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Importance of the rights to freedom of peaceful assembly and of association in advancing sustainable peace and democratic transitions
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2023
- Document code
- A/78/246
Document
The Essential Role of Social Movements in Building Back Better
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2022
- Document code
- A/77/171
Document
Observations on communications transmitted to Governments and replies received
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2022
- Document code
- A/HRC/50/23/Add.1
Document
Access to resources
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2022
- Document code
- A/HRC/50/23
Document
Protection of human rights in the context of peaceful protests during crisis situations
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2022
- Document code
- A/HRC/50/42
Document
Exercise of the rights to freedom of peaceful assembly and of association as essential to advancing climate justice.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2021
- Document code
- A/76/222
Document
Ending Internet shutdowns: a path forward - Report of the Special Rapporteur on the rights to freedom of peaceful assembly and of association
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2021
- Document code
- A/HRC/47/24/Add.2
Document
Observations on communications transmitted to Governments and replies received - Report of the Special Rapporteur on the rights to freedom of peaceful assembly and of association
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2021
- Document code
- A/HRC/47/24/Add.1
Document
Access to justice as an integral element of the protection of rights to freedom of peaceful assembly and association
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2021
- Document code
- A/HRC/47/24
Document
Guidelines for lawyers in support of peaceful assemblies - Report of the Special Rapporteur on the rights to freedom of peaceful assembly and of association
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2021
- Document code
- A/HRC/47/24/Add.3
Document
Celebrating women in activism and civil society: the enjoyment of the rights to freedom of peaceful assembly and of association by women and girls.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2020
- Document code
- A/75/184
Document
Ten years protecting civic space worldwide
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2020
- Document code
- A/HRC/44/50
Document
Observations on communications transmitted to Governments and replies received - Report of the Special Rapporteur on the rights to freedom of peaceful assembly and of association
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2020
- Document code
- A/HRC/44/50/Add.4
Document
Observations on communications transmitted to Governments and replies received - Report of the Special Rapporteur on the rights to freedom of peaceful assembly and of association
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2019
- Document code
- A/HRC/41/41/Add.1
Document
Civil society participation in the implementation of Agenda 2030 on Sustainable Development - Report of the Special Rapporteur on the rights to freedom of peaceful assembly and of association
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2019
- Document code
- A/HRC/41/41/Add.2
Document
The exercise of the rights to freedom of peaceful assembly and of association in the digital age
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2019
- Document code
- A/HRC/41/41
Document
The interlinkages between closing civil society space, poverty, national policy and the exercise of the rights to freedom of peaceful assembly and of association.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2019
- Document code
- A/74/349
Document
The linkages between the exercise of the rights to freedom of peaceful assembly and of association and the implementation of the 2030 Agenda for Sustainable Development
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2018
- Document code
- A/73/279
Document
Trends with regard to the exercise of the rights to freedom of peaceful assembly and of association
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2018
- Document code
- A/HRC/38/34
Document
Comments by the State United Kingdom of Great Britain and Northern Ireland
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2017
- Document code
- A/HRC/35/28/Add.4
Document
Report of the Special Rapporteur on the rights to freedom of peaceful assembly and of association on his follow-up mission to the United States of America
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2017
- Document code
- A/HRC/35/28/Add.2
Document
Report of the Special Rapporteur on the rights to freedom of peaceful assembly and of association on his follow-up mission to the United Kingdom of Great Britain and Northern Ireland
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2017
- Document code
- A/HRC/35/28/Add.1
Document
Observations on communications transmitted to Governments and replies received
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2017
- Document code
- A/HRC/35/28/Add.3
Document
The Achievements of Civil Society
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2017
- Document code
- A/HRC/35/28
Document
The Special Rapporteur's vision of the mandate
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2017
- Document code
- A/72/135
Document
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2016
- Document code
- A/HRC/32/36
Document
The exercise of the rights to freedom of peaceful assembly and of association in the workplace
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2016
- Document code
- A/71/385
Document
The rights to freedom of peaceful assembly and of association in the context of natural resource exploitation projects
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2015
- Document code
- A/HRC/29/25
Document
Comparative study of enabling environments for associations and businesses
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2015
- Document code
- A/70/266
Document
Challenges faced by groups most at risk when exercising or seeking to exercise the rights to freedom of peaceful assembly and/or of association
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2014
- Document code
- A/HRC/26/29
Document
The exercise of the rights to freedom of peaceful assembly and of association in the context of multilateral institutions
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2014
- Document code
- A/69/365
Document
The exercise of the rights to freedom of peaceful assembly and of association in the context of elections
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2013
- Document code
- A/68/299
Document
Ability of associations to access financial resources as a vital part of the right to freedom of association & Ability to hold peaceful assemblies as an integral component of the right to freedom of peaceful assembly
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2013
- Document code
- A/HRC/23/39
Document
Best practices that promote and protect the rights to freedom of peaceful assembly and of association
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2012
- Document code
- A/HRC/20/27
Document
Best practices that promote and protect the rights to freedom of peaceful assembly and of association 2012, para. 40
- Paragraph text
- As mentioned earlier, any restrictions imposed must be necessary and proportionate to the aim pursued. Reference to the proportionality test is found in legislation governing peaceful assemblies in a number of countries, including New Zealand and Switzerland. In addition, such restrictions must be facilitated within "sight and sound" of its object and target audience, and "organizers of peaceful assemblies should not be coerced to follow the authorities' suggestions if these would undermine the essence of their right to freedom of peaceful assembly". In this connection, he warns against the practice whereby authorities allow a demonstration to take place, but only in the outskirts of the city or in a specific square, where its impact will be muted.
- 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
- 2012
- Year
- Item does not have this property
Paragraph
Best practices that promote and protect the rights to freedom of peaceful assembly and of association 2012, para. 41
- Paragraph text
- The Special Rapporteur further concurs with the assessment of the ODIHR Panel of Experts that "the free flow of traffic should not automatically take precedence over freedom of peaceful assembly". In this regard, the Inter-American Commission on Human Rights has indicated that "the competent institutions of the State have a duty to design operating plans and procedures that will facilitate the exercise of the right of assembly ... [including] rerouting pedestrian and vehicular traffic in a certain area". Furthermore, the Special Rapporteur points to a decision of the Spanish Constitutional Court which stated that "in a democratic society, the urban space is not only an area for circulation, but also for participation".
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Year
- 2012
- Year
- Item does not have this property
Paragraph
Best practices that promote and protect the rights to freedom of peaceful assembly and of association 2012, para. 57
- Paragraph text
- The European Court on Human Rights clearly ruled "that citizens should be able to form a legal entity in order to act collectively in a field of mutual interest is one of the most important aspects of the right to freedom of association, without which that right would be deprived of any meaning". The procedure to establish an association as a legal entity varies from one country to another, but it is vital that Government officials act in good faith, in a timely and non-selective manner. The Special Rapporteur considers as best practice procedures which are simple, non-onerous or even free of charge (e.g. Bulgaria) and expeditious (e.g. Japan where registration applications may be directly filled in online).
- 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
- 2012
- Year
- Item does not have this property
Paragraph
Best practices that promote and protect the rights to freedom of peaceful assembly and of association 2012, para. 58
- Paragraph text
- The Special Rapporteur is of the opinion that a "notification procedure", rather than a "prior authorization procedure" that requests the approval of the authorities to establish an association as a legal entity, complies better with international human rights law and should be implemented by States. Under this notification procedure, associations are automatically granted legal personality as soon as the authorities are notified by the founders that an organization was created. In most countries, such notification is made through a written statement containing a number of elements of information clearly defined in the law, but this is not a precondition for the existence of an association. It is rather a submission through which the administration records the establishment of the said association. Such a notification procedure is in force in a number of countries (e.g. Cote d'Ivoire, Djibouti, Morocco, Portugal, Senegal, Switzerland and Uruguay).
- 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
- 2012
- Year
- Item does not have this property
Paragraph
Best practices that promote and protect the rights to freedom of peaceful assembly and of association 2012, para. 61
- Paragraph text
- Any decision rejecting the submission or application must be clearly motivated and duly communicated in writing to the applicant. Associations whose submissions or applications have been rejected should have the opportunity to challenge the decision before an independent and impartial court. In this regard, the Special Rapporteur refers to a decision of the Freedom of Association Committee of the International Labour Organization (ILO), in which it ruled that "the absence of recourse to a judicial authority against any refusal by the Ministry to grant an authorization to establish a trade union violates the principles of freedom of association".
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2012
- Year
- Item does not have this property
Paragraph
Best practices that promote and protect the rights to freedom of peaceful assembly and of association 2012, para. 63
- Paragraph text
- The right to freedom of association obliges States to take positive measures to establish and maintain an enabling environment. It is crucial that individuals exercising this right are able to operate freely without fear that they may be subjected to any threats, acts of intimidation or violence, including summary or arbitrary executions, enforced or involuntary disappearances, arbitrary arrest or detention, torture or cruel, inhuman or degrading treatment or punishment, a media smear campaign, travel ban or arbitrary dismissal, notably for unionists. One or several of such violations is/are found in, e.g., Belarus, Colombia, the Democratic Republic of the Congo, Egypt, Israel, the Philippines, , Sri Lanka, Syrian Arab Republic and Zimbabwe.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Year
- 2012
- Year
- Item does not have this property
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the context of elections 2013, para. 4
- Paragraph text
- Democracy, as a system through which the people participate directly or indirectly in the conduct of public affairs, has broad appeal across the globe. Elections, referendums and plebiscites, in which people choose their representatives and express their choice of laws or policies, are held in the majority of countries in the world. As stipulated in article 21 (3) of the Universal Declaration of Human rights, democracy is a process in which "[t]he will of the people [is] to be the basis of the authority of government". It is commonly thought of as a process with regular periodic, free and competitive elections to decide on policies directly or indirectly through chosen representatives that must be accountable to their electorate. In other words, democracy, as reflected in the electoral process, generally involves the use of clear predictable processes with uncertain outcomes, while a non-democracy can be identified by the fact that the whole electoral process is characterized by unclear and uncertain processes but with predictable outcomes. Nevertheless, the quality of elections is increasingly coming under scrutiny in order to ensure that election outcomes are representative of the will of the people. Elections confer legitimacy on Governments; if those elections are not considered to reflect the will of the people, therefore, a sense of discontent and disenfranchisement may result and sometimes cause violent conflict. In order to sustain the democratic ideal, it is necessary for regimes to uphold the rule of law, respect and protect human rights and remain vigilant and responsive to peoples' views and opinions at all times.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2013
- Year
- Item does not have this property
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the context of elections 2013, para. 46
- Paragraph text
- The freedom of associations to engage in activities related to the electoral process should therefore be guaranteed to all associations, whether they are apolitical in their means and operations, partially or totally supportive of the Government or express criticism of Government policies. Hence, no associations should be compelled to express support for any electoral candidate. Nevertheless, it is important for any organization which voluntarily supports a particular candidate or a party in an election to be transparent in declaring its motivation, as its support may impact on elections' results. The Special Rapporteur is of the view that the strength of a democracy can be gauged by the extent to which diverse views and differing opinions are accommodated and even encouraged in public debate.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2013
- Year
- Item does not have this property
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the context of elections 2013, para. 6
- Paragraph text
- More specifically, the rights to freedom of peaceful assembly and of association are a critical means for individuals and groups of individuals to participate in public affairs. The exercise of such rights provides avenues through which people can aggregate and voice their concerns and interests and endeavour to fashion governance that responds to their issues. For example, such rights are essential in order to campaign and participate in public rallies, form political parties, participate in voter education activities, cast votes, observe and monitor elections and hold candidates and elected officials accountable.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Person(s) affected
- All
- Year
- 2013
- Year
- Item does not have this property
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the context of elections 2013, para. 8
- Paragraph text
- The maintenance of peace during the voting process is necessary for the electorate to turn out and exercise their right to vote. Nevertheless, although important, it should not provide a justification for continuing electoral malpractices and unjustifiable restrictions on the rights to peaceful assembly and of association or other rights, for example, unlimited and uncontrolled bans on protests or demonstrations against election results. Where such rights are violated at any point during the electoral process, prompt and effective remedies should be available and accessible, presided over by impartial arbiters.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Person(s) affected
- All
- Year
- 2013
- Year
- Item does not have this property
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the context of elections 2013, para. 10
- Paragraph text
- The Special Rapporteur also acknowledges that, while only a segment of civil society organizations can work directly on election-related issues, such as voter education, election observation, the reform of electoral institutions and the accountability of candidates and elected officials, the election period provides a prime opportunity for a broader range of civil society organizations to engage with would-be elected representatives, highlight their concerns and interests, with a view to getting policy responses, and in general exercise their rights to participate in public affairs. For that reason, any discussion of the rights to freedom of peaceful assembly and of association in the context of elections must be inclusive of all civil society organizations, regardless of their areas of focus.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Person(s) affected
- All
- Year
- 2013
- Year
- Item does not have this property
Paragraph
Ability of associations to access financial resources as a vital part of the right to freedom of association & Ability to hold peaceful assemblies as an integral component of the right to freedom of peaceful assembly 2013, para. 49
- Paragraph text
- The Special Rapporteur has already stressed in his first thematic report to the Human Rights Council (A/HRC/20/27), that States have a positive obligation under international human rights law not only to actively protect peaceful assemblies, but also to facilitate the exercise of the right to freedom of peaceful assembly (para. 27). The law only protects assemblies that are not violent and where participants have peaceful intentions, and that shall be presumed. Acts of sporadic violence or other punishable acts committed by others do not deprive peaceful individuals of their right to freedom of peaceful assembly (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
- Year
- 2013
- Year
- Item does not have this property
Paragraph
Best practices that promote and protect the rights to freedom of peaceful assembly and of association 2012, para. 28
- Paragraph text
- The Special Rapporteur believes that the exercise of fundamental freedoms should not be subject to previous authorization by the authorities (as explicitly expressed in the Spanish Constitution), but at the most to a prior notification procedure, whose rationale is to allow State authorities to facilitate the exercise of the right to freedom of peaceful assembly and to take measures to protect public safety and order and the rights and freedoms of others. Such a notification should be subject to a proportionality assessment, not unduly bureaucratic and be required a maximum of, for example, 48 hours prior to the day the assembly is planned to take place. A notification procedure is in force in several countries, including Armenia, Austria, Canada, Cote d'Ivoire, Finland, Indonesia, Morocco, the Occupied Palestinian Territory, Portugal, Senegal, Serbia, and the United Republic of Tanzania. Prior notification should ideally be required only for large meetings or meetings which may disrupt road traffic. In the Republic of Moldova, any assembly of fewer than 50 participants may take place without prior notification and the change from an authorization to a notification procedure fostered an increase in the number of individuals exercising their right to freedom of peaceful assembly. In this context, the Special Rapporteur regrets that the law on demonstrations recently adopted by referendum in the canton of Geneva, Switzerland, provides for a fine of up to 100,000 Swiss francs for anyone who, inter alia, does not request an authorization to demonstrate or does not respect the content of the authorization.
- 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
- 2012
- Year
- Item does not have this property
Paragraph
Best practices that promote and protect the rights to freedom of peaceful assembly and of association 2012, para. 30
- Paragraph text
- In the case of simultaneous assemblies at the same place and time, the Special Rapporteur considers it good practice to allow, protect and facilitate all events, whenever possible. In the case of counter-demonstrations, which aim at expressing discontent with the message of other assemblies, such demonstrations should take place, but should not dissuade participants of the other assemblies from exercising their right to freedom of peaceful assembly. In this respect, the role of law enforcement authorities in protecting and facilitating the events is crucial.
- 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
- 2012
- Year
- Item does not have this property
Paragraph
Ability of associations to access financial resources as a vital part of the right to freedom of association & Ability to hold peaceful assemblies as an integral component of the right to freedom of peaceful assembly 2013, para. 10
- Paragraph text
- The term "resources" encompasses a broad concept that includes financial transfers (e.g., donations, grants, contracts, sponsorships, social investments, etc.); loan guarantees and other forms of financial assistance from natural and legal persons; in-kind donations (e.g., contributions of goods, services, software and other forms of intellectual property, real property, etc.); material resources (e.g. office supplies, IT equipment, etc.); human resources (e.g. paid staff, volunteers, etc.); access to international assistance, solidarity; ability to travel and communicate without undue interference and the right to benefit from the protection of the State.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2013
- Year
- Item does not have this property
Paragraph
Ability of associations to access financial resources as a vital part of the right to freedom of association & Ability to hold peaceful assemblies as an integral component of the right to freedom of peaceful assembly 2013, para. 11
- Paragraph text
- Due to word limit constraints, this section will primarily deal with the issue of financial resources, including monetary transfers, in-kind donations and other forms of financial assistance (hereinafter "funding"). The report covers financial resources provided by natural and legal persons, whether domestic, foreign or international, including individuals; associations, whether registered or unregistered; foundations; governments; corporations and international organizations (including United Nations funds and programmes).
- 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
- 2013
- Year
- Item does not have this property
Paragraph
Ability of associations to access financial resources as a vital part of the right to freedom of association & Ability to hold peaceful assemblies as an integral component of the right to freedom of peaceful assembly 2013, para. 77
- Paragraph text
- Whenever organizers have deliberately not respected a legitimate restriction imposed on the right to freedom of peaceful assembly, sanctions should be proportionate to the offence with a view to not dissuading the holding of future assemblies. In many countries where a regime of authorization is in place, exorbitant fines are often in place in case organizers do not request authorization to demonstrate or do not respect the content of the authorization. Such fines are in many cases disproportionate, and have a chilling effect on the enjoyment of the rights to freedom of peaceful assembly and of expression, as in the legislations of Azerbaijan, Russian Federation and (Canton of Geneva) Switzerland.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2013
- Year
- Item does not have this property
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the context of multilateral institutions 2014, para. 30
- Paragraph text
- The Special Rapporteur cautions multilateral institutions against what he sees as a total absence of will to take stock of situations that are often created or exacerbated by their own projects and meetings. The Special Rapporteur is alarmed at the extremely high number of reported violations to the right of peaceful assembly during summits of multilateral institutions as regularly happens with the North Atlantic Treaty Organization (NATO) and the G20. The organizing States often react with determination to rein in the civil society multitude, using militarized security measures, cordoned-off zones for official meetings, repression of peaceful protesters, and a general reduction of space for democratic discussion with increasing penalties for public misbehaviour - rules that appear much more permanent than temporary and that receive the implicit consent of the multilateral summit organizers.
- 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.
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- 2014
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Paragraph
Challenges faced by groups most at risk when exercising or seeking to exercise the rights to freedom of peaceful assembly and/or of association 2014, para. 17
- Paragraph text
- The Human Rights Committee understands "discrimination" to imply "any distinction, exclusion, restriction or preference which is based on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status, and which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise by all persons, on an equal footing, of all rights and freedoms". The Committee has established that sexual orientation and gender identity also constitute prohibited grounds for discrimination under article 2 of the Covenant. Discrimination results from legislation and practices that explicitly exclude or target groups or individuals in those groups.
- 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
- All
- Year
- 2014
- Year
- Item does not have this property
Paragraph
Challenges faced by groups most at risk when exercising or seeking to exercise the rights to freedom of peaceful assembly and/or of association 2014, para. 18
- Paragraph text
- [Various international law instruments point to particular principles and measures that States should adopt in order to achieve non-discrimination and equality. For example, States should:] Protect people from homophobic and transphobic violence, prevent torture and cruel, inhuman and degrading treatment on the grounds of sexual orientation and gender identity and also prohibit discrimination on those grounds, repeal laws criminalizing homosexuality, safeguard the freedoms of expression, association and peaceful assembly for LGBTI people and recognize the rights of LGBTI people to enjoy or exercise, on an equal basis with others, all human rights and fundamental freedoms (A/HRC/19/41);
- 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
- LGBTQI+
- Year
- 2014
- Year
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Paragraph
Challenges faced by groups most at risk when exercising or seeking to exercise the rights to freedom of peaceful assembly and/or of association 2014, para. 20
- Paragraph text
- [International human rights instruments that protect the rights of particular groups specifically recognize directly or indirectly the rights to freedom of peaceful assembly and of association for those groups:] The Convention on the Elimination of All Forms of Discrimination against Women requires States to take all appropriate measures to ensure that women are able to participate in the political and public life of the country on equal terms with men. That includes the right to participate in non-governmental organizations (NGOs) and associations concerned with the public and political life of the country (art. 7).
- 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
- Men
- Women
- Year
- 2014
- Year
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Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the context of multilateral institutions 2014, para. 40
- Paragraph text
- The Special Rapporteur is also concerned that the various United Nations bodies, including the World Intellectual Property Organization (WIPO), the United Nations Conference on Trade and Development (UNCTAD), the International Labour Organization (ILO), the World Trade Organization (WTO) all require different and uncoordinated processes of registration of NGOs - the only commonality being that they are all burdensome. Furthermore, it has been brought to the Special Rapporteur's attention that the International Telecommunication Union (ITU), which deals with the whole information technology sector, is currently made up exclusively of States and private companies. ITU also charges exorbitant membership fees, meaning civil society is unlikely to gain access soon, unless they are exempted from payment.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
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- N.A.
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- 2014
- Year
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Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the context of multilateral institutions 2014, para. 43
- Paragraph text
- The Special Rapporteur also believes that a pro-civil society organization culture within multilateral organizations is crucial. Such a culture should be rooted in the attitude that the organization is an agent dedicated to upholding ideals and effecting change, rather than a bureaucracy built to maintain the status quo. There must also be a willingness to call out Member States who fail to respect fundamental rights. Stating that some issues are "too political" - as the World Bank allegedly did when Human Rights Watch warned them that the Government was closing space for civil society in Egypt - is not acceptable. Finally, it should be acknowledged that a strong civil society sector is essential for multilateral institutions' effectiveness, as it is often the best source of information on the ground.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
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- Special Procedures' report
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- 2014
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Paragraph
Challenges faced by groups most at risk when exercising or seeking to exercise the rights to freedom of peaceful assembly and/or of association 2014, para. 74e
- Paragraph text
- [In relation to recommendations pertaining to the exercise of the rights to freedom of peaceful assembly and of association, the Special Rapporteur reiterates all the recommendations contained in his previous thematic reports. They are all the more relevant for individuals belonging to groups most at risk whose rights are more likely to be violated or unduly restricted. In particular, he calls upon States to:] Ensure that administrative and law enforcement officials are adequately trained in relation to the respect of the rights of individuals belonging to groups most at risk 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
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Challenges faced by groups most at risk when exercising or seeking to exercise the rights to freedom of peaceful assembly and/or of association 2014, para. 20
- Paragraph text
- [International human rights instruments that protect the rights of particular groups specifically recognize directly or indirectly the rights to freedom of peaceful assembly and of association for those groups:] In relation to non-nationals, the Committee on the Elimination of Racial Discrimination recognizes that States may require non-citizens to have work permits in order to be eligible for job offers. However, all individuals are entitled to the enjoyment of labour and employment rights, including the freedom of assembly and association, once an employment relationship has been initiated until it is terminated.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Economic Rights
- Equality & Inclusion
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- 2014
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Challenges faced by groups most at risk when exercising or seeking to exercise the rights to freedom of peaceful assembly and/or of association 2014, para. 54
- Paragraph text
- The process of registering an association may prove to be cumbersome for marginalized groups and exclude groups such minorities or persons with disabilities. For example, the language used to communicate could be inaccessible, and physical access to locations for registration could also be a challenge for those groups. Mandatory registration, particularly where authorities have broad discretion to grant or deny registration, provides an opportunity for the State to refuse or delay registration to groups that do not espouse "favourable" views. Associations formed to defend human rights, engage in civic awareness, and to lobby and advocate are susceptible to such delays and denials, as has reportedly been the case in the Sudan.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- Ethnic minorities
- Persons with disabilities
- Year
- 2014
- Year
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Paragraph
Comparative study of enabling environments for associations and businesses 2015, para. 21
- Paragraph text
- The Special Rapporteur's analysis is based on the premise that States have an obligation under international law to take measures to both protect and promote the rights to freedom of peaceful assembly and of association. Restrictions on these rights must be strictly motivated by the limited concerns which are prescribed by law and which are necessary in a democratic society in the interests of national security or public safety, public order, the protection of public health or morals or the protection of the rights and freedoms of others. As stated by the Human Rights Committee, where such restrictions are made, States must demonstrate their necessity and only take such measures as are proportionate to the pursuance of legitimate aims in order to ensure continuous and effective protection of these 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
- Governance & Rule of Law
- Health
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- All
- Year
- 2015
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Comparative study of enabling environments for associations and businesses 2015, para. 23
- Paragraph text
- As a starting point, the Special Rapporteur underscores that the right to freedom of association equally protects associations that are not registered, which means that associations should never be required to register. Allowing unregistered associations is fundamental to a good enabling environment for civil society. An association is simply a group of like-minded people who come together to pursue a common interest. A democratic State has no inherent interest in regulating this type of private activity in and of itself. Since associations cannot be presumed to be unlawful any more than businesses can, States should use ordinary civil or criminal law to address associational activity unlawful under international law, to the same extent they do for unlawful business activity.
- 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.
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- 2015
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Comparative study of enabling environments for associations and businesses 2015, para. 28
- Paragraph text
- Regrettably, in many jurisdictions, the authorities establish unreasonable requirements for the registration of associations and exercise far more discretion over the registration of associations than that of businesses. In the Cayman Islands, a for-profit entity may register by filing a memorandum of incorporation with the authorities; registration is immediate upon filing. The registration of associations, however, is subject to the full and exclusive discretion of the Governor, with no time limit stipulated for his decision. In Nicaragua, the granting of legal entity status to non-profit organizations requires an act of the National Assembly, while incorporating a business entity is comparatively easy, with no significant State discretion. In Belarus, registration applications filed by associations are considered within one month, extendable for another month. Businesses' registration, on the other hand, is considered complete the moment the application is filed.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
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- Special Procedures' report
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Comparative study of enabling environments for associations and businesses 2015, para. 17
- Paragraph text
- The Special Rapporteur emphasizes that he does not necessarily advocate "identical" treatment across the board for businesses and associations, as there may be legitimate bases for different treatment in certain cases. He instead argues for "sectoral equity", which is a theme that he has referred to in his previous reports. Equity between sectors implies a fair, transparent and impartial approach in which the regulation of each sector is grounded in domestic and international law, standards and norms. Moreover, it implies regulations which are 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
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- Special Procedures' report
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- Governance & Rule of Law
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- N.A.
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- 2015
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Challenges faced by groups most at risk when exercising or seeking to exercise the rights to freedom of peaceful assembly and/or of association 2014, para. 74a
- Paragraph text
- [In relation to recommendations pertaining to the exercise of the rights to freedom of peaceful assembly and of association, the Special Rapporteur reiterates all the recommendations contained in his previous thematic reports. They are all the more relevant for individuals belonging to groups most at risk whose rights are more likely to be violated or unduly restricted. In particular, he calls upon States to:] Ensure that no individual belonging to a group most at risk is criminalized for exercising his/her rights to freedom of peaceful assembly and of association, nor is subject to threats or use of violence, harassment, persecution, intimidation or reprisals;
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
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- Special Procedures' report
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- Civil & Political Rights
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- 2014
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Challenges faced by groups most at risk when exercising or seeking to exercise the rights to freedom of peaceful assembly and/or of association 2014, para. 74b
- Paragraph text
- [In relation to recommendations pertaining to the exercise of the rights to freedom of peaceful assembly and of association, the Special Rapporteur reiterates all the recommendations contained in his previous thematic reports. They are all the more relevant for individuals belonging to groups most at risk whose rights are more likely to be violated or unduly restricted. In particular, he calls upon States to:] Ensure that any restrictions on the rights of individuals belonging to groups most at risk to freedom of peaceful assembly and of association are prescribed by law, necessary in a democratic society and proportional to the aim pursued, and do not harm the principles of pluralism, tolerance and broadmindedness. Any restrictions should be subject to an independent, impartial and prompt judicial review;
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
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- Special Procedures' report
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- Civil & Political Rights
- Equality & Inclusion
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Challenges faced by groups most at risk when exercising or seeking to exercise the rights to freedom of peaceful assembly and/or of association 2014, para. 74c
- Paragraph text
- [In relation to recommendations pertaining to the exercise of the rights to freedom of peaceful assembly and of association, the Special Rapporteur reiterates all the recommendations contained in his previous thematic reports. They are all the more relevant for individuals belonging to groups most at risk whose rights are more likely to be violated or unduly restricted. In particular, he calls upon States to:] Ensure that no derogation is made from the rights to life and to be free from torture and other cruel, inhuman or degrading treatment or punishment of individuals belonging to groups most at risk;
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
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Comparative study of enabling environments for associations and businesses 2015, para. 107
- Paragraph text
- Sectoral equity is not a difficult concept to adopt. It is simply a matter of political will. The Special Rapporteur is optimistic that States can change their perception of sectoral equity, primarily because businesses and associations have a strong convergence of interests. For both sectors, the rule of law is preferable to the rule of power. Predictability trumps disorder. Fairness is better than corruption. Stable, balanced environments are better for all sectors, whether they be multinational corporations, grass-roots activist groups or major international NGOs.
- 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.
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- 2015
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The rights to freedom of peaceful assembly and of association in the context of natural resource exploitation projects 2015, para. 28
- Paragraph text
- Similarly, the Open Government Partnership provides a platform for civil society to engage in a lasting dialogue with Governments to ensure that the latter are more open, accountable and responsive to their citizens. Participating States subscribe and commit to the values and principles in the Open Government Declaration, including supporting civic participation. These values include protecting the ability of not-for-profit and civil society organizations to operate in ways consistent with a commitment to freedom of expression, association, and opinion. The policy document entitled "Policy upholding the values and principles of the Open Government Partnership, as articulated in the Open Government Declaration", which was agreed upon by the Partnership's Steering Committee on 25 September 2014, provides a means of reacting to developments in participating countries that fall short of State commitments.
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- Special Rapporteur on the rights to freedom of peaceful assembly and association
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- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
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Paragraph
Comparative study of enabling environments for associations and businesses 2015, para. 96
- Paragraph text
- The right to freedom of peaceful assembly is sometimes misconstrued as relating only to protests and other public expressions of collective political activity. However, the right also protects private and non-political public gatherings. Associations and businesses may organize and hold gatherings for a variety of objectives, commercial and non-commercial, including meeting members, beneficiaries, clients, donors or investors as part of their internal governance obligations or in the course of their operations; assemblies for expressive purposes; and marketing or public relations. States have an obligation under international law to facilitate peaceful assemblies, yet they can treat assemblies in very different ways, sometimes without an objective or legal basis to do so.
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- Special Rapporteur on the rights to freedom of peaceful assembly and association
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- Special Procedures' report
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- Civil & Political Rights
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Comparative study of enabling environments for associations and businesses 2015, para. 100
- Paragraph text
- Differential treatment of assemblies takes various forms. The authorities may deny permission, licences or other facilitation for demonstrations and protests, especially those held in opposition to major corporate-sponsored events. A glaring example is the crackdown by Azerbaijan on human rights activists protesting the European Games, which were largely sponsored by corporate entities. The Special Rapporteur previously cited with concern the case of protestors who staged a sit-in at the department store Fortnum & Mason, in London. The demonstrators did not prevent customers from shopping, yet 138 were arrested and charged with aggravated trespass; 29 were prosecuted.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
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- Activists
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- 2015
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Comparative study of enabling environments for associations and businesses 2015, para. 101
- Paragraph text
- Similarly, the authorities may interfere with meetings or events convened by civil society organizations, including internal meetings held at private venues. In Rwanda, for example, the authorities reportedly prevented the Rwandan League for the Promotion and Defence of Human Rights from holding a general assembly. There is no evidence that private business entities, for example when holding shareholders' meetings, face similar restrictions, in Rwanda or elsewhere. Similarly, in Cambodia, attendees at the 2012 ASEAN Peoples' Forum in Phnom Penh reported being turned away from hotels en masse after State security agents pressured the owners; however, no similar problems were reported for the country's International Investment Conference in 2014, which the Prime Minister himself formally opened.
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- Special Rapporteur on the rights to freedom of peaceful assembly and association
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- Special Procedures' report
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- Governance & Rule of Law
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Comparative study of enabling environments for associations and businesses 2015, para. 102
- Paragraph text
- The Organization for Security and Cooperation in Europe-Venice Commission Guidelines on Freedom of Peaceful Assembly affirm that "assemblies are as legitimate uses of public space as commercial activity or the movement of vehicular and pedestrian traffic". This principle should be taken into account in weighing restrictions on assemblies. Yet, in the Special Rapporteur's experience, the authorities are more likely to restrict protests and demonstrations (expressive gatherings more often organized by associations) for reasons of the disruption of traffic and commercial activity and the protection of property, than commercial events that cause similar disruption. Concerns have been raised about the implementation of a crowd-control policy in the city of Oakland, United States, where law enforcement officials reportedly restrict night-time protests, purportedly to prevent violence and protect property from vandalism. By contrast, a parade to celebrate a sports team victory received considerably more accommodation from the Oakland authorities.
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- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
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- 2015
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Paragraph
Comparative study of enabling environments for associations and businesses 2015, para. 103
- Paragraph text
- Similarly many States afford more protection to corporations engaged in natural resource exploitation than to groups peacefully protesting their activities. The shooting to death of over 30 miners in South Africa by police during a workers' strike is an egregious example of such preferential treatment. Individuals and communities opposed to natural resource exploitation activities are labelled as "anti-development" and "enemies of the State" and portrayed as undermining States' efforts to promote economic growth and development. Their activities are criminalized and their claims disregarded, while corporations continue exploitation activities.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Environment
- Year
- 2015
- Year
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Paragraph
The rights to freedom of peaceful assembly and of association in the context of natural resource exploitation projects 2015, para. 14
- Paragraph text
- States are obligated to protect and facilitate the rights to freedom of peaceful assembly and of association in the context of natural resource exploitation, including by ensuring that business interests do not violate these rights. To discharge their duties in that respect, States should, among other things, enact robust national laws that stipulate the rights and responsibilities of all, create independent and effective enforcement, oversight and adjudicatory mechanisms, ensure effective remedies for violations of rights and promote awareness of, and access to information about, relevant policies and practices related to natural resource exploitation.
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- Special Rapporteur on the rights to freedom of peaceful assembly and association
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- Governance & Rule of Law
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The rights to freedom of peaceful assembly and of association in the context of natural resource exploitation projects 2015, para. 16
- Paragraph text
- States that host natural resource exploitation operations ("host States") have to contend not only with powerful corporations exerting their influence, but also with the so-called "States of origin", whose economies stand to benefit from the taxes and other remittances arising from corporations' profits. States of origin will therefore make significant efforts to facilitate opportunities in foreign markets for companies domiciled in their territory. An indication of this elevation of business interests in international relations is that, in some countries, the trade and investment portfolios are being merged with the foreign affairs and development agendas of Governments. In principle, States have a legitimate interest in pursuing channels that open up business interests for their citizens. But undue deference to business interests at the expense of other legitimate interests, such as human rights, is a source of acute concern.
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- Special Rapporteur on the rights to freedom of peaceful assembly and association
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- Special Procedures' report
- Topic(s)
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- Governance & Rule of Law
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The rights to freedom of peaceful assembly and of association in the context of natural resource exploitation projects 2015, para. 17
- Paragraph text
- The central role of corporations in natural resource exploitation means that they can potentially wield enormous power and influence over host States, rendering authorities unwilling to intervene in their interests. Corporations gain access to the corridors of power and often have the ear of key officials (sometimes through unethical means) and are therefore in a position to influence decisions in their favour at the expense of opposing views of other interested parties, including affected communities. The increasing globalization of access to markets underscores the need to regulate the natural resource exploitation sector at the international level to ensure the preservation of all rights, including peaceful assembly and association rights.
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- Special Rapporteur on the rights to freedom of peaceful assembly and association
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- Governance & Rule of Law
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The rights to freedom of peaceful assembly and of association in the context of natural resource exploitation projects 2015, para. 19
- Paragraph text
- In many cases, the most egregious violations of the rights to freedom of peaceful assembly and of association in the context of natural resource exploitation are committed against groups and individuals inhabiting regions far from centres of power, who are often at risk or already marginalized within society. They may lack access to information or the means of effectively advocating for their concerns, or they may be confronted with authorities are that are unable or unwilling to address their grievances. The ability to freely associate and to peacefully assemble are indispensable in this regard. Some of the categories of persons that require special attention in the context of the rights to freedom of peaceful assembly and of association and of natural resource exploitation are women (including women human rights defenders), Afro-descendants, indigenous peoples, peasant farmers, fisher folk and forest dwellers.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
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- Person(s) affected
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- Ethnic minorities
- Women
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- 2015
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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
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- 2016
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The rights to freedom of peaceful assembly and of association in the context of natural resource exploitation projects 2015, para. 21
- Paragraph text
- The rights to freedom of peaceful assembly and of association find expression at the global level in article 20 of the Universal Declaration of Human Rights and in articles 21 and 22 of the International Covenant on Civil and Political Rights. The International Labour Organization (ILO) Convention concerning Freedom of Association and Protection of the Right to Organise, 1948 (No. 87), and the ILO Convention concerning the Right to Organise and Collective Bargaining, 1949 (No. 98), protect the rights of workers to freely establish, join and run organizations of their choosing without unjustifiable interference from the State. Workers are also protected from anti-union discrimination and guaranteed the right to collectively bargain.
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- Special Rapporteur on the rights to freedom of peaceful assembly and association
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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
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- Year
- 2016
- Year
- Item does not have this property
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
- Year
- Item does not have this property
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
- Year
- Item does not have this property
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
- Year
- Item does not have this property
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
- Year
- Item does not have this property
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
- Year
- Item does not have this property
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
- Year
- Item does not have this property
Paragraph
The rights to freedom of peaceful assembly and of association in the context of natural resource exploitation projects 2015, para. 72c (iv)
- Paragraph text
- [The Special Rapporteur recommends that States:] Take appropriate measures to meet extraterritorial obligations, particularly by providing access to remedy for victims of violations of the rights to freedom of peaceful assembly and of association; measures should include but are not limited to: Consider the elaboration of an international legally binding instrument on human rights standards for businesses, as proposed by the Human Rights Council in its resolution 26/9, and ensure that these standards apply to businesses working domestically as well as internationally;
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
- Year
- Item does not have this property
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
- Year
- Item does not have this property
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
- Year
- Item does not have this property
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
- Year
- Item does not have this property
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.
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- 2016
- Year
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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
- Year
- Item does not have this property
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
- Year
- Item does not have this property
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
- Year
- Item does not have this property
Paragraph
Ability of associations to access financial resources as a vital part of the right to freedom of association & Ability to hold peaceful assemblies as an integral component of the right to freedom of peaceful assembly 2013, para. 40
- Paragraph text
- The Special Rapporteur highlights that coordination of aid is not listed as a legitimate ground for restrictions under the International Covenant on Civil and Political Rights. Furthermore, he underlines that barriers in the name of aid effectiveness have little in common with "the interests of national security or public safety, public order (ordre public), the protection of public health or morals or the protection of the rights and freedoms of others".
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Year
- 2013
- Year
- Item does not have this property
Paragraph
Comparative study of enabling environments for associations and businesses 2015, para. 34
- Paragraph text
- States which impose more onerous registration requirements upon associations also tend to allow for the expeditious dissolution of such organizations compared to businesses. The Special Rapporteur is particularly concerned about this disparity in States where operating an unregistered association is deemed illegal, since deregistration inevitably leads to the closure of the organization and subsequent criminalization of its members.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
- Year
- Item does not have this property
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the context of multilateral institutions 2014, para. 76
- Paragraph text
- NGOs working on sexual orientation and gender identity issues in particular have faced difficulties in obtaining consultative status. Since 2011, only four such organizations have been recommended by the Committee. Nine other organizations were accredited because the Economic and Social Council quashed negative recommendations by the Committee.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Year
- 2014
- Year
- Item does not have this property
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the context of multilateral institutions 2014, para. 81
- Paragraph text
- On a positive note, some States within the Committee have expressed support to human rights organizations. The Special Rapporteur praises Belgium, Chile, Mexico and Uruguay, among others, for their role in combating attempts by peer members to arbitrarily dismiss applications of NGOs.
- 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
- 2014
- Year
- Item does not have this property
Paragraph
Ability of associations to access financial resources as a vital part of the right to freedom of association & Ability to hold peaceful assemblies as an integral component of the right to freedom of peaceful assembly 2013, para. 75
- Paragraph text
- The Special Rapporteur is concerned that access to new communications technologies, in particular the Internet, or to specific websites, has allegedly been temporarily blocked prior to, during or after peaceful assemblies (e.g., in Algeria, China and Egypt).
- 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
- 2013
- Year
- Item does not have this property
Paragraph
Ability of associations to access financial resources as a vital part of the right to freedom of association & Ability to hold peaceful assemblies as an integral component of the right to freedom of peaceful assembly 2013, para. 83f
- Paragraph text
- [In relation to freedom of peaceful assembly, the Special Rapporteur calls upon States:] To guarantee that assembly organizers are never held responsible and liable for the unlawful behaviour of others.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Year
- 2013
- Year
- Item does not have this property
Paragraph
The rights to freedom of peaceful assembly and of association in the context of natural resource exploitation projects 2015, para. 73f
- Paragraph text
- [The Special Rapporteur recommends that corporations:] Ensure that international law standards relating to public participation and free, prior and informed consent are scrupulously adhered to in negotiations with groups affected by natural resource exploitation activities.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Person(s) affected
- N.A.
- Year
- 2015
- Year
- Item does not have this property
Paragraph
The rights to freedom of peaceful assembly and of association in the context of natural resource exploitation projects 2015, para. 74a
- Paragraph text
- [The Special Rapporteur recommends that civil society:] Strengthen knowledge of local, national, regional and international legislative framework regulating the protection of human 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
- 2015
- Year
- Item does not have this property
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
- Year
- Item does not have this property
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
- Year
- Item does not have this property
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the context of multilateral institutions 2014, para. 64
- Paragraph text
- States have repeatedly targeted individuals because of their advocacy work in multilateral arenas. Such acts of reprisals are of utmost concern to the Special Rapporteur.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Year
- 2014
- Year
- Item does not have this property
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the context of multilateral institutions 2014, para. 70
- Paragraph text
- The Special Rapporteur warns against the chilling effect of reprisals on civil society actors, often forcing them to censor themselves. He stresses the obligation of States to provide full protection to those who participate or seek to participate in multilateral arenas.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2014
- Year
- Item does not have this property
Paragraph
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
- Year
- Item does not have this property
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
- Year
- Item does not have this property
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.
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- 2017
- Year
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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).
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- 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
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- 2017
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- Item does not have this property
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
- Year
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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
- Year
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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
- Year
- Item does not have this property
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
- Year
- Item does not have this property
Paragraph
Ability of associations to access financial resources as a vital part of the right to freedom of association & Ability to hold peaceful assemblies as an integral component of the right to freedom of peaceful assembly 2013, para. 8
- Paragraph text
- The ability to seek, secure and use resources is essential to the existence and effective operations of any association, no matter how small. The right to freedom of association not only includes the ability of individuals or legal entities to form and join an association but also to seek, receive and use resources - human, material and financial - from domestic, foreign, and international sources.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2013
- Year
- Item does not have this property
Paragraph
Ability of associations to access financial resources as a vital part of the right to freedom of association & Ability to hold peaceful assemblies as an integral component of the right to freedom of peaceful assembly 2013, para. 81e
- Paragraph text
- [As general recommendations, the Special Rapporteur calls upon States:] To ensure that those who violate and/or abuse the rights of individuals to freedom of association and of peaceful assembly are held 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
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2013
- Year
- Item does not have this property
Paragraph
Ability of associations to access financial resources as a vital part of the right to freedom of association & Ability to hold peaceful assemblies as an integral component of the right to freedom of peaceful assembly 2013, para. 64
- Paragraph text
- Finally, organizers should be given the possibility of an expedited appeal procedure, with a view to obtaining a judicial decision by an independent and impartial court prior to the notified date of the assembly. The decision of the regulatory authority and of the appeal court should be published for the purposes of transparency and fairness, possibly on a specific 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
- All
- Year
- 2013
- Year
- Item does not have this property
Paragraph
Ability of associations to access financial resources as a vital part of the right to freedom of association & Ability to hold peaceful assemblies as an integral component of the right to freedom of peaceful assembly 2013, para. 68
- Paragraph text
- The Special Rapporteur considers pre-event planning, including risk assessment, by law enforcement officials, together with organizers of peaceful assemblies and, if possible, local authorities, as a good practice which may contribute to the success of the assembly. However, participation of organizers in such planning should never be made compulsory.
- 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
- 2013
- Year
- Item does not have this property
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the context of multilateral institutions 2014, para. 54
- Paragraph text
- The United Nations Resident Coordinator Office in Kenya (UN-Kenya), for example, recently joined the Kenya Private Sector Alliance in a joint statement discouraging opposition-led rallies planned for 7 July 2014. This example also raises the issue of "sectoral equity", with UN-Kenya supporting the business community's call for "stability" at the expense of ordinary peoples' fundamental rights.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Year
- 2014
- Year
- Item does not have this property
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the context of multilateral institutions 2014, para. 60
- Paragraph text
- Several countries, including Ireland, other European Union countries and Mexico, have sought to secure engagement by civil society when negotiating modalities for United Nations conferences and other events. Importantly, Ireland has encouraged multilateral organizations to strengthen their dialogue with civil society organizations and where possible develop links with them in their 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
- 2014
- Year
- Item does not have this property
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the context of multilateral institutions 2014, para. 66
- Paragraph text
- Other forms of reprisals include threats from State officials for delivering statements at the Council (e.g., Bahrain, Bangladesh, China, India, Malawi, Sri Lanka, and Yemen); acts of torture and ill-treatment (e.g., Israel and United Arab Emirates); arbitrary arrest and detention (e.g., China and Viet Nam); acts of surveillance (e.g., Bangladesh and United Arab Emirates); and confiscation of passport/travel bans (e.g., China, Israel, Saudi Arabia, United Arab Emirates, Viet Nam).
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Year
- 2014
- Year
- Item does not have this property
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the context of multilateral institutions 2014, para. 91a
- Paragraph text
- [Furthermore, the Special Rapporteur calls upon civil society actors to:] Support the participation of fellow actors who are less aware of/proficient in procedures governing the participation within multilateral institutions, in particular local civil society organizations, grass-roots groups, spontaneous social movements and civil society organizations dealing with marginalized groups;
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Social & Cultural Rights
- Person(s) affected
- N.A.
- Year
- 2014
- Year
- Item does not have this property
Paragraph
Challenges faced by groups most at risk when exercising or seeking to exercise the rights to freedom of peaceful assembly and/or of association 2014, para. 11
- Paragraph text
- For the purposes of the report, the groups most at risk will also include groups and individuals who are targeted not because of their identity, but because they actively lobby for the rights of those most at risk of discrimination and retribution. Human rights defenders, including journalists, trade unionists and environmental activists, among others, face 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)
- Civil & Political Rights
- Environment
- Equality & Inclusion
- Person(s) affected
- Activists
- Year
- 2014
- Year
- Item does not have this property
Paragraph
Challenges faced by groups most at risk when exercising or seeking to exercise the rights to freedom of peaceful assembly and/or of association 2014, para. 14
- Paragraph text
- The Special Rapporteur notes with deep concern the innumerable examples of violation and abuse of the rights to freedom of peaceful assembly and of association affecting groups most at risk. It will not be possible within the scope of this report to identify all of them and the ways in which such groups are specifically affected. Instead, the Special Rapporteur will present patterns of violations and abuses with a view to articulating standards that guide practice while providing a few illustrative examples.
- 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
- 2014
- Year
- Item does not have this property
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the context of multilateral institutions 2014, para. 9c
- Paragraph text
- [The Special Rapporteur notes that the rationales for restricting the rights to freedom of peaceful assembly and of association at the national level are broadly similar and related to those used to marginalize civil society at the multilateral level. Parallels include:] Alleging that NGOs lack accountability and questioning their motives and interests at the national and international levels;
- 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
- 2014
- Year
- Item does not have this property
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the context of multilateral institutions 2014, para. 28
- Paragraph text
- Liberal access to information policies should be encouraged. These policies help keep multilateral institutions accountable and provide a model which citizens can cite in pressing their own Governments to become more transparent. The Global Transparency Initiative has released a Transparency Charter for International Financial Institutions, which the Special Rapporteur recommends as guidance for the access-to-information policies of all 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
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2014
- Year
- Item does not have this property
Paragraph
Challenges faced by groups most at risk when exercising or seeking to exercise the rights to freedom of peaceful assembly and/or of association 2014, para. 55
- Paragraph text
- The Special Rapporteur emphasizes that the right to freedom of association applies equally to associations that are not registered (A/HRC/20/27, para. 96). He endorses as best practice a voluntary registration regime that permits unregistered associations to operate. The Special Rapporteur notes with approval the recent ruling by a magistrate's court in Zimbabwe, quashing charges of running an unregistered organization preferred against a member of the Gays and Lesbians of Zimbabwe association.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- LGBTQI+
- Year
- 2014
- Year
- Item does not have this property
Paragraph
Comparative study of enabling environments for associations and businesses 2015, para. 31
- Paragraph text
- The Special Rapporteur also finds it problematic when States require an unreasonably high number of "founders" in order for an association to be formed, particularly when business entities can be formed with fewer people. In Honduras, for example, the law requires only two people for the formation of a business entity, but the founding of an association requires seven board members. Best practice dictates that only two people should be required to form an association, as is the case in Armenia, Estonia and Luxembourg.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
- Year
- Item does not have this property
Paragraph
Comparative study of enabling environments for associations and businesses 2015, para. 42
- Paragraph text
- The obstacles for associations, however, are much greater. Ethiopia prohibits foreign associations from engaging in a vast array of activities, including "the advancement of human and democratic rights". A charity is deemed to be "foreign" if it is based in another country, has non-Ethiopian members or receives more than 10 per cent of its funding from international sources. Ethiopia also prohibits foreign investment in certain commercial sectors, notably banking and the mass media.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
- Year
- Item does not have this property
Paragraph
Comparative study of enabling environments for associations and businesses 2015, para. 89
- Paragraph text
- The importance of business to governments is often evidenced by their extensive integration into ministries that do not strictly focus on commerce. "Trade" is incorporated in the name of ministries of foreign affairs in a growing list of countries, including Australia, Canada, Hungary, Ireland and New Zealand - suggesting increased business influence on foreign policy. Conversely, associations are sometimes regulated by the same ministry that oversees prisons or the police.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
- Year
- Item does not have this property
Paragraph
Comparative study of enabling environments for associations and businesses 2015, para. 90
- Paragraph text
- In Kenya, as in many other countries, the President meets annually with business leaders, while no similar meeting is afforded to civil society. In fact, presidents rarely, if ever, attend global conferences discussing civil society's concerns, such as the International Civil Society Week organized by CIVICUS. They are much more likely to attend conferences on business promotion, such as the World Economic Forum or the Global Entrepreneurship Summit.
- 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
- 2015
- Year
- Item does not have this property
Paragraph
Comparative study of enabling environments for associations and businesses 2015, para. 97
- Paragraph text
- To the Special Rapporteur's knowledge, legislation in many countries does not generally distinguish participants in peaceful assemblies on the basis of their for-profit or non-profit objectives. Thus, for example, Bulgarian law recognizes that individuals, associations, and political and other social organizations can organize assemblies. The law in Portugal requires both individuals and legal entities wishing to assemble peacefully to notify the relevant authorities at least two working days prior to the event.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
- Year
- Item does not have this property
Paragraph
Comparative study of enabling environments for associations and businesses 2015, para. 108
- Paragraph text
- In this spirit, the Special Rapporteur calls upon States, multilateral organizations, businesses and other stakeholders to commit themselves to the concept of sectoral equity and to create the best possible enabling environment for the existence and operation of associations, and the holding of peaceful assemblies by civil society. The Special Rapporteur proposes the following recommendations as steps towards realizing these goals.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
- Year
- Item does not have this property
Paragraph
Comparative study of enabling environments for associations and businesses 2015, para. 63
- Paragraph text
- Similarly, associations and their leaders are often subject to more severe criminal penalties for involvement in "extremist" or terrorist activity. For example, the Criminal Code of Kazakhstan deems being a "leader of a public association" (though not a business) as an aggravating factor leading to greater penalties in a number of crimes. In Turkey, penalties for the offence of terrorist propaganda are doubled if the offence is committed on the premises of an association or foundation.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
- Year
- Item does not have this property
Paragraph
Comparative study of enabling environments for associations and businesses 2015, para. 24
- Paragraph text
- Registration should be viewed as a voluntary process that associations engage with in exchange for a benefit, for example obtaining status as a legal entity and qualifying for tax benefits. Often, businesses are in the same situation. Many jurisdictions allow sole proprietorships and partnerships without requiring their incorporation as a separate legal entity. Incorporation simply carries additional benefits, such as allowing the entity to obtain credit or tax incentives, or to open a bank 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
- 2015
- Year
- Item does not have this property
Paragraph
The rights to freedom of peaceful assembly and of association in the context of natural resource exploitation projects 2015, para. 47
- Paragraph text
- The Special Rapporteur has received numerous reports concerning violations of the rights of human rights defenders, activists and community members who exercised their rights to freedom of peaceful assembly in the context of natural resource exploitation. Civil society activists in countries such as Colombia (A/HRC/28/85, case COL 7/2014), the Philippines (A/HRC/27/72, case PHL 2/2014) and Thailand (A/HRC/24/21, case THA 3/2013), to name a few, have paid with their lives for leading advocacy campaigns against natural resource exploitation operations. According to the Special Rapporteur on the situation of human rights defenders, human rights defenders working on extractive and the construction and development projects in the Americas were the subject of most communications to her and faced the highest risk of death as a result of their human rights activities (see A/HRC/19/55, para. 71). In South Africa, over 30 miners at the Marikana Mine were shot and killed by police during a strike, although the workers' action was not entirely peaceful (see A/HRC/22/67 and Corrs.1 and 2, ZAF cases 3/2012). In Guatemala, where agriculture provides the main livelihood for the majority of the population, competition between landowners, farmers, indigenous communities and their associations and large-scale commercial agricultural and mining projects has resulted in the criminalization of social movements and their claims (see A/HRC/26/29/Add.1, paras. 193-199, and A/HRC/10/12, para. 34-35).
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Person(s) affected
- Activists
- Year
- 2015
- Year
- Item does not have this property
Paragraph
The rights to freedom of peaceful assembly and of association in the context of natural resource exploitation projects 2015, para. 6
- Paragraph text
- The global economy relies heavily on the availability and exploitation of natural resources. With the industrialization of emerging economies and the ever-increasing needs of older market-economy countries, the demand for natural resources has increased dramatically. With that demand has come a plethora of concerns relating to the sustainability of economic growth and its impact on the climate, the environment and, more generally, on human rights.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Person(s) affected
- N.A.
- Year
- 2015
- Year
- Item does not have this property
Paragraph
The rights to freedom of peaceful assembly and of association in the context of natural resource exploitation projects 2015, para. 15
- Paragraph text
- States also have an obligation to prevent conflict before it starts, including by creating a legal environment that promotes transparency and fairness. The area of land rights, for example, is often key. The absence of legal frameworks that clearly spell out land rights creates opportunities for arbitrary expropriation or land grabbing, which in turn can lead to conflict. Opaque procedures for granting exploitation licences and concessions aggravate the situation and often fuel social protests.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Year
- 2015
- Year
- Item does not have this property
Paragraph
The rights to freedom of peaceful assembly and of association in the context of natural resource exploitation projects 2015, para. 77
- Paragraph text
- He recommends that consumers and corporate shareholders consider the human rights record of companies when purchasing products or company shares, and ensure that those purchases do not encourage or support the violation of peaceful assembly and association rights. The Special Rapporteur also encourages shareholders and consumers to join with others in publicizing the human rights rationale behind their purchase and investment choices.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- N.A.
- Year
- 2015
- Year
- Item does not have this property
Paragraph
Challenges faced by groups most at risk when exercising or seeking to exercise the rights to freedom of peaceful assembly and/or of association 2014, para. 20
- Paragraph text
- [International human rights instruments that protect the rights of particular groups specifically recognize directly or indirectly the rights to freedom of peaceful assembly and of association for those groups:] The right of minority groups to freely associate is implied in the protection of the International Covenant on Civil and Political Rights of their right, in community with other members of their group, to enjoy their own culture, practice their religion and use their own language (art. 27).
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- Ethnic minorities
- Year
- 2014
- Year
- Item does not have this property
Paragraph
The rights to freedom of peaceful assembly and of association in the context of natural resource exploitation projects 2015, para. 56
- Paragraph text
- The Special Rapporteur reiterates that the primary responsibility for ensuring public security, law and order for the benefit of all within a State's boundaries lies with the Government of that State. The State should also regulate, control and monitor the activities of private security firms, including those contracted in the natural resource exploitation sector, and hold them accountable when they breach 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
- Environment
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2015
- Year
- Item does not have this property
Paragraph
The rights to freedom of peaceful assembly and of association in the context of natural resource exploitation projects 2015, para. 58
- Paragraph text
- Restrictive laws, for example, are used to target organizations working on issues that the authorities find sensitive. Emblematic of this approach is the use by Ecuador of Executive Decree No. 16 to close the Pachamama Foundation, which had worked peacefully and legitimately for 18 years to defend human rights, especially the rights of indigenous peoples in the Amazon (A/HRC/26/21 and ECU 4/2013).
- 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
- Ethnic minorities
- Year
- 2015
- Year
- Item does not have this property
Paragraph
The rights to freedom of peaceful assembly and of association in the context of natural resource exploitation projects 2015, para. 68
- Paragraph text
- States bear the primary responsibility for promoting and protecting peaceful assembly and association rights. They must implement and strengthen mechanisms that enable them discharge this duty. One major problem with States' current legal frameworks, however, is a lack of proper enforcement mechanisms at both the domestic and international levels. Without such mechanisms, accountability will be, at best, sporadic and irregular.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
- Year
- Item does not have this property
Paragraph
The rights to freedom of peaceful assembly and of association in the context of natural resource exploitation projects 2015, para. 72c (ii)
- Paragraph text
- [The Special Rapporteur recommends that States:] Take appropriate measures to meet extraterritorial obligations, particularly by providing access to remedy for victims of violations of the rights to freedom of peaceful assembly and of association; measures should include but are not limited to: Enacting, implementing and enforcing laws that prohibit and provide penalties for conduct by corporations that violates human rights abroad;
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Person(s) affected
- N.A.
- Year
- 2015
- Year
- Item does not have this property
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
- Year
- Item does not have this property
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
- Year
- Item does not have this property
Paragraph
Challenges faced by groups most at risk when exercising or seeking to exercise the rights to freedom of peaceful assembly and/or of association 2014, para. 20
- Paragraph text
- [International human rights instruments that protect the rights of particular groups specifically recognize directly or indirectly the rights to freedom of peaceful assembly and of association for those groups:] Refugees lawfully staying in a country are entitled, in relation to the right to freedom of association, to the most favourable treatment accorded to nationals of a foreign country, in the same circumstances.
- 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
- 2014
- Year
- Item does not have this property
Paragraph
Challenges faced by groups most at risk when exercising or seeking to exercise the rights to freedom of peaceful assembly and/or of association 2014, para. 26
- Paragraph text
- The Special Rapporteur also notes that the failure to provide any outlet for politically excluded groups to air their grievances can be counterproductive and carry severe consequences. Further, such restrictions can foster or magnify a culture of silence among the excluded group, putting them at higher risk of violations and abuses that may go unreported, uninvestigated and unpunished.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Year
- 2014
- Year
- Item does not have this property
Paragraph
Challenges faced by groups most at risk when exercising or seeking to exercise the rights to freedom of peaceful assembly and/or of association 2014, para. 28
- Paragraph text
- Such provisions are in clear violation of international human rights law. In that regard, the Human Rights Committee stated that "the reference to 'sex' in articles 2, paragraph 1, and 26 [of the International Covenant on Civil and Political Rights] is to be taken as including sexual orientation". Since then, in numerous concluding observations, the Committee has urged State parties to guarantee equal rights to all individuals, as established in the Covenant, regardless of their sexual orientation or gender identity.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Gender
- Person(s) affected
- All
- Year
- 2014
- Year
- Item does not have this property
Paragraph
Challenges faced by groups most at risk when exercising or seeking to exercise the rights to freedom of peaceful assembly and/or of association 2014, para. 29
- Paragraph text
- In some circumstances, general laws governing assemblies may have a disproportionate impact on certain groups who exercise or seek to exercise their assembly rights. Those restrictions appear to be neutral on their face, but in practice, they may have a harsh impact on the assembly rights of certain groups most at risk. They may also be drafted to appear neutral, but in practice are applied only against 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
- Equality & Inclusion
- Person(s) affected
- N.A.
- Year
- 2014
- Year
- Item does not have this property
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
- Year
- Item does not have this property
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
- Year
- Item does not have this property
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
- Year
- Item does not have this property
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
- Year
- Item does not have this property
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.
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- Special Rapporteur on the rights to freedom of peaceful assembly and association
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- Special Procedures' report
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- 2017
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Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 9
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- 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.
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- Special Rapporteur on the rights to freedom of peaceful assembly and association
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- 2017
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The Special Rapporteur's vision of the mandate 2017, para. 56
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- 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).
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- Special Rapporteur on the rights to freedom of peaceful assembly and association
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- Special Procedures' report
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- N.A.
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- 2017
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Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the context of multilateral institutions 2014, para. 88c
- Paragraph text
- [The Special Rapporteur calls upon the United Nations specifically to:] Promote human rights in all United Nations work and to understand that all staff and agency actions, policy and work often has a profound impact on the human rights landscape - even if these staff and agencies are not working directly on human rights;
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
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- Special Procedures' report
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- Governance & Rule of Law
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- N.A.
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- 2014
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Comparative study of enabling environments for associations and businesses 2015, para. 109b
- Paragraph text
- [The Special Rapporteur calls upon States:] To take positive measures to protect and facilitate the right to freedom of association, including by reducing accounting and oversight burdens for smaller associations, offering tax incentives for associations, creating "one-stop shops" and offering diplomatic assistance abroad for those in the civil society sector;
- 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.
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- 2015
- Year
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Paragraph
Comparative study of enabling environments for associations and businesses 2015, para. 109c
- Paragraph text
- [The Special Rapporteur calls upon States:] To take positive measures to protect and facilitate the right to freedom of peaceful assembly, including by requiring at most a prior notification procedure, while allowing spontaneous assemblies, and ensuring access to public space, including public streets, roads and squares, for the holding of peaceful assemblies;
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- Special Rapporteur on the rights to freedom of peaceful assembly and association
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- 2015
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Comparative study of enabling environments for associations and businesses 2015, para. 110a
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- [The Special Rapporteur calls upon the United Nations, other multilateral organizations and donors specifically:] To consider the concept of "sectoral equity" as critical to the enjoyment of the rights to freedom of peaceful assembly and of association, and enshrine that perspective in instruments designed to promote and protect fundamental rights;
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- Special Rapporteur on the rights to freedom of peaceful assembly and association
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- Special Procedures' report
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- 2015
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Comparative study of enabling environments for associations and businesses 2015, para. 110c
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- [The Special Rapporteur calls upon the United Nations, other multilateral organizations and donors specifically:] To use bilateral aid as leverage to encourage States to support the rights to freedom of peaceful assembly and of association, and evaluate the health of those rights, in part by examining whether civil society is treated equitably compared to businesses;
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
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- Special Procedures' report
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- 2015
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The rights to freedom of peaceful assembly and of association in the context of natural resource exploitation projects 2015, para. 73c
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- [The Special Rapporteur recommends that corporations:] 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, including through human rights impact assessments;
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- Special Rapporteur on the rights to freedom of peaceful assembly and association
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- 2015
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Ability of associations to access financial resources as a vital part of the right to freedom of association & Ability to hold peaceful assemblies as an integral component of the right to freedom of peaceful assembly 2013, para. 82a
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- [In relation to freedom of association, the Special Rapporteur calls upon States:] To adopt a regime of notification for the formation of associations, and to allow for the existence of unregistered associations;
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
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- Special Procedures' report
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- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
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- 2013
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Ability of associations to access financial resources as a vital part of the right to freedom of association & Ability to hold peaceful assemblies as an integral component of the right to freedom of peaceful assembly 2013, para. 83a
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- [In relation to freedom of peaceful assembly, the Special Rapporteur calls upon States:] To establish in law, in a clear and explicit manner, a presumption in favour of holding peaceful assemblies, and to facilitate and protect peaceful assemblies;
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- Special Rapporteur on the rights to freedom of peaceful assembly and association
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- Special Procedures' report
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- 2013
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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
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- Special Procedures' report
- Topic(s)
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- Equality & Inclusion
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- 2016
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Comparative study of enabling environments for associations and businesses 2015, para. 81
- Paragraph text
- In this regard, the Special Rapporteur cites Australia, Jamaica, Switzerland and the United States as examples of good practice. Each of those States exempts the revenue of certain associations from income tax, and in the case of the United States donors are allowed to deduct donations from their income. Those privileges foster associations' ability to seek, secure and use resources and to do their work more effectively.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
- Year
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Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the context of multilateral institutions 2014, para. 75
- Paragraph text
- Moreover, in May 2014, the Committee voted the closure of the application of the Fundación Centro para la Apertura y el Desarrollo de América Latina, at the request of Cuba (with the support of China, the Russian Federation and the Bolivarian Republic of Venezuela), which claimed that the organization is engaged in "subversive activities". Furthermore and despite repeated attempts, the NGO Human Rights in China has yet to be accredited by the Committee owing to the opposition of the Government of China, which has questioned the legitimacy of the organization.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
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- Special Procedures' report
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- Governance & Rule of Law
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- N.A.
- Year
- 2014
- Year
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Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the context of multilateral institutions 2014, para. 77
- Paragraph text
- Additionally, the Committee places obstacles to accredited NGOs by intentionally deferring consideration of the quadrennial reports that they are requested to produce. In January 2014, the Committee deferred 11 reports of NGOs, including Human Rights Watch, following questions from Cuba and the Russian Federation. In addition, the Committee postponed further consideration of all 23 previously deferred quadrennial reports of organizations such as Amnesty International, Freedom House, Human Rights First, International PEN, and Reporters sans frontières international (see E/2014/32 (Part I)).
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
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- Special Procedures' report
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- N.A.
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- 2014
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The exercise of the rights to freedom of peaceful assembly and of association in the context of multilateral institutions 2014, para. 79
- Paragraph text
- The Special Rapporteur is similarly concerned about the so-called "no objection" procedure which allows for the participation of NGOs without consultative status in United Nations high-level events, unless States object to it. However, States which object do not have to provide any justification and remain anonymous. The Special Rapporteur was informed that States have increasingly used this procedure to restrict the access of NGOs in several meetings at United Nations Headquarters, for instance during the 2013 high-level meeting of the General Assembly on the realization of the Millennium Development Goals for persons with disabilities, the 2013 high-level dialogue on international migration and development, and the high-level meeting on rule of law.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons with disabilities
- Year
- 2014
- Year
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Paragraph
Best practices that promote and protect the rights to freedom of peaceful assembly and of association 2012, para. 42
- Paragraph text
- The Special Rapporteur stresses the importance of the regulatory authorities providing assembly organizers with "timely and fulsome reasons for the imposition of any restrictions, and the possibility of an expedited appeal procedure". The organizers should be able to appeal before an independent and impartial court, which should take a decision promptly. In several States, the regulatory authority has the obligation to justify its decision (e.g. Senegal and Spain). In Bulgaria, the organizer of an assembly may file an appeal within three days of receipt of a decision banning an assembly; the competent administrative court shall then rule on the ban within 24 hours, and the decision of the court shall be announced immediately and is final. Similarly, in Estonia, a complaint may be filed with an administrative court, which is required to make a decision within the same or next day; the organizers may also launch a complaint with the Estonian Ombudsman.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
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- 2012
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Best practices that promote and protect the rights to freedom of peaceful assembly and of association 2012, para. 46
- Paragraph text
- Several good initiatives were brought to the attention of the Special Rapporteur, which should be replicated. In Burkina Faso, a seminar on "public demonstration and human rights: what strategy for a better collaboration between the different actors" was conducted by the Ministry of Justice and the Promotion of Human Rights for the benefit of security forces and NGOs. In Slovenia, training initiatives for law enforcements officials on the use of non-lethal instruments of constraint (such as batons, tear gas and water canons) when maintaining public order were delivered. In the United Kingdom, the police of several counties appointed an independent human rights lawyer to advise them on the legality and human rights implications of large-scale public order operations in relation to controversial protests.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Year
- 2012
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Best practices that promote and protect the rights to freedom of peaceful assembly and of association 2012, para. 48
- Paragraph text
- The Special Rapporteur refers to the report to the General Assembly of the then Special Representative of the Secretary-General on the situation of human rights defenders, who stated that "monitoring of assemblies can provide an impartial and objective account of what takes place, including a factual record of the conduct of both participants and law enforcement officials. This is a valuable contribution to the effective enjoyment of the right to peaceful assembly. The very presence of human rights monitors during demonstrations can deter human rights violations. It is therefore important to allow human rights defenders to operate freely in the context of freedom of assembly" (A/62/225, para. 91). Such defenders include members of civil society organizations, journalists, "citizen journalists", bloggers and representatives of national human rights institutions.
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- Special Rapporteur on the rights to freedom of peaceful assembly and association
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- Special Procedures' report
- Topic(s)
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- 2012
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Best practices that promote and protect the rights to freedom of peaceful assembly and of association 2012, para. 49
- Paragraph text
- In this regard, the Special Rapporteur considers good practice the invitation of the London Metropolitan Police to Liberty, an independent human rights organization, to act as independent observers when they were policing a Trades Union Congress march in London in 2010. He also refers to the statement of the Vice-Chair of the Malaysian Human Rights Commission (SUHAKAM) made during the panel discussion on the promotion and protection of human rights in the context of peaceful protests, at the nineteenth session of the Human Rights Council (A/HRC/19/40, para. 33). The Vice-Chair highlighted, inter alia, the monitoring role played by SUHAKAM during a sensitive public demonstration, by deploying teams of observers.
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- Special Rapporteur on the rights to freedom of peaceful assembly and association
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- Special Procedures' report
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- 2012
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The exercise of the rights to freedom of peaceful assembly and of association in the context of elections 2013, para. 5
- Paragraph text
- The right to freedom of peaceful assembly and of association are pertinent to the democratic process, both during the election period and between elections. The Special Rapporteur reiterates that these rights are essential components of democracy since they empower women, men and youth 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" (Council resolution 15/21, preamble).
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- Special Rapporteur on the rights to freedom of peaceful assembly and association
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- Women
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- 2013
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The exercise of the rights to freedom of peaceful assembly and of association in the context of elections 2013, para. 36
- Paragraph text
- More broadly, party resources should be differentiated from public resources. Public resources should not be used to tilt the electoral playing field in a party's favour and in particular the incumbent party or its candidates. This principle extends to the use of State institutions, such as police forces, the judiciary, the prosecutorial authority, law enforcement agencies and others, which should be impartial when controlling or limiting the activities of political parties, such as by initiating politically motivated court cases against rival candidates, in effect, preventing them from engaging in campaign activities.
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- Special Rapporteur on the rights to freedom of peaceful assembly and association
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- 2013
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The exercise of the rights to freedom of peaceful assembly and of association in the context of elections 2013, para. 37
- Paragraph text
- Pluralism is a hallmark of democracy with political parties as catalysts for debate and dialogue in democratic societies, such debate forming the basis of the voter's choice of representatives. The European Court of Human Rights considers that there can be no democracy without pluralism. It is for that reason that freedom of expression is applicable not only to "information" or "ideas" that are favourably received or regarded as inoffensive or as a matter of indifference, but also to those that offend, shock or disturb. In another landmark decision, the Court found a violation of freedom of association stating that mention of the consciousness of belonging to a minority and the preservation and development of a minority's culture cannot be said to constitute a threat to "democratic society", even though it may provoke tensions. It further stated that the emergence of tensions is one of the unavoidable consequences of pluralism, that is to say the free discussion of all political ideas.
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- 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
- Social & Cultural Rights
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- Ethnic minorities
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- 2013
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The exercise of the rights to freedom of peaceful assembly and of association in the context of elections 2013, para. 38
- Paragraph text
- Political parties thus, have the freedom to choose and pursue ideologies, even if these are unpopular with the authorities or the public in general, including the ability to call for a boycott of elections, without fearing retaliation for doing so. The freedom of political parties to expression and opinion, particularly through electoral campaigns, including the right to seek, receive and impart information, is as such, essential to the integrity of elections. The Special Rapporteur recalls that, in its resolution 12/16, the Human Rights Council made clear that, in principle, no restriction is permissible with regard, inter alia, to: discussion of Government policies and political debate; reporting on human rights, Government activities and corruption in Government; engaging in election campaigns, peaceful demonstrations or political activities, including for peace or democracy; and expression of opinion and dissent, religion or belief, including by persons belonging to minorities or vulnerable groups. The Special Rapporteur emphasizes that, only when a political party or any of its candidates uses violence or advocates for violence or national, racial or religious hatred constituting incitement to discrimination, hostility or violence (art. 20, International Covenant on Civil and Political Rights, also reflected in art. 5 of the International Convention on the Elimination of All Forms of Racial Discrimination), or when it carries out activities or acts aimed at the destruction of the rights and freedoms enshrined in international human rights law (art. 5, International Covenant on Civil and Political Rights), can it be lawfully prohibited.
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- Special Rapporteur on the rights to freedom of peaceful assembly and association
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- Ethnic minorities
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- 2013
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Ability of associations to access financial resources as a vital part of the right to freedom of association & Ability to hold peaceful assemblies as an integral component of the right to freedom of peaceful assembly 2013, para. 82b
- Paragraph text
- [In relation to freedom of association, the Special Rapporteur calls upon States:] To ensure that associations - registered and unregistered - can seek, receive and use funding and other resources from natural and legal persons, whether domestic, foreign or international, without prior authorization or other undue impediments, including from individuals; associations, foundations or other civil society organizations; foreign Governments and aid agencies; the private sector; the United Nations and other entities;
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- Special Rapporteur on the rights to freedom of peaceful assembly and association
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- Special Procedures' report
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- N.A.
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- 2013
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The exercise of the rights to freedom of peaceful assembly and of association in the context of multilateral institutions 2014, para. 5
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- In previous thematic reports to the Human Rights Council and the General Assembly, the Special Rapporteur has emphasized State obligations to ensure the free exercise of the rights to peacefully assemble and to associate at the national level. In this report, he examines State actions at the multilateral level and their impact, recognizing that such actions have repercussions on civil society's ability to engage and participate in social, economic, political and other pursuits. The Special Rapporteur considers that both an enabling environment for civil society and a vibrant civil society are indispensable for the enjoyment of the rights to freedom of peaceful assembly and of association.
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- Special Rapporteur on the rights to freedom of peaceful assembly and association
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- 2014
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The exercise of the rights to freedom of peaceful assembly and of association in the context of multilateral institutions 2014, para. 6
- Paragraph text
- In its most basic form, the concept of multilateralism is understood to involve three or more States acting jointly on a particular issue. Global governance is largely still thought of as revolving around States as the primary entities engaged in negotiating the interests of the world's citizens. These engagements may take place within formally structured institutions created by treaties or may take advantage of more flexible arrangements without formal mandates, treaties or legal powers. Interactions may be focused within a geographical area or may coalesce around issues of mutual interest. In this report, the focus is on multilateral institutions acting at the global level on a variety of interests.
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- Special Rapporteur on the rights to freedom of peaceful assembly and association
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- Special Procedures' report
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- 2014
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Ability of associations to access financial resources as a vital part of the right to freedom of association & Ability to hold peaceful assemblies as an integral component of the right to freedom of peaceful assembly 2013, para. 66
- Paragraph text
- Access to public space means concretely that organizers and participants should be able to use public streets, roads and squares to conduct (static or moving) peaceful assemblies. The Special Rapporteur believes that spaces in the vicinity of iconic buildings such as presidential palaces, parliaments or memorials should also be considered public space, and peaceful assemblies should be allowed to take place in those locations. In this regard, the imposition of restrictions on "time, place and manner" should meet the aforementioned strict test of necessity and proportionality. In Kenya, protesters have been temporarily prohibited from gathering around the Supreme Court as they awaited a decision, as well as from other public places.
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- Special Rapporteur on the rights to freedom of peaceful assembly and association
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Ability of associations to access financial resources as a vital part of the right to freedom of association & Ability to hold peaceful assemblies as an integral component of the right to freedom of peaceful assembly 2013, para. 72
- Paragraph text
- The Special Rapporteur stresses again the utmost importance of new communication technologies, including the Internet and mobile phones, in organizing peaceful assemblies. Such technologies allow organizers to mobilize a large group of people in a prompt and effective manner, and at little cost. This importance was highlighted by both panelists and delegations during the Human Rights Council panel discussion on the promotion and protection of human rights in the context of peaceful protests. It should be noted that individuals who post on social media organizers' calls for assemblies should not be considered as organizers, as has regrettably been the case in Malaysia, for instance.
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- Special Rapporteur on the rights to freedom of peaceful assembly and association
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- 2013
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Ability of associations to access financial resources as a vital part of the right to freedom of association & Ability to hold peaceful assemblies as an integral component of the right to freedom of peaceful assembly 2013, para. 12
- Paragraph text
- In recent years, civil society actors have been facing increased control and undue restrictions in relation to funding they received, or allegedly received. Combined with the global financial crisis that has compelled some donors to reduce funding, this situation has, in many instances, led to a decline in the number of associations and a decrease in or readjustment of the activities of existing ones, or in worst cases, to the extinction of some associations. This problem is not isolated and exists in all parts of the world, usually as a result of undue restrictions occurring when an association: (a) seeks; (b) secures; or (c) uses financial resources; and these measures aim, in many cases, to silence the voices of dissent and critics.
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- Special Rapporteur on the rights to freedom of peaceful assembly and association
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The exercise of the rights to freedom of peaceful assembly and of association in the context of multilateral institutions 2014, para. 15
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- In order to provide robust protection to civic engagement at the multilateral level, it must be recognized that freedom of peaceful assembly and of association are inextricably intertwined with the right to take part in the conduct of public affairs, the right to freedom of opinion and expression, the right of access to information and other relevant rights, such as articles 25 and 19 of the International Covenant. The Human Rights Committee, in general comment 25, paragraph 5, recognizes the right to participate in public affairs to cover "all aspects of public administration, and the formulation and implementation of policy at international, national, regional and local levels". Similarly, the freedoms of opinion and expression are necessary components to ensuring that civic voices are heard at the multilateral platforms. For civil society to engage effectively in global decision-making, the right to access information is indispensable.
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- Special Rapporteur on the rights to freedom of peaceful assembly and association
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- Special Procedures' report
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The exercise of the rights to freedom of peaceful assembly and of association in the context of multilateral institutions 2014, para. 33
- Paragraph text
- The United Nations Development Programme (UNDP) in Kenya and Malawi, for example, has a requirement that money from their "basket funds" cannot be used for protests. The Special Rapporteur finds this requirement inappropriate, given the fundamental nature of the right to freedom of peaceful assembly. Conversely, the United Nations Office of the High Commissioner for Human Rights (OHCHR) monitors public assemblies in countries where it has field presences, such as in Cambodia - and may also intervene with authorities to remedy violations of demonstrators' right of assembly. However, this does not apply consistently everywhere OHCHR has a field presence, for example, the OHCHR office in Ethiopia does not carry out programming on human rights at the national level.
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- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
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The exercise of the rights to freedom of peaceful assembly and of association in the context of multilateral institutions 2014, para. 39
- Paragraph text
- Since its inception with 41 organizations in 1945, the Economic and Social Council has granted consultative status to about 4,000 NGOs. It was the first venue to include NGOs in formal deliberations of the United Nations. In the 1990s, it widened their role and allowed NGOs to access influential national-level organizations. However, attempts to increase and diversify access were soon met with financial and security considerations - the sheer number of NGOs began to be seen as too costly and as a security threat. The Special Rapporteur received numerous reports suggesting a feeling of discouragement of some of these organizations, in particular the smaller ones, to go through the application process, in addition to other challenges elaborated in section IV.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
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- Special Procedures' report
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- Person(s) affected
- N.A.
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- 2014
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Ability of associations to access financial resources as a vital part of the right to freedom of association & Ability to hold peaceful assemblies as an integral component of the right to freedom of peaceful assembly 2013, para. 41
- Paragraph text
- The Special Rapporteur stresses that even if the restriction were to pursue a legitimate objective, it would not comply with the requirements of "a democratic society". In particular, deliberate misinterpretations by Governments of ownership or harmonization principles to require associations to align themselves with Governments' priorities contradict one of the most important aspects of freedom of association, namely that individuals can freely associate for any legal purpose. Hence, Governments which restrict funding in the name of aid effectiveness violate the key democratic principles of "pluralism, tolerance and broadmindedness" and therefore unduly restrict freedom of association.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2013
- Year
- Item does not have this property
Paragraph
Challenges faced by groups most at risk when exercising or seeking to exercise the rights to freedom of peaceful assembly and/or of association 2014, para. 67
- Paragraph text
- Some groups are denied registration or the renewal of their existing registration, in contravention of laws that outline the procedures to be followed in registering associations. This is allegedly the case in Viet Nam, where a majority of Hmong Christian house churches have been denied registration and are therefore unable to operate. The authorities do not consider them to be a "true" religion and instead characterize them as carrying out anti-Government activities. The Special Rapporteur aligns himself with the sentiments of the Special Rapporteur on freedom of religion or belief "that freedom of religion or belief is not limited to members of registered religious communities and that registration may only be appropriate for the acquisition of a legal personality and related benefits" (A/64/159, para. 13). He emphasizes that it is the duty of the State to ensure that everyone can peacefully express their views without fear.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Year
- 2014
- Year
- Item does not have this property
Paragraph
Challenges faced by groups most at risk when exercising or seeking to exercise the rights to freedom of peaceful assembly and/or of association 2014, para. 68
- Paragraph text
- The Special Rapporteur believes that the right to freedom of association should be available for everyone to exercise. This includes the freedom of Governments to form government-organized NGOs or for organizations to closely align with Government. However, he deplores the practice of restricting the formation of autonomous associations so that civic space is monopolized by government-organized NGOs. Civic space should be an environment in which diverse organizations are allowed to operate, compete and cooperate without interference or control by authorities. Where the space of operation by autonomous associations is limited, marginalized groups are all the more constrained in how they establish and operate 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
- 2014
- Year
- Item does not have this property
Paragraph
Challenges faced by groups most at risk when exercising or seeking to exercise the rights to freedom of peaceful assembly and/or of association 2014, para. 15
- Paragraph text
- In general, restrictions on and exclusions from the exercise of the rights to freedom of peaceful assembly and of association have the consequence of reinforcing marginalization. The inverse is also true and more compelling: marginalization often means that individuals and groups are unable to effectively exercise their rights to freedom of peaceful assembly and of association. That interrelation is evident in the illustrative examples discussed in the following sections. The ability to exercise the rights to freedom of peaceful assembly and of association constitutes a key component in the empowerment of marginalized communities and individuals.
- 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
- 2014
- Year
- Item does not have this property
Paragraph
Comparative study of enabling environments for associations and businesses 2015, para. 19
- Paragraph text
- Enhancing the enabling environment for civil society should thus not be seen as a criticism of business. Rather, the Special Rapporteur believes it is a matter of elevating civil society. The interests and opinions of each sector may diverge in many respects, but this is to be expected in pluralistic and democratic societies. The important point is how societies deal with those competing perspectives and make room for them at the table of public discourse. States have an obligation to take positive measures to promote the rights to freedom of peaceful assembly and of association. They would better promote and protect those rights if they elevated their treatment of associations to similar levels as their treatment of businesses.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
- Year
- Item does not have this property
Paragraph
Challenges faced by groups most at risk when exercising or seeking to exercise the rights to freedom of peaceful assembly and/or of association 2014, para. 57
- Paragraph text
- Funding restrictions, including restrictions on foreign funding, may disproportionately affect associations that promote issues that do not enjoy popularity or the support of the State or the majority of the population, including those that relate to the advancement of the rights of marginalized groups. This is evidenced by the dichotomy that some States impose regarding association funding sources: certain types of activities or organizations are permitted to receive foreign funding while others only receive domestic funding. For instance, to be considered an Ethiopian charity or society, organizations cannot receive more than 10 per cent of their funding from foreign sources. Only Ethiopian charities or societies may engage in promoting human rights work, gender equality and religious equality, the rights of persons with disabilities, children's rights, conflict resolution or reconciliation and the efficiency of the justice and law enforcement services. Foreign associations or those that receive more than 10 per cent of their funding from foreign sources may not engage in such activities. In the Russian Federation, an organization working on "political activities" and receiving foreign funding must register itself as a "foreign agent", which in Russian is synonymous with "foreign spy". The law broadly defines political activities as attempts to influence official decision-making or to shape public opinion to exert a similar influence, and thus can include work in areas such as human rights, governance and accountability issues.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Person(s) affected
- Children
- Persons with disabilities
- Year
- 2014
- Year
- Item does not have this property
Paragraph
Challenges faced by groups most at risk when exercising or seeking to exercise the rights to freedom of peaceful assembly and/or of association 2014, para. 58
- Paragraph text
- Legislation that provides broad discretion to authorities to monitor or oversee the activities of associations poses a grave risk to the continued existence of organizations that engage in activities perceived to be threatening to the State. Groups that advocate against the unsustainable use of natural resources or the use of those resources contrary to the rights of indigenous peoples are often targeted and risk closure, as happened to Fundación Pachamama in Ecuador pursuant to Presidential Decree No. 16. The Special Rapporteur emphasizes that associations are entitled to operational autonomy, which includes the freedom to choose which activities they engage in to achieve organizational goals.
- 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
- Ethnic minorities
- Year
- 2014
- Year
- Item does not have this property
Paragraph
Challenges faced by groups most at risk when exercising or seeking to exercise the rights to freedom of peaceful assembly and/or of association 2014, para. 60
- Paragraph text
- Criminal procedure laws and penal sanctions are used in several States to deter the exercise of the right to freedom of association. Authorities who are hostile to critical voices resort to criminal prosecution for defamation or similar offences, thereby discouraging and interfering with legitimate activities by groups. Organizations engaged in human rights work, anti-corruption advocacy and other accountability initiatives are particularly targeted. In Oman, between May and June 2012, 11 human rights defenders, including bloggers, writers, and members of human rights organizations and of the media, were sentenced for offences related to injurious speech and assembly. They were all pardoned on 22 March 2013. In Viet Nam, in March 2013, the police charged a human rights defender with slander against the regime. The authorities asserted that he had not expressed his opinions in a peaceful manner and that he had thus disturbed the public order. The country's Press Law of 1989 limits the right to express dissent, restricting it to "constructive" opinions on implementing the lines and policies of the Communist Party and the laws of the States law. In El Salvador, article 345 of the Criminal Code considers as illegal two or more people gathering to commit a crime. Despite the necessity to prove intent to commit a crime, law enforcement officials often stop and detain young people simply because it is believed that they are gathering to organize or plan a crime, or that they belong to a gang merely because they have a tattoo, are young, live in a particular neighbourhood where there is gang presence or are poor. Youth are additionally disproportionately affected because criminal groups force them to join their ranks, thereby violating their right to freedom of association.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Activists
- Youth
- Year
- 2014
- Year
- Item does not have this property
Paragraph
Challenges faced by groups most at risk when exercising or seeking to exercise the rights to freedom of peaceful assembly and/or of association 2014, para. 63
- Paragraph text
- As stated by the Human Rights Council, in its resolution 24/5, the right to freedom of association applies both online and offline. As such, laws that unjustifiably restrict freedom of expression on the Internet and limit the ability of people to associate over that medium are unacceptable. With youth being the most active social media users overall, restrictions placed on access to social media sites will disproportionately affect their ability to organize and mobilize for their common interests. The perception that youth in general lacks maturity and are therefore incapable of participating fully in public affairs often forms the backdrop against which some Governments feel the need to filter and dictate media content made available in their countries.
- 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
- Youth
- Year
- 2014
- Year
- Item does not have this property
Paragraph
Challenges faced by groups most at risk when exercising or seeking to exercise the rights to freedom of peaceful assembly and/or of association 2014, para. 66
- Paragraph text
- Patriarchal attitudes and stereotypes in societies that promote a narrow understanding of the role of women as being confined to the private sphere militate against the ability of women to organize and participate in activities in the public sphere. Thus, the Committee on the Elimination of Discrimination against Women has expressed concern at the harassment, intimidation and imprisonment of members of women's NGOs and women human rights defenders and at restrictions placed on the activities of organizations focused on gender equality (see, for example, CEDAW/C/UZB/CO/4, paras. 17-18). Similarly, the Working Group on the issue of discrimination against women in law and in practice found that women's participation in political and public life is commonly constrained by structural and societal discrimination in the family, in caregiving responsibilities and in violence against women, and by marginalization by political parties and other non-State public institutions. The obligation of States to remove those barriers is clearly mandated in article 2 (f) of the Convention on the Elimination of All Forms of Discrimination against Women and has been repeatedly advocated by the Committee on the Elimination of Discrimination against Women (A/HRC/23/50, para. 56). Despite laws prohibiting caste discrimination and positive measures to reverse the impact of discrimination and violence, the Dalit population in India continues to face severe social restrictions in participating on an equal footing with others in political parties and associations.
- 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
- Person(s) affected
- Women
- Year
- 2014
- Year
- Item does not have this property
Paragraph
Comparative study of enabling environments for associations and businesses 2015, para. 52
- Paragraph text
- States may, in specific circumstances, have a legitimate interest in auditing associations' financial records to ensure their compliance with the law, but that interest does not significantly differ when compared to businesses. The primary distinction between the two entities is their profit motive. If an association receives tax benefits in exchange for registration as a non-profit entity, States have a legitimate interest in ensuring that the association is not generating profits or distributing earnings. Beyond this, there is little rationale for imposing significant differences in audit or reporting processes. Any entity may potentially violate tax laws or engage in financial crime. There is no evidence that either sector poses more risk in this regard.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
- Year
- Item does not have this property
Paragraph
Comparative study of enabling environments for associations and businesses 2015, para. 53
- Paragraph text
- Likewise, there is no basis in international human rights law for imposing more burdensome reporting requirements upon associations than upon businesses. Justifications such as protecting State sovereignty or ensuring aid effectiveness are not legitimate bases under the International Covenant on Civil and Political Rights. Even legitimate State interests, such as protecting national security, should not be used to justify excessive intrusion. Restrictions on the right to freedom of association must be based on individualized and identifiable suspicion, not upon pre-emptive suspicion of an entire sector.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2015
- Year
- Item does not have this property
Paragraph
Comparative study of enabling environments for associations and businesses 2015, para. 106
- Paragraph text
- He believes that these differences are motivated more by politics than practicality. Economic and commercial interests are prized over what are perceived as non-economic activities. Consequently, the influence and opinions of industry take precedence in State policy over social justice and fundamental rights. This approach ignores the fact that a vibrant civil society is essential for sustainable economic development, and that businesses benefit from an empowered civil society sector.
- 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
- N.A.
- Year
- 2015
- Year
- Item does not have this property
Paragraph
Challenges faced by groups most at risk when exercising or seeking to exercise the rights to freedom of peaceful assembly and/or of association 2014, para. 74d
- Paragraph text
- [In relation to recommendations pertaining to the exercise of the rights to freedom of peaceful assembly and of association, the Special Rapporteur reiterates all the recommendations contained in his previous thematic reports. They are all the more relevant for individuals belonging to groups most at risk whose rights are more likely to be violated or unduly restricted. In particular, he calls upon States to:] Provide individuals belonging to groups most at risk exercising their rights to freedom of peaceful assembly and of association with the protection offered by the right to freedom of expression;
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Person(s) affected
- N.A.
- Year
- 2014
- Year
- Item does not have this property
Paragraph
The rights to freedom of peaceful assembly and of association in the context of natural resource exploitation projects 2015, para. 10
- Paragraph text
- The Special Rapporteur believes that the rights to freedom of peaceful assembly and of association play a key role in opening up spaces and opportunities for genuine and effective engagement by civil society in decision-making processes across the spectrum of natural resource exploitation activities. These rights help foster increased transparency and accountability in the exploitation of resources and are basic prerequisites for the ultimate goal of securing substantive rights. Peaceful assembly and association rights can facilitate constructive dialogue, which is necessary given the shared interests and sometimes competing priorities that are intrinsic to exploiting natural resources.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Environment
- Person(s) affected
- N.A.
- Year
- 2015
- Year
- Item does not have this property
Paragraph
The rights to freedom of peaceful assembly and of association in the context of natural resource exploitation projects 2015, para. 11
- Paragraph text
- When the rights to freedom of peaceful assembly and of association are restricted contrary to international human rights law standards, questions automatically arise as to how genuine consultation processes or decisions are and how valid is the expression of free, prior and informed consent of affected parties. While restricting these rights in order to streamline resource exploitation may seem tempting to States and corporations in the short term, it can be costly in the long run and cause irrevocable damage. As the Special Rapporteur has previously noted (see A/HRC/26/29, para. 26), the failure to provide any outlet for excluded groups to air their grievances can be counterproductive and carry severe consequences. He believes that social conflicts experienced in the context of natural resource exploitation are a stark demonstration of the truth of this statement.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Environment
- Person(s) affected
- N.A.
- Year
- 2015
- Year
- Item does not have this property
Paragraph
The rights to freedom of peaceful assembly and of association in the context of natural resource exploitation projects 2015, para. 12
- Paragraph text
- The overall political environment in a State can also have a profound impact on the exercise of peaceful assembly and association rights. States that generally do not respect or facilitate those rights are unlikely to be any more accommodating in the context of natural resource exploitation. In fact, the Special Rapporteur believes that the space to exercise peaceful assembly and association rights is often more limited in relation to natural resource exploitation because of the significant impact this sector has on the economies of resource-rich countries, the bottom lines of the enterprises involved and the potential for corruption. Having citizen engagement is, therefore, imperative throughout the decision chain right from the initial stages of the process when exploration potential is determined, through to exploitation activities and investment of revenue. The rights to freedom of peaceful assembly and of association provide the necessary avenues for this engagement.
- 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
- 2015
- Year
- Item does not have this property
Paragraph
The rights to freedom of peaceful assembly and of association in the context of natural resource exploitation projects 2015, para. 13
- 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 natural resource exploitation, the obligations may appear to be somewhat distorted owing to the sometimes complex relationships that exist between Governments and the private sector. Governments may engage in for-profit ventures through State-owned or State-run companies, blurring non-profit and for-profit interests and the role of the State in ensuring a level playing ground for both sectors. Moreover, the close relationship that exists between Governments and the private sector is one that the Special Rapporteur has highlighted previously as creating, in some instances, undue advantages for business at the expense of other sectors of society (see A/69/365, paras. 10-12).
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Environment
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
- Year
- Item does not have this property
Paragraph
The rights to freedom of peaceful assembly and of association in the context of natural resource exploitation projects 2015, para. 65
- Paragraph text
- As previously mentioned, the "race to the bottom" may result in weakened labour standards, in violation of the right to freedom of association for workers in the natural resource exploitation industry. In several countries, Governments have amended labour laws, weakening labour standards and making it harder for workers to unionize, collectively bargain and strike. In Kazakhstan, a recently enacted law on trade unions mandates compulsory affiliation of all trade unions to a federative body, denying trade unions the option to choose whether to be so affiliated or not (see A/HRC/29/25/Add.2).
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2015
- Year
- Item does not have this property
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
- Year
- Item does not have this property
Paragraph
The rights to freedom of peaceful assembly and of association in the context of natural resource exploitation projects 2015, para. 8
- Paragraph text
- Moreover, many resource-rich countries suffer from low levels of development, particularly human development, endemic corruption and economic and political instability - the "resource curse". This, despite a widely shared understanding that natural resources are managed by Governments on behalf of their citizens; an understanding which many countries enshrine in law. The Constitution of Burkina Faso, for example, provides that citizens may petition individually or collectively against acts that harm the environment or the interests of communities. A large proportion of the world's poor lives in resource-rich countries but does not share in the benefits of those resources because of inadequate governance. More than 80 per cent of the 58 resource-rich countries in the Resource Governance Index fail to meet satisfactory governance standards.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2015
- Year
- Item does not have this property
Paragraph
The rights to freedom of peaceful assembly and of association in the context of natural resource exploitation projects 2015, para. 9
- Paragraph text
- Citizen engagement in the natural resources sector is notoriously difficult, with some sectors, such as oil, gas and mining, presenting heightened risks of human rights abuses because they are especially lucrative. The State plays a significant role in regulating access to exploitation opportunities. Secrecy cloaks decision-making processes and outcomes; there is a lack of mechanisms through which interested parties may express their concerns; discussions are often highly technical; and, above all, the financial stakes are often massive. This opaque and lucrative environment presents ideal conditions for corruption to thrive, a challenge with which many resource-rich countries have to contend.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Environment
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
- Year
- Item does not have this property
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
- Year
- Item does not have this property
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
- Year
- Item does not have this property
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
- Year
- Item does not have this property
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
- Year
- Item does not have this property
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
- Year
- Item does not have this property
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
- Year
- Item does not have this property
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
- Year
- Item does not have this property
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
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- 2016
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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
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- Activists
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- 2016
- Year
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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
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- 2016
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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
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- Special Procedures' report
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- N.A.
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- 2016
- Year
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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
- Year
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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
- Year
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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
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- Special Procedures' report
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- 2016
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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.
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- 2016
- Year
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Paragraph
Best practices that promote and protect the rights to freedom of peaceful assembly and of association 2012, para. 81
- Paragraph text
- Where the rights to freedom of peaceful assembly and of association are unduly restricted, the victim(s) should have the rights to obtain redress and to fair and adequate compensation. Once again, due attention must be paid to victims belonging to the groups most at risk in this process.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
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- Civil & Political Rights
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- All
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- 2012
- Year
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Paragraph
Best practices that promote and protect the rights to freedom of peaceful assembly and of association 2012, para. 84h
- Paragraph text
- [The Special Rapporteur calls upon States:] To ensure that administrative and law enforcement officials are adequately trained in relation to the respect of the rights to freedom of peaceful assembly and of association;
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
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- Special Procedures' report
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Best practices that promote and protect the rights to freedom of peaceful assembly and of association 2012, para. 84i
- Paragraph text
- [The Special Rapporteur calls upon States:] To ensure that law enforcement authorities which violate the rights to freedom of peaceful assembly and of association are held personally and fully accountable for such violations by an independent and democratic oversight body, and by the courts of law;
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- Special Rapporteur on the rights to freedom of peaceful assembly and association
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- Special Procedures' report
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Best practices that promote and protect the rights to freedom of peaceful assembly and of association 2012, para. 84j
- Paragraph text
- [The Special Rapporteur calls upon States:] To ensure that victims of violations and abuses of the rights to freedom of peaceful assembly and of association have to the right to an effective remedy and obtain redress;
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
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- Special Procedures' report
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Best practices that promote and protect the rights to freedom of peaceful assembly and of association 2012, para. 84k
- Paragraph text
- [The Special Rapporteur calls upon States:] To recognize that the rights to freedom of peaceful assembly and of association can be exercised through new technologies, including through the Internet.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
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- Person(s) affected
- N.A.
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- 2012
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Paragraph
Ability of associations to access financial resources as a vital part of the right to freedom of association & Ability to hold peaceful assemblies as an integral component of the right to freedom of peaceful assembly 2013, para. 71
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- Fundamentally, law enforcement authorities should always be forthcoming and genuinely cooperate with organizers, bearing in mind their duty to facilitate and protect peaceful assemblies.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
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- Special Procedures' report
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The exercise of the rights to freedom of peaceful assembly and of association in the context of multilateral institutions 2014, para. 9d
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- [The Special Rapporteur notes that the rationales for restricting the rights to freedom of peaceful assembly and of association at the national level are broadly similar and related to those used to marginalize civil society at the multilateral level. Parallels include:] Restricting access to resources, especially funding from foreign sources.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
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- Special Procedures' report
- Topic(s)
- Civil & Political Rights
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- N.A.
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- 2014
- Year
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Challenges faced by groups most at risk when exercising or seeking to exercise the rights to freedom of peaceful assembly and/or of association 2014, para. 50
- Paragraph text
- In an example of good practice, the Supreme Court of Estonia found the provisions of the Non-Profit Associations Act that restricted the right to form and lead associations to persons over the age of 18 years old to be in contravention of article 15 of the Convention on the Rights of the Child.
- 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
- Children
- Year
- 2014
- Year
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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
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- Civil & Political Rights
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- Humanitarian
- Person(s) affected
- All
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- 2017
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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)
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- 2017
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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
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- N.A.
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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
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- Special Procedures' report
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- 2017
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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
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- Special Procedures' report
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- Person(s) affected
- N.A.
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- 2017
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The exercise of the rights to freedom of peaceful assembly and of association in the context of multilateral institutions 2014, para. 90a (ii)
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- [Moreover, the Special Rapporteur calls upon States members of multilateral institutions to:] Based on the provisions of Human Rights Council resolution 24/24 on cooperation with the United Nations, its representatives and mechanism in the field of human rights: Adopt and implement specific legislation and policies, and issue appropriate guidance to national authorities to effectively protect those engaging or seeking to engage with multilateral institutions;
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
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- Special Procedures' report
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- N.A.
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- 2014
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Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the context of multilateral institutions 2014, para. 90a (iii)
- Paragraph text
- [Moreover, the Special Rapporteur calls upon States members of multilateral institutions to:] Based on the provisions of Human Rights Council resolution 24/24 on cooperation with the United Nations, its representatives and mechanism in the field of human rights: Ensure accountability for any acts of reprisal through impartial, prompt and thorough investigations of any acts of reprisal, and access to effective remedies for victims;
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- Special Rapporteur on the rights to freedom of peaceful assembly and association
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- All
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- 2014
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Best practices that promote and protect the rights to freedom of peaceful assembly and of association 2012, para. 74
- Paragraph text
- Furthermore, when State authorities intend to regulate the framework governing associations, beneficiaries of the law should be key partners of the drafting process. In Serbia, the law on association was prepared by a working group composed of representatives of the Ministry of Human and Minority Rights, and of associations. On another note, the 2011 New Zealand Disability Bill was reportedly drafted with the participation of the Disabled Persons' Association.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Persons with disabilities
- Year
- 2012
- Year
- Item does not have this property
Paragraph
Best practices that promote and protect the rights to freedom of peaceful assembly and of association 2012, para. 75
- Paragraph text
- The right to freedom of association applies for the entire life of the association. The suspension and the involuntarily dissolution of an association are the severest types of restrictions on freedom of association. As a result, it should only be possible when there is a clear and imminent danger resulting in a flagrant violation of national law, in compliance with international human rights law. It should be strictly proportional to the legitimate aim pursued and used only when softer measures would be insufficient.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
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- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
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- 2012
- Year
- Item does not have this property
Paragraph
Best practices that promote and protect the rights to freedom of peaceful assembly and of association 2012, para. 77
- Paragraph text
- States have an obligation to establish accessible and effective complaints mechanisms that are able to independently, promptly and thoroughly investigate allegations of human rights violations or abuses in order to hold those responsible accountable. This not only entails guarantees that the violation be stopped, but also that it will not be repeated in the future. Specific attention must be paid to members of the groups at risk identified in paragraph 13.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
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- 2012
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Paragraph
Ability of associations to access financial resources as a vital part of the right to freedom of association & Ability to hold peaceful assemblies as an integral component of the right to freedom of peaceful assembly 2013, para. 60
- Paragraph text
- Should the assembly be restricted in compliance with international human rights norms and standards, the authorities should provide reasonable alternatives to the organizers to hold peaceful assemblies, which fundamentally should always be facilitated within "sight and sound" of the target audience so that the message they (organizers and participants) want to convey reaches this target audience.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
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- Equality & Inclusion
- Person(s) affected
- N.A.
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- 2013
- Year
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Paragraph
Ability of associations to access financial resources as a vital part of the right to freedom of association & Ability to hold peaceful assemblies as an integral component of the right to freedom of peaceful assembly 2013, para. 62
- Paragraph text
- This has also been the case for peaceful protestors advocating economic, social and cultural rights, such as indigenous peoples protesting the exploitation of a coal mine (Bangladesh), local residents denouncing the health impact of nuclear power plants (India), students protesting university reforms (Chile), employees protesting the closure of a mine (Myanmar), activists criticizing the increase in fuel prices (Sri Lanka) or students supporting an ethnic group forcibly displaced by the construction of a dam (Sudan).
- 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
- Activists
- Ethnic minorities
- Persons on the move
- Year
- 2013
- Year
- Item does not have this property
Paragraph
Ability of associations to access financial resources as a vital part of the right to freedom of association & Ability to hold peaceful assemblies as an integral component of the right to freedom of peaceful assembly 2013, para. 82c
- Paragraph text
- [In relation to freedom of association, the Special Rapporteur calls upon States:] To recognize that undue restrictions to funding, including percentage limits, is a violation of the right to freedom of association and of other human rights instruments, including the International Covenant on Economic, Social and Cultural Rights;
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
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- 2013
- Year
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Paragraph
Ability of associations to access financial resources as a vital part of the right to freedom of association & Ability to hold peaceful assemblies as an integral component of the right to freedom of peaceful assembly 2013, para. 82d
- Paragraph text
- [In relation to freedom of association, the Special Rapporteur calls upon States:] To recognize that regulatory measures which compel recipients of foreign funding to adopt negative labels constitute undue impediments on the right to seek, receive and use funding;
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2013
- Year
- Item does not have this property
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the context of multilateral institutions 2014, para. 52
- Paragraph text
- Civil society organizations also report increasing challenges in accessing multilateral institutions and a reluctance by multilaterals to promote peaceful assemblies out of fear of instability. Currently, in a world more than ever marked by security considerations (see A/HRC/20/27, paras. 20-23), the Special Rapporteur cautions against the practice of certain multilateral institutions to politically frame civil society and censure peaceful assemblies, hiding behind security justifications.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2014
- Year
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Paragraph
Ability of associations to access financial resources as a vital part of the right to freedom of association & Ability to hold peaceful assemblies as an integral component of the right to freedom of peaceful assembly 2013, para. 70
- Paragraph text
- Law enforcement authorities should be prepared and properly trained to handle the presence of agents provocateurs and counter-demonstrators aiming to disrupt or disperse the assembly, and to extract them from the assembly or contain them effectively. The authorities should also be prepared to handle simultaneous demonstrations, which should be facilitated and protected when possible.
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- Special Rapporteur on the rights to freedom of peaceful assembly and association
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- Special Procedures' report
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Ability of associations to access financial resources as a vital part of the right to freedom of association & Ability to hold peaceful assemblies as an integral component of the right to freedom of peaceful assembly 2013, para. 83d
- Paragraph text
- [In relation to freedom of peaceful assembly, the Special Rapporteur calls upon States:] To ensure access to public space, including public streets, roads and squares, for the holding of peaceful assemblies, with the consequence of rerouting pedestrian and vehicular traffic when necessary;
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- Special Rapporteur on the rights to freedom of peaceful assembly and association
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- Special Procedures' report
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- All
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- 2013
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Ability of associations to access financial resources as a vital part of the right to freedom of association & Ability to hold peaceful assemblies as an integral component of the right to freedom of peaceful assembly 2013, para. 83e
- Paragraph text
- [In relation to freedom of peaceful assembly, the Special Rapporteur calls upon States:] To ensure and facilitate at all times access to the Internet and other new communications technologies, and to further ensure that any restriction on such access or on the content of websites is reviewed by a competent judicial court;
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
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- Special Procedures' report
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- 2013
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Ability of associations to access financial resources as a vital part of the right to freedom of association & Ability to hold peaceful assemblies as an integral component of the right to freedom of peaceful assembly 2013, para. 76
- Paragraph text
- The Special Rapporteur also warns against possible abusive use of laws governing the prevention and fight against offences linked to information and communications technologies, which "should be applied only as an exception to the general norm of permitting the open and free use of the Internet, like all other forms of communication; only very few qualified and clearly legislated exceptions should be permitted".
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2013
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Paragraph
Challenges faced by groups most at risk when exercising or seeking to exercise the rights to freedom of peaceful assembly and/or of association 2014, para. 52
- Paragraph text
- Legislation requiring associations to adhere to a State ideology, principles or religion can be used to exclude individuals and groups that do not subscribe to that ideology, principles or religion. In Indonesia for example, the Law on Mass Organizations requires that the objectives of associations do not contradict State principles (Pancasila), thus excluding groups, including minorities, that may not agree with those principles.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2014
- Year
- Item does not have this property
Paragraph
Challenges faced by groups most at risk when exercising or seeking to exercise the rights to freedom of peaceful assembly and/or of association 2014, para. 56
- Paragraph text
- Nevertheless, where a registration regime exists, requirements should be framed such that no one is disadvantaged in the formation of her or his association, either by burdensome procedural requirements or unjustifiable limitations to substantive activities of associations. The State has an obligation to take positive measures to overcome specific challenges that confront marginalized groups, such as indigenous peoples, minorities, persons with disabilities, women and youth, in their efforts to form associations.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Ethnic minorities
- Persons with disabilities
- Women
- Youth
- Year
- 2014
- Year
- Item does not have this property
Paragraph
Challenges faced by groups most at risk when exercising or seeking to exercise the rights to freedom of peaceful assembly and/or of association 2014, para. 59
- Paragraph text
- The use of national security or counter-terrorism legislation to restrict or prohibit the formation or registration of associations is often detrimental to the right to freedom of association of minority groups. Under the guise of fighting terrorism or extremism, associations comprised of minorities, including religious, linguistic or ethnic minorities, may be subjected to delays in registration, denial of registration, harassment and interference. Such associations may be seen as promoting or propagating views or beliefs not shared by the majority of the population or that are unfavourable to the authorities. The Special Rapporteur recognizes that States have a legitimate obligation to protect their national security and public safety. However, this legitimate interest should never be used as an excuse to silence critical or diverse voices. States must treat all associations equitably, regardless of their views, and this treatment must be guided by objective criteria that comply with international human rights law, where a registration regime exists. In Chile, members of the Mapuche indigenous community have been targeted under counter-terrorism legislation when advocating for the rights of their community. In Turkey, peaceful Kurdish activists advocating for the rights of their community have been arrested and sentenced to prison for allegedly belonging to an association considered to be a terrorist group.
- 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
- 2014
- Year
- Item does not have this property
Paragraph
Comparative study of enabling environments for associations and businesses 2015, para. 9
- Paragraph text
- But beyond their dissimilar profit motives, the two sectors share a broad range of similarities. Both are vehicles for the association of multiple people, employers and providers of goods and services, and are magnets for investment, and possible platforms for mobilizing people and influencing policies. Both are crucial to economic and political development; and both have potential to enhance the protection and promotion of human rights.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
- Year
- Item does not have this property
Paragraph
Ability of associations to access financial resources as a vital part of the right to freedom of association & Ability to hold peaceful assemblies as an integral component of the right to freedom of peaceful assembly 2013, para. 81c
- Paragraph text
- [As general recommendations, the Special Rapporteur calls upon States:] To ensure that a detailed and timely written explanation for the imposition of any restriction is provided, and that said restriction can be subject to an independent, impartial and prompt judicial review;
- 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
- N.A.
- Year
- 2013
- Year
- Item does not have this property
Paragraph
Ability of associations to access financial resources as a vital part of the right to freedom of association & Ability to hold peaceful assemblies as an integral component of the right to freedom of peaceful assembly 2013, para. 81d
- Paragraph text
- [As general recommendations, the Special Rapporteur calls upon States:] To ensure that sanctions for the non-respect of restrictions complying with international human rights norms and standards are proportionate and not set at a level that would deter individuals from exercising their right to freedom of association and/or of peaceful assembly;
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- N.A.
- Year
- 2013
- Year
- Item does not have this property
Paragraph
The rights to freedom of peaceful assembly and of association in the context of natural resource exploitation projects 2015, para. 73d
- Paragraph text
- [The Special Rapporteur recommends that corporations:] Subscribe to and increase the quality of participation in and implementation of existing multi-stakeholder initiatives, such as the Extractive Industries Transparency Initiative and the Open Government Partnership; participating corporations should strengthen their role in respecting the rights to freedom of peaceful assembly and of association in the framework of these initiatives;
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Environment
- Person(s) affected
- N.A.
- Year
- 2015
- Year
- Item does not have this property
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
- Year
- Item does not have this property
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
- Year
- Item does not have this property
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
- Year
- Item does not have this property
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
- Year
- Item does not have this property
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
- Year
- Item does not have this property
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
- Year
- Item does not have this property
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
- Year
- Item does not have this property
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
- Year
- Item does not have this property
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the context of multilateral institutions 2014, para. 88d
- Paragraph text
- [The Special Rapporteur calls upon the United Nations specifically to:] Select OHCHR, as the United Nations agency with preeminent expertise on human rights issues, to take the leading role in the implementation of human rights issues, including where States put resources in "basket funds" at the national level.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2014
- Year
- Item does not have this property
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the context of multilateral institutions 2014, para. 90a (iv)
- Paragraph text
- [Moreover, the Special Rapporteur calls upon States members of multilateral institutions to:] Based on the provisions of Human Rights Council resolution 24/24 on cooperation with the United Nations, its representatives and mechanism in the field of human rights: Consider establishing national focal points on reprisals;
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2014
- Year
- Item does not have this property
Paragraph
Challenges faced by groups most at risk when exercising or seeking to exercise the rights to freedom of peaceful assembly and/or of association 2014, para. 77
- Paragraph text
- The Special Rapporteur calls upon the General Assembly and the Human Rights Council to address thoroughly human rights violations and abuse suffered by individuals belonging to groups most at risk when exercising or seeking to 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
- All
- Year
- 2014
- Year
- Item does not have this property
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
- Year
- Item does not have this property
Paragraph
Best practices that promote and protect the rights to freedom of peaceful assembly and of association 2012, para. 69
- Paragraph text
- In many countries, domestic funding is very limited or non-existent, leading associations to rely on foreign assistance to conduct their activities. The Special Rapporteur echoes the recommendations put forward by the then Special Representative of the Secretary-General on the situation of human rights defenders who affirmed that "governments must allow access by NGOs to foreign funding as a part of international cooperation, to which civil society is entitled to the same extent as Governments" (A/59/401, para. 82), He believes that the same principle should apply to any associations regardless of the goals, in line with international law, they pursue. He considers as best practice legislation that does not prescribe the approval of the authorities before receiving domestic and foreign funding (e.g. Lebanon, Morocco and the United States). The barriers to foreign funding range from undue delay in approval for funding an association's project (e.g. Bangladesh) to the requirement of obtaining a prior authorization from the authorities. Some legislation even prohibits human rights associations from receiving more than 10 per cent of their overall resources from foreign sources. In Ethiopia where this legislation is in place, out of the 127 associations advocating for human rights active before the 2009 Charities and Societies Proclamation entered into force, very few reportedly still operate.
- 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
- 2012
- Year
- Item does not have this property
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
- Year
- Item does not have this property
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
- Year
- Item does not have this property
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the context of multilateral institutions 2014, para. 87g
- Paragraph text
- [The Special Rapporteur calls, therefore, upon multilateral institutions to:] Undertake studies on comparative good practices in civil society engagement, with recommendations on critical areas for improvement in accordance with international standards, and establish accountability mechanisms, such as the World Bank's Inspection Panel. Such a system should also include a means for individuals and organizations to file a complaint if they believe they have been subject to reprisals because of their cooperation with - or action to oppose - the multilateral organization or one of its programmes;
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2014
- Year
- Item does not have this property
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the context of multilateral institutions 2014, para. 87k
- Paragraph text
- [The Special Rapporteur calls, therefore, upon multilateral institutions to:] Ensure that they have comprehensive and fair access to information policies in place, and that these policies include, inter alia, guarantees of timely and easy access to all information and documents, a limited list of specific exemptions, a public interest test, and an independent appeals board. In this regard, the Special Rapporteur recommends The Global Transparency Initiative's Transparency Charter for International Financial Institutions as a model;
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2014
- Year
- Item does not have this property
Paragraph
Best practices that promote and protect the rights to freedom of peaceful assembly and of association 2012, para. 36
- Paragraph text
- The Special Rapporteur also refers to the Inter-American Commission on Human Rights list of administrative controls that should be put in place at the State level to ensure use of force during public assemblies on an exceptional basis. Among others, "(a) implementation of mechanisms to prohibit, in an effective manner, the use of lethal force as recourse in public demonstrations; (b) implementation of an ammunition registration and control system; (c) implementation of a communications records system to monitor operational orders, those responsible for them, and those carrying them out".
- 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
- 2012
- Year
- Item does not have this property
Paragraph
Best practices that promote and protect the rights to freedom of peaceful assembly and of association 2012, para. 12
- Paragraph text
- The rights to freedom of peaceful assembly and of association serve as a vehicle for the exercise of many other civil, cultural, economic, political and social rights. The 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" (Council resolution 15/21, preamble). Such interdependence and interrelatedness with other rights make them a valuable indicator of a State's respect for the enjoyment of many other human 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
- Men
- Women
- Year
- 2012
- Year
- Item does not have this property
Paragraph
Best practices that promote and protect the rights to freedom of peaceful assembly and of association 2012, para. 14
- Paragraph text
- The right to freedom of peaceful assembly is guaranteed in article 21 of the Covenant on Civil and Political Rights and the right to freedom of association in article 22. They are also reflected in article 8 of the International Covenant on Economic, Social and Cultural Rights and in other specific international and regional human rights treaties or instruments, including the Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms (art. 5).
- 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
- 2012
- Year
- Item does not have this property
Paragraph
Best practices that promote and protect the rights to freedom of peaceful assembly and of association 2012, para. 15
- Paragraph text
- According to article 4 of the International Covenant on Civil and Political Rights, the right of peaceful assembly and the right to freedom of association are not absolute rights. Resolution 15/21 (OP 4) makes clear that they "can be subject to certain restrictions, which are prescribed by law and which are necessary in a democratic society in the interests of national security or public safety, public order (ordre public), the protection of public health or morals or the protection of the rights and freedoms of others".
- 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
- Health
- Person(s) affected
- All
- Year
- 2012
- Year
- Item does not have this property
Paragraph
Best practices that promote and protect the rights to freedom of peaceful assembly and of association 2012, para. 67
- Paragraph text
- The ability for associations to access funding and resources is an integral and vital part of the right to freedom of association. The Special Rapporteur makes reference to ILO principles which underline that "provisions which give the authorities the right to restrict the freedom of a trade union to administer and utilize its funds as it wishes … are incompatible with the principles of freedom of association". Numerous United Nations human rights bodies have also emphasized the principle that associations should access funding freely.
- 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
- 2012
- Year
- Item does not have this property
Paragraph
Best practices that promote and protect the rights to freedom of peaceful assembly and of association 2012, para. 60
- Paragraph text
- Under both notification and prior authorization regimes, registration bodies must be bound to act immediately and laws should set short time limits to respond to submissions and applications respectively. The Special Rapporteur echoes a ruling of the European Court which provided that "significant delays in the registration procedure, if attributable to the Ministry of Justice, amounts to an interference with the exercise of the right of the association's founders to freedom of association". During this period associations should be presumed to be operating legally until it is proven otherwise (e.g. Uruguay). Failure to provide a response within a clear and short time limit should result in a presumption that associations are operating legally (e.g. Austria).
- 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
- 2012
- Year
- Item does not have this property
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the context of elections 2013, para. 12
- Paragraph text
- In its resolution 15/21, the Human Rights Council calls upon States to respect and fully protect the rights of all individuals to assemble peacefully and associate freely, including in the context of elections. In addition to the notion of democracy, the rights to freedom of peaceful assembly and of association are implicit in the right to take part in the Government of one's country, as affirmed in the Universal Declaration of Human Rights, which states in article 21 (3) that "[t]he will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures". Similarly, article 25 of the International Covenant on Civil and Political Rights affirms every citizen's right without prohibited distinctions and unreasonable restrictions: (a) to take part in the conduct of public affairs, directly or through freely chosen representatives; (b) to vote and to be elected at genuine periodic elections which shall be by universal and equal suffrage and shall be held by secret ballot, guaranteeing the free expression of the will of the electors; and (c) to have access, on general terms of equality, to public service in his country. The Human Rights Committee recognizes that the full enjoyment of those rights depends on the free communication of information and ideas about public and political issues between citizens, candidates and elected representatives, which requires the free exercise of the rights to peaceful assembly and association, among other rights (general comment No. 25, para. 25). The General Assembly, in its resolution 59/201 declared that freedom of association and peaceful assembly were essential elements of democracy, together with the right to vote and to be elected at genuine periodic free elections, and encouraged the strengthening of political party systems and civil society organizations.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2013
- Year
- Item does not have this property
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the context of elections 2013, para. 14
- Paragraph text
- The variety of instruments that explicitly or implicitly recognize the ability of political parties and other forms of associations to form and operate within the context of elections or, more generally, democracy, is an indicator of consensus at least at the standard-setting level around the centrality of those rights. The Special Rapporteur's experience on the implementation of those rights is less optimistic. He notes that, in the context of elections, rights are more susceptible to restriction, and therefore urges strict adherence to international human rights standards. Although freedom must be the rule and restrictions the exception (A/HRC/20/27, para. 16, A/HRC/23/39 para. 18), the Special Rapporteur deplores the fact that, in too many instances, restrictions aim to stifle critics and do not comply with international law, that is: to be prescribed by law, and to be necessary in a democratic society in the interests described in articles 21 and 22 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)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2013
- Year
- Item does not have this property
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the context of elections 2013, para. 16
- Paragraph text
- The right to freedom of peaceful assembly, that is, to both organize and participate in indoor and outdoor peaceful assemblies, has long proven to be a key one in the context of elections. This right enables candidates to such elections to mobilize their supporters and give resonance and visibility to their political messages. Elections are also a unique opportunity for women, men and youth from all parts of society, to express their views and aspirations, either for status quo or for change, that is to say, to voice support for the Government and ruling party, or dissent. Dissent is a legitimate part of the exercise of the right to freedom of peaceful assembly, especially in the context of elections, as it is a unique opportunity for pluralist expression through peaceful means.
- 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
- Men
- Women
- Youth
- Year
- 2013
- Year
- Item does not have this property
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the context of elections 2013, para. 18
- Paragraph text
- However, in many countries, elections have been marred by human rights violations and abuses. For instance, in September 2009, in Guinea, some 50,000 peaceful demonstrators gathered in a stadium to protest against the possible candidacy of Capitain Moussa Dadis Camara for the presidential elections of January 2010. Security forces opened fire and used bayonets and knives to disperse the crowd. More than 150 persons were killed, and over a thousand injured. Many individuals were arrested on the scene, at their home or in hospitals. In the Islamic Republic of Iran, in June 2009, following the declaration of victory for President Ahmadinejad, security forces killed several protestors when they peacefully took to the streets to contest the election results. Security forces opened fire during the demonstrations and used batons and pepper spray to disperse the crowds. Several hundred people were arrested during the protests following the presidential elections of 2009. In the Russian Federation, peaceful protests against alleged fraudulent elections in the context of parliamentary elections held in December 2011 were met with excessive use of force, with over a thousand persons detained in various cities. Various acts of harassment, intimidation, arbitrary detention of several activists and members of the opposition also occurred in the context of the presidential protests on 6 May 2012. In the Bolivarian Republic of Venezuela, in the wake of the presidential elections of April 2013, peaceful demonstrations held in front of the offices of the national electoral commission in several states were met with brute force by security forces, along with arbitrary arrests. In Malaysia, security forces used indiscriminate force to repress a peaceful protest organized by the Coalition for Fair and Free Elections (Bersih), which advocates for the reform of the electoral process in that country.
- 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
- 2013
- Year
- Item does not have this property
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the context of elections 2013, para. 19
- Paragraph text
- Apart from using excessive force against peaceful protesters, in some instances, States have criminalized the participation in and organization of peaceful assemblies during election time, with a view to sanctioning or deterring those willing or intending to do so. In Ethiopia, several peaceful demonstrators and human rights defenders were charged with "crimes of outrage against the constitutional order", and sentenced to life imprisonment for having participated in a demonstration against alleged fraud in the general elections of May 2005, in which over 190 protestors were reportedly killed by law enforcement authorities. After signing a statement admitting that their activities had been unconstitutional, they received a pardon and were freed. In the run-up to the legislative elections in Bahrain in September 2011, numerous human rights defenders and their relatives were arrested, dismissed from their jobs and subjected to intimidation and harassment for various politically motivated offences, including "participating in illegal gatherings". Following the presidential elections in December 2010 in Belarus, hundreds of persons protesting on election night were detained, including civil society activists, journalists, and opposition leaders, including presidential candidates. A peaceful protestor was subsequently sentenced to three years and six months in a labour colony on charges of mass disorder, for his participation in peaceful protests. He was initially detained for an administrative offence, but was later charged with a criminal offence, despite the fact that the police officer who had filed his arrest warrant stated in court that he had not actually seen him during the protest. Similarly, in the Russian Federation, charges of "mass disorder" have been pressed against peaceful protestors during election time. Many demonstrators were arrested and accused, inter alia, of "public intimidation" and "public incitation". Peaceful demonstrators in Azerbaijan have increasingly been targeted in the context of the forthcoming elections of October 2013, with several of them being arrested and/or fined. In Nepal in January 2006, four human rights defenders were arrested because of their involvement in the organization of large-scale peaceful demonstrations calling for a boycott of municipal elections scheduled for the following month.
- 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
- Families
- Year
- 2013
- Year
- Item does not have this property
Paragraph
Best practices that promote and protect the rights to freedom of peaceful assembly and of association 2012, para. 54
- Paragraph text
- International human rights law stipulates that everyone has the rights to freedom of association. As a result, legislation that does not set any specific limitation on individuals, including children (e.g. national human rights institution of Cote d'Ivoire) and foreign nationals (e.g. Burkina Faso and the United States of America) complies with international standards. However, under international human rights law, members of the armed forces and of the police may have their right lawfully restricted. Any restrictions must, nevertheless, comply with States' international human rights obligations as blanket restrictions shall not be considered lawful. The Special Rapporteur further considers as a best practice the Armenian and Estonian legislation that require no more than two persons to establish an association. A higher number may be required to establish a union or a political party, but this number should not be set at a level that would discourage people from engaging in 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
- Children
- Year
- 2012
- Year
- Item does not have this property
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the context of elections 2013, para. 48
- Paragraph text
- Governments in many countries are increasingly imposing restrictions on civil society's ability to engage in the establishment of transparent, accountable and fair democratic machinery and also from undertaking activities such as election monitoring and voter mobilization. Barriers include the prohibition for certain groups to register as associations; the prohibition from carrying out some activities where a restrictive list of authorized activities is not provided by the legal framework; the obligation to adopt negative labels; the denial of accreditations to associations to observe and monitor elections; or even the imposition of sanctions or threats of sanctions for engaging in activities related to the electoral process. In the Russian Federation, the implementation of the 2012 Introducing Amendments to Certain Legislative Acts of the Russian Federation Regarding the Regulation of Activities of Non-commercial Organizations Performing the Function of Foreign Agents, the compliance of which with international standards is analysed in depth in the Special Rapporteur's second thematic report to the Human Rights Council (A/HRC/23/39), has led to audits and inspection campaigns against numerous civic organizations that have conducted "political activities" and have failed to register as a "foreign agent". One of them, Golos Association for the defence of the rights of voters, whose Internet website was hacked in the run-up to the parliamentary elections, was, in April 2013, the first organization to be penalized under the new law.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2013
- Year
- Item does not have this property
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the context of elections 2013, para. 50
- Paragraph text
- In some cases, State interference does not occur when an association is formed, but while an association is carrying out its activities. Often, restrictions occur when authorities are faced with minority or dissenting views, or even when authorities fear being held accountable for their failure to respect human rights. In Zimbabwe, the offices of the Election Support Network, a coalition of 31 non-governmental organizations formed in 2000 to promote free and fair elections, were arbitrarily searched, on the grounds that the organization allegedly had "subversive material, documents, gadgets or recordings and had contravened the Immigration Act". These searches have been perceived by civil society actors as an attempt to intimidate and silence their voices in the context of the 2013 referendum and elections.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Year
- 2013
- Year
- Item does not have this property
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the context of elections 2013, para. 53
- Paragraph text
- Activities that involve monitoring and observation of the conduct of election processes by international groups may also be subject to undue restrictions. In this context, it is worth recalling that the protection of State sovereignty against external interferences is not listed as a legitimate interest in article 22 of the International Covenant on Civil and Political Rights. The Special Rapporteur underscores the fact that States cannot refer to additional grounds, even those provided by domestic legislation, to restrict the right to freedom of association. Hence, restrictive measures imposed under this guise unduly limit associations in their free operations. Governments that exclude independent international observers from electoral processes by enacting legislation to this effect, by making the process of registering as an election monitor burdensome, or by inviting only friendly observation groups that will not be critical in their monitoring, thus diluting or countering any criticism by independent impartial groups, do not guarantee the right to freedom of association. The Special Rapporteur recognizes that elections constitute a significant event in the life of a nation and should be protected from foreign interference. Nevertheless, he also recognizes the need to establish clear, specific and objective criteria that would enable independent and impartial election observation by all monitors, including from abroad. In this regard, blanket restrictions on international election observers groups are inherently disproportionate and thus incompatible with international law standards.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2013
- Year
- Item does not have this property
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the context of elections 2013, para. 55
- Paragraph text
- Cases of arbitrary termination, suspension or closure of associations as a result of activities carried out in the context of elections are another source of concerns. In early April 2012, the Government of Swaziland deregistered the Trade Union Congress of Swaziland and declared it illegal, after some leaders of the organization called for the boycott of the 2013 elections. Such a drastic decision does not comply with international norms and standards pertaining to freedom of association, which make clear that termination, suspension or closure of associations are only possible by a court judgement based on clear and imminent danger when an association resorts to violence, or aims at the attainment of its objective by violence or by instigating discrimination, hostility or violence, or is aimed at the destruction of the rights and freedoms enshrined in international human rights law.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2013
- Year
- Item does not have this property
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the context of elections 2013, para. 57
- Paragraph text
- The Special Rapporteur is deeply concerned about the increase in human rights violations and abuses in several parts of the world, committed against those who exercise or seek to exercise the rights to freedom of peaceful assembly and of association in the context of elections, which indelibly stain such elections. In the light of this, he wishes to make the following recommendations, which should be read in conjunction with those already formulated in his two thematic reports presented at the Human Rights Council in 2012 (A/HRC/20/27, para. 84-100) and 2013 (A/HRC/23/39, para. 81-83), some of which are reiterated here.
- 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
- 2013
- Year
- Item does not have this property
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the context of elections 2013, para. 58b
- Paragraph text
- [The Special Rapporteur calls upon States in times of elections:] To ensure that the rights to freedom of peaceful assembly and of association are enjoyed by everyone, any registered or unregistered entities, including women, those victims of discrimination because of their sexual orientation and gender identity, youth, persons belonging to minorities, indigenous peoples, non-nationals, including stateless persons, refugees or migrants, and members of religious groups, as well as activists advocating economic, social, and cultural rights;
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- Ethnic minorities
- Persons on the move
- Women
- Youth
- Year
- 2013
- Year
- Item does not have this property
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the context of elections 2013, para. 44
- Paragraph text
- Civil society organizations are inherently different from political parties, the ultimate objective of which is to promote candidates who will run for elections with the aim to govern. Thus, different regulations and restrictions are applicable to the former. In line with this, associations should not be compelled to register as political parties and conversely, they should not be denied registration as associations because they carry out what the authorities consider to be "political" activities. It is a source of serious concern that the term "political" has been interpreted in many countries in such a broad manner as to cover all sorts of advocacy activities; civic education; research; and more generally, activities aimed at influencing public policy or public opinion. It is clear that this interpretation is solely motivated by the need to deter any forms of criticism. In this regard, concern was expressed about the situation in the Russian Federation, where a human rights organization was the subject of an inspection from the Prosecutor's General Office, which claimed that the organization had engaged in "political activity" by "purposefully influencing the image of the electoral commissions and other State organs, through participation in the electoral process", after some members of the organization alleged irregularities during the December 2011 elections. The Special Rapporteur recalls that the right to freedom of association is itself a civil and political right facilitating the participation of all in decision-making of public affairs. Freedom of association provides individuals with unique opportunities to express their political opinions and to engage in cultural, economic and social activities. In fact, associations accused of engaging in "political" activities are often those that seek to keep Governments accountable, through good governance and rule of law initiatives, such as anti-corruption measures, human rights campaigns, institutional reforms and similar measures designed to strengthen democracy. The Special Rapporteur is of the view that labelling associations as "political", and on that basis associating them with opposition parties or preventing them from operating, is largely intended to silence voices that are critical of Government policies and practices.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2013
- Year
- Item does not have this property
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the context of multilateral institutions 2014, para. 19
- Paragraph text
- Today, however, multilateral institutions find themselves caught between civil society's demands for real civic participation and inclusiveness and pushback from Governments which are uncomfortable with, or are threatened by, citizen involvement. The Special Rapporteur observes with concern how at the multilateral level the space and autonomy given to associations and people to exercise their fundamental rights is in far too many instances determined by world politics and limited and/or suspicious national conceptions of the role of civil movements in global societies.
- 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
- 2014
- Year
- Item does not have this property
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the context of multilateral institutions 2014, para. 7
- Paragraph text
- In recent times, non-State actors have challenged the State-centric approach to global governance and are demanding a place at the negotiating table. Civil society in particular insists that discussions and decisions of multilateral institutions should focus on people's concerns and human rights rather than being confined to geopolitical and economic interests that primarily occupy States and corporations. The Special Rapporteur believes that the concept of multilateralism should be expanded beyond action by States alone to include the effective participation of a variety of voices within those States. With this in mind, the report highlights the challenges experienced by civil society actors in having an effective voice at the multilateral level.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2014
- Year
- Item does not have this property
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the context of multilateral institutions 2014, para. 8
- Paragraph text
- The Special Rapporteur underlines the fact that "non-governmental organizations" (NGOs) are not synonymous with "civil society". NGOs are merely one component of civil society, and in some circumstances they may not be the most important sector for multilateral entities to consult. The concept of multi-stakeholder engagement should be extended to include more grass-roots groups and even spontaneous social movements, which may manifest themselves through peaceful assembly. Groups should not have to be organized or registered to be considered a serious stakeholder in multilateral affairs.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2014
- Year
- Item does not have this property
Paragraph
Ability of associations to access financial resources as a vital part of the right to freedom of association & Ability to hold peaceful assemblies as an integral component of the right to freedom of peaceful assembly 2013, para. 27
- Paragraph text
- In recent years, the protection of State sovereignty or of the State's traditional values against external interference has also been increasingly invoked to restrict foreign funding or to launch slander offensives against those receiving foreign funding. Foreign funding to civil society has been deliberately depicted as a new form of imperialism or neo-colonialism and recipients have been subject to defamation, stigmatization and acts of harassment. This tendency has a serious impact on the work of civil society actors, not to mention their ability to access funding as it deters them from seeking foreign funding. This situation is particularly alarming for associations promoting human rights and democratic reforms who have been accused of "treason" or of "promoting regime change".
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2013
- Year
- Item does not have this property
Paragraph
Ability of associations to access financial resources as a vital part of the right to freedom of association & Ability to hold peaceful assemblies as an integral component of the right to freedom of peaceful assembly 2013, para. 28
- Paragraph text
- For instance, in the Russian Federation, a new law adopted in July 2012 requires foreign-funded non-commercial organizations engaging in "political activities" - which is broadly defined as attempts to influence official decision-making or to shape public opinion for this objective - to register as organizations "performing the functions of foreign agents", which in Russian is synonymous with "foreign spy". The adoption of this law has been followed up by a series of audits of organizations, including prominent human rights organizations. In Egypt, the State-owned press has campaigned against civil society organizations, branding them as foreign agents due to foreign funding that some of them allegedly received. In Ethiopia, legislation not only prohibits associations working in rights-based areas from receiving more than 10 per cent of their funding from foreign sources, but also requires associations to allocate at least 70 per cent of their budget to programme activities and no more than 30 per cent to administrative costs, which are broadly defined. The enforcement of these provisions has a devastating impact on individuals' ability to form and operate associations effectively, and has been the subject of serious alarm expressed by several United Nations treaty bodies. In the same vein, a law on associations, adopted in January 2012 in Algeria, prohibits associations from receiving funding from legations and foreign non-governmental organizations, unless a "cooperative relation duly established with the foreign entity" - subject to prior authorization from the relevant authorities - is in place. Serious concerns about this legislation were notably expressed by the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression further to his mission to Algeria.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2013
- Year
- Item does not have this property
Paragraph