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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.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Year
- 2012
Paragraph
Challenges faced by groups most at risk when exercising or seeking to exercise the rights to freedom of peaceful assembly and/or of association 2014, para. 20
- Paragraph text
- [International human rights instruments that protect the rights of particular groups specifically recognize directly or indirectly the rights to freedom of peaceful assembly and of association for those groups:] In relation to non-nationals, the Committee on the Elimination of Racial Discrimination recognizes that States may require non-citizens to have work permits in order to be eligible for job offers. However, all individuals are entitled to the enjoyment of labour and employment rights, including the freedom of assembly and association, once an employment relationship has been initiated until it is terminated.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Economic Rights
- Equality & Inclusion
- Year
- 2014
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.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Year
- 2016
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.
- Legal status
- Non-negotiated soft law
- 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
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.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Year
- 2014
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.
- Legal status
- Non-negotiated soft 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
- Year
- 2014
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the context of elections 2013, para. 36
- Paragraph text
- More broadly, party resources should be differentiated from public resources. Public resources should not be used to tilt the electoral playing field in a party's favour and in particular the incumbent party or its candidates. This principle extends to the use of State institutions, such as police forces, the judiciary, the prosecutorial authority, law enforcement agencies and others, which should be impartial when controlling or limiting the activities of political parties, such as by initiating politically motivated court cases against rival candidates, in effect, preventing them from engaging in campaign activities.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Year
- 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. 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.
- Legal status
- Non-negotiated soft law
- 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
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.
- Legal status
- Non-negotiated soft 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
- Year
- 2016
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.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Year
- 2013
Paragraph
The rights to freedom of peaceful assembly and of association in the context of natural resource exploitation projects 2015, para. 41
- Paragraph text
- The Special Rapporteur reiterates that the guarantees provided by international human rights standards relate only to assemblies that are peaceful (see A/HRC/20/27, para. 25). When violent incidents occur within otherwise peaceful assemblies, authorities have a duty to distinguish between peaceful and non-peaceful demonstrators, take measures to de-escalate tensions and hold the violent individuals - not the organizers - to account for their actions. The potential for violence is not an excuse to interfere with or disperse otherwise peaceful assemblies. This principle is all the more important because violence in the course of peaceful protests may be instigated to justify the dispersal of a protest.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Humanitarian
- Year
- 2015
Paragraph
The rights to freedom of peaceful assembly and of association in the context of natural resource exploitation projects 2015, para. 42
- Paragraph text
- In countries experiencing social conflict over natural resource exploitation, individuals who exercise their right to freedom of peaceful assembly are frequently framed as "inciting" communities to resist and disrupt "development projects". Peaceful assembly and association rights are not seen as a legitimate vehicle to express concerns, but as deliberate attempts to undermine the State's efforts to promote economic growth and development. Those who oppose natural resource exploitation activities are labelled as "anti-development" or "enemies of the State". Attacks are also used as an intimidation tactic to force communities to accept exploitation projects.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Environment
- Year
- 2015
Paragraph
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 48
- Paragraph text
- The Special Rapporteur has previously noted that in Oman, an absolute monarchy, the right to freedom to form associations is "virtually non-existent", with the law requiring government consent, cooperation and control in order for a lawful association to be established (see A/HRC/29/25/Add.1, para 37). Political parties are banned, participants in peaceful assemblies and/or unregistered associations (see A/HRC/29/50, cases OMN 5/2014 and OMN 1/2015) are regularly targeted for harassment by the State, and at least one advocate for democratic reforms - Said Jadad - was imprisoned after he met with the Special Rapporteur during the latter's official visit to the country in 2014.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Year
- 2016
Paragraph
Challenges faced by groups most at risk when exercising or seeking to exercise the rights to freedom of peaceful assembly and/or of association 2014, para. 73a
- Paragraph text
- [In that regard, the Special Rapporteur calls upon States to:] Ratify all relevant international human rights instruments that protect the rights of individuals belonging to groups most at risk;
- Legal status
- Non-negotiated soft 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
- Year
- 2014
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 32
- Paragraph text
- In his first report to the Human Rights Council (A/HRC/20/27), highlighting best practices in promoting the rights to freedom of peaceful assembly and of association, he clarified that the right to freedom of peaceful assembly covered not only the right to hold and to participate in peaceful assemblies, but also the right to be protected from undue interference, and that it further protected those monitoring peaceful assemblies. As to the right to freedom of association, that ranged from the creation to the termination of an association and included the right to form and join an association, to operate freely and to be protected from undue interference, to access funding and resources and to take part in the conduct of public affairs. He further highlighted best practices worldwide that promoted and protected the rights to freedom of peaceful assembly and of association, covering issues such as the definition of “peaceful assembly” and “association”, the presumption in favour of allowing peaceful assemblies, the concept of notification versus authorization of peaceful assemblies, the right to be protected from undue interference during assemblies, building the human rights capacity of law enforcement, the rights of monitors and journalists in the context of peaceful assemblies, the right to form and join an association, including unregistered associations, the right to operate an association freely and be protected from undue interference, the right for associations to access funding and resources, the right to take part in public affairs, the termination, suspension and dissolution of associations and the right to an adequate remedy.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Year
- 2017
Paragraph
The rights to freedom of peaceful assembly and of association in the context of natural resource exploitation projects 2015, para. 33
- Paragraph text
- The Special Rapporteur is concerned that, of the numerous cases of violations of the rights to freedom of peaceful assembly and of association reported, comparatively few have been fully investigated, with the perpetrators brought to account. By contrast, the number of arrests and prosecutions for alleged offences committed in the course of the legitimate exercise of the rights to freedom of peaceful assembly and of association continues to rise.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Year
- 2015
Paragraph
Best practices that promote and protect the rights to freedom of peaceful assembly and of association 2012, para. 78
- Paragraph text
- The Special Rapporteur considers as best practice legislation which provides for criminal and disciplinary sanctions against those who interfere with or violently disperse public assemblies through excessive use of force (e.g. Bulgaria, Burkina Faso, Colombia, Cote d'Ivoire, Cuba, Estonia, Japan, Kyrgyzstan, Portugal, Republic of Moldova, Serbia and Spain). More specifically, in Colombia, according to the law, the excessive or arbitrary use of force against peaceful demonstrators constitutes a grave breach, under the disciplinary regime for the national police. Similarly, in Portugal, a decree-law foresees sanctions against authorities who hinder the right to freedom of peaceful assembly, and article 382 of Criminal Code sets the applicable sanctions in relation to the abuse of power.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Humanitarian
- Year
- 2012
Paragraph
Ability of associations to access financial resources as a vital part of the right to freedom of association & Ability to hold peaceful assemblies as an integral component of the right to freedom of peaceful assembly 2013, para. 78
- Paragraph text
- Furthermore, as stated previously, organizers of peaceful assemblies should never be held liable for the unlawful behaviour of others. The principle of individual liability of participants should be upheld, notably due to the presumption of peacefulness of the assembly. The Special Rapporteur is concerned that organizers have sometimes been brought to court for the violent behaviour of others, as in Malaysia. He is similarly concerned about legal provisions criminalizing organizers for the violent conduct of others, as in the Canton of Geneva, Switzerland.
- Legal status
- Non-negotiated soft law
- 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
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the context of elections 2013, para. 42
- Paragraph text
- Civil society organizations have also an important role to play in the context of elections. The role of civil society in contributing to and sustaining a robust democracy cannot be underestimated. In different capacities, organizations undertake various activities to advocate for the concerns and interests of their beneficiaries, to contribute to ensuring the integrity of the electoral process, to further contribute to the achievement, protection and strengthening of democratic goals and standards, and to keeping authorities accountable to the electorate. Among other things, civil society organizations promote political participation, undertake voter education, campaign for good governance reforms, provide vehicles for the expression of different interests, but also act as platforms that cut across tribal, ethnic, linguistic and other barriers, and catalyse public debate on issues that affect them.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Social & Cultural Rights
- Year
- 2013
Paragraph
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 40
- Paragraph text
- The Special Rapporteur is dismayed at the lack of genuine civil society participation surrounding trade agreements and economic issues in general. He and others have noted previously that the right to freedom of association should be viewed as "an essential adjunct" to the related fundamental right to participate in public affairs. Thus it is not enough for States to simply allow associations to exist; they must seek to actively engage with civil society and to create conditions in which the sector can flourish and play a significant role in public life. The Special Rapporteur views the right to freedom of peaceful assembly as playing a similar role as a vehicle for enjoyment of the right to participate in public affairs.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Economic Rights
- Year
- 2016
Paragraph
Best practices that promote and protect the rights to freedom of peaceful assembly and of association 2012, para. 66
- Paragraph text
- The Special Rapporteur notes with satisfaction that in Slovenia the Ministry of Interior is reportedly regularly supervising the work of its administrative units and checking the legality of how the registration procedures are conducted. During the supervision, officers in charge of the procedures are offered expert help and interpretation of the law.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Year
- 2012
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the context of elections 2013, para. 64
- Paragraph text
- The Special Rapporteur calls upon the diplomatic community and other relevant stakeholders to publicly denounce violations and abuses committed against those exercising or seeking to exercise their rights to freedom of peaceful assembly and of association in the context of elections, and to provide support to these victims.
- Legal status
- Non-negotiated soft law
- 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
Paragraph
Best practices that promote and protect the rights to freedom of peaceful assembly and of association 2012, para. 27
- Paragraph text
- The Special Rapporteur stresses that the enjoyment of the right to hold and participate in peaceful assemblies entails the fulfilment by the State of its positive obligation to facilitate the exercise of this right. In this regard, he highlights the Law on Assembly in Armenia, which states that the police shall be obliged to facilitate peaceful assemblies (art. 32, para. 2). He further notes with interest the statement of the Her Majesty's Inspectorate of Constabulary of the United Kingdom, an independent assessment institution, which stated that "the police as a service has recognized and adopted the correct starting point for policing protest as the presumption in favour of facilitating peaceful protest".
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Year
- 2012
Paragraph
Ability of associations to access financial resources as a vital part of the right to freedom of association & Ability to hold peaceful assemblies as an integral component of the right to freedom of peaceful assembly 2013, para. 61
- Paragraph text
- In far too many instances, authorities in many countries fail to apply the aforementioned strict test of necessity and proportionality when reviewing the imposition of a possible restriction to the right to freedom of peaceful assembly. Peaceful assemblies have been prohibited or repressed because the message conveyed do not please the authorities, as has been done in Algeria, Azerbaijan, Bahrain, Belarus, China, Cuba, Egypt, the Iran (Islamic Republic of), Indonesia, Russian Federation, Syrian Arab Republic and Zimbabwe. Organizers and participants have been charged with, inter alia, "sedition" and "rioting".
- Legal status
- Non-negotiated soft law
- 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
Paragraph
Challenges faced by groups most at risk when exercising or seeking to exercise the rights to freedom of peaceful assembly and/or of association 2014, para. 78
- Paragraph text
- The Special Rapporteur calls upon the diplomatic community and other relevant stakeholders to publicly denounce violations and abuses committed against those individuals belonging to groups most at risk exercising or seeking to exercise their rights to freedom of peaceful assembly and of association, and to provide support to those victims.
- Legal status
- Non-negotiated soft 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
- Year
- 2014
Paragraph
Ability of associations to access financial resources as a vital part of the right to freedom of association & Ability to hold peaceful assemblies as an integral component of the right to freedom of peaceful assembly 2013, para. 45
- Paragraph text
- As repeatedly stressed by the Human Rights Council, "peaceful protests should not be viewed as a threat, and therefore encourage[s] all States to engage in an open, inclusive and meaningful dialogue when dealing with peaceful protests and their causes".
- Legal status
- Non-negotiated soft 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
- Year
- 2013
Paragraph
Best practices that promote and protect the rights to freedom of peaceful assembly and of association 2012, para. 23
- Paragraph text
- The context of elections may also heavily impact on the rights to freedom of peaceful assembly and of association. This is particularly the case when assemblies are systematically prohibited or when individuals active in associations promoting transparent and fair electoral processes and defending democratic principles are subject to harassment and intimidation for their civic activism.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Year
- 2012
Paragraph
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 65
- Paragraph text
- The Special Rapporteur emphasizes that States have a responsibility to protect the peaceful assembly and association rights of all people, even if they hold unpopular views or practise a minority faith. This responsibility includes the duty to protect individuals and groups from attacks by non-State actors, and to ensure accountability when such attacks occur.
- Legal status
- Non-negotiated soft 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
- Year
- 2016
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the context of multilateral institutions 2014, para. 90e
- Paragraph text
- [Moreover, the Special Rapporteur calls upon States members of multilateral institutions to:] Refrain from throwing away/destroying leaflets and other documents produced by civil society actors and made available in multilateral arenas;
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Year
- 2014
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the context of multilateral institutions 2014, para. 83
- Paragraph text
- The Special Rapporteur has also been informed of disconcerting practices by some State officials during sessions of the Human Rights Council and International Criminal Court's Assembly of States Parties to throw away civil society's leaflets made available on tables.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Year
- 2014
Paragraph