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Comparative study of enabling environments for associations and businesses 2015, para. 100
- Paragraph text
- Differential treatment of assemblies takes various forms. The authorities may deny permission, licences or other facilitation for demonstrations and protests, especially those held in opposition to major corporate-sponsored events. A glaring example is the crackdown by Azerbaijan on human rights activists protesting the European Games, which were largely sponsored by corporate entities. The Special Rapporteur previously cited with concern the case of protestors who staged a sit-in at the department store Fortnum & Mason, in London. The demonstrators did not prevent customers from shopping, yet 138 were arrested and charged with aggravated trespass; 29 were prosecuted.
- 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)
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2015
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 76
- Paragraph text
- Violence against workers is both a reason for and a consequence of the global weakening of workers' rights to freedom of peaceful assembly and of association. In 2015, unionists were murdered in 11 countries for their activism: Chile, Colombia, Egypt, El Salvador, Guatemala, Honduras, Islamic Republic of Iran, Mexico, Peru, South Africa and Turkey. Honduras has seen a plague of violence, with 31 trade unionists, 57 rural workers and 28 journalists murdered between 2009 and early 2014, while 62 trade unionists have been assassinated in Guatemala since 2008. This violence is generally delivered with impunity and serves as a terrifying deterrent to workers' exercise of rights of freedom of peaceful assembly and of association.
- 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)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Activists
- Year
- 2016
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 78
- Paragraph text
- Indonesian law states that unions have the right to strike, but police often pressure workers to end legal strikes and protests through violence or arrests. For example, 23 labour activists and 2 public defenders were arrested when several union federations protested Government Regulation on Remuneration No. 78/2015. In 2014, 17 workers in West Java were injured in an organized attack; police watched but did not stop the violence. The incident has had a chilling effect on unionization and workers' exercise of their rights. The role of the military and police in monitoring and providing security services at factories has had a similar effect.
- 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)
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2016
Paragraph
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 49
- Paragraph text
- Bahrain, formally organized as a constitutional monarchy, has embarked on an extensive crackdown on dissent since a large protest movement began calling for greater political freedom, among other things, in 2011. The Special Rapporteur remains particularly concerned about the imprisonment of opposition leader Sheikh Ali Salman and the harassment and detention of human rights defenders involved in organizations defending human rights, including Nabeel Rajab (see A/HRC/28/85, case BHR 13/2014), Abdulhadi Al-Khawaja (see A/HRC/19/44, case BHR 18/2011), Zainab Al-Khawaja, Abduljalil Al-Singace (see A/HRC/18/51, case BHR 4/2011) and others (see A/HRC/28/85, cases BHR 10/2014 and BHR 12/2014).
- 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
- Person(s) affected
- Activists
- Year
- 2016
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the context of multilateral institutions 2014, para. 81
- Paragraph text
- On a positive note, some States within the Committee have expressed support to human rights organizations. The Special Rapporteur praises Belgium, Chile, Mexico and Uruguay, among others, for their role in combating attempts by peer members to arbitrarily dismiss applications of NGOs.
- 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)
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2014
Paragraph
Best practices that promote and protect the rights to freedom of peaceful assembly and of association 2012, para. 49
- Paragraph text
- In this regard, the Special Rapporteur considers good practice the invitation of the London Metropolitan Police to Liberty, an independent human rights organization, to act as independent observers when they were policing a Trades Union Congress march in London in 2010. He also refers to the statement of the Vice-Chair of the Malaysian Human Rights Commission (SUHAKAM) made during the panel discussion on the promotion and protection of human rights in the context of peaceful protests, at the nineteenth session of the Human Rights Council (A/HRC/19/40, para. 33). The Vice-Chair highlighted, inter alia, the monitoring role played by SUHAKAM during a sensitive public demonstration, by deploying teams of observers.
- 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)
- Governance & Rule of Law
- Person(s) affected
- Activists
- 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. 60
- Paragraph text
- Criminal procedure laws and penal sanctions are used in several States to deter the exercise of the right to freedom of association. Authorities who are hostile to critical voices resort to criminal prosecution for defamation or similar offences, thereby discouraging and interfering with legitimate activities by groups. Organizations engaged in human rights work, anti-corruption advocacy and other accountability initiatives are particularly targeted. In Oman, between May and June 2012, 11 human rights defenders, including bloggers, writers, and members of human rights organizations and of the media, were sentenced for offences related to injurious speech and assembly. They were all pardoned on 22 March 2013. In Viet Nam, in March 2013, the police charged a human rights defender with slander against the regime. The authorities asserted that he had not expressed his opinions in a peaceful manner and that he had thus disturbed the public order. The country's Press Law of 1989 limits the right to express dissent, restricting it to "constructive" opinions on implementing the lines and policies of the Communist Party and the laws of the States law. In El Salvador, article 345 of the Criminal Code considers as illegal two or more people gathering to commit a crime. Despite the necessity to prove intent to commit a crime, law enforcement officials often stop and detain young people simply because it is believed that they are gathering to organize or plan a crime, or that they belong to a gang merely because they have a tattoo, are young, live in a particular neighbourhood where there is gang presence or are poor. Youth are additionally disproportionately affected because criminal groups force them to join their ranks, thereby violating their right to freedom of association.
- 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
- Person(s) affected
- Activists
- Youth
- Year
- 2014
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 71
- Paragraph text
- On 14 November 2015, at a rally in the Republic of Korea, 20,000 police used tear gas and water cannons to disperse a protest attended by 100,000 demonstrators. Dozens were injured, and criminal proceedings were brought against 585 leaders and members of the Korea Confederation of Trade Unions. The Confederation president was sentenced to five years in prison (A/HRC/32/36, para. 41). The Special Rapporteur emphasizes again that charging peaceful assembly participants with criminal offenses violates the right to peaceful assembly.
- 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
- Person(s) affected
- Activists
- Year
- 2016
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 18
- Paragraph text
- Successes and achievements of civil society in recent years have been thoroughly investigated and recorded (see A/HRC/35/28). They were, by and large, acknowledged, recognized and endorsed by delegations during the clustered interactive dialogue held by the Human Rights Council with the Special Rapporteur on 7 June 2017 (A/HRC/35/28, para. 4). Yet, since the establishment of the mandate in October 2010, the voices of civil society have been restricted or silenced, if not eliminated, in every region across the globe. Mass surveillance, obstructive regulation of democratic space, including online, overly restrictive legislation to regulate association and limit the exercise of fundamental public freedoms, with frequent use of counter-terrorism legislation to curtail dissenting voices, and harassment of and violence against human rights defenders and ordinary people who exercise their right to express opinions in peaceful protests are all too common.
- 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
- Person(s) affected
- Activists
- Year
- 2017
Paragraph
Best practices that promote and protect the rights to freedom of peaceful assembly and of association 2012, para. 69
- Paragraph text
- In many countries, domestic funding is very limited or non-existent, leading associations to rely on foreign assistance to conduct their activities. The Special Rapporteur echoes the recommendations put forward by the then Special Representative of the Secretary-General on the situation of human rights defenders who affirmed that "governments must allow access by NGOs to foreign funding as a part of international cooperation, to which civil society is entitled to the same extent as Governments" (A/59/401, para. 82), He believes that the same principle should apply to any associations regardless of the goals, in line with international law, they pursue. He considers as best practice legislation that does not prescribe the approval of the authorities before receiving domestic and foreign funding (e.g. Lebanon, Morocco and the United States). The barriers to foreign funding range from undue delay in approval for funding an association's project (e.g. Bangladesh) to the requirement of obtaining a prior authorization from the authorities. Some legislation even prohibits human rights associations from receiving more than 10 per cent of their overall resources from foreign sources. In Ethiopia where this legislation is in place, out of the 127 associations advocating for human rights active before the 2009 Charities and Societies Proclamation entered into force, very few reportedly still operate.
- 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)
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2012
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the context of elections 2013, para. 18
- Paragraph text
- However, in many countries, elections have been marred by human rights violations and abuses. For instance, in September 2009, in Guinea, some 50,000 peaceful demonstrators gathered in a stadium to protest against the possible candidacy of Capitain Moussa Dadis Camara for the presidential elections of January 2010. Security forces opened fire and used bayonets and knives to disperse the crowd. More than 150 persons were killed, and over a thousand injured. Many individuals were arrested on the scene, at their home or in hospitals. In the Islamic Republic of Iran, in June 2009, following the declaration of victory for President Ahmadinejad, security forces killed several protestors when they peacefully took to the streets to contest the election results. Security forces opened fire during the demonstrations and used batons and pepper spray to disperse the crowds. Several hundred people were arrested during the protests following the presidential elections of 2009. In the Russian Federation, peaceful protests against alleged fraudulent elections in the context of parliamentary elections held in December 2011 were met with excessive use of force, with over a thousand persons detained in various cities. Various acts of harassment, intimidation, arbitrary detention of several activists and members of the opposition also occurred in the context of the presidential protests on 6 May 2012. In the Bolivarian Republic of Venezuela, in the wake of the presidential elections of April 2013, peaceful demonstrations held in front of the offices of the national electoral commission in several states were met with brute force by security forces, along with arbitrary arrests. In Malaysia, security forces used indiscriminate force to repress a peaceful protest organized by the Coalition for Fair and Free Elections (Bersih), which advocates for the reform of the electoral process in that country.
- 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)
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2013
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the context of elections 2013, para. 19
- Paragraph text
- Apart from using excessive force against peaceful protesters, in some instances, States have criminalized the participation in and organization of peaceful assemblies during election time, with a view to sanctioning or deterring those willing or intending to do so. In Ethiopia, several peaceful demonstrators and human rights defenders were charged with "crimes of outrage against the constitutional order", and sentenced to life imprisonment for having participated in a demonstration against alleged fraud in the general elections of May 2005, in which over 190 protestors were reportedly killed by law enforcement authorities. After signing a statement admitting that their activities had been unconstitutional, they received a pardon and were freed. In the run-up to the legislative elections in Bahrain in September 2011, numerous human rights defenders and their relatives were arrested, dismissed from their jobs and subjected to intimidation and harassment for various politically motivated offences, including "participating in illegal gatherings". Following the presidential elections in December 2010 in Belarus, hundreds of persons protesting on election night were detained, including civil society activists, journalists, and opposition leaders, including presidential candidates. A peaceful protestor was subsequently sentenced to three years and six months in a labour colony on charges of mass disorder, for his participation in peaceful protests. He was initially detained for an administrative offence, but was later charged with a criminal offence, despite the fact that the police officer who had filed his arrest warrant stated in court that he had not actually seen him during the protest. Similarly, in the Russian Federation, charges of "mass disorder" have been pressed against peaceful protestors during election time. Many demonstrators were arrested and accused, inter alia, of "public intimidation" and "public incitation". Peaceful demonstrators in Azerbaijan have increasingly been targeted in the context of the forthcoming elections of October 2013, with several of them being arrested and/or fined. In Nepal in January 2006, four human rights defenders were arrested because of their involvement in the organization of large-scale peaceful demonstrations calling for a boycott of municipal elections scheduled for the following month.
- 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
- Person(s) affected
- Activists
- Families
- Year
- 2013
Paragraph
Comparative study of enabling environments for associations and businesses 2015, para. 65
- Paragraph text
- In some cases, restrictions on human rights can be directly linked to States' efforts to encourage business investment. Businesses then profit from those violations, sometimes calling upon State security organs for further protection. Crimes are often committed on their behalf with impunity. This is particularly true in the field of natural resource exploitation, as the Special Rapporteur documented in his 2015 report to the Human Rights Council. For example, reprisals against activists who stood up to large business interests have occurred in Colombia, the Lao People's Democratic Republic and the Philippines.
- 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)
- Environment
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2015
Paragraph
Best practices that promote and protect the rights to freedom of peaceful assembly and of association 2012, para. 50
- Paragraph text
- In this connection, the Special Rapporteur supports the call of the ODIHR Panel of Experts to undertake capacity-building activities for the benefit of NGOs and human rights defenders on the ground to monitor assemblies and their policing on a systematic basis. In this context, ODIHR trained assembly monitors in Armenia, Georgia, Kazakhstan, Kyrgyzstan and Republic of Moldova, and issued the new Handbook on Monitoring Freedom of Assembly in September 2011.
- 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)
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2012
Paragraph
Comparative study of enabling environments for associations and businesses 2015, para. 61
- Paragraph text
- The Special Rapporteur has highlighted a disturbing trend in Malaysia, where dozens of people have been charged with sedition following their criticism of the Government or its officials. The law has been applied to a range of individuals, including politicians, human rights defenders, academics, lawyers, students and journalists. However only associations - and not businesses - face deregistration if they, as an entity, violate the Sedition Act.
- 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
- Person(s) affected
- Activists
- Year
- 2015
Paragraph
Best practices that promote and protect the rights to freedom of peaceful assembly and of association 2012, para. 65
- Paragraph text
- Authorities must also respect the right of associations to privacy as stipulated in article 17 of the Covenant on Civil and Political Rights. In this connection, authorities should not be entitled to: condition any decisions and activities of the association; reverse the election of board members; condition the validity of board members' decisions on the presence of a Government representative at the board meeting or request that an internal decision be withdrawn; request associations to submit annual reports in advance; and enter an association's premises without advance notice. The Special Rapporteur recognizes the right of independent bodies to examine the associations' records as a mechanism to ensure transparency and accountability, but such a procedure should not be arbitrary and must respect the principle of non-discrimination and the right to privacy as it would otherwise put the independence of associations and the safety of their members at risk. As a best practice, the decision of the African Commission on Human and Peoples' Rights found that the right to freedom of association had been violated when the Government of Nigeria provided the Nigerian Bar Association with a new governing body and laid down that 97 of the 128 members constituting this body would be appointed by the Government (report of the Special Rapporteur on the situation of human rights defenders, A/64/226, para. 34).
- 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)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2012
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the context of elections 2013, para. 29
- Paragraph text
- The Special Rapporteur finally emphasizes again the crucial role played by human rights defenders, including journalists, who monitor assemblies and who have been targeted in the context of elections. In Belarus, in December 2010, the Chair of the Belarusian Helsinki Committee, among other activists, was arrested and detained by security forces while observing a demonstration organized by an opposition candidate, which was held in front of the Government headquarters. He was taken to pre-trial detention facility before being placed in police custody. In Malaysia, media personnel covering a protest organized by Bersih were allegedly targeted by security forces, while documenting police brutality, despite clearly identifying themselves as media personnel.
- 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
- Person(s) affected
- Activists
- Year
- 2013
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the context of elections 2013, para. 27
- Paragraph text
- The Special Rapporteur recalls that organizers of peaceful protests should not bear responsibility for the unlawful behaviour of others, including in times of elections. In Malaysia, in May 2012, the federal Government announced that it would sue the organizers of the Bersih 3.0 rally of 28 April 2012 calling for free and fair elections, in relation to property which was allegedly destroyed during the said rally.
- 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
- Person(s) affected
- Activists
- Year
- 2013
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the context of multilateral institutions 2014, para. 55
- Paragraph text
- Another example is the World Bank's practice of completely delegating the monitoring of assemblies to local police. Despite the legitimate security concern surrounding World Bank buildings, designated as embassies, the repeated mass arrests, including of bystanders, journalists and tourists, make it difficult and frightening for anyone to participate in or observe World Bank-related demonstrations. Similar examples, such as the excessive force used by authorities during the so-called "Battle of Seattle" surrounding WTO meetings in 1999 stand out as practices that should be combated robustly by multilateral institutions.
- 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)
- Governance & Rule of Law
- Person(s) affected
- Activists
- 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. 20
- Paragraph text
- [International human rights instruments that protect the rights of particular groups specifically recognize directly or indirectly the rights to freedom of peaceful assembly and of association for those groups:] The Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms explicitly recognizes the rights of human rights defenders to peacefully assemble, to form, join and participate in non-governmental organizations, associations or groups and to communicate with non-governmental and intergovernmental organizations (art. 5). In its resolution 22/6, the Human Rights Council recognized the importance of the rights to freedom of peaceful assembly and of association for defenders.
- 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
- Person(s) affected
- Activists
- Year
- 2014
Paragraph
Comparative study of enabling environments for associations and businesses 2015, para. 64
- Paragraph text
- The United States has exhibited harsher treatment of associations for violating the Anti-Terrorism Act, which prohibits "knowingly provid[ing] material support", including funding, to terrorist organizations. In March 2007, Chiquita Brands International was only fined for knowingly making direct payments to terrorists for protection from violence in Colombia, whereas, nine United States charities have been shut down for similar alleged violations since 2001.
- 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)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Activists
- Year
- 2015
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 77
- Paragraph text
- The Special Rapporteur will continue to work with the Special Rapporteur on the promotion and protection of the rights to freedom of opinion and expression and the Special Rapporteur on the situation of human rights defenders, with whom there already exists a well-established pattern of close cooperation. At the same time, she will engage with other relevant mandate holders with a view to coordinating efforts, while avoiding overlapping and duplication of work.
- 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
- Person(s) affected
- Activists
- Year
- 2017
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 14
- Paragraph text
- Further, the lack of effective cross-border and national legal and enforcement frameworks rewards and spreads non-compliance, even lawlessness. Violence by State and private actors against trade unionists, rights activists and peacefully striking workers often deals the final blow to workers' attempts to exercise their assembly and association rights.
- 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)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2016
Paragraph
The rights to freedom of peaceful assembly and of association in the context of natural resource exploitation projects 2015, para. 34
- Paragraph text
- Legal mechanisms, such as injunctions, civil damages and trespass and defamation suits, are often used to curtail the work of civil society organizations and individuals engaged in defending rights in the context of natural resource exploitation. The increasing use of socalled "strategic litigation against public participation" suits is of concern because of the chilling effect the proceedings may have on the legitimate expression of dissent or opposition, including through peaceful protest. These suits may be brought by corporations against individuals or associations that are critical of natural resource exploitation activities in order to intimidate them or deter them from their work by burdening them with litigation costs and damages they may be unable to pay. The Special Rapporteur emphasizes that an independent judiciary should play a positive role in recognizing and upholding international human rights standards , especially in contexts where human rights defenders and communities are subjected to legal proceedings for exercising their rights to freedom of peaceful assembly and association.
- 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
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2015
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 70
- Paragraph text
- The Government of Egypt has shut down civic space, banning virtually all strikes and protests, and is cracking down on journalists and their union. On 1 May 2016, police prevented hundreds of workers from meeting at the union building to commemorate International Workers' Day.
- 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)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2016
Paragraph
Best practices that promote and protect the rights to freedom of peaceful assembly and of association 2012, para. 33
- Paragraph text
- The Special Rapporteur stresses that States have a positive obligation to actively protect peaceful assemblies. Such obligation includes the protection of participants of peaceful assemblies from individuals or groups of individuals, including agents provocateurs and counter-demonstrators, who aim at disrupting or dispersing such assemblies. Such individuals include those belonging to the State apparatus or working on its behalf. The organizers and stewards of assemblies should not assume this obligation. The Special Rapporteur believes that such responsibility should always be explicitly stated in domestic legislation, as it is in, inter alia, the Republic of Moldova, Serbia and Slovenia. In Armenia, organizers may request police officials to remove provocateurs from the assembly venue (even if in practice the implementation of this provision is reportedly sometimes problematic). The Special Rapporteur holds as a good practice the establishment in Estonia of a Police Rapid Response Unit (riot police) which aims at protecting peaceful demonstrators against attacks by provocateurs and counter-demonstrators and is trained in how to separate the main provocateurs from peaceful demonstrators.
- 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
- Person(s) affected
- Activists
- Year
- 2012
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the context of multilateral institutions 2014, para. 68
- Paragraph text
- Civil society actors communicating with United Nations treaty bodies were similarly subject to reprisals. In 2012, a human rights defender from Belarus was temporarily forbidden to leave the country after he participated in an NGO briefing to the Committee against Torture on Belarus during its forty-seventh session. In 2013, two Cuban NGO representatives were harassed and intimidated by a State official and members of government organized NGOs during the fifty-fifth session of the Committee on Discrimination against Women. In 2013, the premises of an Egyptian NGO were raided and members arrested after having cooperated with the Committee on Economic, Social and Cultural Rights. In 2010, several indigenous organizations from Guatemala were subject to a smear campaign following their participation in the seventy-sixth session of the Committee on the Elimination of Racial Discrimination. In 2012, two NGOs were charged under the Russian foreign agent legislation following submissions they made to the Committee against Torture during the consideration of the fifth periodic report of the Russian Federation.
- 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)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Activists
- Ethnic minorities
- Women
- Year
- 2014
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the context of multilateral institutions 2014, para. 65
- Paragraph text
- There have been repeated instances of reprisals against individuals, or their relatives, participating or seeking to participate in sessions of the Human Rights Council. The most dramatic forms of retaliation involved the loss of lives. For instance, Cao Shunli, a Chinese human rights defender who worked on increasing citizen inputs to the preparations of China's UPR, was arrested in September 2013 before boarding her flight to Geneva to participate in a human rights seminar and observe China's UPR. She was subsequently charged with the crime of "provocation". While in detention, her health dramatically deteriorated as she was allegedly denied medical treatment. She died on 14 March 2014. In December 2008, Edwin Legarda, an indigenous leader and husband of Aida Quilcué Vivas, was killed by security forces on his way to collect his wife at the airport. She was returning from Geneva, where she had participated in the UPR session of Colombia. Six former members of the military were subsequently arrested, tried and sentenced to 40 years' imprisonment.
- 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)
- Governance & Rule of Law
- Person(s) affected
- Activists
- Ethnic minorities
- Families
- Year
- 2014
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the context of elections 2013, para. 40
- Paragraph text
- Since the inception of his mandate, the Special Rapporteur has received numerous allegations to the effect that, during electoral periods, political leaders and supporters, particularly from the opposition, face heightened risks. Prior to, during and after an election, those who voice or have voiced dissent are in many countries subject to, inter alia, harassment, intimidation, corruption attempts, reprisals, arbitrary arrests and imprisonment, solely on account of their political opinions or beliefs. In this respect, the Special Rapporteur is disturbed about the case of an opposition leader from Belarus who was subject, in 2011, to a harsh sentencing, after he participated in a rally protesting the outcome of the presidential elections on 19 December 2011. In the Islamic Republic of Iran, concern was expressed in relation to former presidential candidates who staged a rally in solidarity with protesters in Egypt, for which they had sought permission from the authorities, and who have been kept largely "incommunicado" in their homes since February 2011.
- 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
- Person(s) affected
- Activists
- Year
- 2013
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The exercise of the rights to freedom of peaceful assembly and of association in the context of elections 2013, para. 52
- Paragraph text
- In other cases, civic activists faced arbitrary detention and long prison terms after unfair trials. In Belarus, where multiple home and office raids, arrests, trials and detention of numerous human rights defenders active in civic associations took place as a result of their legitimate human rights activities during the presidential elections in December 2010, including the sentencing of the Chairperson of the Human Rights Centre "Viasna" to four and one-half years in detention. In the Islamic Republic of Iran, a prominent lawyer was sentenced in 2011 to 11 years of imprisonment, which was later reduced to a six-year prison term, and a 10-year ban on practising as a lawyer for "propaganda against the State", "collusion and gathering with the aim of acting against national security" and "membership of the Defenders of Human Rights Centre". The accusations brought against the human rights lawyer were allegedly based on interviews she had had with media in relation to her clients, who had been imprisoned after the June 2009 presidential election in the Islamic Republic of Iran.
- 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
- Person(s) affected
- Activists
- Year
- 2013
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