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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
Assistance to Somalia in the field of human rights (2016), para. 22
- Original document
- Paragraph text
- 6. Expresses concern at the attacks against and harassment of human rights defenders, including journalists, in Somalia, and urges the authorities to continue efforts to prohibit, prevent and protect against all kidnapping, killings, attacks, acts of intimidation and harassment of journalists, in order to promote respect for the freedom of expression and opinion and to end the culture of impunity, holding accountable those who commit any such related crimes;
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Violence
- Person(s) affected
- Activists
Paragraph
Assistance to Somalia in the field of human rights (2016), para. 36
- Original document
- Paragraph text
- (f) To initiate timely, effective, impartial and transparent investigations into killings of journalists and to prosecute all those responsible for unlawful acts, in a manner in line with provisions in the media law and in a manner that is equally consistent with other applicable domestic and international legal obligations, to create security and space for a free press to operate, and to take measures to protect and support, in law and in practice, a safe and enabling environment in which civil society and human rights defenders can operate free from hindrance and insecurity, in particular in view of the forthcoming election process;
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Activists
Paragraph
Assistance to Somalia in the field of human rights (2017), para. 23
- Original document
- Paragraph text
- 6. Also expresses concern at the attacks against and harassment of human rights defenders and the media, including journalists, in Somalia, and emphasizes the need to promote respect for freedom of expression and opinion and to end impunity, holding accountable those who commit any such related crimes;
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Violence
- Person(s) affected
- Activists
Paragraph
Assistance to Somalia in the field of human rights (2017), para. 34
- Original document
- Paragraph text
- (i) To implement the media protection law to protect and uphold freedom of expression and a free media and to create a safe and enabling environment in which journalists and human rights defenders can operate free from hindrance and insecurity, to continue efforts to prohibit, prevent and protect against all kidnapping, killings, attacks, acts of intimidation against and harassment of journalists, to initiate timely, effective, impartial and transparent investigations into killings of journalists, and to prosecute all those responsible for unlawful acts in a manner that is in line with provisions in the media protection law and is consistent with other applicable domestic and international legal obligations;
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Activists
Paragraph
Assistance to Somalia in the field of human rights (2018), para. 26
- Original document
- Paragraph text
- 7. Also expresses concern at the attacks against and harassment of human rights defenders and the media in Somalia, including journalists, especially in the form of arbitrary arrest or prolonged detention, and emphasizes the need to promote respect for freedom of expression and opinion and to end impunity, holding accountable those who commit any such related crimes;
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Violence
- Person(s) affected
- Activists
Paragraph
Assistance to Somalia in the field of human rights (2018), para. 38
- Original document
- Paragraph text
- (j) To implement fully the media protection law, to protect and uphold freedom of expression and a free media, to create a safe and enabling environment in which journalists and human rights defenders can operate free from hindrance and insecurity, to continue efforts to prohibit, prevent and protect against all kidnappings, killings, attacks, acts of intimidation and harassment of journalists, to initiate timely, effective, impartial and transparent investigations into the killings of journalists, and to prosecute all those responsible for unlawful acts in a manner that is in accordance with the provisions in the media protection law and is consistent with other applicable national and international legal obligations;
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Activists
Paragraph
Assistance to Somalia in the field of human rights (2019), para. 27
- Original document
- Paragraph text
- 5. Also expresses concern at the attacks against and harassment of human rights defenders and the media in Somalia, including journalists, especially in the form of harassment, arbitrary arrest or prolonged detention, and emphasizes the need to promote respect for freedom of expression and opinion and to end impunity, holding accountable those who commit any such related crimes;
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Violence
- Person(s) affected
- Activists
Paragraph
Assistance to Somalia in the field of human rights (2019), para. 45
- Original document
- Paragraph text
- (n) To implement fully the media protection law, to protect and uphold freedom of expression and a free media, to create a safe and enabling environment in which journalists and human rights defenders can operate free from hindrance and insecurity, to continue ongoing efforts to prohibit, prevent and protect against all kidnappings, killings, attacks, acts of intimidation and harassment of journalists, to initiate timely, effective, impartial and transparent investigations into the killings of journalists, and to prosecute all those responsible for unlawful acts in a manner that is in accordance with the provisions in the media protection law and is consistent with other applicable national and international legal obligations;
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Activists
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. 48
- Paragraph text
- The Special Rapporteur refers to the report to the General Assembly of the then Special Representative of the Secretary-General on the situation of human rights defenders, who stated that "monitoring of assemblies can provide an impartial and objective account of what takes place, including a factual record of the conduct of both participants and law enforcement officials. This is a valuable contribution to the effective enjoyment of the right to peaceful assembly. The very presence of human rights monitors during demonstrations can deter human rights violations. It is therefore important to allow human rights defenders to operate freely in the context of freedom of assembly" (A/62/225, para. 91). Such defenders include members of civil society organizations, journalists, "citizen journalists", bloggers and representatives of national human rights institutions.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Person(s) affected
- 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
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. 11
- Paragraph text
- For the purposes of the report, the groups most at risk will also include groups and individuals who are targeted not because of their identity, but because they actively lobby for the rights of those most at risk of discrimination and retribution. Human rights defenders, including journalists, trade unionists and environmental activists, among others, face considerable opposition, harassment, stigmatization and even physical attacks from State and non-State actors in many countries.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Environment
- Equality & Inclusion
- 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.
- 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. 32
- Paragraph text
- Numerous jurisdictions have in recent years banned peaceful protesters from covering their faces during demonstrations, motivated by fears that demonstrators who wear masks or hoods could engage in violence and escape punishment due to their concealed identities. Besides the fact that violent acts during peaceful demonstrations are already illegal under the laws of virtually every jurisdiction, the Special Rapporteur is concerned that bans on face coverings during assemblies are in some circumstances used to target particular groups and improperly curtail their right to freedom of peaceful assembly.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Person(s) affected
- 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. 44
- Paragraph text
- Moreover, arbitrary differences in the policing of peaceful assemblies are a concern in some Member States. In 2012, for example, the Minister for Ethics and Integrity of Uganda allegedly intervened to disrupt two private civil society workshops: one on the monitoring of human rights violations, and another on the human rights of LGBTI people. Participants say that both workshops were targeted because they addressed the rights of LGBTI people.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Person(s) affected
- Activists
- LGBTQI+
- 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
Civil society space (2016), para. 05
- Original document
- Paragraph text
- Recalling further all other Human Rights Council resolutions relevant to creating and maintaining civil society space, inter alia, those addressing freedom of opinion and expression; the rights to freedom of peaceful assembly and of association; protecting human rights defenders; equal participation in political and public affairs; cooperation with the United Nations, its representatives and mechanisms in the field of human rights; promotion and protection of human rights in the context of peaceful protests; and the promotion, protection and enjoyment of human rights on the Internet,
- Topic(s)
- Civil & Political Rights
- Person(s) affected
- Activists
Paragraph
Civil society space (2016), para. 08
- Original document
- Paragraph text
- Welcoming also the awarding of the Nobel Peace Prize to various civil society actors and human rights defenders as recognition of the decisive contribution that civil society can make in the promotion of human rights, the creation of peaceful dialogue and the building of pluralistic democracies, including the award to the civil society-led National Dialogue Quartet in 2015,
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Activists
Paragraph
Civil society space 2016, para. 5
- Paragraph text
- Recalling further all other Human Rights Council resolutions relevant to creating and maintaining civil society space, inter alia, those addressing freedom of opinion and expression; the rights to freedom of peaceful assembly and of association; protecting human rights defenders; equal participation in political and public affairs; cooperation with the United Nations, its representatives and mechanisms in the field of human rights; promotion and protection of human rights in the context of peaceful protests; and the promotion, protection and enjoyment of human rights on the Internet,
- Body
- United Nations Human Rights Council
- Document type
- Resolution
- Topic(s)
- Civil & Political Rights
- Person(s) affected
- Activists
- Year
- 2016
Paragraph
Civil society space: creating and maintaining, in law and in practice, a safe and enabling environment (2013), para. 04
- Original document
- Paragraph text
- Recalling also all Human Rights Council resolutions relevant to civil society space, inter alia, resolutions 12/2 of 1 October 2009, on cooperation with the United Nations, its representatives and mechanisms in the field of human rights, 12/16 of 2 October 2009, on freedom of opinion and expression, 21/16 of 27 September 2012, on the rights to freedom of peaceful assembly and of association, 22/6 of 21 March 2013, on protecting human rights defenders, and 22/10 of 21 March 2013, on the promotion and protection of human rights in the context of peaceful protests,
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Activists
Paragraph
Civil society space: engagement with international and regional organizations (2018), para. 06
- Original document
- Paragraph text
- Recalling also all other Human Rights Council and General Assembly resolutions relevant to creating and maintaining civil society space, inter alia, those addressing freedom of opinion and expression; the rights to freedom of peaceful assembly and of association; protecting human rights defenders; equal participation in political and public affairs; cooperation with the United Nations, its representatives and mechanisms in the field of human rights; the promotion and protection of human rights in the context of peaceful protests; and the promotion, protection and enjoyment of human rights on the Internet,
- Topic(s)
- Civil & Political Rights
- Person(s) affected
- Activists
Paragraph
Civil society space: engagement with international and regional organizations (2018), para. 12
- Original document
- Paragraph text
- Welcoming also the fundamental contribution that civil society and human rights defenders make to the promotion of human rights, the creation of peaceful dialogue and the building of pluralistic democracies,
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Activists
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
Contemporary challenges to freedom of expression 2016, para. 22
- Paragraph text
- In 2016, the Human Rights Council condemned unequivocally measures to intentionally prevent or disrupt access to or dissemination of information online in violation of international human rights law and called upon all States to refrain from and cease such measures (see Council resolution 32/13, para. 10). The blocking of Internet platforms and the shutting down of telecommunications infrastructure are persistent threats, for even if they are premised on national security or public order, they tend to block the communications of often millions of individuals (A/HRC/32/38, paras. 45-48). In a joint declaration in 2015, United Nations and regional experts in the field of freedom of expression condemned Internet shutdowns (or "kill switches") as unlawful. Similarly, the detention of bloggers and online journalists and other forms of attack on digital expression often rest on assertions of national security without demonstration of the necessity of such restrictions.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2016
Paragraph
Contemporary challenges to freedom of expression 2016, para. 34
- Paragraph text
- Punishment for defamation of government officials is widespread and directly interferes with freedom of expression, whether by imposing penalties on expression or dissuading individuals from criticizing officials or government policy. Journalists and writers are regular targets of defamation prosecutions or civil lawsuits. In Angola, for instance, the Government charged and convicted an author of criminal defamation upon publication of a book on conflict diamonds and corruption in the country. Honduran officials have reportedly intimidated journalists and human rights defenders on charges of defamation. In Tajikistan, while the Government has eliminated criminal penalties for defamation in most cases (but not for defamation of the President), government officials may still bring civil defamation lawsuits against journalists or publishers. Particularly with respect to public figures, national laws should be careful to ensure that any respondent in a defamation case may raise a public interest defence, and even untrue statements made in error and without malice should not be rendered unlawful or subject to penalty (see Human Rights Committee, general comment No. 34, para. 47). The joint declaration on freedom of expression of 2000 by the Special Rapporteur, the Representative on Freedom of the Media of the Organization for Security and Cooperation in Europe and the Special Rapporteur for Freedom of Expression of the Inter-American Commission on Human Rights cautioned against sanctioning defamation such that it chills the exercise of freedom of expression itself.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2016
Paragraph
Contemporary challenges to freedom of expression 2016, para. 46
- Paragraph text
- The right to freedom of opinion and expression must be respected "without distinction of any kind" (see article 2 (1) of the Covenant). Members of some groups, however, often face particular discrimination when it comes to the implementation of restrictions on expression. The Special Rapporteurs on the rights to freedom of peaceful assembly and of association, on the situation of human rights defenders and on the independence of judges and lawyers address issues pertaining to human rights defenders and non-governmental organizations (NGOs), often in collaboration with the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression. Given their focus and detailed reporting, I will not highlight here our shared concerns about restrictions imposed against NGOs, human rights defenders environmental activists, refugees and lawyers. Instead I will highlight several other groups whose expression is particularly subject to repression.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Environment
- Person(s) affected
- Activists
- Persons on the move
- Year
- 2016
Paragraph
Contemporary challenges to freedom of expression 2016, para. 48
- Paragraph text
- Women may also face particular restrictions targeting their expression. In 2013, the Human Rights Council affirmed the fundamental role that freedom of opinion and expression plays in the ability of women to interact with society at large, in particular in the realms of economic and political participation, and called upon States to promote, respect and ensure women's exercise of freedom of opinion and expression, both online and offline, including as members of NGOs and other associations (see Council resolution 23/2). Unfortunately, this commitment remains largely unfulfilled in many parts of the world. In 2014, in Saudi Arabia, two advocates for the rights of women were detained for driving. Earlier in 2016, I, along with other mandate holders, raised concerns about the systematic attacks and threats of sexual and physical violence made against three women human rights defenders and two women human rights lawyers in the State of Chhattisgarh, India.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Gender
- Violence
- Person(s) affected
- Activists
- Women
- Year
- 2016
Paragraph
Contemporary challenges to freedom of expression 2016, para. 50
- Paragraph text
- While the threats to freedom of expression worldwide are severe, there remain important efforts to sustain a commitment to article 19. In the wake of the attacks in Paris in January 2015, dozens of the highest leaders of States gathered for a public demonstration that was, nominally, to support the right to freedom of expression and oppose terrorism. The moment proved to be as much theatre as commitment to law and policy, as no overarching Government-led effort to promote freedom of expression - such as the protection of journalists and artists - followed. Still, one may point to concrete examples that deserve to be emulated. Importantly, many (if not most) Governments proclaim in their Constitutions the right everyone enjoys to freedom of expression. Egypt's is typical, protecting in article 65 the freedom of expression "verbally, in writing, through imagery, or by any other means of expression and publication".
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Activists
- Year
- 2016
Paragraph
Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms (2002), para. 05
- Paragraph text
- Noting also with deep concern the considerable number of communications received by the Special Representative of the Secretary-General on human rights defenders that, together with the reports submitted by some of the special procedure mechanisms, indicate the serious nature of the risks faced by human rights defenders,
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Activists
Paragraph