise and promotion of other civil, cultural, economic, political and social rights (see A/HRC/23/39). Shutting down a humanitarian NGO, for example, is not only an affront to those who operate the NGO; it also hurts those who benefit from the NGO's work.
- 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
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2016
Paragraph
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 83
- Paragraph text
- Unfortunately, the tools of peaceful assembly and association are being taken away at an unprecedented rate across the world today. Data from one civil society organization indicate that between 2004 and 2010, more than 50 countries either considered or adopted measures for restricting civil society. Another study found that 96 countries had recently taken steps to inhibit NGOs from operating at full capacity. States across the globe, meanwhile, are using the fight against extremism as an excuse to restrict fundamental human rights, when they should be expanding 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
- 2016
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 98xi
- Paragraph text
- [The Special Rapporteur recommends that States:] Ensuring that non-State actors, particularly businesses, comply with international human rights norms and standards, and in particular the rights to freedom of peaceful assembly and of association. Regulation mechanisms should include due diligence processes, human rights impact assessments and mandatory disclosure regimes in respect of global supply chains.
- 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
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 45
- Paragraph text
- Situated at the intersections of gender, race, migration and informality, domestic workers represent a large component of the global workforce excluded from the rights to freedom of peaceful assembly and to association. ILO estimates that 67 million people globally are domestic workers, and 80 per cent of them are women; and that 11.5 million migrant workers are domestic workers, about three-quarters of them women.
- 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
- 2016
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 49
- Paragraph text
- Many countries, including the United Kingdom and France, exclude domestic workers from the jurisdiction of labour inspectorates in deference to employers' privacy. Canada (Ontario), Ethiopia and Jordan exempt domestic workers from laws covering trade union representation. Migration law often also treats domestic workers differently from other workers. The Special Rapporteur notes, however, as a positive step, that 30 countries have now extended labour protection to domestic workers.
- 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
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2016
Paragraph
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 92b
- Paragraph text
- In this regard, the Special Rapporteur reiterates recommendations made in previous reports to the extent that they are applicable to this context, and makes the following recommendations to States: (b) Take all measures necessary to ensure that discrimination on prohibited grounds under international human rights law is eliminated, including in legislation or in practice, whether perpetrated by the State or by non-State actors;
- 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
- 2016
Paragraph
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 92h
- Paragraph text
- In this regard, the Special Rapporteur reiterates recommendations made in previous reports to the extent that they are applicable to this context, and makes the following recommendations to States: (h) Use ordinary provisions of the Criminal Code to prosecute extremist or terrorist acts and refrain from enacting legislation that specifically targets religious activities, religious organizations, civil society, human rights defenders and activists;
- 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
- Activists
- Year
- 2016
Paragraph
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 92i
- Paragraph text
- In this regard, the Special Rapporteur reiterates recommendations made in previous reports to the extent that they are applicable to this context, and makes the following recommendations to States: (i) Become less restrictive in regulating civil society and the rights to freedom of peaceful assembly and of association, and recall that democracy, tolerance and inclusiveness are among the most reliable indicators for long-term security, prosperity and moderation.
- 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
Paragraph
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 97
- Paragraph text
- Finally, the Special Rapporteur recommends that States, civil society organizations, multilateral institutions and other donors increase funding for the promotion of democracy, particularly for local organizations and activists. The Special Rapporteur views the strengthening of democracy as the best long-term strategy for countering extremism, as people are less likely to act upon extreme or violent views when they feel that they have a stake in their 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
- Person(s) affected
- N.A.
- Year
- 2016
Paragraph
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 28
- Paragraph text
- For market fundamentalists, interference with the market - particularly government regulation - is viewed as an inefficiency that reduces the economy's ability to produce wealth, and should be avoided in pursuit of the freest markets. The belief that outside regulation is harmful to economies, and by extension to society as a whole, can be rigid, with extreme adherents advocating for little to no intervention at all.
- 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
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
Paragraph
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 72
- Paragraph text
- Cultural fundamentalist and nationalist groups may express these ideologies through protests and rallies. One example is the group Patriotic Europeans against the Islamization of the West (Pegida), in Germany, which believes that State immigration policies are enabling erosion of the culture of Germany. Rallies by such nationalist groups often attract counter-demonstrators who assemble in support of tolerance and diversity, and the management of such assemblies and counter-assemblies is of concern. Opposing assemblies are likely to provoke tensions that increase the potential for violence and therefore also increase the need for even-handed management and facilitation by law enforcement officials. In relation to assemblies in the United Kingdom by the English Defence League, which opposes perceived Islamism, the police have been criticized for employing tactics that dissuaded would-be counter-demonstrators from participating in assemblies. This has led to a perception of bias against the Muslim community, because members of the English Defence League were not subject to similar restrictions. The Special Rapporteur stresses that State handling of demonstrations and counter-demonstrations in these contexts should ensure that each group can exercise its rights without undue interference by the authorities or by opposing rally participants (see A/HRC/31/66, para. 24).
- 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
- Activists
- Year
- 2016
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
Paragraph
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 11
- Paragraph text
- Without assembly and association rights, workers have little leverage to change the conditions that entrench poverty, fuel inequality and limit democracy. The need to maintain paid work is all-consuming; so many workers toil long hours for low wages in unsafe and unhealthy environments, risking disease, injury and death. They work without basic social protections such as health care, education, pensions or, in the case of trafficked workers, the right to choose or leave employment. The impact of the lack of assembly and association rights is compounded for migrant workers by harsh immigration laws, unscrupulous labour recruitment organizations, militarized labour systems and rights-restricted structures in export processing zones. Migrant domestic and agricultural workers, often excluded from labour law protection both at home and abroad, are doubly exploited and marginalized.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Environment
- Equality & Inclusion
- Health
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2016
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 15
- Paragraph text
- States' failure to enforce laws and regulations has strongly contributed to the inability of workers to exercise their assembly and association rights. Without any realistic legal or democratic political recourse, workers are condemned to a new poverty. A report of the International Labour Organization (ILO) on the end to poverty initiative notes: "Poverty does not simply 'happen' to our world of work. Rather, our world of work and our labour markets are generating poverty, or at least proving inadequate to get rid of it". Whether wilful or simply inadequate, decision- and law-making have weakened workers' ability to exercise fundamental rights and created a legal system that is unenforceable against either States or multinational enterprises and fails to protect those 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
- Poverty
- Person(s) affected
- All
- Year
- 2016
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 18
- Paragraph text
- The rise of multinational companies has driven structural changes in the global economy aimed at cutting costs, increasing corporate profits and limiting corporate responsibility to workers. Production and the provision of services are divided among different places with different employers in different countries. That has allowed lead firms to shift production of goods and services to companies in countries with lower costs and fewer regulations, putting pressure on manufacturers and service providers in global supply chains to cut costs. These structural shifts have drastically changed traditional employment relationships and systems.
- 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
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 21
- Paragraph text
- Informal work is often characterized by poor employment conditions, low wages and lack of protection against non-payment of wages, layoffs without notice or compensation, compulsory overtime, unsafe and unhealthy working conditions, and the absence of social benefits such as health insurance, sick leave, pensions or social security. Because they are generally outside the framework of labour law protection, informal workers have little access to justice and less opportunity to assemble, form or join unions, or bargain for higher wages or better working conditions. Their lack of fundamental rights leaves them with little ability to hold accountable those who have power over them and strips them of the power to change their conditions. States, working with employers, are choosing who is or is not covered by union rights.
- 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
- All
- Year
- 2016
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 33
- Paragraph text
- Violence with impunity is also common. In Mexico, migrant farmworkers at one of the country's biggest tomato exporters were physically assaulted when they complained about lack of food or tried to leave the work camp where they were kept "as prisoners". Camp bosses threatened workers who demanded their illegally withheld pay. The indebted workers could not enjoy their assembly and association rights for fear of losing wages that would not be paid until the harvest. The company received World Bank financing and supplied major United States grocers.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2016
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 36
- Paragraph text
- The global gender wage gap, currently estimated at 77 per cent, is a further indicator of discrimination against women workers. Gender-based job restrictions enshrined in law, in contravention of international conventions and standards, further depress women's wages and lower their employment rate, generating long-lasting economic and social consequences for themselves, their family and their country. A World Bank survey of 173 countries found that 155 have at least one law impeding women's economic opportunities. Legal restrictions on the type of employment women can access still exist in 79 countries.
- 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
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
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 93
- Paragraph text
- While there is space for corporate social responsibility initiatives, they are not a substitute for legally binding, robust enforcement of the rights to freedom of peaceful assembly and of association. Where private governance becomes the dominant means of monitoring and enforcing, already weak public inspection systems will continue to wither. Further, private mechanisms are usually incapable of providing effective remedies on a consistent basis. Recent studies on codes of conduct suggest that they can yield negative results for workers' welfare, for example in Indonesia, with similar trends in China, India and the Republic of Korea. In that regard, the Special Rapporteur reiterates his support for an international human rights instrument that creates binding obligations for national and transnational corporations (A/HRC/29/25, para. 23).
- 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
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 94
- Paragraph text
- The majority of the world's workers, particularly those in vulnerable situations, such as migrant, women and domestic workers, are disenfranchised of their rights to freedom of peaceful assembly and of association in the workplace. That disenfranchisement is the result of many factors, including the failure of much touted economic policies in reducing poverty and economic inequality; the increasing power of large multinational corporations and corresponding failure by States to effectively regulate and enforce norms and standards against those actors; the fragmentation of the workplace and diffusion of employer responsibilities across a range of actors; and the global crackdown on civil society that targets organizations and individuals working on labour issues.
- 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 on the move
- Women
- Year
- 2016
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 97
- Paragraph text
- Despite that, States generally prioritize economic and corporate interests at the expense of workers' rights, a counterproductive approach that exacerbates poverty and inequality. This situation must be urgently addressed, both to allow people to exercise their rights and to ensure the viability of the world's economic system. In this spirit, the Special Rapporteur calls upon States, multilateral organizations, businesses and other stakeholders to commit themselves to creating the best possible enabling environment for the exercise of the rights to freedom of peaceful assembly and of association in the workplace. The Special Rapporteur proposes the following recommendations as steps towards realizing those goals.
- 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
- N.A.
- Year
- 2016
Paragraph
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 45
- Paragraph text
- The Constitution of the Republic of Cuba states that the Communist Party is the superior leading force of the society and the State, organizing and guiding common efforts, effectively eliminating the ability of those with competing ideologies to engage seriously in public life. The rights to freedom of peaceful assembly and of association are guaranteed by the Constitution, but in practice these rights cannot be used to peacefully criticize the ruling party or its policies. For instance, in 2012 a group of protestors were reportedly arrested and physically assaulted by the police when they were peacefully demonstrating in Havana against hunger and poverty in the country (see A/HRC/20/30, case CUB 5/2011). Technically, the existence of other political parties was legalized in 1992, but none of these groups performs the function of a true opposition party due to the constitutional dominance of the Communist Party and restrictions on campaigning and the conduct of political activities.
- 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
- Year
- 2016
Paragraph
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 18
- Paragraph text
- The values of pluralism and tolerance also lie at the heart of the International Covenant on Civil and Political Rights. Article 2 (1) requires each State party "to respect and to ensure to all individuals within its territory and subject to its jurisdiction the rights recognized in the present Covenant, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status". Furthermore, article 20 (2) prohibits advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence.
- 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
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
Paragraph
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 62
- Paragraph text
- Religious fundamentalism often has a disproportionate impact upon the assembly and association rights of women. In Latin America, for instance, associations fighting for reproductive rights have faced strong resistance from the Catholic Church and evangelical Christians, who strictly oppose abortion and family planning. The Special Rapporteur in the field of cultural rights has extensively documented the negative impact that Islamic fundamentalism can have on women's enjoyment of assembly and association rights in a number of countries.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Health
- Person(s) affected
- Women
- Year
- 2016
Paragraph
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 63
- Paragraph text
- The Special Rapporteur on the rights to freedom of peaceful assembly and of association is also concerned when ostensibly secular States leverage fundamentalist religious teachings to restrict the assembly and association rights of certain groups. Nigeria (see A/HRC/26/21, case NGA 1/2014) and Uganda (see A/HRC/26/21, case UGA 1/2014), for example, have seized upon majority Christian opposition to homosexuality to impose draconian laws that severely restrict the assembly and association rights of lesbian, gay, bisexual, transgender and intersex individuals and groups (see, for example, A/HRC/25/74, case NGA 4/2013; and A/HRC/22/67, case UGA 5/2012).
- 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
- Activists
- LGBTQI+
- Year
- 2016
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
Paragraph
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 67
- Paragraph text
- The Special Rapporteur believes that anti-religious fundamentalism is often the result of authoritarian tendencies, that is, a manifestation of a government's fear that people will look to alternative sources of authority other than the State. He notes that governments that ally themselves with dominant religions may do so for similar reasons: such pairings allow leaders to leverage the authority of the faith for their own political interest, even if in private they are not religious. In this sense, fundamentalism is often merely a smokescreen; in reality, it is a vehicle for power.
- 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
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
Paragraph
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 70
- Paragraph text
- Anti-immigration sentiments, often based on cultural and nationalist ideologies, have strengthened the popularity of many right-wing political parties, especially in Europe. Nationalist parties in countries such as Austria, Denmark, Hungary and Switzerland, among others, have attracted significant support in recent elections. The Special Rapporteur is extremely concerned that the acceptance and adoption by political actors of attitudes of cultural or national superiority has triggered a process of gradually legitimizing racism and xenophobia. This can have devastating consequences, as history has proved time and again. He stresses that States are obliged to take measures to guard against such an eventuality.
- 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
- Social & Cultural Rights
- Person(s) affected
- Persons on the move
- Year
- 2016
Paragraph
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 71
- Paragraph text
- Political support for cultural or nationalist fundamentalism is not always overt. The discrimination against the Rohingya in Myanmar, described above, although apparently based on religious differences, also carries political nationalist overtones which have led to, among other things, denial of citizenship for many Rohingya in Rakhine State. The Special Rapporteur on the situation of human rights in Myanmar has observed with concern calls made by religious leaders and politicians to incitement and hatred against minorities. This includes the involvement of nationalist groups in inciting discrimination against and exclusion of the Rohingya, a video on the Internet of a party leader calling for the killing of the Rohingya, the lack of government condemnation of these discriminatory statements, and the imprisonment of an individual for speech discouraging the use of Buddhism as a tool for nationalist extremism (see A/70/412, paras. 30 and 31).
- 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
- Ethnic minorities
- Year
- 2016
Paragraph
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 12
- Paragraph text
- These institutions can take a number of forms: the State, smaller government and governance entities, militia groups, political parties, religious groups and structures, and more. Indeed, fundamentalist ideologies are often used as a tool of power by these institutions. The leaders of these groups may sometimes not even personally subscribe to the ideology at issue but may see it as an effective way to secure obedience and gain political, social or economic advantage.
- 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
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 12
- Paragraph text
- Women in the global economy are often relegated to low-paying, low-skills jobs. Persistent gender-based violence suppresses the individual and collective assertion of their rights to resist exploitative/abusive employers or State authorities. Further, certain groups of workers, including women, internal and external migrants, racial, ethnic, religious and sexual minorities, dispossessed rural workers and others, are often disenfranchised from the start by their status, making it more difficult to assert rights.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Social & Cultural Rights
- Violence
- Person(s) affected
- Persons on the move
- Women
- Year
- 2016
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 13
- Paragraph text
- Disenfranchisement is the shared condition of these workers and predominates across countries and global supply chains. Whether intentional or not, the legal environment for these workers promotes labour markets that fundamentally depend on powerless workers and a low-wage environment. Employers and others who evade the law and disrespect standards gain a competitive advantage over compliant employers, at the cost of workers' 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
- Person(s) affected
- All
- Year
- 2016
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 82
- Paragraph text
- Even migrant workers who have formal access to inspectors are reluctant to report violations for fear of deportation. In addition, migrants often have no legal rights or access to temporary accommodations to remain in country during legal procedures, thus preventing reporting and participation in legal proceedings. The lack of written contracts in the informal work environment renders it difficult to prove employment.
- 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
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2016
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
Paragraph
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 60
- Paragraph text
- A relatively large number of Member States declare an official State religion, though this in itself does not necessarily lead to fundamentalism or to undue restrictions on assembly and association rights. In countries where there is an official State religion, the Special Rapporteur believes that strong legal protections for minority faiths are critical, and that no special privileges should be granted to followers of the State religion. Unfortunately, this is not always the case.
- 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
- Ethnic minorities
- Year
- 2016
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
Paragraph
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 53
- Paragraph text
- There is no shortage of attention given to religious fundamentalism today, particularly the issue of religiously motivated terrorism. The Special Rapporteur is greatly alarmed by the rise of extremism and terrorism by groups that mobilize religious ideologies, such as Islamic State in Iraq and the Levant, Boko Haram and others, and views this as among the most troubling problems facing the world today.
- 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
- 2016
Paragraph
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 9
- Paragraph text
- The danger arises when holders of these beliefs seek to impose them in a way that controls, restricts or deters the exercise of the rights of others who may have different views or backgrounds, thereby threatening the values of pluralism and broadmindedness, which are central to democracy. The tipping point, according to the Special Rapporteur, is when fundamentalist views form the basis for 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
- Equality & Inclusion
- Person(s) affected
- N.A.
- Year
- 2016
Paragraph
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 14
- Paragraph text
- Non-State actors (including natural and legal persons and groups or associations) similarly may take advantage of a weak State apparatus or work together with State agents. Some may form associations whose sole purpose is to advance ideologies favoured by the State in order to crowd out space for independent organizations.
- 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
Paragraph
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 16
- Paragraph text
- In other cases still, abuses may come purely at the hands of non-State actors, with the role of State actors being less obvious. This is seen, for example, when private parties publicize messages of ethnic or national superiority or when community leaders impose their cultural values at the expense of those held by other groups.
- 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
- N.A.
- Year
- 2016
Paragraph
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 26d
- 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: (d) Cultural and nationalist fundamentalisms
- 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
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The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 25
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- 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
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The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 92
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- 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
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