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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. 75
- Paragraph text
- Moreover, in May 2014, the Committee voted the closure of the application of the Fundación Centro para la Apertura y el Desarrollo de América Latina, at the request of Cuba (with the support of China, the Russian Federation and the Bolivarian Republic of Venezuela), which claimed that the organization is engaged in "subversive activities". Furthermore and despite repeated attempts, the NGO Human Rights in China has yet to be accredited by the Committee owing to the opposition of the Government of China, which has questioned the legitimacy of the organization.
- 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
- N.A.
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the context of multilateral institutions 2014, para. 77
- Paragraph text
- Additionally, the Committee places obstacles to accredited NGOs by intentionally deferring consideration of the quadrennial reports that they are requested to produce. In January 2014, the Committee deferred 11 reports of NGOs, including Human Rights Watch, following questions from Cuba and the Russian Federation. In addition, the Committee postponed further consideration of all 23 previously deferred quadrennial reports of organizations such as Amnesty International, Freedom House, Human Rights First, International PEN, and Reporters sans frontières international (see E/2014/32 (Part I)).
- 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
- N.A.
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the context of multilateral institutions 2014, para. 79
- Paragraph text
- The Special Rapporteur is similarly concerned about the so-called "no objection" procedure which allows for the participation of NGOs without consultative status in United Nations high-level events, unless States object to it. However, States which object do not have to provide any justification and remain anonymous. The Special Rapporteur was informed that States have increasingly used this procedure to restrict the access of NGOs in several meetings at United Nations Headquarters, for instance during the 2013 high-level meeting of the General Assembly on the realization of the Millennium Development Goals for persons with disabilities, the 2013 high-level dialogue on international migration and development, and the high-level meeting on rule of 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
- Movement
- Person(s) affected
- Persons with disabilities
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the context of multilateral institutions 2014, para. 82
- Paragraph text
- To counterbalance critical voices at home and abroad, States have resorted to sending GONGOs (government-operated NGOs) to multilateral arenas. Such organizations have made statements, and organized side-events in the margins of sessions, in support of States' policies (e.g. GONGOs from the Islamic Republic of Iran and the Sudan). While the Special Rapporteur recognizes that they are a manifestation of the exercise of the right to freedom of association, he notes with concern that such organizations have often monopolized the space meant for independent associations. In his view, multilateral institutions should strike a balance, bearing in mind the principles of broad-mindedness, tolerance and diversity of voices.
- 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
- N.A.
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the context of multilateral institutions 2014, para. 86
- Paragraph text
- The Special Rapporteur reiterates that the ability to peacefully assemble and freely associate is a key aspect of a vibrant democracy and critical for development. In today's globalized world, the meaning and practice of democracy stretches beyond national boundaries. Multilateral entities thus have positive responsibilities to actively protect peaceful assemblies and to establish and maintain an enabling environment for civil society. This is all the more valid when multilateral institutions claim to represent States, which are the primary actors accountable for the respect and promotion of civil liberties. In addition, the Special Rapporteur underlines the obligation of States to protect and facilitate the rights to freedom of peaceful assembly and of association of those engaging with multilateral institutions.
- 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
- 2014
- Date added
- Aug 19, 2019
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the context of multilateral institutions 2014, para. 87a (i)
- Paragraph text
- [The Special Rapporteur calls, therefore, upon multilateral institutions to:] Implement thorough and consistent policies that emphasize the importance of substantive engagement with civil society organizations and recognize that participation at the multilateral level is an inherent component of the right to freedom of association. Such a policy should grant civil society: Full and effective participation in all activities (including planning, agenda setting, decision-making and policymaking);
- 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
- N.A.
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the context of multilateral institutions 2014, para. 87a (ii)
- Paragraph text
- [The Special Rapporteur calls, therefore, upon multilateral institutions to:] Implement thorough and consistent policies that emphasize the importance of substantive engagement with civil society organizations and recognize that participation at the multilateral level is an inherent component of the right to freedom of association. Such a policy should grant civil society: Access to all meetings, processes and bodies (including through the final stages of decision-making) at all levels;
- 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
- N.A.
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the context of multilateral institutions 2014, para. 87a (iii)
- Paragraph text
- [The Special Rapporteur calls, therefore, upon multilateral institutions to:] Implement thorough and consistent policies that emphasize the importance of substantive engagement with civil society organizations and recognize that participation at the multilateral level is an inherent component of the right to freedom of association. Such a policy should grant civil society: Speaking rights in all meetings, as a rule, with the same opportunities as Governments and private sector entities to express views and opinions;
- 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
- N.A.
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the context of multilateral institutions 2014, para. 87g
- Paragraph text
- [The Special Rapporteur calls, therefore, upon multilateral institutions to:] Undertake studies on comparative good practices in civil society engagement, with recommendations on critical areas for improvement in accordance with international standards, and establish accountability mechanisms, such as the World Bank's Inspection Panel. Such a system should also include a means for individuals and organizations to file a complaint if they believe they have been subject to reprisals because of their cooperation with - or action to oppose - the multilateral organization or one of its programmes;
- 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
- N.A.
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the context of multilateral institutions 2014, para. 87k
- Paragraph text
- [The Special Rapporteur calls, therefore, upon multilateral institutions to:] Ensure that they have comprehensive and fair access to information policies in place, and that these policies include, inter alia, guarantees of timely and easy access to all information and documents, a limited list of specific exemptions, a public interest test, and an independent appeals board. In this regard, the Special Rapporteur recommends The Global Transparency Initiative's Transparency Charter for International Financial Institutions as a model;
- 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
- N.A.
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the context of multilateral institutions 2014, para. 87l
- Paragraph text
- [The Special Rapporteur calls, therefore, upon multilateral institutions to:] Have strict internal guidelines governing the policing of assemblies, rather than simply handing this function over to local authorities. These guidelines should mirror international law and good practices. Moreover, multilateral organizations should not organize major events likely to draw protests in locations where they cannot receive assurances that local authorities have the political will and technical capacity to uphold international standards. The Special Rapporteur also strongly recommends that multilateral institutions require domestic authorities to produce a report detailing how demonstrations, protests and other public gatherings around international events were managed by police, and that such reports be made public.
- 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
- N.A.
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Best practices that promote and protect the rights to freedom of peaceful assembly and of association 2012, para. 67
- Paragraph text
- The ability for associations to access funding and resources is an integral and vital part of the right to freedom of association. The Special Rapporteur makes reference to ILO principles which underline that "provisions which give the authorities the right to restrict the freedom of a trade union to administer and utilize its funds as it wishes … are incompatible with the principles of freedom of association". Numerous United Nations human rights bodies have also emphasized the principle that associations should access funding freely.
- 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
- N.A.
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Best practices that promote and protect the rights to freedom of peaceful assembly and of association 2012, para. 68
- Paragraph text
- Any associations, both registered or unregistered, should have the right to seek and secure funding and resources from domestic, foreign, and international entities, including individuals, businesses, civil society organizations, Governments and international organizations. Nonetheless, the Special Rapporteur notes with concerns that, in some countries, only registered associations are eligible for funding and resources. In this context, it appears essential that rules regulating the creation of associations comply with the aforementioned identified best practices to allow any associations to access funding and resources.
- 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
- N.A.
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Best practices that promote and protect the rights to freedom of peaceful assembly and of association 2012, para. 70
- Paragraph text
- States have a responsibility to address money-laundering and terrorism, but this should never be used as a justification to undermine the credibility of the concerned association, nor to unduly impede its legitimate work. In order to ensure that associations are not abused by terrorist organizations, States should use alternative mechanisms to mitigate the risk, such as through banking laws and criminal laws that prohibit acts of terrorism. In this context, all United Nations agencies, notably those focusing on actions countering terrorism, have a key role to play and bear the moral responsibility to ensure that human rights in general, and freedom of association in particular, are not impaired by counter-terrorism and anti-money-laundering regulations. All measures adopted in this context should promote transparency and engender greater confidence in the sector, across the donor community and with the general public so that charitable funds and services reach intended legitimate beneficiaries.
- 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
- N.A.
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Best practices that promote and protect the rights to freedom of peaceful assembly and of association 2012, para. 76
- Paragraph text
- According to ILO jurisprudence, decisions to dissolve labour organizations "should only occur in extremely serious cases; such dissolutions should only happen following a judicial decision so that the rights of defence are fully guaranteed". The Special Rapporteur values as best practice legislation that stipulates that such drastic measures be taken by independent and impartial courts. In the United Republic of Tanzania, the case of an association working on gender equality that had been deregistered by the authorities was successfully overturned by the Constitutional Court.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Gender
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Best practices that promote and protect the rights to freedom of peaceful assembly and of association 2012, para. 78
- Paragraph text
- The Special Rapporteur considers as best practice legislation which provides for criminal and disciplinary sanctions against those who interfere with or violently disperse public assemblies through excessive use of force (e.g. Bulgaria, Burkina Faso, Colombia, Cote d'Ivoire, Cuba, Estonia, Japan, Kyrgyzstan, Portugal, Republic of Moldova, Serbia and Spain). More specifically, in Colombia, according to the law, the excessive or arbitrary use of force against peaceful demonstrators constitutes a grave breach, under the disciplinary regime for the national police. Similarly, in Portugal, a decree-law foresees sanctions against authorities who hinder the right to freedom of peaceful assembly, and article 382 of Criminal Code sets the applicable sanctions in relation to the abuse of power.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Humanitarian
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Best practices that promote and protect the rights to freedom of peaceful assembly and of association 2012, para. 27
- Paragraph text
- The Special Rapporteur stresses that the enjoyment of the right to hold and participate in peaceful assemblies entails the fulfilment by the State of its positive obligation to facilitate the exercise of this right. In this regard, he highlights the Law on Assembly in Armenia, which states that the police shall be obliged to facilitate peaceful assemblies (art. 32, para. 2). He further notes with interest the statement of the Her Majesty's Inspectorate of Constabulary of the United Kingdom, an independent assessment institution, which stated that "the police as a service has recognized and adopted the correct starting point for policing protest as the presumption in favour of facilitating peaceful protest".
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Best practices that promote and protect the rights to freedom of peaceful assembly and of association 2012, para. 28
- Paragraph text
- The Special Rapporteur believes that the exercise of fundamental freedoms should not be subject to previous authorization by the authorities (as explicitly expressed in the Spanish Constitution), but at the most to a prior notification procedure, whose rationale is to allow State authorities to facilitate the exercise of the right to freedom of peaceful assembly and to take measures to protect public safety and order and the rights and freedoms of others. Such a notification should be subject to a proportionality assessment, not unduly bureaucratic and be required a maximum of, for example, 48 hours prior to the day the assembly is planned to take place. A notification procedure is in force in several countries, including Armenia, Austria, Canada, Cote d'Ivoire, Finland, Indonesia, Morocco, the Occupied Palestinian Territory, Portugal, Senegal, Serbia, and the United Republic of Tanzania. Prior notification should ideally be required only for large meetings or meetings which may disrupt road traffic. In the Republic of Moldova, any assembly of fewer than 50 participants may take place without prior notification and the change from an authorization to a notification procedure fostered an increase in the number of individuals exercising their right to freedom of peaceful assembly. In this context, the Special Rapporteur regrets that the law on demonstrations recently adopted by referendum in the canton of Geneva, Switzerland, provides for a fine of up to 100,000 Swiss francs for anyone who, inter alia, does not request an authorization to demonstrate or does not respect the content of the authorization.
- 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
- N.A.
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Best practices that promote and protect the rights to freedom of peaceful assembly and of association 2012, para. 32
- Paragraph text
- The Special Rapporteur notes the increased use of the Internet, in particular social media, and other information and communication technology, as basic tools which enable individuals to organize peaceful assemblies. However, some States have clamped down on these tools to deter or prevent citizens from exercising their right. In this connection, the Special Rapporteur refers to a recent report of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, in which he recommended, inter alia, that "all States [should] ensure that Internet access is maintained at all times, including during times of political unrest" (A/HRC/17/27, para. 79) and "any determination on what [website] content should be blocked must be undertaken by a competent judicial authority or a body which is independent of any political, commercial, or other unwarranted influences" (para. 70).
- 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
- All
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Best practices that promote and protect the rights to freedom of peaceful assembly and of association 2012, para. 14
- Paragraph text
- The right to freedom of peaceful assembly is guaranteed in article 21 of the Covenant on Civil and Political Rights and the right to freedom of association in article 22. They are also reflected in article 8 of the International Covenant on Economic, Social and Cultural Rights and in other specific international and regional human rights treaties or instruments, including 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 (art. 5).
- 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
- 2012
- Date added
- Aug 19, 2019
Paragraph
Best practices that promote and protect the rights to freedom of peaceful assembly and of association 2012, para. 15
- Paragraph text
- According to article 4 of the International Covenant on Civil and Political Rights, the right of peaceful assembly and the right to freedom of association are not absolute rights. Resolution 15/21 (OP 4) makes clear that they "can be subject to certain restrictions, which are prescribed by law and which are necessary in a democratic society in the interests of national security or public safety, public order (ordre public), the protection of public health or morals or the protection of the rights and freedoms of others".
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- All
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Best practices that promote and protect the rights to freedom of peaceful assembly and of association 2012, para. 16
- Paragraph text
- The Special Rapporteur emphasizes that only "certain" restrictions may be applied, which clearly means that freedom is to be considered the rule and its restriction the exception. He refers to general comment No. 27 (1999) of the Human Rights Committee on freedom of movement: "in adopting laws providing for restrictions … States should always be guided by the principle that the restrictions must not impair the essence of the right ... the relation between right and restriction, between norm and exception, must not be reversed". As a result, when States would like to restrict these rights, all the above conditions must be met. Any restrictions must therefore be motivated by one of the above limited interests, have a legal basis (be "prescribed by law", which implies that the law must be accessible and its provisions must be formulated with sufficient precision) and be "necessary in a democratic society".
- 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
- N.A.
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Best practices that promote and protect the rights to freedom of peaceful assembly and of association 2012, para. 19
- Paragraph text
- The Special Rapporteur further particularly emphasizes that the right to life and the right to be free from torture or cruel, inhuman or degrading treatment or punishment should be guaranteed by States to all individuals under all circumstances and at all times, including in the context of the exercise of the rights to freedom of association and of peaceful assembly, as prescribed by article 4 of the Covenant. The Special Rapporteur recalls that, according to the Human Rights Committee, during a state of emergency, the rights to freedom of peaceful assembly and of association shall not be derogated since "the possibility of restricting certain Covenant rights under the terms of, for instance … freedom of assembly is generally sufficient during such situations and no derogation from the provisions in question would be justified by the exigencies of the situation".
- 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
- 2012
- Date added
- Aug 19, 2019
Paragraph
Best practices that promote and protect the rights to freedom of peaceful assembly and of association 2012, para. 20
- Paragraph text
- The rights to freedom of peaceful assembly and of association are constitutionally guaranteed in most countries. In many States, specific domestic laws further govern the exercise of these rights. However, in many instances, domestic legislation in place listed grounds additional to those already prescribed by international human rights law or ambiguous. The Special Rapporteur warns against arbitrary interpretations of such grounds for restriction. He further cautions against an environment in which the enjoyment of these rights is seriously impeded.
- 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
- N.A.
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Best practices that promote and protect the rights to freedom of peaceful assembly and of association 2012, para. 35
- Paragraph text
- The right to life (art. 3 of the Universal Declaration on Human Rights and art. 6 of the Covenant on Civil and Political Rights) and the right to be free from torture or cruel, inhuman or degrading treatment or punishment (art. 5 of the Declaration and art. 7 of the Covenant) should be the overarching principles governing the policing of public assemblies, as stated by several countries. In this regard, soft law provisions - the Code of Conduct for Law Enforcement Officials (in particular articles 2 and 3) and the Basic Principles on the Use of Force and Firearms by Law Enforcement Officials (in particular principles 4, 9 and 13) - aim at guiding law enforcement officials when policing peaceful protests. In this connection, the Inter-American Court on Human Rights stated that the "pretext of maintenance of public security cannot be invoked to violate the right to life … the State must ensure that, if it is necessary to resort to physical means ... members of its armed forces and its security bodies will use only those means that are indispensable to control such situations in a rational and proportional manner, and respecting the rights to life and to humane treatment". The Special Rapporteur on extrajudicial, summary or arbitrary executions also stated that "the only circumstances warranting the use of firearms, including during demonstrations, is the imminent threat of death or serious injury" (A/HRC/17/28, para. 60). With regard to the use of tear gas, the Special Rapporteur recalls that gas does not discriminate between demonstrators and non-demonstrators, healthy people and people with health conditions. He also warns against any modification of the chemical composition of the gas for the sole purpose of inflicting severe pain on protestors and, indirectly, bystanders.
- 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
- 2012
- Date added
- Aug 19, 2019
Paragraph
Best practices that promote and protect the rights to freedom of peaceful assembly and of association 2012, para. 36
- Paragraph text
- The Special Rapporteur also refers to the Inter-American Commission on Human Rights list of administrative controls that should be put in place at the State level to ensure use of force during public assemblies on an exceptional basis. Among others, "(a) implementation of mechanisms to prohibit, in an effective manner, the use of lethal force as recourse in public demonstrations; (b) implementation of an ammunition registration and control system; (c) implementation of a communications records system to monitor operational orders, those responsible for them, and those carrying them out".
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- All
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Best practices that promote and protect the rights to freedom of peaceful assembly and of association 2012, para. 41
- Paragraph text
- The Special Rapporteur further concurs with the assessment of the ODIHR Panel of Experts that "the free flow of traffic should not automatically take precedence over freedom of peaceful assembly". In this regard, the Inter-American Commission on Human Rights has indicated 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". Furthermore, the Special Rapporteur points to a decision of the Spanish Constitutional Court which stated that "in a democratic society, the urban space is not only an area for circulation, but also for participation".
- 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
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Best practices that promote and protect the rights to freedom of peaceful assembly and of association 2012, para. 42
- Paragraph text
- The Special Rapporteur stresses the importance of the regulatory authorities providing assembly organizers with "timely and fulsome reasons for the imposition of any restrictions, and the possibility of an expedited appeal procedure". The organizers should be able to appeal before an independent and impartial court, which should take a decision promptly. In several States, the regulatory authority has the obligation to justify its decision (e.g. Senegal and Spain). In Bulgaria, the organizer of an assembly may file an appeal within three days of receipt of a decision banning an assembly; the competent administrative court shall then rule on the ban within 24 hours, and the decision of the court shall be announced immediately and is final. Similarly, in Estonia, a complaint may be filed with an administrative court, which is required to make a decision within the same or next day; the organizers may also launch a complaint with the Estonian Ombudsman.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Best practices that promote and protect the rights to freedom of peaceful assembly and of association 2012, para. 46
- Paragraph text
- Several good initiatives were brought to the attention of the Special Rapporteur, which should be replicated. In Burkina Faso, a seminar on "public demonstration and human rights: what strategy for a better collaboration between the different actors" was conducted by the Ministry of Justice and the Promotion of Human Rights for the benefit of security forces and NGOs. In Slovenia, training initiatives for law enforcements officials on the use of non-lethal instruments of constraint (such as batons, tear gas and water canons) when maintaining public order were delivered. In the United Kingdom, the police of several counties appointed an independent human rights lawyer to advise them on the legality and human rights implications of large-scale public order operations in relation to controversial protests.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Year
- 2012
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
Paragraph