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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
- Year
- 2014
Paragraph
Comparative study of enabling environments for associations and businesses 2015, para. 102
- Paragraph text
- The Organization for Security and Cooperation in Europe-Venice Commission Guidelines on Freedom of Peaceful Assembly affirm that "assemblies are as legitimate uses of public space as commercial activity or the movement of vehicular and pedestrian traffic". This principle should be taken into account in weighing restrictions on assemblies. Yet, in the Special Rapporteur's experience, the authorities are more likely to restrict protests and demonstrations (expressive gatherings more often organized by associations) for reasons of the disruption of traffic and commercial activity and the protection of property, than commercial events that cause similar disruption. Concerns have been raised about the implementation of a crowd-control policy in the city of Oakland, United States, where law enforcement officials reportedly restrict night-time protests, purportedly to prevent violence and protect property from vandalism. By contrast, a parade to celebrate a sports team victory received considerably more accommodation from the Oakland authorities.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Year
- 2015
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
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
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
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- 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
Paragraph
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 35
- Paragraph text
- Similarly, the Australian State of Tasmania has enacted the Workplaces (Protection from Protestors) Act 2014, which makes it a criminal offence to participate in a protest that may obstruct or prevent a business activity or access to business premises (see also A/HRC/28/85, case AUS 3/2014). At the time of writing, the State of Western Australia was considering similar legislation. The Special Rapporteur has urged the State Parliament to vote against the law.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Year
- 2016
Paragraph
Best practices that promote and protect the rights to freedom of peaceful assembly and of association 2012, para. 42
- Paragraph text
- The Special Rapporteur stresses the importance of the regulatory authorities providing assembly organizers with "timely and fulsome reasons for the imposition of any restrictions, and the possibility of an expedited appeal procedure". The organizers should be able to appeal before an independent and impartial court, which should take a decision promptly. In several States, the regulatory authority has the obligation to justify its decision (e.g. Senegal and Spain). In Bulgaria, the organizer of an assembly may file an appeal within three days of receipt of a decision banning an assembly; the competent administrative court shall then rule on the ban within 24 hours, and the decision of the court shall be announced immediately and is final. Similarly, in Estonia, a complaint may be filed with an administrative court, which is required to make a decision within the same or next day; the organizers may also launch a complaint with the Estonian Ombudsman.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Year
- 2012
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
Paragraph
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 85
- Paragraph text
- Denying people space for peaceful, legal and constructive engagement does not make their feelings of anger, despair and dissatisfaction go away. To the contrary, it simply pushes these feelings underground, where they can fester and turn violent. Extremism thrives in such environments, because it is the only option left.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Year
- 2016
Paragraph
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
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- [In that regard, the Special Rapporteur calls upon States to:] Ratify all relevant international human rights instruments that protect the rights of individuals belonging to groups most at risk;
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Year
- 2014
Paragraph
Comparative study of enabling environments for associations and businesses 2015, para. 86
- Paragraph text
- Businesses' relationship with the government in many States can be described as "cosy" and is often characterized by privileged access and treatment. It is not uncommon for politicians to be former businesspeople and vice versa or to have close, even family, ties to the business sector. Even those without extensive personal experience in commerce undoubtedly rely to some extent on the support of the business community.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Year
- 2015
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the context of multilateral institutions 2014, para. 31
- Paragraph text
- Private multilateral bodies, such as the International Olympic Committee and the Fédération Internationale de Football Association (FIFA) - which both wield enormous economic power to pressure countries hosting their lucrative events - are not exempt from the responsibility to respect, if not promote, universally recognized human rights. In spite of this, in its Charter the International Olympic Committee altogether bans demonstrations at their events and FIFA's secretary-general openly stated with apparent impunity that "less democracy" or even oppressive military Governments is "better for organizing a World Cup". The Special Rapporteur is of the opinion that the requirements for transparency and accountability of multilateral institutions, whether private or public, expand as power and influence increase. In addition, he considers that the failure to encourage and facilitate peaceful assembly represents a lost opportunity for engagement.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Year
- 2014
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 90
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- The Special Rapporteur maintains that private multilateral bodies, such as the International Olympic Committee and the Federation Internationale de Football Association, have a responsibility to respect, if not promote, universally recognized human rights (A/69/365, para. 31). He regrets that those bodies have not taken advantage of their power and influence to press host countries of their events such as Brazil (Summer Olympics 2016) and Qatar (World Cup 2022) to uphold workers' rights, including assembly and association rights.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Year
- 2016
Paragraph
Best practices that promote and protect the rights to freedom of peaceful assembly and of association 2012, para. 72
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- The Special Rapporteur indicates the necessity for States not resort to tax pressure to discourage associations from receiving funds, notably from abroad. On a positive note, several States provide tax and other exemptions and privileges for associations (e.g. Bulgaria and Lithuania).
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Year
- 2012
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the context of multilateral institutions 2014, para. 46
- Paragraph text
- A human rights activist from Malaysia noted that in his country he felt that there are no "good" or "bad" experiences in dealing with multilateral institutions; there are simply "no experiences". The lack of a local presence means that power and access remains concentrated at headquarters - many located in North America and Western Europe, two of the world's regions for which it is most difficult to obtain visas. Efforts to bridge this geographic gap have been mixed. In this regard, the Special Rapporteur encourages the increased use of information technology and the creation of independent grant schemes to fund a more diverse array of civil society organizations to participate in multilateral consultations and events.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Year
- 2014
Paragraph
Challenges faced by groups most at risk when exercising or seeking to exercise the rights to freedom of peaceful assembly and/or of association 2014, para. 41
- Paragraph text
- Finally, some groups face a greater risk of discrimination and retribution when exercising their assembly rights due to practices which are not explicitly contained in the law (and which may, in fact, deviate from the law). In Indonesia for example, religious minority groups such as Ahmadis (the Ahmadiyah), Baha'is, Christians and Shias face physical attacks from militant Islamic groups with little intervention from the Government. Despite a Supreme Court ruling upholding the right of the Taman Yasmin Indonesian Christian Church congregation to put up their church building, in Bogor, West Java, local authorities sealed the building in 2010 and, since then, have prevented church members from gaining access to their church.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Year
- 2014
Paragraph
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 57
- Paragraph text
- Saudi Arabia places severe restrictions on the practice of religions other than the Wahhabi variant of Sunni Islam. According to one civil society report, "public non-Muslim places of worship are not allowed, and the right of non-Muslims to practise their religion in private is not fully protected". Blasphemy (deviation from the State's form of Islam) and apostasy (renunciation of Islam) are criminalized, with the latter carrying the death penalty; these crimes and others have been used against activists who criticize State policy (see A/HRC/32/53, case SAU 11/2015). It is also considered a criminal act of terrorism for an individual or association to call for atheist thought in any form, or to call into question the fundamentals of the Islamic religion". It is worth noting in this context that a 2012 Gallup poll found that 5 per cent of the population of Saudi Arabia identifies as atheist, while another 19 per cent identifies as "not religious".
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Year
- 2016
Paragraph
Challenges faced by groups most at risk when exercising or seeking to exercise the rights to freedom of peaceful assembly and/or of association 2014, para. 78
- Paragraph text
- The Special Rapporteur calls upon the diplomatic community and other relevant stakeholders to publicly denounce violations and abuses committed against those individuals belonging to groups most at risk exercising or seeking to exercise their rights to freedom of peaceful assembly and of association, and to provide support to those victims.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Year
- 2014
Paragraph
Ability of associations to access financial resources as a vital part of the right to freedom of association & Ability to hold peaceful assemblies as an integral component of the right to freedom of peaceful assembly 2013, para. 45
- Paragraph text
- As repeatedly stressed by the Human Rights Council, "peaceful protests should not be viewed as a threat, and therefore encourage[s] all States to engage in an open, inclusive and meaningful dialogue when dealing with peaceful protests and their causes".
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Year
- 2013
Paragraph
Best practices that promote and protect the rights to freedom of peaceful assembly and of association 2012, para. 24
- Paragraph text
- An "assembly" is an intentional and temporary gathering in a private or public space for a specific purpose. It therefore includes demonstrations, inside meetings, strikes, processions, rallies or even sits-in. Assemblies play a vibrant role in mobilizing the population and formulating grievances and aspirations, facilitating the celebration of events and, importantly, influencing States' public policy.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Year
- 2012
Paragraph
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 65
- Paragraph text
- The Special Rapporteur emphasizes that States have a responsibility to protect the peaceful assembly and association rights of all people, even if they hold unpopular views or practise a minority faith. This responsibility includes the duty to protect individuals and groups from attacks by non-State actors, and to ensure accountability when such attacks occur.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Year
- 2016
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 75
- Paragraph text
- Other States generally fail to protect workers against employer violations or to enforce their own laws. In fact, many do not stop at benign neglect, but support or collude with employers to infringe upon workers' rights to peaceful assembly and to association. In the United States, Tennessee State officials reportedly offered nearly $300 million in incentives to Volkswagen for adding a production line to a factory, but the offer was contingent on the plant remaining non-unionized (A/HRC/32/36, para. 38). In the State of Georgia in the United States, police called in by the company prevented union organizers from distributing leaflets outside the company's gates, and issued a citation that carried the comment: "picketing drivers to become union". The State government of Mississippi touts the lack of unionization as a great benefit when courting potential employers. The dangers of that are exemplified by the situation at the Nissan plant in Canton, where the company has aggressively worked to prevent unions from organizing. During his official visit to the United States in July 2016, the Special Rapporteur was informed that Nissan operates 44 major plants throughout the world; all of them are unionized, except for two of them in the south of the United States.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Year
- 2016
Paragraph
Comparative study of enabling environments for associations and businesses 2015, para. 48
- Paragraph text
- Senegal, for example, has no formal legislation regulating political contributions, but expressly prohibits associations - and not businesses - from engaging in any "political activity", unless they are a political party. Ethiopia prohibits "welfare organizations" and NGOs from donating to political parties, but domestic companies are free to donate up to set limits.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Year
- 2015
Paragraph
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 36
- Paragraph text
- Free market fundamentalism in the United States of America has led to a systematic rollback of the right to freedom of association for workers in several jurisdictions, particularly in the 26 States that have enacted so-called "right to work" legislation. The laws forbid unions from negotiating contracts that require all workers represented by a union to pay dues. Proponents of the laws frame their purpose in free market terms, saying that employees should "decide for themselves whether or not to join or financially support a union". But at the same time, United States law requires unions to represent all employees in a bargaining unit. Thus, the effect of the "right to work" laws is to give non-dues-paying workers a free ride: they reap the benefits that the union has negotiated without having to pay the costs. This can weaken unions over the long run, and the Special Rapporteur views these laws as legislative obstacles intentionally designed to discourage people from exercising their right to freedom of association in the workplace.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Year
- 2016
Paragraph
Ability of associations to access financial resources as a vital part of the right to freedom of association & Ability to hold peaceful assemblies as an integral component of the right to freedom of peaceful assembly 2013, para. 54
- Paragraph text
- By contrast, as in the view of the OSCE/ODIHR Panel of Experts, a notification should be considered as unduly bureaucratic if any of the following requirements is imposed on the organizers: that there be more than one named organizer; that only registered organizations are considered as legitimate organizers; that formal identity documents, such as passports or identity cards, be produced; that identification details of others involved in the event, such as stewards be provided; that reasons for holding an assembly, bearing in mind the principle of non-discrimination, be given; and that the exact number of participants, which is difficult to predict, be given. In this connection, the authorities should not punish organizers if the number of participants does not match the anticipated number, as stipulated by domestic legislation (as has occurred in the Russian Federation).
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Year
- 2013
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 91
- Paragraph text
- Corporate social responsibility and social auditing comprise a multimillion-dollar industry created by global businesses to monitor compliance with industry human rights standards across supply chains and at the enterprise level. Although those mechanisms have resulted in some anecdotal successes and benefited companies' public relations images, they have had little measurable impact on promoting assembly and association rights. Problems include their voluntary, non binding nature; lack of consultation with workers and communities; audit results having little impact on business decision-making; and limited, pre-scheduled factory audits that frequently ignore freedom of association. In Pakistan, for example, the Ali Enterprises garment factory was ravaged by fire, killing nearly 300 workers only days after it had been audited and certified in 2012.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Year
- 2016
Paragraph
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 58
- Paragraph text
- The Constitution of the Islamic Republic of Iran recognizes only four religious categories: Muslims, Zoroastrians, Jews and Christians. Those of other faiths are effectively denied the rights to freedom of peaceful assembly and of association in a religious context. Discrimination against those of the Baha'i faith is particularly significant, and members of the community are regularly prohibited from engaging in peaceful assembly. The Special Rapporteur has received reports of harassment against officially recognized Christian denominations as well (see A/HRC/25/74, case IRN 8/2013).
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Year
- 2016
Paragraph
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 66
- Paragraph text
- Finally, the Special Rapporteur notes that anti-religious fundamentalism can be as harmful to assembly and association rights as religious fundamentalism. In Viet Nam, freedom of religion is nominally protected by the Constitution, but the Special Rapporteur has received reports that the State harasses unofficial groups that do not submit to regulations imposing intrusive government control over their operations (see A/HRC/27/72, case VNM 7/2014). The Special Rapporteur on freedom of religion or belief noted, after his 2014 visit to the country, the "tight control" over official religious communities, and "constant surveillance, intimidation, harassment and persecution" of unrecognized communities (see A/HRC/28/66/Add.2). In the Russian Federation, the authorities closed down the local religious organizations of the Jehovah's Witnesses on the ground that it was an "extremist organization" (see A/HRC/31/79, case RUS 6/2015).
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Year
- 2016
Paragraph
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 69
- Paragraph text
- Cultural and nationalist fundamentalisms are sometimes distinguished from racism and xenophobia conceptually (because the characteristic in focus is culture or nationality rather than race or skin colour) and rhetorically (to avoid violating international human rights law). The elevation of a particular (national) culture as superior may not in of itself constitute discrimination in the same way that differentiation on the basis of race does. Nevertheless, the Special Rapporteur stresses the dangers that cultural and nationalist fundamentalisms pose to the enjoyment of the rights to freedom of peaceful assembly and of association.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Year
- 2016
Paragraph
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 59
- Paragraph text
- The list of countries with similar discrimination against minority religions and atheists is too long to recount here. According to a 2015 civil society report, atheism is effectively illegal in 19 countries, and is punishable by death in 13 of those. "Blasphemy" and similar criticisms against religion are a criminal offence in 55 countries. The Special Rapporteur has grave concerns about the implications of such laws on the rights to freedom of peaceful assembly and of association.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Year
- 2016
Paragraph