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Title | Date added | Template | Original document | Paragraph text | Body | Document type | Thematics | Topic(s) | Person(s) affected | Year |
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The exercise of the rights to freedom of peaceful assembly and of association in the context of elections 2013, para. 4 | Aug 19, 2019 | Paragraph | Democracy, as a system through which the people participate directly or indirectly in the conduct of public affairs, has broad appeal across the globe. Elections, referendums and plebiscites, in which people choose their representatives and express their choice of laws or policies, are held in the majority of countries in the world. As stipulated in article 21 (3) of the Universal Declaration of Human rights, democracy is a process in which "[t]he will of the people [is] to be the basis of the authority of government". It is commonly thought of as a process with regular periodic, free and competitive elections to decide on policies directly or indirectly through chosen representatives that must be accountable to their electorate. In other words, democracy, as reflected in the electoral process, generally involves the use of clear predictable processes with uncertain outcomes, while a non-democracy can be identified by the fact that the whole electoral process is characterized by unclear and uncertain processes but with predictable outcomes. Nevertheless, the quality of elections is increasingly coming under scrutiny in order to ensure that election outcomes are representative of the will of the people. Elections confer legitimacy on Governments; if those elections are not considered to reflect the will of the people, therefore, a sense of discontent and disenfranchisement may result and sometimes cause violent conflict. In order to sustain the democratic ideal, it is necessary for regimes to uphold the rule of law, respect and protect human rights and remain vigilant and responsive to peoples' views and opinions at all times. | Special Rapporteur on the rights to freedom of peaceful assembly and association | Special Procedures' report |
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| 2013 | ||
The exercise of the rights to freedom of peaceful assembly and of association in the context of elections 2013, para. 46 | Aug 19, 2019 | Paragraph | The freedom of associations to engage in activities related to the electoral process should therefore be guaranteed to all associations, whether they are apolitical in their means and operations, partially or totally supportive of the Government or express criticism of Government policies. Hence, no associations should be compelled to express support for any electoral candidate. Nevertheless, it is important for any organization which voluntarily supports a particular candidate or a party in an election to be transparent in declaring its motivation, as its support may impact on elections' results. The Special Rapporteur is of the view that the strength of a democracy can be gauged by the extent to which diverse views and differing opinions are accommodated and even encouraged in public debate. | Special Rapporteur on the rights to freedom of peaceful assembly and association | Special Procedures' report |
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The exercise of the rights to freedom of peaceful assembly and of association in the context of elections 2013, para. 6 | Aug 19, 2019 | Paragraph | More specifically, the rights to freedom of peaceful assembly and of association are a critical means for individuals and groups of individuals to participate in public affairs. The exercise of such rights provides avenues through which people can aggregate and voice their concerns and interests and endeavour to fashion governance that responds to their issues. For example, such rights are essential in order to campaign and participate in public rallies, form political parties, participate in voter education activities, cast votes, observe and monitor elections and hold candidates and elected officials accountable. | Special Rapporteur on the rights to freedom of peaceful assembly and association | Special Procedures' report |
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The exercise of the rights to freedom of peaceful assembly and of association in the context of elections 2013, para. 8 | Aug 19, 2019 | Paragraph | The maintenance of peace during the voting process is necessary for the electorate to turn out and exercise their right to vote. Nevertheless, although important, it should not provide a justification for continuing electoral malpractices and unjustifiable restrictions on the rights to peaceful assembly and of association or other rights, for example, unlimited and uncontrolled bans on protests or demonstrations against election results. Where such rights are violated at any point during the electoral process, prompt and effective remedies should be available and accessible, presided over by impartial arbiters. | Special Rapporteur on the rights to freedom of peaceful assembly and association | Special Procedures' report |
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The exercise of the rights to freedom of peaceful assembly and of association in the context of elections 2013, para. 10 | Aug 19, 2019 | Paragraph | The Special Rapporteur also acknowledges that, while only a segment of civil society organizations can work directly on election-related issues, such as voter education, election observation, the reform of electoral institutions and the accountability of candidates and elected officials, the election period provides a prime opportunity for a broader range of civil society organizations to engage with would-be elected representatives, highlight their concerns and interests, with a view to getting policy responses, and in general exercise their rights to participate in public affairs. For that reason, any discussion of the rights to freedom of peaceful assembly and of association in the context of elections must be inclusive of all civil society organizations, regardless of their areas of focus. | Special Rapporteur on the rights to freedom of peaceful assembly and association | Special Procedures' report |
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| 2013 | ||
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. 49 | Aug 19, 2019 | Paragraph | The Special Rapporteur has already stressed in his first thematic report to the Human Rights Council (A/HRC/20/27), that States have a positive obligation under international human rights law not only to actively protect peaceful assemblies, but also to facilitate the exercise of the right to freedom of peaceful assembly (para. 27). The law only protects assemblies that are not violent and where participants have peaceful intentions, and that shall be presumed. Acts of sporadic violence or other punishable acts committed by others do not deprive peaceful individuals of their right to freedom of peaceful assembly (para. 25). | Special Rapporteur on the rights to freedom of peaceful assembly and association | Special Procedures' report |
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Best practices that promote and protect the rights to freedom of peaceful assembly and of association 2012, para. 30 | Aug 19, 2019 | Paragraph | In the case of simultaneous assemblies at the same place and time, the Special Rapporteur considers it good practice to allow, protect and facilitate all events, whenever possible. In the case of counter-demonstrations, which aim at expressing discontent with the message of other assemblies, such demonstrations should take place, but should not dissuade participants of the other assemblies from exercising their right to freedom of peaceful assembly. In this respect, the role of law enforcement authorities in protecting and facilitating the events is crucial. | Special Rapporteur on the rights to freedom of peaceful assembly and association | Special Procedures' report |
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| 2012 | ||
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. 17 | Aug 19, 2019 | Paragraph | The Human Rights Committee understands "discrimination" to imply "any distinction, exclusion, restriction or preference which is based on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status, and which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise by all persons, on an equal footing, of all rights and freedoms". The Committee has established that sexual orientation and gender identity also constitute prohibited grounds for discrimination under article 2 of the Covenant. Discrimination results from legislation and practices that explicitly exclude or target groups or individuals in those groups. | Special Rapporteur on the rights to freedom of peaceful assembly and association | Special Procedures' report |
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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. 43 | Aug 19, 2019 | Paragraph | The Special Rapporteur also believes that a pro-civil society organization culture within multilateral organizations is crucial. Such a culture should be rooted in the attitude that the organization is an agent dedicated to upholding ideals and effecting change, rather than a bureaucracy built to maintain the status quo. There must also be a willingness to call out Member States who fail to respect fundamental rights. Stating that some issues are "too political" - as the World Bank allegedly did when Human Rights Watch warned them that the Government was closing space for civil society in Egypt - is not acceptable. Finally, it should be acknowledged that a strong civil society sector is essential for multilateral institutions' effectiveness, as it is often the best source of information on the ground. | Special Rapporteur on the rights to freedom of peaceful assembly and association | Special Procedures' report |
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Comparative study of enabling environments for associations and businesses 2015, para. 21 | Aug 19, 2019 | Paragraph | The Special Rapporteur's analysis is based on the premise that States have an obligation under international law to take measures to both protect and promote the rights to freedom of peaceful assembly and of association. Restrictions on these rights must be strictly motivated by the limited concerns which are prescribed by law and which are necessary in a democratic society in the interests of national security or public safety, public order, the protection of public health or morals or the protection of the rights and freedoms of others. As stated by the Human Rights Committee, where such restrictions are made, States must demonstrate their necessity and only take such measures as are proportionate to the pursuance of legitimate aims in order to ensure continuous and effective protection of these rights. | Special Rapporteur on the rights to freedom of peaceful assembly and association | Special Procedures' report |
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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. 74c | Aug 19, 2019 | Paragraph | [In relation to recommendations pertaining to the exercise of the rights to freedom of peaceful assembly and of association, the Special Rapporteur reiterates all the recommendations contained in his previous thematic reports. They are all the more relevant for individuals belonging to groups most at risk whose rights are more likely to be violated or unduly restricted. In particular, he calls upon States to:] Ensure that no derogation is made from the rights to life and to be free from torture and other cruel, inhuman or degrading treatment or punishment of individuals belonging to groups most at risk; | Special Rapporteur on the rights to freedom of peaceful assembly and association | Special Procedures' report |
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Comparative study of enabling environments for associations and businesses 2015, para. 96 | Aug 19, 2019 | Paragraph | The right to freedom of peaceful assembly is sometimes misconstrued as relating only to protests and other public expressions of collective political activity. However, the right also protects private and non-political public gatherings. Associations and businesses may organize and hold gatherings for a variety of objectives, commercial and non-commercial, including meeting members, beneficiaries, clients, donors or investors as part of their internal governance obligations or in the course of their operations; assemblies for expressive purposes; and marketing or public relations. States have an obligation under international law to facilitate peaceful assemblies, yet they can treat assemblies in very different ways, sometimes without an objective or legal basis to do so. | Special Rapporteur on the rights to freedom of peaceful assembly and association | Special Procedures' report |
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The rights to freedom of peaceful assembly and of association in the context of natural resource exploitation projects 2015, para. 14 | Aug 19, 2019 | Paragraph | States are obligated to protect and facilitate the rights to freedom of peaceful assembly and of association in the context of natural resource exploitation, including by ensuring that business interests do not violate these rights. To discharge their duties in that respect, States should, among other things, enact robust national laws that stipulate the rights and responsibilities of all, create independent and effective enforcement, oversight and adjudicatory mechanisms, ensure effective remedies for violations of rights and promote awareness of, and access to information about, relevant policies and practices related to natural resource exploitation. | Special Rapporteur on the rights to freedom of peaceful assembly and association | Special Procedures' report |
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The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 17 | Aug 19, 2019 | Paragraph | At the same time, the global attack on labour rights has made it disturbingly clear that the old ways of defending workers' rights are no longer working. Our world and its globalized economy are changing at lightning pace, and it is critical that the tools we use to protect labour rights adapt just as quickly. A first step towards that goal is to obliterate the antiquated and artificial distinction between labour rights and human rights generally. Labour rights are human rights, and the ability to exercise those rights in the workplace is a prerequisite for workers to enjoy a broad range of other rights, whether economic, social, cultural, political or otherwise. | Special Rapporteur on the rights to freedom of peaceful assembly and association | Special Procedures' report |
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The rights to freedom of peaceful assembly and of association in the context of natural resource exploitation projects 2015, para. 21 | Aug 19, 2019 | Paragraph | The rights to freedom of peaceful assembly and of association find expression at the global level in article 20 of the Universal Declaration of Human Rights and in articles 21 and 22 of the International Covenant on Civil and Political Rights. The International Labour Organization (ILO) Convention concerning Freedom of Association and Protection of the Right to Organise, 1948 (No. 87), and the ILO Convention concerning the Right to Organise and Collective Bargaining, 1949 (No. 98), protect the rights of workers to freely establish, join and run organizations of their choosing without unjustifiable interference from the State. Workers are also protected from anti-union discrimination and guaranteed the right to collectively bargain. | Special Rapporteur on the rights to freedom of peaceful assembly and association | Special Procedures' report |
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The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 83 | Aug 19, 2019 | Paragraph | States are obligated under international law to establish accessible and effective complaint mechanisms that can promptly investigate allegations of abuses related to the rights to freedom of peaceful assembly and of association (see A/HRC/20/27, p. 19). Where those rights have been unduly restricted, victims have the right to obtain redress, including adequate compensation and sanctions against the employer (ibid.). Effective remedies should be available from a range of mechanisms, including judicial and non-judicial and administrative institutions, such courts, ombudsperson offices and national human rights institutions. | Special Rapporteur on the rights to freedom of peaceful assembly and association | Special Procedures' report |
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The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 8 | Aug 19, 2019 | Paragraph | In recent decades, economic globalization, implemented with as few regulations on companies and capital as possible, has been touted by many economists as an essential vehicle to global prosperity and the end of poverty. The economic system that grew out of that philosophy has indeed led to a rise in global economic productivity and wealth, but it has also contributed to a dramatic rise in the power of large multinational corporations and concentrated wealth in fewer hands. At the same time, States' power to regulate those business entities has eroded. Further, the world's recent economic growth has not been shared equally. Productivity and economic output have increased, but so has inequality, with the fruits of that growth going primarily to the wealthiest. | Special Rapporteur on the rights to freedom of peaceful assembly and association | Special Procedures' report |
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Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 31 | Aug 19, 2019 | Paragraph | Free markets have undoubtedly contributed to producing great amounts of monetary wealth and impressive technological advancements. Yet the pursuit of this wealth in some cases has also contributed to environmental destruction, growing income inequality and the erosion of protections for workers. It is important that people on both sides of this argument be given equal freedom and facilitation to air their views in a peaceful manner. As the Special Rapporteur has repeatedly emphasized, States should also not favour businesses over civil society reflexively, but instead should adopt a policy of "sectoral equity" - a fair, transparent and impartial approach in which the regulation of each sector is grounded in international law, standards and norms (see A/70/266). | Special Rapporteur on the rights to freedom of peaceful assembly and association | Special Procedures' report |
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Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 15 | Aug 19, 2019 | Paragraph | In other cases, violations may arise due to the inability or unwillingness of the State to respond to the actions of non-State actors. The State's failure to protect participants in a peaceful rally against violent, fundamentalist counter-protesters, for example, constitutes a violation of the right to freedom of peaceful assembly. It does not matter if the State does not officially promote the counter-protesters' ideology; it has a positive duty to protect those exercising their right to peaceful assembly, even if they are promoting unpopular positions. Similarly, States may violate their duty to protect by failing to investigate allegations of rights violations and to hold the perpetrators accountable, by ignoring retaliation against victims of violations and by failing to ensure the protection of rights for certain groups. | Special Rapporteur on the rights to freedom of peaceful assembly and association | Special Procedures' report |
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The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 66 | Aug 19, 2019 | Paragraph | State restrictions on assembly and association rights, including the right to strike, frequently exceed parameters set by ILO Convention 87 and decades of case law. In countries where the right to strike is not legally prohibited, Governments attempt to justify restrictions in the name of public order, public security, the threat of terrorism, national interest or economic crisis. | Special Rapporteur on the rights to freedom of peaceful assembly and association | Special Procedures' report |
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The Special Rapporteur's vision of the mandate 2017, para. 34 | Aug 19, 2019 | Paragraph | In his first report to the General Assembly (A/68/299), the previous mandate holder addressed concerns about the exercise of the rights to freedom of peaceful assembly and of association, documenting the countless threats to such freedoms in the context of elections. One of the most critical findings outlined in the report was that elections did not exist in a vacuum, and their quality could not be judged solely by what happened during the vote, but also by what happened before and after the elections. Another critical finding was that, “given the importance of the rights to freedom of peaceful assembly and of association in the context of elections, the threshold for imposing such restrictions should be higher than usual: the criteria of ‘necessity in a democratic society’ and ‘proportionality’ should be more difficult to meet during election time” (ibid., para. 25). | Special Rapporteur on the rights to freedom of peaceful assembly and association | Special Procedures' report |
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| 2017 | ||
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. 8 | Aug 19, 2019 | Paragraph | The ability to seek, secure and use resources is essential to the existence and effective operations of any association, no matter how small. The right to freedom of association not only includes the ability of individuals or legal entities to form and join an association but also to seek, receive and use resources - human, material and financial - from domestic, foreign, and international sources. | Special Rapporteur on the rights to freedom of peaceful assembly and association | Special Procedures' report |
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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. 81e | Aug 19, 2019 | Paragraph | [As general recommendations, the Special Rapporteur calls upon States:] To ensure that those who violate and/or abuse the rights of individuals to freedom of association and of peaceful assembly are held fully accountable by an independent and democratic oversight body and by the courts of law. | Special Rapporteur on the rights to freedom of peaceful assembly and association | Special Procedures' report |
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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. 64 | Aug 19, 2019 | Paragraph | Finally, organizers should be given the possibility of an expedited appeal procedure, with a view to obtaining a judicial decision by an independent and impartial court prior to the notified date of the assembly. The decision of the regulatory authority and of the appeal court should be published for the purposes of transparency and fairness, possibly on a specific website. | Special Rapporteur on the rights to freedom of peaceful assembly and association | Special Procedures' report |
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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. 28 | Aug 19, 2019 | Paragraph | Liberal access to information policies should be encouraged. These policies help keep multilateral institutions accountable and provide a model which citizens can cite in pressing their own Governments to become more transparent. The Global Transparency Initiative has released a Transparency Charter for International Financial Institutions, which the Special Rapporteur recommends as guidance for the access-to-information policies of all multilateral institutions. | Special Rapporteur on the rights to freedom of peaceful assembly and association | Special Procedures' report |
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Comparative study of enabling environments for associations and businesses 2015, para. 90 | Aug 19, 2019 | Paragraph | In Kenya, as in many other countries, the President meets annually with business leaders, while no similar meeting is afforded to civil society. In fact, presidents rarely, if ever, attend global conferences discussing civil society's concerns, such as the International Civil Society Week organized by CIVICUS. They are much more likely to attend conferences on business promotion, such as the World Economic Forum or the Global Entrepreneurship Summit. | Special Rapporteur on the rights to freedom of peaceful assembly and association | Special Procedures' report |
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The rights to freedom of peaceful assembly and of association in the context of natural resource exploitation projects 2015, para. 56 | Aug 19, 2019 | Paragraph | The Special Rapporteur reiterates that the primary responsibility for ensuring public security, law and order for the benefit of all within a State's boundaries lies with the Government of that State. The State should also regulate, control and monitor the activities of private security firms, including those contracted in the natural resource exploitation sector, and hold them accountable when they breach the rights to freedom of peaceful assembly and of association. | Special Rapporteur on the rights to freedom of peaceful assembly and association | Special Procedures' report |
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The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 40 | Aug 19, 2019 | Paragraph | Gender-based violence at work pervades employment in the formal and informal economy, and often intersects with other discrimination and exploitation, particularly based on race, ethnicity, country of origin and age. Gender-based violence at work includes physical abuse; attempted murder and murder; sexual violence; verbal abuse and threats; bullying; psychological abuse and intimidation; sexual harassment; economic and financial abuse; stalking; and more. | Special Rapporteur on the rights to freedom of peaceful assembly and association | Special Procedures' report |
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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. 28 | Aug 19, 2019 | Paragraph | Such provisions are in clear violation of international human rights law. In that regard, the Human Rights Committee stated that "the reference to 'sex' in articles 2, paragraph 1, and 26 [of the International Covenant on Civil and Political Rights] is to be taken as including sexual orientation". Since then, in numerous concluding observations, the Committee has urged State parties to guarantee equal rights to all individuals, as established in the Covenant, regardless of their sexual orientation or gender identity. | Special Rapporteur on the rights to freedom of peaceful assembly and association | Special Procedures' report |
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| 2014 | ||
The Special Rapporteur's vision of the mandate 2017, para. 84 | Aug 19, 2019 | Paragraph | The mandate presents a unique opportunity and challenge to explore and identify specific solutions and to mobilize public opinion and support in order to promote and protect civic space both nationally and globally. The Special Rapporteur will seek out and provide for such opportunities and challenges, to the very best of her knowledge, ability and future efforts. | Special Rapporteur on the rights to freedom of peaceful assembly and association | Special Procedures' report |
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