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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. 8
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- 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
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. 15
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- Article 22 of the International Covenant on Civil and Political Rights (hereafter the Covenant) affirms that "everyone shall have the right to freedom of association with others, including the right to form and join trade unions for the protection of his interests." Article 6 (f) of the Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief (General Assembly resolution 36/55) explicitly refers to the freedom to access funding, stating that the right to freedom of thought, conscience, religion or belief shall include, inter alia, the freedom "to solicit and receive voluntary financial and other contributions from individuals and institutions." On 21 March 2013, the Human Rights Council adopted resolution 22/6, in which it called upon States to ensure that reporting requirements "do not inhibit functional autonomy [of associations]" and "do not discriminatorily impose restrictions on potential sources of funding."
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2013
Paragraph
Ability of associations to access financial resources as a vital part of the right to freedom of association & Ability to hold peaceful assemblies as an integral component of the right to freedom of peaceful assembly 2013, para. 16
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- In communication No. 1274/2004, the Human Rights Committee observed that "the right to freedom of association relates not only to the right to form an association, but also guarantees the right of such an association freely to carry out its statutory activities. The protection afforded by article 22 extends to all activities of an association […]." Accordingly, fundraising activities are protected under article 22 of the Covenant, and funding restrictions that impede the ability of associations to pursue their statutory activities constitute an interference with article 22. Other United Nations treaty bodies have emphasized the obligation of States to allow civil society to seek, secure, and utilize resources, including from foreign sources. The Committee on Economic, Social, and Cultural Rights highlighted this issue when it expressed "deep concern" with Egypt's Law No. 153 of 1999, which "gives the Government control over the right of NGOs to manage their own activities, including seeking external funding."
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2013
Paragraph
Ability of associations to access financial resources as a vital part of the right to freedom of association & Ability to hold peaceful assemblies as an integral component of the right to freedom of peaceful assembly 2013, para. 19
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- The Special Rapporteur notes with concern laws and practices that constrain civil society organizations from seeking, receiving or utilizing foreign funding. As will be detailed in the following section of the report, most of the justifications put forward by States to restrict foreign funding do not comply with article 22, paragraph 2, of the Covenant, which states that "no restrictions may be placed on the exercise of [the right to freedom of association] other than those which are prescribed by law and which are necessary in a democratic society in the interests of national security or public safety, public order (ordre public), the protection of public health or morals or the protection of the rights and freedoms of others." As will be repeatedly emphasized in this section, the conditions for any restriction are cumulative, that is, motivated by one of the above limited interests, have a legal basis and "necessary in a democratic society".
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- All
- Year
- 2013
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. 22
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- One of the most common reasons used by governments to limit access to funding relate to security measures, including protection against terrorism and prevention of money-laundering. The crime of terrorism, which aims at the "destruction of human rights, fundamental freedoms and democracy, threaten[s] territorial integrity and security of States and destabiliz[es] legitimately constituted Governments", has devastating consequences and has caused tragic human suffering. The Special Rapporteur is aware that States have an interest in protecting "national security or public safety", which are legitimate grounds for restricting freedom of association, but he underscores that there is also need for States to comply with international human rights law while countering terrorism.
- 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
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. 23
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- Under the Covenant, any limitation must not only pursue a legitimate interest but also be "necessary in a democratic society." It is only when groups engage in the aforementioned confined activities that they can be labelled as a terrorist group. It is therefore a violation of international law for counter-terrorism or "anti-extremism" measures to be used as a pretext to constrain dissenting views or independent civil society. As highlighted by the Special Rapporteur on the promotion and protection of human rights while countering terrorism, "[s]tates shall not invoke national security as a justification for measures aimed at suppressing opposition or to justify repressive practices against its population. The onus is on the Government to prove that a threat to one of the grounds for limitation exists and that the measures are taken to deal with the threat." In order to meet the proportionality and necessity test, restrictive measures must be the least intrusive means to achieve the desired objective and be limited to the associations falling within the clearly identified aspects characterizing terrorism only. They must not target all civil society associations, as is regrettably the case in a new law against organized crime in Venezuela. Laws drafted in general terms limiting, or even banning funding under the justification of counter-terrorism do not comply with the requisites of "proportionality" and "necessity".
- 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
Paragraph
Ability of associations to access financial resources as a vital part of the right to freedom of association & Ability to hold peaceful assemblies as an integral component of the right to freedom of peaceful assembly 2013, para. 30
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- In order to analyse whether the limitation motivated by the protection of State sovereignty complies with international human rights law, it must first be explored whether it falls within one of the limited legitimate grounds for restrictions. The protection of State sovereignty is not listed as a legitimate interest in the Covenant. The Special Rapporteur emphasizes that States cannot refer to additional grounds, even those provided by domestic legislation, and cannot loosely interpret international obligations to restrict the right to freedom of association. In his view, such justification cannot reasonably be included under "the interests of national security or public safety" or even "public order". Affirming that national security is threatened when an association receives funding from foreign source is not only spurious and distorted, but also in contradiction with international human rights law.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2013
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. 31
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- Human Rights Council resolution 22/6 calls upon States to ensure that "that no law should criminalize or delegitimize activities in defence of human rights on account of the origin of funding thereto." Article 2 of the International Covenant on Economic, Social and Cultural Rights requires States to "take steps, individually or through international assistance and co-operation […] to the maximum of their available resources, with a view to achieving progressively the full realization of the rights recognized in the present Covenant". Coupled with article 11 of the same Covenant, which provides for States to "take appropriate steps to ensure the realization of this right, recognizing to this effect the essential importance of international co-operation based on free consent" (emphasis added), this means that States have the obligation to mobilize resources that are available within the society as a whole, but also to gather those that are available from the international community. Hence, restrictions on foreign funding under the guise of preservation of State sovereignty arguably constitute a violation of States' obligation to respect, protect and fulfil these rights, as it amounts to failure on the part of the State to maximize resources through international assistance and cooperation. This is also the sense of the Maastricht Guidelines on Violations of Economic, Social and Cultural Rights, which stipulate that violations of these rights notably include: "the adoption of legislation or policies which are manifestly incompatible with pre-existing legal obligations relating to these rights […]; the adoption of any deliberately retrogressive measure that reduces the extent to which any such right is guaranteed."
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2013
Paragraph
Ability of associations to access financial resources as a vital part of the right to freedom of association & Ability to hold peaceful assemblies as an integral component of the right to freedom of peaceful assembly 2013, para. 32
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- Protection of State sovereignty is not just an illegitimate excuse, but a fallacious pretext which does not meet the requirement of a "democratic society". The expression "democratic society" places the burden on States imposing restrictions to demonstrate that the limitations do not harm the principles of "pluralism, tolerance and broadmindedness". Associations, whether domestic- or foreign-funded, should therefore be free to promote their views - even minority and dissenting views, challenge governments about their human rights record or campaign for democratic reforms, without being accused of treason and other defamatory terms. Dissenting views should be seen by the authorities as an opportunity for dialogue and mutual understanding. The European Court of Human Rights in affirming this principle ruled that "an organisation may campaign for a change in the legal and constitutional structures of the State if the means used to that end are in every respect legal and democratic and if the change proposed is itself compatible with fundamental democratic principles."
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2013
Paragraph
Ability of associations to access financial resources as a vital part of the right to freedom of association & Ability to hold peaceful assemblies as an integral component of the right to freedom of peaceful assembly 2013, para. 35
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- Restrictions to funding are also regularly justified by the need to ensure greater transparency and accountability within the civil society sector. Combatting fraud, embezzlement, corruption, money-laundering and other modes of trafficking is legitimate, and may qualify as being in the "interests of national security, public safety, or public order". Nevertheless, it is not sufficient to simply pursue a legitimate interest, limitations need also to be prescribed by law and "be necessary" in a democratic society. In this regard, limitations must be proportionate to the interest to be protected and must be the least intrusive means to achieve the desired objective. In this respect, several legislations or practices unduly restrict the ability of associations to access funding since other less intrusive measures exist to mitigate the risk.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2013
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. 47
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- The Special Rapporteur recalls that the exercise of the right to freedom of peaceful assembly can be subject to certain restrictions only, "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." In this connection, he stresses once again that freedom is to be considered the rule and its restriction the exception.
- 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
- 2013
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. 48
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- He further reminds that whenever authorities decide to restrict an assembly, they should provide assembly organizers, in writing, with "timely and fulsome reasons" which should satisfy the strict test of necessity and proportionality of the restrictions(s) imposed on the assembly pursuant to legitimate aims.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2013
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. 58
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- Once the organizers have notified the designated primary authority of their intention to hold an assembly, a receipt acknowledging that timely notification has been submitted should be provided in an expeditious manner. Should the organizers not hear from the authority prior to the designated time for holding the assembly, it should be assumed that said assembly does not present any problem. The Special Rapporteur warns against any possible abuse of the receipt system.
- 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
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
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- 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
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. 65
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- A key measure with regard to facilitating the holding of peaceful assemblies is to make public space available for organizers and participants. The Special Rapporteur deems it useful to refer again to an important 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". The Inter-American Commission on Human Rights (IACHR) also stressed that although the exercise of the right of assembly can sometimes be disruptive to the normal routine of daily life, or may even cause problems or affect the exercise of other rights that the State has an obligation to protect and ensure, such as freedom of movement, "such disruptions are part of the mechanics of a pluralistic society in which diverse and sometimes conflicting interests coexist and find the forums and channels in which to express themselves". Furthermore, the Human Rights Council in its resolution 22/10 urged States to facilitate peaceful protests by providing protestors with access to public space and protecting them, where necessary, against any forms of threats, and underlined the role of local authorities in this regard. The issue of access to public space is all the more important in light of the increased privatization of public space in many States, where peaceful assemblies have been curtailed through the use by private bodies, both companies and individuals, of civil injunctions, which can be difficult to challenge, coupled with the issue of aggravated trespass, as in the United Kingdom of Great Britain and Northern Ireland, for example.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2013
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. 66
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- 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.
- 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
Paragraph
Ability of associations to access financial resources as a vital part of the right to freedom of association & Ability to hold peaceful assemblies as an integral component of the right to freedom of peaceful assembly 2013, para. 73
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- The Special Rapporteur is of the opinion that organizers and participants of peaceful assemblies should be allowed access to the Internet and other new technologies at all times, as made clear by the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, who also stated that "any determination on what [website] content should be blocked must be undertaken by a competent judicial authority or a body which is independent of any political, commercial, or other unwarranted influences". In this connection, the OSCE/ODIHR Panel of Experts recommended that "States should ensure that efforts to disseminate information to publicize forthcoming assemblies are not impeded in any way". Finally, the Human Rights Council, in its resolution 20/8, recognized the global and open nature of the Internet as a driving force in accelerating progress towards development in its various forms (para. 2) and "called upon all States to promote and facilitate access to the Internet and international cooperation aimed at the development of media and information and communications facilities in all countries" (para. 3).
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2013
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. 76
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- 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
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
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- [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
Paragraph
Best practices that promote and protect the rights to freedom of peaceful assembly and of association 2012, para. 14
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- 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
Paragraph
Best practices that promote and protect the rights to freedom of peaceful assembly and of association 2012, para. 15
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- 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
Paragraph
Best practices that promote and protect the rights to freedom of peaceful assembly and of association 2012, para. 17
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- As outlined by the Organization for Security and Co-operation in Europe (OSCE), "the word 'necessity' does not mean 'absolutely necessary' or 'indispensable', but neither does it have the flexibility of terms such as 'useful' or 'convenient': instead, the term means that there must be a 'pressing social need' for the interference". When such a pressing social need arises, States have then to ensure that any restrictive measures fall within the limit of what is acceptable in a "democratic society". In that regard, longstanding jurisprudence asserts that democratic societies exist only where "pluralism, tolerance and broadmindedness" are in place. Hence, States cannot undermine the very existence of these attributes when restricting these rights. Furthermore, the Special Rapporteur refers to general comment No. 31 (2004) of the Human Rights Committee on the nature of the general legal obligation imposed on States parties to the Covenant, which provides that "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 Covenant rights" (para. 6).
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2012
Paragraph
Best practices that promote and protect the rights to freedom of peaceful assembly and of association 2012, para. 19
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- The Special Rapporteur further particularly emphasizes that the right to life and the right to be free from torture or cruel, inhuman or degrading treatment or punishment should be guaranteed by States to all individuals under all circumstances and at all times, including in the context of the exercise of the rights to freedom of association and of peaceful assembly, as prescribed by article 4 of the Covenant. The Special Rapporteur recalls that, according to the Human Rights Committee, during a state of emergency, the rights to freedom of peaceful assembly and of association shall not be derogated since "the possibility of restricting certain Covenant rights under the terms of, for instance … freedom of assembly is generally sufficient during such situations and no derogation from the provisions in question would be justified by the exigencies of 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
- All
- Year
- 2012
Paragraph
Best practices that promote and protect the rights to freedom of peaceful assembly and of association 2012, para. 32
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- The Special Rapporteur notes the increased use of the Internet, in particular social media, and other information and communication technology, as basic tools which enable individuals to organize peaceful assemblies. However, some States have clamped down on these tools to deter or prevent citizens from exercising their right. In this connection, the Special Rapporteur refers to a recent report of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, in which he recommended, inter alia, that "all States [should] ensure that Internet access is maintained at all times, including during times of political unrest" (A/HRC/17/27, para. 79) and "any determination on what [website] content should be blocked must be undertaken by a competent judicial authority or a body which is independent of any political, commercial, or other unwarranted influences" (para. 70).
- 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
- 2012
Paragraph
Best practices that promote and protect the rights to freedom of peaceful assembly and of association 2012, para. 35
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- The right to life (art. 3 of the Universal Declaration on Human Rights and art. 6 of the Covenant on Civil and Political Rights) and the right to be free from torture or cruel, inhuman or degrading treatment or punishment (art. 5 of the Declaration and art. 7 of the Covenant) should be the overarching principles governing the policing of public assemblies, as stated by several countries. In this regard, soft law provisions - the Code of Conduct for Law Enforcement Officials (in particular articles 2 and 3) and the Basic Principles on the Use of Force and Firearms by Law Enforcement Officials (in particular principles 4, 9 and 13) - aim at guiding law enforcement officials when policing peaceful protests. In this connection, the Inter-American Court on Human Rights stated that the "pretext of maintenance of public security cannot be invoked to violate the right to life … the State must ensure that, if it is necessary to resort to physical means ... members of its armed forces and its security bodies will use only those means that are indispensable to control such situations in a rational and proportional manner, and respecting the rights to life and to humane treatment". The Special Rapporteur on extrajudicial, summary or arbitrary executions also stated that "the only circumstances warranting the use of firearms, including during demonstrations, is the imminent threat of death or serious injury" (A/HRC/17/28, para. 60). With regard to the use of tear gas, the Special Rapporteur recalls that gas does not discriminate between demonstrators and non-demonstrators, healthy people and people with health conditions. He also warns against any modification of the chemical composition of the gas for the sole purpose of inflicting severe pain on protestors and, indirectly, bystanders.
- 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
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
Paragraph
Best practices that promote and protect the rights to freedom of peaceful assembly and of association 2012, para. 53
- Paragraph text
- The Special Rapporteur emphasizes that the right to form and join an association is an inherent part of the right to freedom of association. It also includes the right to form and join trade unions for the protection of one's interests, as enshrined in the International Covenant on Civil and Political Rights and 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)
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2012
Paragraph
Best practices that promote and protect the rights to freedom of peaceful assembly and of association 2012, para. 73
- Paragraph text
- Article 71 of the Charter of the United Nations provides that "the Economic and Social Council may make suitable arrangements for consultation with non-governmental organizations which are concerned with matters within its competence". General comment No. 25 (1996) on the right to participate in public affairs, voting rights and the right of equal access to public service further provides that "the right to freedom of association, including the right to form and join organizations and associations concerned with political and public affairs, is an essential adjunct to the rights protected by article 25" (para. 26). In Lithuania, article 4 of the Law on Procedure for Drafting Laws provides that all legal and natural persons shall have the right to submit proposals on drafting of a legal act. Both individuals involved in association and the association itself must be protected by international human rights law and shall be able to participate in the State's decision making process. This is particularly crucial for unions as the right to bargain collectively is a fundamental right, which is enshrined in ILO Convention No. 98 (1949) on Right to Organise and Collective Bargaining. In this regard, the Special Rapporteur recognizes that best practices are those that allow for genuine social dialogue with meaningful negotiation.
- 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
- 2012
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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
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2012
Paragraph
Best practices that promote and protect the rights to freedom of peaceful assembly and of association 2012, para. 76
- Paragraph text
- According to ILO jurisprudence, decisions to dissolve labour organizations "should only occur in extremely serious cases; such dissolutions should only happen following a judicial decision so that the rights of defence are fully guaranteed". The Special Rapporteur values as best practice legislation that stipulates that such drastic measures be taken by independent and impartial courts. In the United Republic of Tanzania, the case of an association working on gender equality that had been deregistered by the authorities was successfully overturned by the Constitutional Court.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Gender
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2012
Paragraph