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Ability of associations to access financial resources as a vital part of the right to freedom of association & Ability to hold peaceful assemblies as an integral component of the right to freedom of peaceful assembly 2013, para. 33
- Paragraph text
- In addition to the fact that justification on the grounds of State sovereignty violates international norms and standards related to freedom of association, the Special Rapporteur is extremely concerned about increased denigration and unfounded accusations against individuals and organizations receiving foreign funding. Special procedures mechanisms have expressed their particular dismay about cases of vicious verbal attacks, intimidation, property damage, physical assaults and even criminalization against activists accused of having ties to a foreign entity, on the sole ground that they had allegedly received foreign funding (e.g. Azerbaijan, Uzbekistan). Allowing or inciting public discredit on individuals' or organizations' honour and reputation or inciting nationalist and xenophobic sentiment is likely to cause associations to engage in self-censorship and, more gravely, to incite hatred and fuel further human rights violations.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2013
Paragraph
Ability of associations to access financial resources as a vital part of the right to freedom of association & Ability to hold peaceful assemblies as an integral component of the right to freedom of peaceful assembly 2013, para. 67
- Paragraph text
- In this connection, the IACHR stressed that "the competent institutions of the State have a duty to design operating plans and procedures that will facilitate the exercise of the right of assembly,.[including] rerouting pedestrian and vehicular traffic in a certain area". An assembly causes only a temporary obstruction to traffic, that is, a temporary interference with the rights and activities of others. The Special Rapporteur finds it troubling that in some States, street protests are forbidden under domestic legislation (Malaysia); it is prohibited for street marches to impede the movement of traffic and pedestrians (Belarus); mass gatherings are prohibited and subject to a heavy fine as they may, inter alia, disrupt traffic and transportation (Russian Federation); application to hold a peaceful assembly to celebrate International Peace Day was rejected by the authorities, allegedly because it would have, inter alia, disrupted traffic (Myanmar); women human rights defenders have repeatedly been arrested and detained for disrupting traffic during peaceful street marches (Zimbabwe).
- 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
- Women
- Year
- 2013
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.
- 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
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.
- 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
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.
- 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
Best practices that promote and protect the rights to freedom of peaceful assembly and of association 2012, para. 51
- Paragraph text
- An "association" refers to any groups of individuals or any legal entities brought together in order to collectively act, express, promote, pursue or defend a field of common interests (see report of the Special Representative of the Secretary-General on human rights defenders, A/59/401, para. 46).
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2012
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).
- 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
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.
- 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. 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.
- 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
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.
- 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
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.
- 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
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.
- 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
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.
- 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
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.
- 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
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 45
- Paragraph text
- The Constitution of the Republic of Cuba states that the Communist Party is the superior leading force of the society and the State, organizing and guiding common efforts, effectively eliminating the ability of those with competing ideologies to engage seriously in public life. The rights to freedom of peaceful assembly and of association are guaranteed by the Constitution, but in practice these rights cannot be used to peacefully criticize the ruling party or its policies. For instance, in 2012 a group of protestors were reportedly arrested and physically assaulted by the police when they were peacefully demonstrating in Havana against hunger and poverty in the country (see A/HRC/20/30, case CUB 5/2011). Technically, the existence of other political parties was legalized in 1992, but none of these groups performs the function of a true opposition party due to the constitutional dominance of the Communist Party and restrictions on campaigning and the conduct of political activities.
- 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).
- 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 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.
- 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.
- 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
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.
- 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. 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.
- 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. 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.
- 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. 51
- Paragraph text
- It is disturbing that in the context of elections, some States resort to intimidation, harassment, civil and criminal defamation, or threats against associations' leaders who aim to express their opinions, grievances and aspirations. The Special Rapporteur expresses grave concerns about the following situations where international human rights norms and standards related to freedom of association were violated. In Malaysia, one of the leaders of the Coalition for Fair and Free Elections who has monitored the 2013 elections in the country, had been, on various occasions, the target of severe and sustained acts of harassment, intimidation and smear campaign describing her as "an enemy who tried to smear the nation's name". In Nicaragua, human rights defenders active in associations, who expressed concerns over a decision of the Constitutional Court allowing for the re-election of the President were reportedly subjected to death threats, assaults and acts of intimidation. In Rwanda, a regional umbrella organization working on human rights issues in the country reportedly experienced threats and intimidation after it published a controversial report on legislative elections.
- 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. 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.
- 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.
- 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
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.
- 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 multilateral institutions 2014, para. 67
- Paragraph text
- Activists from Bahrain, Malawi, Sri Lanka participating in Human Rights Council sessions have had their names and pictures taken by State representatives and reproduced in local newspapers and social media, and been accused of tarnishing the image of their respective countries. In Malaysia, the Coalition of Malaysian NGOs (COMANGO) was the subject of a smear campaign run by various groups after it had made submissions to Malaysia's second UPR in 2013. A local newspaper and Islamic organizations made inflammatory comments against COMANGO, and the Malaysian Ministry of Home Affairs subsequently declared it illegal, before backtracking on its position a few months later. In Saudi Arabia, civil society activists who participated in United Nations forums to report on human rights violations in the country have been labelled as "terrorists" or acting against Islam.
- 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
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.
- 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. 69
- Paragraph text
- The Special Rapporteur remains deeply concerned about the enforced disappearance of the Laotian human rights defender Mr. Somphone in December 2012. Prior to his disappearance, Mr. Somphone had been involved in the organization of the Asia-Europe People's Forum held alongside the Asia-Europe Meeting Summit in November 2012. He had tried to address alleged threats from officials against the participants of the People's Forum who had spoken out against the practice of land grabbing. Moreover, in Azerbaijan, in January 2013, law enforcement authorities arrested a large group of peaceful protestors in Baku a few days after a delegation of human rights defenders returned from an advocacy trip to the Council of Europe. During that trip, the delegation had welcomed the adoption of a resolution by the Parliamentary Assembly of the Council of Europe expressing concern about the human rights situation in Azerbaijan.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Activists
- Year
- 2014
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The exercise of the rights to freedom of peaceful assembly and of association in the context of multilateral institutions 2014, para. 81
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- 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.
- 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
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.
- 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
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