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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. 86
- Paragraph text
- The Special Rapporteur reiterates that the ability to peacefully assemble and freely associate is a key aspect of a vibrant democracy and critical for development. In today's globalized world, the meaning and practice of democracy stretches beyond national boundaries. Multilateral entities thus have positive responsibilities to actively protect peaceful assemblies and to establish and maintain an enabling environment for civil society. This is all the more valid when multilateral institutions claim to represent States, which are the primary actors accountable for the respect and promotion of civil liberties. In addition, the Special Rapporteur underlines the obligation of States to protect and facilitate the rights to freedom of peaceful assembly and of association of those engaging with multilateral institutions.
- Organismo
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 2014
- Fecha de adición
- 19 de ago. de 2019
Párrafo
Best practices that promote and protect the rights to freedom of peaceful assembly and of association 2012, para. 76
- Paragraph text
- According to ILO jurisprudence, decisions to dissolve labour organizations "should only occur in extremely serious cases; such dissolutions should only happen following a judicial decision so that the rights of defence are fully guaranteed". The Special Rapporteur values as best practice legislation that stipulates that such drastic measures be taken by independent and impartial courts. In the United Republic of Tanzania, the case of an association working on gender equality that had been deregistered by the authorities was successfully overturned by the Constitutional Court.
- Organismo
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Tipo de documento
- Special Procedures' report
- Temas
- Economic Rights
- Gender
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 2012
- Fecha de adición
- 19 de ago. de 2019
Párrafo
Best practices that promote and protect the rights to freedom of peaceful assembly and of association 2012, para. 25
- Paragraph text
- The Special Rapporteur agrees that international human rights law only protects assemblies that are peaceful, i.e. those that are not violent, and where participants have peaceful intentions, which should be presumed. According to the European Court of Human Rights, "an individual does not cease to enjoy the right to peaceful assembly as a result of sporadic violence or other punishable acts committed by others in the course of the demonstration, if the individual in question remains peaceful in his or her own intentions or behaviour".
- Organismo
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Personas afectadas
- All
- Año
- 2012
- Fecha de adición
- 19 de ago. de 2019
Párrafo
Best practices that promote and protect the rights to freedom of peaceful assembly and of association 2012, para. 30
- Paragraph text
- 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.
- Organismo
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Personas afectadas
- All
- Año
- 2012
- Fecha de adición
- 19 de ago. de 2019
Párrafo
Best practices that promote and protect the rights to freedom of peaceful assembly and of association 2012, para. 32
- Paragraph text
- The Special Rapporteur notes the increased use of the Internet, in particular social media, and other information and communication technology, as basic tools which enable individuals to organize peaceful assemblies. However, some States have clamped down on these tools to deter or prevent citizens from exercising their right. In this connection, the Special Rapporteur refers to a recent report of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, in which he recommended, inter alia, that "all States [should] ensure that Internet access is maintained at all times, including during times of political unrest" (A/HRC/17/27, para. 79) and "any determination on what [website] content should be blocked must be undertaken by a competent judicial authority or a body which is independent of any political, commercial, or other unwarranted influences" (para. 70).
- Organismo
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 2012
- Fecha de adición
- 19 de ago. de 2019
Párrafo
Best practices that promote and protect the rights to freedom of peaceful assembly and of association 2012, para. 14
- Paragraph text
- The right to freedom of peaceful assembly is guaranteed in article 21 of the Covenant on Civil and Political Rights and the right to freedom of association in article 22. They are also reflected in article 8 of the International Covenant on Economic, Social and Cultural Rights and in other specific international and regional human rights treaties or instruments, including the Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms (art. 5).
- Organismo
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 2012
- Fecha de adición
- 19 de ago. de 2019
Párrafo
Best practices that promote and protect the rights to freedom of peaceful assembly and of association 2012, para. 15
- Paragraph text
- According to article 4 of the International Covenant on Civil and Political Rights, the right of peaceful assembly and the right to freedom of association are not absolute rights. Resolution 15/21 (OP 4) makes clear that they "can be subject to certain restrictions, which are prescribed by law and which are necessary in a democratic society in the interests of national security or public safety, public order (ordre public), the protection of public health or morals or the protection of the rights and freedoms of others".
- Organismo
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Personas afectadas
- All
- Año
- 2012
- Fecha de adición
- 19 de ago. de 2019
Párrafo
Best practices that promote and protect the rights to freedom of peaceful assembly and of association 2012, para. 19
- Paragraph text
- The Special Rapporteur further particularly emphasizes that the right to life and the right to be free from torture or cruel, inhuman or degrading treatment or punishment should be guaranteed by States to all individuals under all circumstances and at all times, including in the context of the exercise of the rights to freedom of association and of peaceful assembly, as prescribed by article 4 of the Covenant. The Special Rapporteur recalls that, according to the Human Rights Committee, during a state of emergency, the rights to freedom of peaceful assembly and of association shall not be derogated since "the possibility of restricting certain Covenant rights under the terms of, for instance … freedom of assembly is generally sufficient during such situations and no derogation from the provisions in question would be justified by the exigencies of the situation".
- Organismo
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 2012
- Fecha de adición
- 19 de ago. de 2019
Párrafo
Best practices that promote and protect the rights to freedom of peaceful assembly and of association 2012, para. 35
- Paragraph text
- The right to life (art. 3 of the Universal Declaration on Human Rights and art. 6 of the Covenant on Civil and Political Rights) and the right to be free from torture or cruel, inhuman or degrading treatment or punishment (art. 5 of the Declaration and art. 7 of the Covenant) should be the overarching principles governing the policing of public assemblies, as stated by several countries. In this regard, soft law provisions - the Code of Conduct for Law Enforcement Officials (in particular articles 2 and 3) and the Basic Principles on the Use of Force and Firearms by Law Enforcement Officials (in particular principles 4, 9 and 13) - aim at guiding law enforcement officials when policing peaceful protests. In this connection, the Inter-American Court on Human Rights stated that the "pretext of maintenance of public security cannot be invoked to violate the right to life … the State must ensure that, if it is necessary to resort to physical means ... members of its armed forces and its security bodies will use only those means that are indispensable to control such situations in a rational and proportional manner, and respecting the rights to life and to humane treatment". The Special Rapporteur on extrajudicial, summary or arbitrary executions also stated that "the only circumstances warranting the use of firearms, including during demonstrations, is the imminent threat of death or serious injury" (A/HRC/17/28, para. 60). With regard to the use of tear gas, the Special Rapporteur recalls that gas does not discriminate between demonstrators and non-demonstrators, healthy people and people with health conditions. He also warns against any modification of the chemical composition of the gas for the sole purpose of inflicting severe pain on protestors and, indirectly, bystanders.
- Organismo
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 2012
- Fecha de adición
- 19 de ago. de 2019
Párrafo
Best practices that promote and protect the rights to freedom of peaceful assembly and of association 2012, para. 36
- Paragraph text
- The Special Rapporteur also refers to the Inter-American Commission on Human Rights list of administrative controls that should be put in place at the State level to ensure use of force during public assemblies on an exceptional basis. Among others, "(a) implementation of mechanisms to prohibit, in an effective manner, the use of lethal force as recourse in public demonstrations; (b) implementation of an ammunition registration and control system; (c) implementation of a communications records system to monitor operational orders, those responsible for them, and those carrying them out".
- Organismo
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Humanitarian
- Personas afectadas
- All
- Año
- 2012
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The exercise of the rights to freedom of peaceful assembly and of association in the context of elections 2013, para. 4
- Paragraph text
- 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.
- Organismo
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 2013
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The exercise of the rights to freedom of peaceful assembly and of association in the context of elections 2013, para. 6
- Paragraph text
- 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.
- Organismo
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Personas afectadas
- All
- Año
- 2013
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The exercise of the rights to freedom of peaceful assembly and of association in the context of elections 2013, para. 8
- Paragraph text
- 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.
- Organismo
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Personas afectadas
- All
- Año
- 2013
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The exercise of the rights to freedom of peaceful assembly and of association in the context of elections 2013, para. 10
- Paragraph text
- 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.
- Organismo
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Personas afectadas
- All
- Año
- 2013
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The exercise of the rights to freedom of peaceful assembly and of association in the context of elections 2013, para. 12
- Paragraph text
- In its resolution 15/21, the Human Rights Council calls upon States to respect and fully protect the rights of all individuals to assemble peacefully and associate freely, including in the context of elections. In addition to the notion of democracy, the rights to freedom of peaceful assembly and of association are implicit in the right to take part in the Government of one's country, as affirmed in the Universal Declaration of Human Rights, which states in article 21 (3) that "[t]he will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures". Similarly, article 25 of the International Covenant on Civil and Political Rights affirms every citizen's right without prohibited distinctions and unreasonable restrictions: (a) to take part in the conduct of public affairs, directly or through freely chosen representatives; (b) to vote and to be elected at genuine periodic elections which shall be by universal and equal suffrage and shall be held by secret ballot, guaranteeing the free expression of the will of the electors; and (c) to have access, on general terms of equality, to public service in his country. The Human Rights Committee recognizes that the full enjoyment of those rights depends on the free communication of information and ideas about public and political issues between citizens, candidates and elected representatives, which requires the free exercise of the rights to peaceful assembly and association, among other rights (general comment No. 25, para. 25). The General Assembly, in its resolution 59/201 declared that freedom of association and peaceful assembly were essential elements of democracy, together with the right to vote and to be elected at genuine periodic free elections, and encouraged the strengthening of political party systems and civil society organizations.
- Organismo
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 2013
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The exercise of the rights to freedom of peaceful assembly and of association in the context of elections 2013, para. 25
- Paragraph text
- On the contrary, elections should never be seen as a pretext for States to unduly restrict the right to freedom of peaceful assembly. As previously mentioned, blanket bans, which are intrinsically disproportionate and discriminatory, should be prohibited, and restrictions on a peaceful assembly in relation to its "time, place and manner" should be limited to the extent that such restrictions meet the aforementioned strict test of necessity and proportionality (see A/HRC/23/39, para. 59). In fact, 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. In this regard, the Special Rapporteur is dismayed that blanket bans have been used during election time, with a view to muzzling dissenting voices. In Kenya, in March 2013, following the results of the presidential elections, the police chief reportedly banned all public gatherings, including "illegal groupings" around the Supreme Court, prayer meetings, political meetings and rallies, until a petition challenging the presidential poll results was heard and decided upon. That decision was reportedly based on the fact that demonstrations may have triggered animosity and violence. When justified, "time, place and manner'" restrictions which comply with international human rights norms and standards should be applied equally, once again, whether the peaceful assembly is in favour of or against the Government and the ruling party.
- Organismo
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Personas afectadas
- All
- Año
- 2013
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The exercise of the rights to freedom of peaceful assembly and of association in the context of elections 2013, para. 26
- Paragraph text
- The Special Rapporteur further warns against imposing a state of emergency during election time, in order to temporarily suspend the rights to freedom of peaceful assembly. Should this nevertheless occur, he recalls that, according to the Human Rights Committee, during a state of emergency, the rights to freedom of peaceful assembly and of association should not be derogated since the possibility of restricting certain Covenant rights under the terms of, for instance, freedom of assembly, is generally sufficient during such situations and no derogation from the provisions in question would be justified by the exigencies of the situation.
- Organismo
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Humanitarian
- Personas afectadas
- All
- Año
- 2013
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The exercise of the rights to freedom of peaceful assembly and of association in the context of elections 2013, para. 30
- Paragraph text
- Everyone has the right to form or join a political party and conversely, no one should be compelled to belong to a political party. The Human Rights Committee, in its general comment No. 25 (para. 26), has stated that political parties and membership in parties play a significant role in the conduct of public affairs and the election process. Political parties are indeed the primary vehicles through which people can participate in the conduct of public affairs. The Special Rapporteur recognises political parties as a subset of associations included in the right to freedom of association enshrined in article 22 of the International Covenant on Civil and Political Rights. As such, the principles and minimum standards elaborated by the Special Rapporteur in his thematic report on best practices (A/HRC/20/27) generally apply to the regulation of political parties. Nevertheless, political parties are organizations formed to carry out particular objectives, that is, presenting candidates for elections in order to be represented in political institutions and to exercise political power on any level, national or local, and may therefore be subject to specific requirements not necessary for other civil society organizations. According to the European Court of Human Rights, it is in the nature of the role they play that political parties, the only bodies which can come to power, also have the capacity to influence the whole of the regime in their countries. By the proposals for an overall societal model which they put before the electorate and by their capacity to implement those proposals once they come to power, political parties differ from other organizations which intervene in the political arena.
- Organismo
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 2013
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The exercise of the rights to freedom of peaceful assembly and of association in the context of elections 2013, para. 33
- Paragraph text
- Political parties are entitled to a level playing field in order to compete fairly in the electoral contest. A level playing field does not mean that all parties should have the same treatment in every case; rather, they should receive equitable treatment based on reasonable and objective criteria. All parties complying with international human rights norms and standards are entitled to equality of opportunity. As such, at a minimum, no political party should be discriminated against, unfairly advantaged or disadvantaged by the State. In the present report, the Special Rapporteur emphasizes equality of opportunity for political parties in respect of their ability to access funding and to exercise their rights to freedom of expression, including through peaceful demonstrations.
- Organismo
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Equality & Inclusion
- Personas afectadas
- All
- Año
- 2013
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The exercise of the rights to freedom of peaceful assembly and of association in the context of elections 2013, para. 34
- Paragraph text
- In his second thematic report (A/HRC/23/39), the Special Rapporteur identified the ability of associations to access financial resources as an integral element of the right to freedom of association. The question of funding has far-reaching consequences on the right to freedom of association for political parties in the context of elections. Funding ensures that political parties are able to function on a day-to-day basis, to participate in the political arena, to represent a plurality of views, interests and perspectives, thus strengthening democracy. Funding may also have perverse effects on democratic potential, requiring certain regulation. The Special Rapporteur shares the view of the Human Rights Committee, in general comment No. 25 (para. 19) that reasonable limitations on campaign expenditure may be justified where this is necessary to ensure that the free choice of voters is not undermined or the democratic process distorted by the disproportionate expenditure on behalf of any candidate or party.
- Organismo
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Personas afectadas
- All
- N.A.
- Año
- 2013
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The exercise of the rights to freedom of peaceful assembly and of association in the context of elections 2013, para. 41
- Paragraph text
- Political parties and their members unduly restricted from exercising their right to free association should have recourse to prompt and effective remedies. The Special Rapporteur again stresses that States have an obligation to provide independent and impartial institutions, including electoral management bodies and media regulatory authorities, in addition to an independent judiciary, to ensure that electoral processes are not exploited, thereby creating an uneven playing field for any political party. In order to be effective, the regulatory body should be independent from executive powers, be empowered and have adequate capacity to formulate, monitor and enforce regulations. These are the key conditions for ensuring the respect of the right to freedom of association in the context of elections.
- Organismo
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 2013
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The exercise of the rights to freedom of peaceful assembly and of association in the context of elections 2013, para. 44
- Paragraph text
- Civil society organizations are inherently different from political parties, the ultimate objective of which is to promote candidates who will run for elections with the aim to govern. Thus, different regulations and restrictions are applicable to the former. In line with this, associations should not be compelled to register as political parties and conversely, they should not be denied registration as associations because they carry out what the authorities consider to be "political" activities. It is a source of serious concern that the term "political" has been interpreted in many countries in such a broad manner as to cover all sorts of advocacy activities; civic education; research; and more generally, activities aimed at influencing public policy or public opinion. It is clear that this interpretation is solely motivated by the need to deter any forms of criticism. In this regard, concern was expressed about the situation in the Russian Federation, where a human rights organization was the subject of an inspection from the Prosecutor's General Office, which claimed that the organization had engaged in "political activity" by "purposefully influencing the image of the electoral commissions and other State organs, through participation in the electoral process", after some members of the organization alleged irregularities during the December 2011 elections. The Special Rapporteur recalls that the right to freedom of association is itself a civil and political right facilitating the participation of all in decision-making of public affairs. Freedom of association provides individuals with unique opportunities to express their political opinions and to engage in cultural, economic and social activities. In fact, associations accused of engaging in "political" activities are often those that seek to keep Governments accountable, through good governance and rule of law initiatives, such as anti-corruption measures, human rights campaigns, institutional reforms and similar measures designed to strengthen democracy. The Special Rapporteur is of the view that labelling associations as "political", and on that basis associating them with opposition parties or preventing them from operating, is largely intended to silence voices that are critical of Government policies and practices.
- Organismo
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Governance & Rule of Law
- Social & Cultural Rights
- Personas afectadas
- All
- Año
- 2013
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The exercise of the rights to freedom of peaceful assembly and of association in the context of elections 2013, para. 46
- Paragraph text
- 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.
- Organismo
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 2013
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The exercise of the rights to freedom of peaceful assembly and of association in the context of elections 2013, para. 48
- Paragraph text
- Governments in many countries are increasingly imposing restrictions on civil society's ability to engage in the establishment of transparent, accountable and fair democratic machinery and also from undertaking activities such as election monitoring and voter mobilization. Barriers include the prohibition for certain groups to register as associations; the prohibition from carrying out some activities where a restrictive list of authorized activities is not provided by the legal framework; the obligation to adopt negative labels; the denial of accreditations to associations to observe and monitor elections; or even the imposition of sanctions or threats of sanctions for engaging in activities related to the electoral process. In the Russian Federation, the implementation of the 2012 Introducing Amendments to Certain Legislative Acts of the Russian Federation Regarding the Regulation of Activities of Non-commercial Organizations Performing the Function of Foreign Agents, the compliance of which with international standards is analysed in depth in the Special Rapporteur's second thematic report to the Human Rights Council (A/HRC/23/39), has led to audits and inspection campaigns against numerous civic organizations that have conducted "political activities" and have failed to register as a "foreign agent". One of them, Golos Association for the defence of the rights of voters, whose Internet website was hacked in the run-up to the parliamentary elections, was, in April 2013, the first organization to be penalized under the new law.
- Organismo
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 2013
- Fecha de adición
- 19 de ago. de 2019
Párrafo
The exercise of the rights to freedom of peaceful assembly and of association in the context of elections 2013, para. 53
- Paragraph text
- Activities that involve monitoring and observation of the conduct of election processes by international groups may also be subject to undue restrictions. In this context, it is worth recalling that the protection of State sovereignty against external interferences is not listed as a legitimate interest in article 22 of the International Covenant on Civil and Political Rights. The Special Rapporteur underscores the fact that States cannot refer to additional grounds, even those provided by domestic legislation, to restrict the right to freedom of association. Hence, restrictive measures imposed under this guise unduly limit associations in their free operations. Governments that exclude independent international observers from electoral processes by enacting legislation to this effect, by making the process of registering as an election monitor burdensome, or by inviting only friendly observation groups that will not be critical in their monitoring, thus diluting or countering any criticism by independent impartial groups, do not guarantee the right to freedom of association. The Special Rapporteur recognizes that elections constitute a significant event in the life of a nation and should be protected from foreign interference. Nevertheless, he also recognizes the need to establish clear, specific and objective criteria that would enable independent and impartial election observation by all monitors, including from abroad. In this regard, blanket restrictions on international election observers groups are inherently disproportionate and thus incompatible with international law standards.
- Organismo
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 2013
- Fecha de adición
- 19 de ago. de 2019
Párrafo
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. 22
- Paragraph text
- One of the most common reasons used by governments to limit access to funding relate to security measures, including protection against terrorism and prevention of money-laundering. The crime of terrorism, which aims at the "destruction of human rights, fundamental freedoms and democracy, threaten[s] territorial integrity and security of States and destabiliz[es] legitimately constituted Governments", has devastating consequences and has caused tragic human suffering. The Special Rapporteur is aware that States have an interest in protecting "national security or public safety", which are legitimate grounds for restricting freedom of association, but he underscores that there is also need for States to comply with international human rights law while countering terrorism.
- Organismo
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 2013
- Fecha de adición
- 19 de ago. de 2019
Párrafo
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. 31
- Paragraph text
- Human Rights Council resolution 22/6 calls upon States to ensure that "that no law should criminalize or delegitimize activities in defence of human rights on account of the origin of funding thereto." Article 2 of the International Covenant on Economic, Social and Cultural Rights requires States to "take steps, individually or through international assistance and co-operation […] to the maximum of their available resources, with a view to achieving progressively the full realization of the rights recognized in the present Covenant". Coupled with article 11 of the same Covenant, which provides for States to "take appropriate steps to ensure the realization of this right, recognizing to this effect the essential importance of international co-operation based on free consent" (emphasis added), this means that States have the obligation to mobilize resources that are available within the society as a whole, but also to gather those that are available from the international community. Hence, restrictions on foreign funding under the guise of preservation of State sovereignty arguably constitute a violation of States' obligation to respect, protect and fulfil these rights, as it amounts to failure on the part of the State to maximize resources through international assistance and cooperation. This is also the sense of the Maastricht Guidelines on Violations of Economic, Social and Cultural Rights, which stipulate that violations of these rights notably include: "the adoption of legislation or policies which are manifestly incompatible with pre-existing legal obligations relating to these rights […]; the adoption of any deliberately retrogressive measure that reduces the extent to which any such right is guaranteed."
- Organismo
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 2013
- Fecha de adición
- 19 de ago. de 2019
Párrafo
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
- Paragraph text
- 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).
- Organismo
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Personas afectadas
- All
- Año
- 2013
- Fecha de adición
- 19 de ago. de 2019
Párrafo
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. 53
- Paragraph text
- In this regard the Special Rapporteur believes that the organizers should be able to notify the designated primary authority of the holding of a peaceful assembly in the simplest and fastest way, by filling, for instance, a clear and concise form, available in the main local language(s) spoken in the country, preferably online to avoid uncertainties and possible delays in postage. The notification should merely contain information regarding the date, time, duration and location or itinerary of the assembly, and the name, address and contact details of the organizer.
- Organismo
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Personas afectadas
- All
- Año
- 2013
- Fecha de adición
- 19 de ago. de 2019
Párrafo
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. 65
- Paragraph text
- A key measure with regard to facilitating the holding of peaceful assemblies is to make public space available for organizers and participants. The Special Rapporteur deems it useful to refer again to an important decision of the Spanish Constitutional Court which stated that "in a democratic society, the urban space is not only an area for circulation, but also for participation". The Inter-American Commission on Human Rights (IACHR) also stressed that although the exercise of the right of assembly can sometimes be disruptive to the normal routine of daily life, or may even cause problems or affect the exercise of other rights that the State has an obligation to protect and ensure, such as freedom of movement, "such disruptions are part of the mechanics of a pluralistic society in which diverse and sometimes conflicting interests coexist and find the forums and channels in which to express themselves". Furthermore, the Human Rights Council in its resolution 22/10 urged States to facilitate peaceful protests by providing protestors with access to public space and protecting them, where necessary, against any forms of threats, and underlined the role of local authorities in this regard. The issue of access to public space is all the more important in light of the increased privatization of public space in many States, where peaceful assemblies have been curtailed through the use by private bodies, both companies and individuals, of civil injunctions, which can be difficult to challenge, coupled with the issue of aggravated trespass, as in the United Kingdom of Great Britain and Northern Ireland, for example.
- Organismo
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 2013
- Fecha de adición
- 19 de ago. de 2019
Párrafo