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The Special Rapporteur's vision of the mandate 2017, para. 85
- Paragraph text
- The Special Rapporteur recommends that States and all international actors and relevant stakeholders make full use of the mandate. The mandate is a service, and the rights to freedom of peaceful assembly and of association are essential for democracy and constitute an indispensable condition for sustainable development.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Person(s) affected
- All
- Year
- 2017
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The Special Rapporteur's vision of the mandate 2017, para. 84
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- The mandate presents a unique opportunity and challenge to explore and identify specific solutions and to mobilize public opinion and support in order to promote and protect civic space both nationally and globally. The Special Rapporteur will seek out and provide for such opportunities and challenges, to the very best of her knowledge, ability and future efforts.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2017
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The Special Rapporteur's vision of the mandate 2017, para. 83
- Paragraph text
- The success of the mandate on the rights to freedom of peaceful assembly and of association, just as that of any other mandate, cannot be measured in terms of resolutions adopted, reports presented, dialogues held or initiatives promoted.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Person(s) affected
- All
- Year
- 2017
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 80
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- Consultation and coordination with regional human rights organizations worldwide and national human rights mechanisms are equally essential to the success of the mandate.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2017
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 79
- Paragraph text
- The Special Rapporteur will cooperate with international organizations both inside and outside the United Nations system, in particular ILO, while being mindful of paragraph 5 (g) of Human Rights Council resolution 15/21, according to which her tasks include undertaking activities “such that the present mandate will not include those matters of specific competence of the International Labour Organization and its specialized supervisory mechanisms and procedures with respect to employers’ and workers’ rights to freedom of association, with a view to avoiding any duplication”.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2017
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The Special Rapporteur's vision of the mandate 2017, para. 76
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- More generally, her mandate has an important prevention and early warning role to play in the discharge of the responsibility to protect, as it is uniquely placed to collect a wealth of information on issues linked to the freedom of peaceful assembly and of association, including gaps in protection, swiftly deteriorating situations and the scale, the nature and patterns of violations. The Special Rapporteur will, when necessary, call the attention of the relevant bodies, including the Security Council, to such situations and request that they address, and take immediate action in response to, the risks and violations identified.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Humanitarian
- Person(s) affected
- All
- Year
- 2017
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The Special Rapporteur's vision of the mandate 2017, para. 68
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- The media will be accessed and used whenever it is truly believed that drawing public attention to specific situations has a reasonable prospect of either improving the promotion and protection of the freedom of peaceful assembly and of association for the people on the ground or of preventing their violation.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Person(s) affected
- All
- Year
- 2017
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The Special Rapporteur's vision of the mandate 2017, para. 48
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- The rapid pace of technological development enables individuals all over the world to use information and communications technology and, at the same time, enhances the capacity of Governments, business enterprises and individuals to undertake surveillance, interception and data collection, which may violate or abuse human rights. It is generally recognized that the same rights that people have offline must also be protected online, including the rights to freedom of peaceful assembly and of association (see, for example, Human Rights Council resolution 34/7). However, Internet shutdowns have emerged as a popular means of information control. Government surveillance continues to intensify worldwide, jeopardizing the privacy and security of millions. Net neutrality, the long-held premise that all Internet data should be treated equally and without undue interference, has come under attack (see A/HRC/35/22).
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2017
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 37
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- In his fourth report to the Human Rights Council (A/HRC/29/25), on the rights to freedom of peaceful assembly and association in the context of natural resource exploitation, the previous mandate holder examined the role that those rights played in opening up space for genuine and effective participation across the spectrum of natural resource exploitation activities. He also examined how those rights helped to foster increased transparency and accountability, facilitate constructive dialogue and, ultimately, form the basis for people’s ability to secure other substantive rights. In the report, he noted that the significance of civil society as a stakeholder in the context of natural resource exploitation was underestimated, misperceived and often denied by both States and businesses and that that was symptomatic of a growing disregard for a plurality of views, particularly those which championed non-economic values over economic ones. He argued that such disregard for civil society input was counterproductive and divisive and likely to contribute to an erosion of confidence in the world’s prevailing economic system. He concluded that it was in the interest of both States and corporations to recognize actions by civil society groups, both in support of and against the entire decision-making chain in natural resource governance, as a legitimate exercise by those individuals and groups of their rights to freedom of peaceful assembly and of association.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Person(s) affected
- All
- N.A.
- Year
- 2017
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 34
- Paragraph text
- In his first report to the General Assembly (A/68/299), the previous mandate holder addressed concerns about the exercise of the rights to freedom of peaceful assembly and of association, documenting the countless threats to such freedoms in the context of elections. One of the most critical findings outlined in the report was that elections did not exist in a vacuum, and their quality could not be judged solely by what happened during the vote, but also by what happened before and after the elections. Another critical finding was that, “given the importance of the rights to freedom of peaceful assembly and of association in the context of elections, the threshold for imposing such restrictions should be higher than usual: the criteria of ‘necessity in a democratic society’ and ‘proportionality’ should be more difficult to meet during election time” (ibid., para. 25).
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Person(s) affected
- All
- N.A.
- Year
- 2017
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The Special Rapporteur's vision of the mandate 2017, para. 27
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- The Human Rights Council has reaffirmed those principles through a number of resolutions. Most recently, on 23 June 2017, it adopted resolution 35/21 on the contribution of development to the enjoyment of all human rights. In the resolution, the Council recognized the common aspiration of the international community to build a shared future for human beings and affirmed that development contributed significantly to the enjoyment of all human rights. It called upon all countries to realize people-centred development of the people, by the people and for the people, and called upon all States to enhance international cooperation and to spare no effort in promoting sustainable development, in particular while implementing the 2030 Agenda for Sustainable Development, as it was conducive to the overall enjoyment of human rights. The Council also welcomed further efforts to promote development initiatives with the aim of promoting partnerships, win-win outcomes and common development.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2017
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The Special Rapporteur's vision of the mandate 2017, para. 25
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- In the Universal Declaration of Human Rights, human rights were recognized as the foundation of freedom, justice and peace. In the unanimously adopted Vienna Declaration and Programme of Action, democracy, development and respect for human rights and fundamental freedoms were evoked as interdependent and mutually reinforcing.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2017
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The Special Rapporteur's vision of the mandate 2017, para. 24
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- The intrinsic and inherent link between democracy and the rights to freedom of peaceful assembly and of association does not exhaust the importance of, nor does it fully testify to, the fundamental nature of those rights. Civil society contributes to development as much as it does to democracy.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Person(s) affected
- All
- Year
- 2017
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 16
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- The rights to freedom of peaceful assembly and of association are not absolute, meaning that not only can they be temporarily derogated from in a state of emergency, but they can also be exceptionally interfered with under other circumstances. While they are human rights guaranteed to all, their exercise may be subject to certain restrictions. Such restrictions are permitted if they are necessary for a number of public purposes, including the protection of the rights and freedoms of others, as long as they are proportionate and provided for by law. Security and emergency laws, measures aimed at curtailing the financing of international terrorism, anti-money-laundering regulations and other limitations restrictive of civic space in the name of general public purposes, however, do not, as such, justify systematic violations of the freedom of peaceful assembly and of association.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- All
- N.A.
- Year
- 2017
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The Special Rapporteur's vision of the mandate 2017, para. 15
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- The rights to freedom of peaceful assembly and of association are fundamental rights that form the basis of the full enjoyment of other rights, as they enable the exercise of a number of civil, political, economic, cultural and social rights.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Person(s) affected
- All
- Year
- 2017
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 14
- Paragraph text
- The rights to freedom of peaceful assembly and of association are among the many rights on the list of international human rights; just as all human rights, they are universal, indivisible, interdependent and interrelated.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Person(s) affected
- All
- Year
- 2017
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 13
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- The mandate holder is committed to using her mandate to ensure the full exercise of the rights to freedom of peaceful assembly and of association by all the peoples of the United Nations.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Person(s) affected
- All
- Year
- 2017
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 12
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- When the people and civil society benefit, States, international organizations and international society as a whole benefit, too.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2017
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The Special Rapporteur's vision of the mandate 2017, para. 11
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- The beneficiaries are and should be the people, as espoused in the Preamble of the Charter of the United Nations, which begins: “We the peoples of the United Nations”. The beneficiaries must be civil society: civil society organizations such as non-governmental organizations, development and humanitarian actors, religious associations, political parties, trade unions, social movements, professional associations, academic institutions, and sports, leisure and other associations of all kinds. The beneficiaries must be the people who gather and meet in peaceful assemblies, in private or public space, offline or online, to protest or for any other peaceful purposes.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- All
- Year
- 2017
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 9
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- The mandate is a service, not a personal matter of the individual who happens to be the Special Rapporteur at a given time. Moreover, the mandate is not an end in itself but it is a means to a further end.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2017
Paragraph
The rights to freedom of peaceful assembly and of association in the context of natural resource exploitation projects 2015, para. 74b
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- [The Special Rapporteur recommends that States:] Create an enabling environment in which civil society can access relevant information, participate in decision-making and express opinions freely, including through peaceful assemblies, without threats of prosecution or other harm for legitimate opposition; ensure that cases of violations of human rights, including peaceful assembly and association rights, are promptly and impartially investigated and those responsible for the violations are held to account;
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Person(s) affected
- All
- Year
- 2015
Paragraph
The rights to freedom of peaceful assembly and of association in the context of natural resource exploitation projects 2015, para. 70
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- The significance of civil society as a stakeholder in the context of natural resource exploitation is underestimated, misperceived and often denied by both States and businesses. This is symptomatic of a growing disregard for a plurality of views, particularly those which champion non-economic values over economic ones. Such disregard is counterproductive and divisive, and is likely contributing to an erosion of confidence in the world's prevailing economic system. It is thus in the interest of both States and corporations to recognize actions by civil society groups both in support of and against the entire decision-making chain in natural resource governance, as a legitimate exercise by these individuals and groups of their rights to freedom of peaceful assembly and of association.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Environment
- Person(s) affected
- All
- N.A.
- Year
- 2015
Paragraph
The rights to freedom of peaceful assembly and of association in the context of natural resource exploitation projects 2015, para. 66
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- The Special Rapporteur agrees with ILO that it constitutes a violation of the right to freedom of association when authorities and employers actively interfere with the operations of unions. Such interference includes refusing to recognize elected trade union officials, tampering with elections, forming their own competing unions and denying union members access to premises to conduct meetings. The ability of unions to hold meetings on their premises without prior authorization or interference and to choose their own representatives are essential elements of the right to freedom of association. Certain employment practices are also a concern, particularly where they reduce workers' ability to organize or collectively bargain. The use of short-term contracts and precarious terms of employment for workers in extractive industries, for example, denies workers job security and the confidence to advocate for unionization and other rights.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2015
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The rights to freedom of peaceful assembly and of association in the context of natural resource exploitation projects 2015, para. 65
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- As previously mentioned, the "race to the bottom" may result in weakened labour standards, in violation of the right to freedom of association for workers in the natural resource exploitation industry. In several countries, Governments have amended labour laws, weakening labour standards and making it harder for workers to unionize, collectively bargain and strike. In Kazakhstan, a recently enacted law on trade unions mandates compulsory affiliation of all trade unions to a federative body, denying trade unions the option to choose whether to be so affiliated or not (see A/HRC/29/25/Add.2).
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2015
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The rights to freedom of peaceful assembly and of association in the context of natural resource exploitation projects 2015, para. 61
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- Similarly, a group's formal registration or recognition by authorities should not be required in order for associations to challenge decision-making processes related to environmental issues or natural resource exploitation. Recognition should not confer advantages that would not be available to unregistered or unrecognized groups. In particular, recognition or non-recognition should not be used as a basis for authorizing or restricting scrutiny by associations of the natural resource exploitation industry. Associations should be free to engage in monitoring activities and to have access to information without undue interference by authorities, and be empowered with the ability to influence decision making processes.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2015
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The rights to freedom of peaceful assembly and of association in the context of natural resource exploitation projects 2015, para. 56
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- The Special Rapporteur reiterates that the primary responsibility for ensuring public security, law and order for the benefit of all within a State's boundaries lies with the Government of that State. The State should also regulate, control and monitor the activities of private security firms, including those contracted in the natural resource exploitation sector, and hold them accountable when they breach the rights to freedom of peaceful assembly and of association.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Environment
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2015
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The rights to freedom of peaceful assembly and of association in the context of natural resource exploitation projects 2015, para. 52
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- The Special Rapporteur notes that requirements to obtain prior authorization before gatherings related to the exploitation of natural resources - such as information sessions, consultations, public hearings and the like - not only infringe on the right to freedom of peaceful assembly, they also impede the right of affected communities to access information and participate in decision-making. In Uganda, non-governmental organizations working on oil issues are reportedly required by authorities to seek permission, in particular from the Ministry of Energy and Mineral Development before they can meet with grassroots communities, although the authorities have made efforts to remedy this situation.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Environment
- Governance & Rule of Law
- Person(s) affected
- All
- Persons on the move
- Year
- 2015
Paragraph
The rights to freedom of peaceful assembly and of association in the context of natural resource exploitation projects 2015, para. 51
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- The freedom to assemble peacefully is required in order for consultations among stakeholders to be convened. The ability to peacefully assemble is impeded in environments where insecurity and conflict prevails.. The neutrality of the consultations needs to be maintained throughout the process. For consent to be free, prior and informed, consultations should be conducted in an environment free of intimidation or fear, meaning that meetings should be free from infiltration by security organs, surveillance and attendance by uniformed or armed law enforcement agents. A level playing field should be ensured for all stakeholders to have free access to relevant information and assurances that their grievances will be heard.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Humanitarian
- Person(s) affected
- All
- Year
- 2015
Paragraph
The rights to freedom of peaceful assembly and of association in the context of natural resource exploitation projects 2015, para. 32
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- This race to the bottom may benefit the business sector, but it is often to the detriment of individuals and communities living on land slated for natural resource exploitation. For businesses, time is money, and consultation with communities is rarely seen as "efficient". At best, States may discourage drawn-out consultation processes that genuinely take into account the concerns of affected communities. At worst, States may resort to harassment and persecution of members of these communities, as well as members of associations investigating alleged violations or people having organized or participated in protests, as noted by the Working Group on Business and Human Rights (see A/HRC/23/32, para. 13).
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Person(s) affected
- All
- Year
- 2015
Paragraph
The rights to freedom of peaceful assembly and of association in the context of natural resource exploitation projects 2015, para. 30
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- Natural resources present something of a dilemma for even the most conscientious of States. They are a source of economic wealth, yet this wealth also brings the potential for conflict and fierce competition. If natural resources belong to the State itself, and the State is composed of the people, how exactly should resources be shared? What if communities living on the land to be exploited hold other values superior to the value of the economic potential of their land? And who makes the final decision? Ensuring that all voices are heard, including through the free exercise of peaceful assembly and association rights, promotes equitable sharing of benefits.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Environment
- Person(s) affected
- All
- Year
- 2015
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