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The Special Rapporteur's vision of the mandate 2017, para. 28
- Paragraph text
- While the inclusion of the concept that development promotes human rights into the international human rights system is crucial, the Special Rapporteur stresses that a major shift in the global human rights conversation requires the recognition that the interaction between development and human rights is twofold. Development contributes to human rights, and the enjoyment of those rights promotes development. In that context, the use of public space, participation in public debate and the possibility of organizing and associating all contribute to expanding civil space within the framework of the Sustainable Development Goals, in particular Goal 16, which provides for peaceful, inclusive and just societies with effective, accountable and inclusive institutions. Inequalities, on the other hand, have a negative impact on the exercise of the rights to freedom of peaceful assembly and 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
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 30
- Paragraph text
- The Special Rapporteur is committed both to ensuring accountability for business actors in line with the Guiding Principles on Business and Human Rights: Implementing the United Nations “Protect, Respect and Remedy” Framework and to working together with existing networks with a view to identifying ways that businesses and society can benefit from increased support from the private sector, in partnership with Governments, to create positive and enabling operating environments characterized by good governance, respect for the rule of law and human rights, equality and diversity.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 33
- Paragraph text
- In his second report to the Human Rights Council (A/HRC/23/39), addressing civil society’s right to seek, receive and use human, material and financial resources, he observed that restrictions on funding had become a major existential threat to associations across the world, as Governments increasingly used the financial noose as a way to silence them. He clarified that, under international law, freedom of association encompassed the right to seek, receive and use human, material and financial resources from domestic, foreign and international sources. He noted that States were obliged to facilitate, not restrict, access to funding so that associations could effectively take part in democratic and developmental processes, just as businesses and Governments do. A document outlining general principles on protecting civic space and the right to access resources, summarizing the key aspects of that right and their legal bases, was issued in May 2014.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 34
- Paragraph text
- 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).
- 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
- All
- N.A.
- Year
- 2017
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 36
- Paragraph text
- In his second report to the General Assembly (A/69/365), he examined the exercise of the rights to peacefully assemble and to associate at the international level, specifically in the context of multilateral institutions and their impact on those rights. He observed that civil society was far too often excluded from international debates, with multilateral institutions commonly viewing peaceful assemblies, whether during global summits or when implementing a project, as posing a security threat; that the operations of many multilaterals lacked transparency; and that reprisals against human rights defenders who cooperated with multilaterals were common. He further examined obstacles to the exercise of assembly and association rights in the context of multilaterals, some erected by the entities themselves, and some by the States that comprised them. He also made extensive recommendations on what should be done to improve the situation.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 38
- Paragraph text
- In his third report to the General Assembly (A/70/266), he provided a comparative study on the treatment of businesses and associations by States worldwide, comparing the enabling environments created by States, multilateral organizations and other actors for businesses and associations and highlighting instances in which they were treated inequitably. He found that States and other actors often imposed more burdensome regulation on associations, both in law and in practice, with businesses receiving more favourable treatment. The net result was that, for businesses, the enabling environment, defined broadly as action or inaction by States and other actors to promote a particular non-State sector, was typically much better than it was for associations. In the report, he advocated “sectoral equity”: a fair, transparent and impartial approach in which the regulation of each sector would be grounded in domestic and international law, standards and norms and where regulations would be clearly set forth in law, with minimum discretion given to State officials.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 75
- Paragraph text
- The Special Rapporteur is aware of her responsibility as a mandate holder vis-à-vis the Human Rights Council in determining whether and how the Council should respond to a situation of concern in accordance with objective and human rights-based criteria such as those elaborated in joint statements delivered at the Council, for example, those made by Ireland at its thirty-second session, by Maldives at its twentieth session and, most recently, by the Netherlands at its thirty-fifth. That responsibility is one that she takes very seriously when she recommends that the Council consider action to prevent, respond to or address violations and to assist in the de-escalation of a situation of concern.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 47
- Paragraph text
- Another thematic priority is the exercise of the rights to freedom of peaceful association and of association online.
- 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
- N.A.
- Year
- 2017
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 43
- Paragraph text
- Overall, the previous mandate holder brought great substance to the debate and made substantial contributions to identifying legal standards concerning the establishment, management and, most crucially, the financing of the various forms of civil society organizations and the management of assemblies.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 49
- Paragraph text
- The rights to freedom of assembly and of association in the digital sphere are increasingly the subject of restrictive laws and policies. There is a need, therefore, to discuss them in view of the challenges of the digital age and to explore the connection between those rights, specifically, and new technologies.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 72
- Paragraph text
- Accordingly, she is seeking engagement for litigation. In order to raise awareness among relevant stakeholders and the public at large, the Special Rapporteur seeks the cooperation of professional associations, non-governmental organizations and their networks, as well as other relevant stakeholders and any other parties who have knowledge of cases involving assembly and association issues. A call for submission to that effect can be found on the mandate website.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 84
- Paragraph text
- 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.
- 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
- Person(s) affected
- All
- Year
- 2017
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 9
- Paragraph text
- 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.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2017
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 56
- Paragraph text
- Highlighting good and promising practices worldwide that promote and protect the rights to freedom of peaceful assembly and of association remains today one of the core human rights functions of the mandate, according to the relevant Human Rights Council resolutions. Over the course of her tenure, the Special Rapporteur will continue to assess such practices and endeavour to measure their impact, if any, as well as developments subsequent to the first report of the previous mandate holder to the Council (see para. 32 above).
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 11
- Paragraph text
- 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.
- 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
- All
- Year
- 2017
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 12
- Paragraph text
- When the people and civil society benefit, States, international organizations and international society as a whole benefit, too.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2017
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 16
- Paragraph text
- 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.
- 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
- All
- N.A.
- Year
- 2017
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 18
- Paragraph text
- Successes and achievements of civil society in recent years have been thoroughly investigated and recorded (see A/HRC/35/28). They were, by and large, acknowledged, recognized and endorsed by delegations during the clustered interactive dialogue held by the Human Rights Council with the Special Rapporteur on 7 June 2017 (A/HRC/35/28, para. 4). Yet, since the establishment of the mandate in October 2010, the voices of civil society have been restricted or silenced, if not eliminated, in every region across the globe. Mass surveillance, obstructive regulation of democratic space, including online, overly restrictive legislation to regulate association and limit the exercise of fundamental public freedoms, with frequent use of counter-terrorism legislation to curtail dissenting voices, and harassment of and violence against human rights defenders and ordinary people who exercise their right to express opinions in peaceful protests are all too common.
- 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
- 2017
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 26c
- Paragraph text
- [In the Declaration on the Right to Development, adopted by the General Assembly on 4 December 1986 in its resolution 41/128, the Assembly called for every member of society to be empowered to participate fully and freely in vital decisions. The Declaration and its principles formed the basis for the conceptualization of a human rights-based approach to development. In the statement of common understanding on human rights-based approaches to development cooperation and programming, adopted by the United Nations in 2003, that approach was outlined as follows:] Development cooperation contributes to the development of the capacities of “duty-bearers” to meet their obligations and/or of “rights-holders” to claim their rights.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 54
- Paragraph text
- In this regard, of particular concern to the Special Rapporteur is the question of the consultative status of non-governmental organizations with the Economic and Social Council and the process governing their accreditation with international organizations other than the United Nations.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 73
- Paragraph text
- Moreover, while various professional associations and non-governmental organizations will be able and willing to provide support on a case-by-case basis, the Special Rapporteur seeks specialized human resources to establish a legal clinic to provide the legal research and drafting services needed for the preparatory work for the actual filing of amicus curiae briefings and expert opinions.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 58
- Paragraph text
- As a consequence of, and in line with, the vision outlined in section III above, the present section details the Special Rapporteur’s specific plan of action and the methodology of her work.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 44
- Paragraph text
- In addition, eight country visits have been conducted since the inception of the mandate, to Georgia (A/HRC/20/27/Add.2), the United Kingdom of Great Britain and Northern Ireland (A/HRC/23/39/Add.1), Rwanda (A/HRC/26/29/Add.2), Oman (A/HRC/29/25/Add.1), Kazakhstan (A/HRC/29/25/Add.2), Chile (A/HRC/32/36/Add.1), the Republic of Korea (A/HRC/32/36/Add.2), the United Kingdom (A/HRC/35/28/Add.1, follow-up mission) and the United States of America (A/HRC/35/28/Add.2).
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 20
- Paragraph text
- Together with freedom of expression and other rights, freedom of peaceful assembly and of association lies at the core of any functioning democratic system. These rights are essential components of democracy, as they empower men and women to “express their political opinions, engage in literary and artistic pursuits and other cultural, economic and social activities, engage in religious observances or other beliefs, form and join trade unions and cooperatives, and elect leaders to represent their interests and hold them accountable” (Human Rights Council resolution 15/21, preamble).
- 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
- Men
- Women
- Year
- 2017
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 26a
- Paragraph text
- [In the Declaration on the Right to Development, adopted by the General Assembly on 4 December 1986 in its resolution 41/128, the Assembly called for every member of society to be empowered to participate fully and freely in vital decisions. The Declaration and its principles formed the basis for the conceptualization of a human rights-based approach to development. In the statement of common understanding on human rights-based approaches to development cooperation and programming, adopted by the United Nations in 2003, that approach was outlined as follows:] All programmes of development cooperation, policies and technical assistance should further the realization of human rights as laid down in the Universal Declaration of Human Rights and other international human rights instruments;
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 26b
- Paragraph text
- [In the Declaration on the Right to Development, adopted by the General Assembly on 4 December 1986 in its resolution 41/128, the Assembly called for every member of society to be empowered to participate fully and freely in vital decisions. The Declaration and its principles formed the basis for the conceptualization of a human rights-based approach to development. In the statement of common understanding on human rights-based approaches to development cooperation and programming, adopted by the United Nations in 2003, that approach was outlined as follows:] Human rights standards contained in, and principles derived from, the Universal Declaration of Human Rights and other international human rights instruments guide all development cooperation and programming in all sectors and in all phases of the programming process;
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 32
- Paragraph text
- In his first report to the Human Rights Council (A/HRC/20/27), highlighting best practices in promoting the rights to freedom of peaceful assembly and of association, he clarified that the right to freedom of peaceful assembly covered not only the right to hold and to participate in peaceful assemblies, but also the right to be protected from undue interference, and that it further protected those monitoring peaceful assemblies. As to the right to freedom of association, that ranged from the creation to the termination of an association and included the right to form and join an association, to operate freely and to be protected from undue interference, to access funding and resources and to take part in the conduct of public affairs. He further highlighted best practices worldwide that promoted and protected the rights to freedom of peaceful assembly and of association, covering issues such as the definition of “peaceful assembly” and “association”, the presumption in favour of allowing peaceful assemblies, the concept of notification versus authorization of peaceful assemblies, the right to be protected from undue interference during assemblies, building the human rights capacity of law enforcement, the rights of monitors and journalists in the context of peaceful assemblies, the right to form and join an association, including unregistered associations, the right to operate an association freely and be protected from undue interference, the right for associations to access funding and resources, the right to take part in public affairs, the termination, suspension and dissolution of associations and the right to an adequate remedy.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Year
- 2017
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 42
- Paragraph text
- In his sixth and final thematic report to the Human Rights Council (A/HRC/35/28), the previous mandate holder addressed the role and achievements of civil society. In the report, he mapped and quantified the myriad ways in which civil society had improved societies globally in the past decade, by protecting civil and political rights, advancing development objectives, moving societies towards freedom and equality, achieving and upholding peace, regulating corporate behaviour, protecting the environment, delivering essential services and advocating economic, social and cultural rights. The current mandate holder, who presented the report to the Council on 6 June 2017 (see para. 4 above), considers it to be the ideal springboard for the work ahead. She notes with satisfaction that the report received wide support from, and was generally endorsed by, delegations during the interactive dialogue at the thirty-fifth session of the Council.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 46b
- Paragraph text
- [The first thematic report to the Human Rights Council, in 2018, will be focused on the use of force, including less lethal weapons, and the management of assemblies, building upon the joint report on the proper management of assemblies presented in 2016 (see paras. 22 and 41 above), pursuant to Council resolution 25/38. In addition to following up on the compilation of practical recommendations for the proper management of assemblies provided in the joint report, the Special Rapporteur will tackle current and emerging issues, including:] The militarization of police and other law enforcement officials. In this regard, the Special Rapporteur will consider whether the rules on the use of force need to be the same when a State resorts to deploying military and armed forces in the policing of assemblies;
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 46c
- Paragraph text
- [The first thematic report to the Human Rights Council, in 2018, will be focused on the use of force, including less lethal weapons, and the management of assemblies, building upon the joint report on the proper management of assemblies presented in 2016 (see paras. 22 and 41 above), pursuant to Council resolution 25/38. In addition to following up on the compilation of practical recommendations for the proper management of assemblies provided in the joint report, the Special Rapporteur will tackle current and emerging issues, including:] United Nations peacekeepers and the managing of assemblies. The distinction between civilian police, military police and policing in the context of peacekeeping missions may also require review to determine whether the legal framework for each of those situations is different;
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph