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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 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 | ||
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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The Special Rapporteur's vision of the mandate 2017, para. 9 | Aug 19, 2019 | Paragraph | The mandate is a service, not a personal matter of the individual who happens to be the Special Rapporteur at a given time. Moreover, the mandate is not an end in itself but it is a means to a further end. | 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. 11 | Aug 19, 2019 | Paragraph | The beneficiaries are and should be the people, as espoused in the Preamble of the Charter of the United Nations, which begins: “We the peoples of the United Nations”. The beneficiaries must be civil society: civil society organizations such as non-governmental organizations, development and humanitarian actors, religious associations, political parties, trade unions, social movements, professional associations, academic institutions, and sports, leisure and other associations of all kinds. The beneficiaries must be the people who gather and meet in peaceful assemblies, in private or public space, offline or online, to protest or for any other peaceful purposes. | 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. 12 | Aug 19, 2019 | Paragraph | When the people and civil society benefit, States, international organizations and international society as a whole benefit, too. | 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. 16 | Aug 19, 2019 | Paragraph | The rights to freedom of peaceful assembly and of association are not absolute, meaning that not only can they be temporarily derogated from in a state of emergency, but they can also be exceptionally interfered with under other circumstances. While they are human rights guaranteed to all, their exercise may be subject to certain restrictions. Such restrictions are permitted if they are necessary for a number of public purposes, including the protection of the rights and freedoms of others, as long as they are proportionate and provided for by law. Security and emergency laws, measures aimed at curtailing the financing of international terrorism, anti-money-laundering regulations and other limitations restrictive of civic space in the name of general public purposes, however, do not, as such, justify systematic violations of the 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 Special Rapporteur's vision of the mandate 2017, para. 48 | Aug 19, 2019 | Paragraph | The rapid pace of technological development enables individuals all over the world to use information and communications technology and, at the same time, enhances the capacity of Governments, business enterprises and individuals to undertake surveillance, interception and data collection, which may violate or abuse human rights. It is generally recognized that the same rights that people have offline must also be protected online, including the rights to freedom of peaceful assembly and of association (see, for example, Human Rights Council resolution 34/7). However, Internet shutdowns have emerged as a popular means of information control. Government surveillance continues to intensify worldwide, jeopardizing the privacy and security of millions. Net neutrality, the long-held premise that all Internet data should be treated equally and without undue interference, has come under attack (see A/HRC/35/22). | Special Rapporteur on the rights to freedom of peaceful assembly and association | Special Procedures' report |
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| 2017 | ||
The Special Rapporteur's vision of the mandate 2017, para. 76 | Aug 19, 2019 | Paragraph | More generally, her mandate has an important prevention and early warning role to play in the discharge of the responsibility to protect, as it is uniquely placed to collect a wealth of information on issues linked to the freedom of peaceful assembly and of association, including gaps in protection, swiftly deteriorating situations and the scale, the nature and patterns of violations. The Special Rapporteur will, when necessary, call the attention of the relevant bodies, including the Security Council, to such situations and request that they address, and take immediate action in response to, the risks and violations identified. | 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. 24 | Aug 19, 2019 | Paragraph | The intrinsic and inherent link between democracy and the rights to freedom of peaceful assembly and of association does not exhaust the importance of, nor does it fully testify to, the fundamental nature of those rights. Civil society contributes to development as much as it does to democracy. | Special Rapporteur on the rights to freedom of peaceful assembly and association | Special Procedures' report |
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| 2017 | ||
The Special Rapporteur's vision of the mandate 2017, para. 85 | Aug 19, 2019 | Paragraph | The Special Rapporteur recommends that States and all international actors and relevant stakeholders make full use of the mandate. The mandate is a service, and the rights to freedom of peaceful assembly and of association are essential for democracy and constitute an indispensable condition for sustainable development. | Special Rapporteur on the rights to freedom of peaceful assembly and association | Special Procedures' report |
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| 2017 | ||
The Special Rapporteur's vision of the mandate 2017, para. 68 | Aug 19, 2019 | Paragraph | The media will be accessed and used whenever it is truly believed that drawing public attention to specific situations has a reasonable prospect of either improving the promotion and protection of the freedom of peaceful assembly and of association for the people on the ground or of preventing their violation. | 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. 83 | Aug 19, 2019 | Paragraph | The success of the mandate on the rights to freedom of peaceful assembly and of association, just as that of any other mandate, cannot be measured in terms of resolutions adopted, reports presented, dialogues held or initiatives promoted. | 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. 15 | Aug 19, 2019 | Paragraph | The rights to freedom of peaceful assembly and of association are fundamental rights that form the basis of the full enjoyment of other rights, as they enable the exercise of a number of civil, political, economic, cultural and social rights. | 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. 37 | Aug 19, 2019 | Paragraph | In his fourth report to the Human Rights Council (A/HRC/29/25), on the rights to freedom of peaceful assembly and association in the context of natural resource exploitation, the previous mandate holder examined the role that those rights played in opening up space for genuine and effective participation across the spectrum of natural resource exploitation activities. He also examined how those rights helped to foster increased transparency and accountability, facilitate constructive dialogue and, ultimately, form the basis for people’s ability to secure other substantive rights. In the report, he noted that the significance of civil society as a stakeholder in the context of natural resource exploitation was underestimated, misperceived and often denied by both States and businesses and that that was symptomatic of a growing disregard for a plurality of views, particularly those which championed non-economic values over economic ones. He argued that such disregard for civil society input was counterproductive and divisive and likely to contribute to an erosion of confidence in the world’s prevailing economic system. He concluded that it was in the interest of both States and corporations to recognize actions by civil society groups, both in support of and against the entire decision-making chain in natural resource governance, as a legitimate exercise by those individuals and groups of their 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 Special Rapporteur's vision of the mandate 2017, para. 13 | Aug 19, 2019 | Paragraph | The mandate holder is committed to using her mandate to ensure the full exercise of the rights to freedom of peaceful assembly and of association by all the peoples of the United Nations. | 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. 27 | Aug 19, 2019 | Paragraph | The Human Rights Council has reaffirmed those principles through a number of resolutions. Most recently, on 23 June 2017, it adopted resolution 35/21 on the contribution of development to the enjoyment of all human rights. In the resolution, the Council recognized the common aspiration of the international community to build a shared future for human beings and affirmed that development contributed significantly to the enjoyment of all human rights. It called upon all countries to realize people-centred development of the people, by the people and for the people, and called upon all States to enhance international cooperation and to spare no effort in promoting sustainable development, in particular while implementing the 2030 Agenda for Sustainable Development, as it was conducive to the overall enjoyment of human rights. The Council also welcomed further efforts to promote development initiatives with the aim of promoting partnerships, win-win outcomes and common development. | 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. 79 | Aug 19, 2019 | Paragraph | The Special Rapporteur will cooperate with international organizations both inside and outside the United Nations system, in particular ILO, while being mindful of paragraph 5 (g) of Human Rights Council resolution 15/21, according to which her tasks include undertaking activities “such that the present mandate will not include those matters of specific competence of the International Labour Organization and its specialized supervisory mechanisms and procedures with respect to employers’ and workers’ rights to freedom of association, with a view to avoiding any duplication”. | 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. 80 | Aug 19, 2019 | Paragraph | Consultation and coordination with regional human rights organizations worldwide and national human rights mechanisms are equally essential to the success of the mandate. | 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. 25 | Aug 19, 2019 | Paragraph | In the Universal Declaration of Human Rights, human rights were recognized as the foundation of freedom, justice and peace. In the unanimously adopted Vienna Declaration and Programme of Action, democracy, development and respect for human rights and fundamental freedoms were evoked as interdependent and mutually reinforcing. | 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. 14 | Aug 19, 2019 | Paragraph | The rights to freedom of peaceful assembly and of association are among the many rights on the list of international human rights; just as all human rights, they are universal, indivisible, interdependent and interrelated. | 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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| 2016 | ||
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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| 2016 | ||
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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| 2016 | ||
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 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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| 2016 | ||
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 96 | Aug 19, 2019 | Paragraph | Religious leaders in particular must make greater efforts to foster dialogue and tolerance between their followers, with other religious communities and with non-religious communities. They should unequivocally condemn the use of violence and make it clear that those who use or advocate violence are not legitimately acting in the name of their faith. | 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. 60 | Aug 19, 2019 | Paragraph | Legislative precariousness regarding the freedoms of association and of peaceful assembly is widespread globally, as is the lack of policy harmony surrounding it. States frequently pass laws that are not fully protective of assembly and association rights, explicitly restrict rights and exclude certain groups or limit certain components of rights. For example, in India, where tens of millions of workers are in the informal economy, the Government is working to increase the flexibility of labour laws to make it easier for employers to fire workers. | 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. 51 | Aug 19, 2019 | Paragraph | The International Covenant on Civil and Political Rights provides that States must respect assembly and association rights and ensure that all people within their territory and jurisdiction enjoy them, without distinction of any kind, through law, the provision of remedies and effective enforcement. States must also refrain from violating rights recognized by the Covenant, and are accountable for violations of those rights when the infringement occurs as a result of its failure to secure the right in domestic law and practice. The desire to maximize economic profit or create attractive investment climates does not lower the obligations and responsibilities of the State. The Covenant also obliges States to combat discrimination by private actors, including in employment. | Special Rapporteur on the rights to freedom of peaceful assembly and association | Special Procedures' report |
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