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Best practices that promote and protect the rights to freedom of peaceful assembly and of association 2012, para. 69
- Paragraph text
- In many countries, domestic funding is very limited or non-existent, leading associations to rely on foreign assistance to conduct their activities. The Special Rapporteur echoes the recommendations put forward by the then Special Representative of the Secretary-General on the situation of human rights defenders who affirmed that "governments must allow access by NGOs to foreign funding as a part of international cooperation, to which civil society is entitled to the same extent as Governments" (A/59/401, para. 82), He believes that the same principle should apply to any associations regardless of the goals, in line with international law, they pursue. He considers as best practice legislation that does not prescribe the approval of the authorities before receiving domestic and foreign funding (e.g. Lebanon, Morocco and the United States). The barriers to foreign funding range from undue delay in approval for funding an association's project (e.g. Bangladesh) to the requirement of obtaining a prior authorization from the authorities. Some legislation even prohibits human rights associations from receiving more than 10 per cent of their overall resources from foreign sources. In Ethiopia where this legislation is in place, out of the 127 associations advocating for human rights active before the 2009 Charities and Societies Proclamation entered into force, very few reportedly still operate.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- Activists
- Année
- 2012
Paragraphe
Best practices that promote and protect the rights to freedom of peaceful assembly and of association 2012, para. 65
- Paragraph text
- Authorities must also respect the right of associations to privacy as stipulated in article 17 of the Covenant on Civil and Political Rights. In this connection, authorities should not be entitled to: condition any decisions and activities of the association; reverse the election of board members; condition the validity of board members' decisions on the presence of a Government representative at the board meeting or request that an internal decision be withdrawn; request associations to submit annual reports in advance; and enter an association's premises without advance notice. The Special Rapporteur recognizes the right of independent bodies to examine the associations' records as a mechanism to ensure transparency and accountability, but such a procedure should not be arbitrary and must respect the principle of non-discrimination and the right to privacy as it would otherwise put the independence of associations and the safety of their members at risk. As a best practice, the decision of the African Commission on Human and Peoples' Rights found that the right to freedom of association had been violated when the Government of Nigeria provided the Nigerian Bar Association with a new governing body and laid down that 97 of the 128 members constituting this body would be appointed by the Government (report of the Special Rapporteur on the situation of human rights defenders, A/64/226, para. 34).
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- Activists
- Année
- 2012
Paragraphe
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 72
- Paragraph text
- Cultural fundamentalist and nationalist groups may express these ideologies through protests and rallies. One example is the group Patriotic Europeans against the Islamization of the West (Pegida), in Germany, which believes that State immigration policies are enabling erosion of the culture of Germany. Rallies by such nationalist groups often attract counter-demonstrators who assemble in support of tolerance and diversity, and the management of such assemblies and counter-assemblies is of concern. Opposing assemblies are likely to provoke tensions that increase the potential for violence and therefore also increase the need for even-handed management and facilitation by law enforcement officials. In relation to assemblies in the United Kingdom by the English Defence League, which opposes perceived Islamism, the police have been criticized for employing tactics that dissuaded would-be counter-demonstrators from participating in assemblies. This has led to a perception of bias against the Muslim community, because members of the English Defence League were not subject to similar restrictions. The Special Rapporteur stresses that State handling of demonstrations and counter-demonstrations in these contexts should ensure that each group can exercise its rights without undue interference by the authorities or by opposing rally participants (see A/HRC/31/66, para. 24).
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Personnes concernées
- Activists
- Année
- 2016
Paragraphe
Challenges faced by groups most at risk when exercising or seeking to exercise the rights to freedom of peaceful assembly and/or of association 2014, para. 32
- Paragraph text
- Numerous jurisdictions have in recent years banned peaceful protesters from covering their faces during demonstrations, motivated by fears that demonstrators who wear masks or hoods could engage in violence and escape punishment due to their concealed identities. Besides the fact that violent acts during peaceful demonstrations are already illegal under the laws of virtually every jurisdiction, the Special Rapporteur is concerned that bans on face coverings during assemblies are in some circumstances used to target particular groups and improperly curtail their right to freedom of peaceful assembly.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Type de document
- Special Procedures' report
- Thèmes
- Civil & Political Rights
- Personnes concernées
- Activists
- Année
- 2014
Paragraphe
Comparative study of enabling environments for associations and businesses 2015, para. 65
- Paragraph text
- In some cases, restrictions on human rights can be directly linked to States' efforts to encourage business investment. Businesses then profit from those violations, sometimes calling upon State security organs for further protection. Crimes are often committed on their behalf with impunity. This is particularly true in the field of natural resource exploitation, as the Special Rapporteur documented in his 2015 report to the Human Rights Council. For example, reprisals against activists who stood up to large business interests have occurred in Colombia, the Lao People's Democratic Republic and the Philippines.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Type de document
- Special Procedures' report
- Thèmes
- Environment
- Governance & Rule of Law
- Personnes concernées
- Activists
- Année
- 2015
Paragraphe
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 63
- Paragraph text
- The Special Rapporteur on the rights to freedom of peaceful assembly and of association is also concerned when ostensibly secular States leverage fundamentalist religious teachings to restrict the assembly and association rights of certain groups. Nigeria (see A/HRC/26/21, case NGA 1/2014) and Uganda (see A/HRC/26/21, case UGA 1/2014), for example, have seized upon majority Christian opposition to homosexuality to impose draconian laws that severely restrict the assembly and association rights of lesbian, gay, bisexual, transgender and intersex individuals and groups (see, for example, A/HRC/25/74, case NGA 4/2013; and A/HRC/22/67, case UGA 5/2012).
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Type de document
- Special Procedures' report
- Thèmes
- Civil & Political Rights
- Equality & Inclusion
- Personnes concernées
- Activists
- LGBTQI+
- Année
- 2016
Paragraphe
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 54
- Paragraph text
- As an initial matter, however, the Special Rapporteur emphasizes that no single religious group has a monopoly on fundamentalism. In 2015, a Christian fundamentalist in Colorado, United States of America, attacked a family planning clinic run by the not-for-profit association Planned Parenthood; three people were killed. In recent years, Hindu fundamentalists in India have been responsible for a wave of violence against Muslims and Christians, some of which was motivated by the fact that the latter eat beef (cows are considered sacred in Hinduism). Meanwhile, in Israel and the State of Palestine, Jewish fundamentalists have carried out repeated attacks against Muslims, frequently targeting mosques.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Type de document
- Special Procedures' report
- Personnes concernées
- Activists
- Année
- 2016
Paragraphe
Ability of associations to access financial resources as a vital part of the right to freedom of association & Ability to hold peaceful assemblies as an integral component of the right to freedom of peaceful assembly 2013, para. 62
- Paragraph text
- This has also been the case for peaceful protestors advocating economic, social and cultural rights, such as indigenous peoples protesting the exploitation of a coal mine (Bangladesh), local residents denouncing the health impact of nuclear power plants (India), students protesting university reforms (Chile), employees protesting the closure of a mine (Myanmar), activists criticizing the increase in fuel prices (Sri Lanka) or students supporting an ethnic group forcibly displaced by the construction of a dam (Sudan).
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Type de document
- Special Procedures' report
- Thèmes
- Economic Rights
- Environment
- Personnes concernées
- Activists
- Ethnic minorities
- Persons on the move
- Année
- 2013
Paragraphe
Comparative study of enabling environments for associations and businesses 2015, para. 61
- Paragraph text
- The Special Rapporteur has highlighted a disturbing trend in Malaysia, where dozens of people have been charged with sedition following their criticism of the Government or its officials. The law has been applied to a range of individuals, including politicians, human rights defenders, academics, lawyers, students and journalists. However only associations - and not businesses - face deregistration if they, as an entity, violate the Sedition Act.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Type de document
- Special Procedures' report
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Personnes concernées
- Activists
- Année
- 2015
Paragraphe
The rights to freedom of peaceful assembly and of association in the context of natural resource exploitation projects 2015, para. 46
- Paragraph text
- Furthermore, perceived leaders of movements or protests are often subjected to particularly egregious violations of their rights, such as disappearances and arbitrary killings in an effort by States and corporations to intimidate and thus disrupt organized efforts to resist exploitation activities. In Orissa, India, anti-mining campaigners have been killed, and 42 women defenders at the forefront of demonstrations against dams were jailed for protesting (see A/HRC/19/55/Add.1, para. 76).
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Type de document
- Special Procedures' report
- Thèmes
- Economic Rights
- Environment
- Personnes concernées
- Activists
- Women
- Année
- 2015
Paragraphe
Challenges faced by groups most at risk when exercising or seeking to exercise the rights to freedom of peaceful assembly and/or of association 2014, para. 20
- Paragraph text
- [International human rights instruments that protect the rights of particular groups specifically recognize directly or indirectly the rights to freedom of peaceful assembly and of association for those groups:] The Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms explicitly recognizes the rights of human rights defenders to peacefully assemble, to form, join and participate in non-governmental organizations, associations or groups and to communicate with non-governmental and intergovernmental organizations (art. 5). In its resolution 22/6, the Human Rights Council recognized the importance of the rights to freedom of peaceful assembly and of association for defenders.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Type de document
- Special Procedures' report
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Personnes concernées
- Activists
- Année
- 2014
Paragraphe
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 76
- Paragraph text
- Violence against workers is both a reason for and a consequence of the global weakening of workers' rights to freedom of peaceful assembly and of association. In 2015, unionists were murdered in 11 countries for their activism: Chile, Colombia, Egypt, El Salvador, Guatemala, Honduras, Islamic Republic of Iran, Mexico, Peru, South Africa and Turkey. Honduras has seen a plague of violence, with 31 trade unionists, 57 rural workers and 28 journalists murdered between 2009 and early 2014, while 62 trade unionists have been assassinated in Guatemala since 2008. This violence is generally delivered with impunity and serves as a terrifying deterrent to workers' exercise of rights of freedom of peaceful assembly and of association.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Violence
- Personnes concernées
- Activists
- Année
- 2016
Paragraphe
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 78
- Paragraph text
- Indonesian law states that unions have the right to strike, but police often pressure workers to end legal strikes and protests through violence or arrests. For example, 23 labour activists and 2 public defenders were arrested when several union federations protested Government Regulation on Remuneration No. 78/2015. In 2014, 17 workers in West Java were injured in an organized attack; police watched but did not stop the violence. The incident has had a chilling effect on unionization and workers' exercise of their rights. The role of the military and police in monitoring and providing security services at factories has had a similar effect.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- Activists
- Année
- 2016
Paragraphe
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 78
- Paragraph text
- In Mauritania, the Haratine community is considered the "slave caste" and a large proportion are victims of slavery and slavery-like practices (see A/HRC/31/56, para. 39). Anti-slavery activists and organizations reportedly face repression for their activities from the Government, including harassment, intimidation and arbitrary arrests. Members of the Initiative for the Resurgence of the Abolitionist Movement and of the non-governmental organization (NGO) Éducation et Travail pour le Progrès des Droits de l'Homme (KAWTAL) were arrested in November 2014 while participating in a campaign against slavery that included rallies, public meetings and lectures. Several activists were imprisoned in 2015 following conviction on charges that included taking part in an unauthorized assembly, rebellion and resisting arrest (see A/HRC/29/25/Add.3, p. 97).
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Type de document
- Special Procedures' report
- Personnes concernées
- Activists
- Année
- 2016
Paragraphe
The exercise of the rights to freedom of peaceful assembly and of association in the context of elections 2013, para. 20
- Paragraph text
- The Special Rapporteur warns against the detention of peaceful demonstrators, with a view to preventing their participation in assemblies which are critical of the Government or ruling party. He is similarly concerned about restriction orders prohibiting demonstrators and defenders monitoring assemblies from remaining in, entering, or passing through a city, as occurred, for instance, in Malaysia in July 2011.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Type de document
- Special Procedures' report
- Thèmes
- Civil & Political Rights
- Personnes concernées
- Activists
- Année
- 2013
Paragraphe
The rights to freedom of peaceful assembly and of association in the context of natural resource exploitation projects 2015, para. 47
- Paragraph text
- The Special Rapporteur has received numerous reports concerning violations of the rights of human rights defenders, activists and community members who exercised their rights to freedom of peaceful assembly in the context of natural resource exploitation. Civil society activists in countries such as Colombia (A/HRC/28/85, case COL 7/2014), the Philippines (A/HRC/27/72, case PHL 2/2014) and Thailand (A/HRC/24/21, case THA 3/2013), to name a few, have paid with their lives for leading advocacy campaigns against natural resource exploitation operations. According to the Special Rapporteur on the situation of human rights defenders, human rights defenders working on extractive and the construction and development projects in the Americas were the subject of most communications to her and faced the highest risk of death as a result of their human rights activities (see A/HRC/19/55, para. 71). In South Africa, over 30 miners at the Marikana Mine were shot and killed by police during a strike, although the workers' action was not entirely peaceful (see A/HRC/22/67 and Corrs.1 and 2, ZAF cases 3/2012). In Guatemala, where agriculture provides the main livelihood for the majority of the population, competition between landowners, farmers, indigenous communities and their associations and large-scale commercial agricultural and mining projects has resulted in the criminalization of social movements and their claims (see A/HRC/26/29/Add.1, paras. 193-199, and A/HRC/10/12, para. 34-35).
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Type de document
- Special Procedures' report
- Thèmes
- Environment
- Personnes concernées
- Activists
- Année
- 2015
Paragraphe
The Special Rapporteur's vision of the mandate 2017, para. 77
- Paragraph text
- The Special Rapporteur will continue to work with the Special Rapporteur on the promotion and protection of the rights to freedom of opinion and expression and the Special Rapporteur on the situation of human rights defenders, with whom there already exists a well-established pattern of close cooperation. At the same time, she will engage with other relevant mandate holders with a view to coordinating efforts, while avoiding overlapping and duplication of work.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Type de document
- Special Procedures' report
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Personnes concernées
- Activists
- Année
- 2017
Paragraphe
The exercise of the rights to freedom of peaceful assembly and of association in the context of elections 2013, para. 19
- Paragraph text
- Apart from using excessive force against peaceful protesters, in some instances, States have criminalized the participation in and organization of peaceful assemblies during election time, with a view to sanctioning or deterring those willing or intending to do so. In Ethiopia, several peaceful demonstrators and human rights defenders were charged with "crimes of outrage against the constitutional order", and sentenced to life imprisonment for having participated in a demonstration against alleged fraud in the general elections of May 2005, in which over 190 protestors were reportedly killed by law enforcement authorities. After signing a statement admitting that their activities had been unconstitutional, they received a pardon and were freed. In the run-up to the legislative elections in Bahrain in September 2011, numerous human rights defenders and their relatives were arrested, dismissed from their jobs and subjected to intimidation and harassment for various politically motivated offences, including "participating in illegal gatherings". Following the presidential elections in December 2010 in Belarus, hundreds of persons protesting on election night were detained, including civil society activists, journalists, and opposition leaders, including presidential candidates. A peaceful protestor was subsequently sentenced to three years and six months in a labour colony on charges of mass disorder, for his participation in peaceful protests. He was initially detained for an administrative offence, but was later charged with a criminal offence, despite the fact that the police officer who had filed his arrest warrant stated in court that he had not actually seen him during the protest. Similarly, in the Russian Federation, charges of "mass disorder" have been pressed against peaceful protestors during election time. Many demonstrators were arrested and accused, inter alia, of "public intimidation" and "public incitation". Peaceful demonstrators in Azerbaijan have increasingly been targeted in the context of the forthcoming elections of October 2013, with several of them being arrested and/or fined. In Nepal in January 2006, four human rights defenders were arrested because of their involvement in the organization of large-scale peaceful demonstrations calling for a boycott of municipal elections scheduled for the following month.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Type de document
- Special Procedures' report
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Personnes concernées
- Activists
- Families
- Année
- 2013
Paragraphe
Best practices that promote and protect the rights to freedom of peaceful assembly and of association 2012, para. 49
- Paragraph text
- In this regard, the Special Rapporteur considers good practice the invitation of the London Metropolitan Police to Liberty, an independent human rights organization, to act as independent observers when they were policing a Trades Union Congress march in London in 2010. He also refers to the statement of the Vice-Chair of the Malaysian Human Rights Commission (SUHAKAM) made during the panel discussion on the promotion and protection of human rights in the context of peaceful protests, at the nineteenth session of the Human Rights Council (A/HRC/19/40, para. 33). The Vice-Chair highlighted, inter alia, the monitoring role played by SUHAKAM during a sensitive public demonstration, by deploying teams of observers.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- Activists
- Année
- 2012
Paragraphe
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 77
- Paragraph text
- At times State authorities actually bolster employers' efforts to restrict workers' peaceful assembly and association rights. In 2013, in Algeria, police violently dispersed a peaceful protest of the Contractual Workers Union at a Government compound, and arrested 20 people. In Nigeria, on 19 May 2016, police beat, tear-gassed and arrested members of the Nigerian Labour Congress who were peacefully demonstrating, claiming that workers had not obtained police clearance to hold the protest. The Special Rapporteur stresses that the right to peaceful assembly is fundamental; its exercise does not require the permission of the State (A/HRC/32/36/Add.1, para. 17).
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Type de document
- Special Procedures' report
- Thèmes
- Economic Rights
- Personnes concernées
- Activists
- Année
- 2016
Paragraphe
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 45
- Paragraph text
- The Constitution of the Republic of Cuba states that the Communist Party is the superior leading force of the society and the State, organizing and guiding common efforts, effectively eliminating the ability of those with competing ideologies to engage seriously in public life. The rights to freedom of peaceful assembly and of association are guaranteed by the Constitution, but in practice these rights cannot be used to peacefully criticize the ruling party or its policies. For instance, in 2012 a group of protestors were reportedly arrested and physically assaulted by the police when they were peacefully demonstrating in Havana against hunger and poverty in the country (see A/HRC/20/30, case CUB 5/2011). Technically, the existence of other political parties was legalized in 1992, but none of these groups performs the function of a true opposition party due to the constitutional dominance of the Communist Party and restrictions on campaigning and the conduct of political activities.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- Activists
- Année
- 2016
Paragraphe
Best practices that promote and protect the rights to freedom of peaceful assembly and of association 2012, para. 48
- Paragraph text
- The Special Rapporteur refers to the report to the General Assembly of the then Special Representative of the Secretary-General on the situation of human rights defenders, who stated that "monitoring of assemblies can provide an impartial and objective account of what takes place, including a factual record of the conduct of both participants and law enforcement officials. This is a valuable contribution to the effective enjoyment of the right to peaceful assembly. The very presence of human rights monitors during demonstrations can deter human rights violations. It is therefore important to allow human rights defenders to operate freely in the context of freedom of assembly" (A/62/225, para. 91). Such defenders include members of civil society organizations, journalists, "citizen journalists", bloggers and representatives of national human rights institutions.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Type de document
- Special Procedures' report
- Thèmes
- Civil & Political Rights
- Personnes concernées
- Activists
- Année
- 2012
Paragraphe
Challenges faced by groups most at risk when exercising or seeking to exercise the rights to freedom of peaceful assembly and/or of association 2014, para. 60
- Paragraph text
- Criminal procedure laws and penal sanctions are used in several States to deter the exercise of the right to freedom of association. Authorities who are hostile to critical voices resort to criminal prosecution for defamation or similar offences, thereby discouraging and interfering with legitimate activities by groups. Organizations engaged in human rights work, anti-corruption advocacy and other accountability initiatives are particularly targeted. In Oman, between May and June 2012, 11 human rights defenders, including bloggers, writers, and members of human rights organizations and of the media, were sentenced for offences related to injurious speech and assembly. They were all pardoned on 22 March 2013. In Viet Nam, in March 2013, the police charged a human rights defender with slander against the regime. The authorities asserted that he had not expressed his opinions in a peaceful manner and that he had thus disturbed the public order. The country's Press Law of 1989 limits the right to express dissent, restricting it to "constructive" opinions on implementing the lines and policies of the Communist Party and the laws of the States law. In El Salvador, article 345 of the Criminal Code considers as illegal two or more people gathering to commit a crime. Despite the necessity to prove intent to commit a crime, law enforcement officials often stop and detain young people simply because it is believed that they are gathering to organize or plan a crime, or that they belong to a gang merely because they have a tattoo, are young, live in a particular neighbourhood where there is gang presence or are poor. Youth are additionally disproportionately affected because criminal groups force them to join their ranks, thereby violating their right to freedom of association.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Type de document
- Special Procedures' report
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Personnes concernées
- Activists
- Youth
- Année
- 2014
Paragraphe
The rights to freedom of peaceful assembly and of association in the context of natural resource exploitation projects 2015, para. 64
- Paragraph text
- Individual human rights defenders and associations may also be subject to attacks, stigmatization, intimidation, surveillance, travel bans, and risk the suspension of their activities or even dissolution of the organization when they speak out against natural resource exploitation. The organization Publish What You Pay Uganda reported, for example, that they had had their equipment confiscated for nearly two months after trying to screen a documentary on lessons that could be learned from other resource-rich countries.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Type de document
- Special Procedures' report
- Thèmes
- Environment
- Personnes concernées
- Activists
- Année
- 2015
Paragraphe
The rights to freedom of peaceful assembly and of association in the context of natural resource exploitation projects 2015, para. 19
- Paragraph text
- In many cases, the most egregious violations of the rights to freedom of peaceful assembly and of association in the context of natural resource exploitation are committed against groups and individuals inhabiting regions far from centres of power, who are often at risk or already marginalized within society. They may lack access to information or the means of effectively advocating for their concerns, or they may be confronted with authorities are that are unable or unwilling to address their grievances. The ability to freely associate and to peacefully assemble are indispensable in this regard. Some of the categories of persons that require special attention in the context of the rights to freedom of peaceful assembly and of association and of natural resource exploitation are women (including women human rights defenders), Afro-descendants, indigenous peoples, peasant farmers, fisher folk and forest dwellers.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Type de document
- Special Procedures' report
- Thèmes
- Civil & Political Rights
- Environment
- Personnes concernées
- Activists
- Ethnic minorities
- Women
- Année
- 2015
Paragraphe
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.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Type de document
- Special Procedures' report
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Personnes concernées
- Activists
- Année
- 2017
Paragraphe
Comparative study of enabling environments for associations and businesses 2015, para. 64
- Paragraph text
- The United States has exhibited harsher treatment of associations for violating the Anti-Terrorism Act, which prohibits "knowingly provid[ing] material support", including funding, to terrorist organizations. In March 2007, Chiquita Brands International was only fined for knowingly making direct payments to terrorists for protection from violence in Colombia, whereas, nine United States charities have been shut down for similar alleged violations since 2001.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Violence
- Personnes concernées
- Activists
- Année
- 2015
Paragraphe
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 92h
- Paragraph text
- In this regard, the Special Rapporteur reiterates recommendations made in previous reports to the extent that they are applicable to this context, and makes the following recommendations to States: (h) Use ordinary provisions of the Criminal Code to prosecute extremist or terrorist acts and refrain from enacting legislation that specifically targets religious activities, religious organizations, civil society, human rights defenders and activists;
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Type de document
- Special Procedures' report
- Thèmes
- Civil & Political Rights
- Equality & Inclusion
- Personnes concernées
- Activists
- Année
- 2016
Paragraphe
Comparative study of enabling environments for associations and businesses 2015, para. 100
- Paragraph text
- Differential treatment of assemblies takes various forms. The authorities may deny permission, licences or other facilitation for demonstrations and protests, especially those held in opposition to major corporate-sponsored events. A glaring example is the crackdown by Azerbaijan on human rights activists protesting the European Games, which were largely sponsored by corporate entities. The Special Rapporteur previously cited with concern the case of protestors who staged a sit-in at the department store Fortnum & Mason, in London. The demonstrators did not prevent customers from shopping, yet 138 were arrested and charged with aggravated trespass; 29 were prosecuted.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- Activists
- Année
- 2015
Paragraphe
The rights to freedom of peaceful assembly and of association in the context of natural resource exploitation projects 2015, para. 55
- Paragraph text
- The Special Rapporteur is alarmed by the latitude afforded to corporations and private military and security companies in relation to policing, and often suppressing, peaceful protests. He echoes the grave concerns expressed by other special procedures mandate holders about these companies suppressing legitimate advocacy activity, particularly social protest, and their attacks on human rights defenders (see A/HRC/7/7/Add.4, para. 71, and A/HRC/19/55, para. 63). In his view, the potential for violations of rights, including to peaceful assembly and association rights, is particularly high when law enforcement responsibilities are ceded to private actors, who are accountable to their clients rather than to the public. Private security companies have also been known to receive concessions to exploit natural resources in exchange for their services, further blurring the interests and relationships between the actors (see A/61/341, para. 74).
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Type de document
- Special Procedures' report
- Thèmes
- Civil & Political Rights
- Personnes concernées
- Activists
- Année
- 2015
Paragraphe