Search Tips
sorted by
30 shown of 56 entities
7 columns hidden
Title | Date added | Template | Original document | Paragraph text | Body | Document type | Thematics | Topic(s) | Person(s) affected | Year |
---|---|---|---|---|---|---|---|---|---|---|
The exercise of the rights to freedom of peaceful assembly and of association in the context of elections 2013, para. 58b | Aug 19, 2019 | Paragraph | [The Special Rapporteur calls upon States in times of elections:] To ensure that the rights to freedom of peaceful assembly and of association are enjoyed by everyone, any registered or unregistered entities, including women, those victims of discrimination because of their sexual orientation and gender identity, youth, persons belonging to minorities, indigenous peoples, non-nationals, including stateless persons, refugees or migrants, and members of religious groups, as well as activists advocating economic, social, and cultural rights; | Special Rapporteur on the rights to freedom of peaceful assembly and association | Special Procedures' report |
|
| 2013 | ||
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. 10 | Aug 19, 2019 | Paragraph | As a starting point, the Special Rapporteur acknowledges that groups most at risk share the experience of discrimination, unequal treatment and harassment. He describes those groups based on their level of marginalization in the exercise of the rights to freedom of peaceful assembly and of association. Some of the groups that are considered in the present report to be most at risk are persons with disabilities; youth, including children; women; lesbian, gay, bisexual, transgender and intersex (LGBTI) people; members of minority groups; indigenous peoples; internally displaced persons; and non-nationals, including refugees, asylum seekers and migrant workers. | Special Rapporteur on the rights to freedom of peaceful assembly and association | Special Procedures' report |
|
| 2014 | ||
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. 22 | Aug 19, 2019 | Paragraph | Article 21 of the International Covenant on Civil and Political Rights recognizes that the right to freedom of peaceful assembly should be enjoyed by everyone, as provided for by article 2 of the Covenant and resolutions 15/21, 21/16 and 24/5 of the Human Rights Council. Importantly, in its resolution 24/5, the Council reminded States of their obligation to respect and fully protect the rights of all individuals to assemble peacefully and associate freely, online as well as offline, including in the context of elections, and including persons espousing minority or dissenting views or beliefs, human rights defenders, trade unionists and others, including migrants, seeking to exercise or to promote those rights. Despite this, some Member States have laws that contain explicitly discriminatory provisions prohibiting assemblies by certain groups. | Special Rapporteur on the rights to freedom of peaceful assembly and association | Special Procedures' report |
|
| 2014 | ||
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. 23 | Aug 19, 2019 | Paragraph | In Malaysia, for example, the Peaceful Assembly Act 2012 prohibits people under the age of 21 from organizing a public demonstration. Children under the age of 15 cannot even participate. Migrants and non-citizens may also face undue restrictions on their assembly rights. The same Act explicitly divests non-citizens of their right to organize or participate in a peaceful assembly. Article 33 of the Constitution of Mexico states that foreigners "may not in any way participate in the political affairs of the country", a provision that can be interpreted as prohibiting the rights of non-citizens to engage in peaceful assemblies. Similarly, article 354 of the Constitution of Myanmar extends the right of assembly only to citizens. | Special Rapporteur on the rights to freedom of peaceful assembly and association | Special Procedures' report |
|
| 2014 | ||
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. 25 | Aug 19, 2019 | Paragraph | In the case of non-citizens and migrants, the Special Rapporteur notes that international law does allow for some citizenship-related limitations on certain political rights, such as voting rights and the ability to hold political office. It is however precisely for that reason that States should ensure that migrants are not stripped of other fundamental rights, particularly assembly rights. An individual's lack of citizenship or legal status does not mean that she or he should have no voice whatsoever in the political, economic or social affairs of her or his country of residence. In a sense, groups that are disenfranchised from mainstream political activities, such as voting and holding office, have an even greater need for alternative means to participate in the public sphere. Peaceful assemblies are an important tool for allowing the voices of otherwise excluded groups to be heard. | Special Rapporteur on the rights to freedom of peaceful assembly and association | Special Procedures' report |
|
| 2014 | ||
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. 37 | Aug 19, 2019 | Paragraph | The Special Rapporteur has found that citizenship and residency status frequently affect assembly rights, often by design. As noted above, a number of States, including Singapore, Malaysia and Myanmar, formally deny the right to freedom of peaceful assembly to non-citizens. The Special Rapporteur finds no basis in international law for completely divesting non-citizens of their assembly rights. The right to freedom of peaceful assembly is particularly important for non-citizens and migrants, who may lack other mechanisms with which to advance their political, social and economic interests. | Special Rapporteur on the rights to freedom of peaceful assembly and association | Special Procedures' report |
|
| 2014 | ||
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. 38 | Aug 19, 2019 | Paragraph | The Special Rapporteur also notes with concern that citizenship laws are, by their nature, frequently politicized and often drafted by dominant groups and thus provide an inherently problematic basis for denying the assembly rights of non-dominant groups. One of the more disturbing cases that the Special Rapporteur has examined is the situation of some 700,000 members of the Rohingya minority in Myanmar. The origins of the Rohingya people are controversial; some historians claim that the group dates back centuries, while others claim that the group largely comprises descendants of migrants who arrived during the British colonial period. Yet under Myanmar law, Rohingya are considered "non-nationals" and do not have citizenship rights. By extension, they have no right to peaceful public assembly under domestic law. | Special Rapporteur on the rights to freedom of peaceful assembly and association | Special Procedures' report |
|
| 2014 | ||
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. 48 | Aug 19, 2019 | Paragraph | Legislation that explicitly excludes individuals or groups from forming associations on the basis of prohibited grounds constitutes a violation of the rights of those groups. For example, migrant workers are explicitly prohibited from forming trade unions in Singapore, and they are not allowed to join or form unions in the Plurinational State of Bolivia (CMW/C/BOL/CO/2, para. 34). In some instances non-nationals are allowed to join existing trade unions or labour associations but are not allowed to hold office in those associations, as in Singapore. However, the restriction on forming their own associations deprives migrants of autonomy and vehicles through which to advocate or promote issues of concern that may differ from those of nationals. | Special Rapporteur on the rights to freedom of peaceful assembly and association | Special Procedures' report |
|
| 2014 | ||
The rights to freedom of peaceful assembly and of association in the context of natural resource exploitation projects 2015, para. 52 | Aug 19, 2019 | Paragraph | The Special Rapporteur notes that requirements to obtain prior authorization before gatherings related to the exploitation of natural resources - such as information sessions, consultations, public hearings and the like - not only infringe on the right to freedom of peaceful assembly, they also impede the right of affected communities to access information and participate in decision-making. In Uganda, non-governmental organizations working on oil issues are reportedly required by authorities to seek permission, in particular from the Ministry of Energy and Mineral Development before they can meet with grassroots communities, although the authorities have made efforts to remedy this situation. | Special Rapporteur on the rights to freedom of peaceful assembly and association | Special Procedures' report |
|
| 2015 | ||
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 11 | Aug 19, 2019 | Paragraph | Without assembly and association rights, workers have little leverage to change the conditions that entrench poverty, fuel inequality and limit democracy. The need to maintain paid work is all-consuming; so many workers toil long hours for low wages in unsafe and unhealthy environments, risking disease, injury and death. They work without basic social protections such as health care, education, pensions or, in the case of trafficked workers, the right to choose or leave employment. The impact of the lack of assembly and association rights is compounded for migrant workers by harsh immigration laws, unscrupulous labour recruitment organizations, militarized labour systems and rights-restricted structures in export processing zones. Migrant domestic and agricultural workers, often excluded from labour law protection both at home and abroad, are doubly exploited and marginalized. | Special Rapporteur on the rights to freedom of peaceful assembly and association | Special Procedures' report |
|
| 2016 | ||
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 29 | Aug 19, 2019 | Paragraph | Having legal status does not ensure workers can exercise their fundamental rights. Most temporary or circular migration programmes structurally deny or inhibit rights to assembly and association and leave workers at the mercy of employers. Two such programmes are the Middle East kafala and United States guest-worker programmes. In many Middle East countries (such as Bahrain, Kuwait, Oman, Saudi Arabia and Qatar), this hyper-rigid system ties a migrant worker's presence in the country to a visa sponsored by a citizen. Workers' ability to reside, work or even leave the country is subject to the approval and whims of a migrant's sponsor, who has near total control over the worker's existence. Nearly the same is true in United States guest-worker programmes, where visas are tied to specific employers. From a legal standpoint, these States have delegated oversight, control and responsibility for foreign nationals to private companies and individuals. Such devolution of responsibility has led to gross abuses and denial of fundamental rights. | Special Rapporteur on the rights to freedom of peaceful assembly and association | Special Procedures' report |
|
| 2016 | ||
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 30 | Aug 19, 2019 | Paragraph | Every year the United States has more than 100,000 guest workers on temporary H-2 work visas in sectors like landscaping, construction, seafood processing and agriculture. Although they are documented migrants, guest workers report being cheated of their wages, threatened with guns, beaten, raped, starved and imprisoned. Some have died on the job. The link between the visa and employer provides a coercive element: workers who complain about working conditions can be fired, and must leave the country or face deportation. This contingent relationship quells workers' efforts to exercise freedom of association and assembly. Workers who attempt to exercise their rights are often blacklisted by employers, who use the threat of denied future work opportunities to silence workers. | Special Rapporteur on the rights to freedom of peaceful assembly and association | Special Procedures' report |
|
| 2016 | ||
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 31 | Aug 19, 2019 | Paragraph | In the United Kingdom, gang-master-controlled work in the hospitality, food-processing and agriculture sectors often exploits migrant workers through wage theft or confiscation of passports. The prospect of dismissal and loss of the legal right to work and remain in the country chills the exercise of rights by these workers. Because police investigations tend to focus more on immigration enforcement than claims of serious maltreatment of migrant workers, access to justice is denied. Forced labour is also a significant and growing problem in the United Kingdom. | Special Rapporteur on the rights to freedom of peaceful assembly and association | Special Procedures' report |
|
| 2016 | ||
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 32 | Aug 19, 2019 | Paragraph | Intimidation is common to the migrant worker experience. In 2015, 245 Zimbabwean migrant workers were harassed, intimidated and suffered retaliation (and four of them physical violence) after they organized to ask for a wage increase on a vegetable farm in South Africa. They had worked 12-hour days, seven days a week, and 17-hour days during the vegetable harvest, but were paid about half the minimum wage. They were forcibly evicted in September 2015, but later vindicated in court, when the judge found they were owed back pay or reinstatement. | Special Rapporteur on the rights to freedom of peaceful assembly and association | Special Procedures' report |
|
| 2016 | ||
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 33 | Aug 19, 2019 | Paragraph | Violence with impunity is also common. In Mexico, migrant farmworkers at one of the country's biggest tomato exporters were physically assaulted when they complained about lack of food or tried to leave the work camp where they were kept "as prisoners". Camp bosses threatened workers who demanded their illegally withheld pay. The indebted workers could not enjoy their assembly and association rights for fear of losing wages that would not be paid until the harvest. The company received World Bank financing and supplied major United States grocers. | Special Rapporteur on the rights to freedom of peaceful assembly and association | Special Procedures' report |
|
| 2016 | ||
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 47 | Aug 19, 2019 | Paragraph | Migrant domestic workers are, like other migrants, often unprotected by worker rights. They are subject to extreme abuses, including forced labour and trafficking and gender-based violence. They may be deprived of food and sleep, denied medical treatment and prohibited from leaving their workplace. Zainab Yusuf, a Kenyan worker trafficked to Saudi Arabia, had to work 21 hours a day cleaning and caring for her employers' seven children. She could not leave the house or contact her family, and faced ongoing sexual harassment and physical abuse from her employer and his sons. Under such conditions, domestic workers have no opportunity to peacefully assemble or to associate. | Special Rapporteur on the rights to freedom of peaceful assembly and association | Special Procedures' report |
|
| 2016 | ||
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 52 | Aug 19, 2019 | Paragraph | The principle of non-discrimination applies to all rights, and States are obliged to ensure that traditionally disenfranchised groups are able to enjoy their rights to freedom of peaceful assembly and of association. Article 4 of the Convention on the Elimination of All Forms of Discrimination against Women requires States to take positive measures to secure equal enjoyment of rights for women, including assembly and association rights. The Committee on Migrant Workers requires States to encourage self-organization among migrant workers irrespective of their migration status, and to inform them about associations that can provide assistance. | Special Rapporteur on the rights to freedom of peaceful assembly and association | Special Procedures' report |
|
| 2016 | ||
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 81 | Aug 19, 2019 | Paragraph | Access to effective remedies is a key issue for workers, who often lack legal recourse for rights violations. Workers in vulnerable situations may find it especially difficult to assert their rights because of structural impediments, including lack of access to labour inspectorates that often do not operate in informal and private work places; collaboration between immigration and police officials that prioritizes investigating migration status over employers' violations of rights; and restrictions that make migrant workers "unfree labour", preventing them from circulating in host countries. | Special Rapporteur on the rights to freedom of peaceful assembly and association | Special Procedures' report |
|
| 2016 | ||
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 94 | Aug 19, 2019 | Paragraph | The majority of the world's workers, particularly those in vulnerable situations, such as migrant, women and domestic workers, are disenfranchised of their rights to freedom of peaceful assembly and of association in the workplace. That disenfranchisement is the result of many factors, including the failure of much touted economic policies in reducing poverty and economic inequality; the increasing power of large multinational corporations and corresponding failure by States to effectively regulate and enforce norms and standards against those actors; the fragmentation of the workplace and diffusion of employer responsibilities across a range of actors; and the global crackdown on civil society that targets organizations and individuals working on labour issues. | Special Rapporteur on the rights to freedom of peaceful assembly and association | Special Procedures' report |
|
| 2016 | ||
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 24 | Aug 19, 2019 | Paragraph | A broad approach to understanding "fundamentalism" is important in order to clarify possible violations and understand State responsibilities. For example, the designation and privileging of a State religion or ideology may serve to encourage intolerance of other religions by non-State actors. A one-party political system is virtually guaranteed to entrench intolerance - both State-sponsored and private - of other political ideologies. Extreme nationalist rhetoric that is echoed by political figures in leadership positions may result in attacks on migrant populations and civil society organizations working on migrant issues. | Special Rapporteur on the rights to freedom of peaceful assembly and association | Special Procedures' report |
|
| 2016 | ||
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 70 | Aug 19, 2019 | Paragraph | Anti-immigration sentiments, often based on cultural and nationalist ideologies, have strengthened the popularity of many right-wing political parties, especially in Europe. Nationalist parties in countries such as Austria, Denmark, Hungary and Switzerland, among others, have attracted significant support in recent elections. The Special Rapporteur is extremely concerned that the acceptance and adoption by political actors of attitudes of cultural or national superiority has triggered a process of gradually legitimizing racism and xenophobia. This can have devastating consequences, as history has proved time and again. He stresses that States are obliged to take measures to guard against such an eventuality. | Special Rapporteur on the rights to freedom of peaceful assembly and association | Special Procedures' report |
|
| 2016 | ||
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. 62 | Aug 19, 2019 | Paragraph | The Special Rapporteur further decries the discriminative and disproportionate use of immigration laws by States to deny residence or work permits to staff of associations that are critical of the Government or that express views that are unpopular with the Government. | Special Rapporteur on the rights to freedom of peaceful assembly and association | Special Procedures' report |
|
| 2014 | ||
The Special Rapporteur's vision of the mandate 2017, para. 40 | Aug 19, 2019 | Paragraph | In his fourth report to the General Assembly (A/71/385), the previous mandate holder focused on the rights to freedom of peaceful assembly and of association in the workplace in the context of the new global economic order, in which the power of large multinational corporations had increased, while, at the same time, the power of States to regulate those business entities had eroded, if not, in some cases, having been voluntarily ceded in order to attract the businesses in question. He observed that the new global economic order had had a profound impact on workers’ ability to exercise their rights to freedom of peaceful assembly and of association. He noted that the traditional tools for asserting labour rights, such as trade unions, strikes and collective bargaining, had been significantly weakened around the globe, and vast swathes of the world’s labour force were unable to exercise their fundamental rights to associate or assemble and were without access to remedies when their rights were violated. He examined how and why that had happened, focusing on the most marginalized portions of the world’s labour force, including global supply chain workers, informal workers, migrant workers and domestic workers. He found that, although States were under an international obligation to respect and promote workers’ rights to freedom of peaceful assembly and of association, many were dismally failing at the task, with grave implications. Those rights were a critical tool in levelling the unequal relationship between workers and employers that, in turn, helped workers to correct abuses and gain access to fair wages, safe working conditions and a collective voice. Poor enforcement of those rights in the workplace could also exacerbate global inequality, poverty, violence and child and forced labour and directly contributed to problems such as trafficking in persons and slavery. He recommended obliterating the distinction between labour rights and human rights generally, as labour rights were human rights, and the ability to exercise those rights in the workplace was a prerequisite for workers to enjoy a broad range of economic, social, cultural, political and other rights. | Special Rapporteur on the rights to freedom of peaceful assembly and association | Special Procedures' report |
|
| 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. 62 | Aug 19, 2019 | Paragraph | This has also been the case for peaceful protestors advocating economic, social and cultural rights, such as indigenous peoples protesting the exploitation of a coal mine (Bangladesh), local residents denouncing the health impact of nuclear power plants (India), students protesting university reforms (Chile), employees protesting the closure of a mine (Myanmar), activists criticizing the increase in fuel prices (Sri Lanka) or students supporting an ethnic group forcibly displaced by the construction of a dam (Sudan). | Special Rapporteur on the rights to freedom of peaceful assembly and association | Special Procedures' report |
|
| 2013 | ||
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. 18 | Aug 19, 2019 | Paragraph | [Various international law instruments point to particular principles and measures that States should adopt in order to achieve non-discrimination and equality. For example, States should:] Prohibit the collective expulsion of migrant workers and members of their families and prohibit discriminatory legislation, in particular concerning remuneration, conditions of work and terms of employment; | Special Rapporteur on the rights to freedom of peaceful assembly and association | Special Procedures' report |
|
| 2014 | ||
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 | Aug 19, 2019 | Paragraph | [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 International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families guarantees the right to join associations and take part in the activities of associations, but stops short of protecting the right to form associations (art. 26). | Special Rapporteur on the rights to freedom of peaceful assembly and association | Special Procedures' report |
|
| 2014 | ||
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 | Aug 19, 2019 | Paragraph | [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:] Internally displaced persons have the same rights and freedoms under international and domestic law as other persons in the country and, in particular, have the right to associate freely and participate equally in community affairs. | Special Rapporteur on the rights to freedom of peaceful assembly and association | Special Procedures' report |
|
| 2014 | ||
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 | Aug 19, 2019 | Paragraph | [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:] Refugees lawfully staying in a country are entitled, in relation to the right to freedom of association, to the most favourable treatment accorded to nationals of a foreign country, in the same circumstances. | Special Rapporteur on the rights to freedom of peaceful assembly and association | Special Procedures' report |
|
| 2014 | ||
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 12 | Aug 19, 2019 | Paragraph | Women in the global economy are often relegated to low-paying, low-skills jobs. Persistent gender-based violence suppresses the individual and collective assertion of their rights to resist exploitative/abusive employers or State authorities. Further, certain groups of workers, including women, internal and external migrants, racial, ethnic, religious and sexual minorities, dispossessed rural workers and others, are often disenfranchised from the start by their status, making it more difficult to assert rights. | Special Rapporteur on the rights to freedom of peaceful assembly and association | Special Procedures' report |
|
| 2016 | ||
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 22 | Aug 19, 2019 | Paragraph | Millions of informal workers labour in global supply chains, where some of the worst abuses of freedoms of association and peaceful assembly are found and where migrant workers are often concentrated. States often weaken labour rights in order to attract investment, establishing special export processing zones where freedoms of peaceful assembly and of association are either sharply curtailed or explicitly prohibited. States may also use investor agreements as excuses to weaken labour standards. | Special Rapporteur on the rights to freedom of peaceful assembly and association | Special Procedures' report |
| 2016 |