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The Special Rapporteur's vision of the mandate 2017, para. 12
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- When the people and civil society benefit, States, international organizations and international society as a whole benefit, too.
- 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
- All
- Année
- 2017
Paragraphe
The Special Rapporteur's vision of the mandate 2017, para. 48
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- The rapid pace of technological development enables individuals all over the world to use information and communications technology and, at the same time, enhances the capacity of Governments, business enterprises and individuals to undertake surveillance, interception and data collection, which may violate or abuse human rights. It is generally recognized that the same rights that people have offline must also be protected online, including the rights to freedom of peaceful assembly and of association (see, for example, Human Rights Council resolution 34/7). However, Internet shutdowns have emerged as a popular means of information control. Government surveillance continues to intensify worldwide, jeopardizing the privacy and security of millions. Net neutrality, the long-held premise that all Internet data should be treated equally and without undue interference, has come under attack (see A/HRC/35/22).
- 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
- All
- Année
- 2017
Paragraphe
The Special Rapporteur's vision of the mandate 2017, para. 76
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- More generally, her mandate has an important prevention and early warning role to play in the discharge of the responsibility to protect, as it is uniquely placed to collect a wealth of information on issues linked to the freedom of peaceful assembly and of association, including gaps in protection, swiftly deteriorating situations and the scale, the nature and patterns of violations. The Special Rapporteur will, when necessary, call the attention of the relevant bodies, including the Security Council, to such situations and request that they address, and take immediate action in response to, the risks and violations identified.
- Organe
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Type de document
- Special Procedures' report
- Thèmes
- Civil & Political Rights
- Humanitarian
- Personnes concernées
- All
- Année
- 2017
Paragraphe
The Special Rapporteur's vision of the mandate 2017, para. 34
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- 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).
- 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
- All
- N.A.
- Année
- 2017
Paragraphe
The Special Rapporteur's vision of the mandate 2017, para. 68
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- The media will be accessed and used whenever it is truly believed that drawing public attention to specific situations has a reasonable prospect of either improving the promotion and protection of the freedom of peaceful assembly and of association for the people on the ground or of preventing their violation.
- 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
- All
- Année
- 2017
Paragraphe
The Special Rapporteur's vision of the mandate 2017, para. 25
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- In the Universal Declaration of Human Rights, human rights were recognized as the foundation of freedom, justice and peace. In the unanimously adopted Vienna Declaration and Programme of Action, democracy, development and respect for human rights and fundamental freedoms were evoked as interdependent and mutually reinforcing.
- 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
- All
- Année
- 2017
Paragraphe
The Special Rapporteur's vision of the mandate 2017, para. 27
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- The Human Rights Council has reaffirmed those principles through a number of resolutions. Most recently, on 23 June 2017, it adopted resolution 35/21 on the contribution of development to the enjoyment of all human rights. In the resolution, the Council recognized the common aspiration of the international community to build a shared future for human beings and affirmed that development contributed significantly to the enjoyment of all human rights. It called upon all countries to realize people-centred development of the people, by the people and for the people, and called upon all States to enhance international cooperation and to spare no effort in promoting sustainable development, in particular while implementing the 2030 Agenda for Sustainable Development, as it was conducive to the overall enjoyment of human rights. The Council also welcomed further efforts to promote development initiatives with the aim of promoting partnerships, win-win outcomes and common development.
- 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
- All
- Année
- 2017
Paragraphe
The Special Rapporteur's vision of the mandate 2017, para. 16
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- 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.
- 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
- Humanitarian
- Personnes concernées
- All
- N.A.
- Année
- 2017
Paragraphe
The Special Rapporteur's vision of the mandate 2017, para. 79
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- The Special Rapporteur will cooperate with international organizations both inside and outside the United Nations system, in particular ILO, while being mindful of paragraph 5 (g) of Human Rights Council resolution 15/21, according to which her tasks include undertaking activities “such that the present mandate will not include those matters of specific competence of the International Labour Organization and its specialized supervisory mechanisms and procedures with respect to employers’ and workers’ rights to freedom of association, with a view to avoiding any duplication”.
- Organe
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Type de document
- Special Procedures' report
- Thèmes
- Economic Rights
- Governance & Rule of Law
- Personnes concernées
- All
- N.A.
- Année
- 2017
Paragraphe
The Special Rapporteur's vision of the mandate 2017, para. 24
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- The intrinsic and inherent link between democracy and the rights to freedom of peaceful assembly and of association does not exhaust the importance of, nor does it fully testify to, the fundamental nature of those rights. Civil society contributes to development as much as it does to democracy.
- 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
- All
- Année
- 2017
Paragraphe
The Special Rapporteur's vision of the mandate 2017, para. 84
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- 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.
- 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
- All
- Année
- 2017
Paragraphe
The Special Rapporteur's vision of the mandate 2017, para. 85
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- The Special Rapporteur recommends that States and all international actors and relevant stakeholders make full use of the mandate. The mandate is a service, and the rights to freedom of peaceful assembly and of association are essential for democracy and constitute an indispensable condition for sustainable development.
- 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
- All
- Année
- 2017
Paragraphe
The Special Rapporteur's vision of the mandate 2017, para. 80
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- Consultation and coordination with regional human rights organizations worldwide and national human rights mechanisms are equally essential to the success of the mandate.
- 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
- All
- Année
- 2017
Paragraphe
The Special Rapporteur's vision of the mandate 2017, para. 11
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- 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.
- 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
- Humanitarian
- Personnes concernées
- All
- Année
- 2017
Paragraphe
The Special Rapporteur's vision of the mandate 2017, para. 9
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- 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.
- 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
- All
- Année
- 2017
Paragraphe
The Special Rapporteur's vision of the mandate 2017, para. 37
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- In his fourth report to the Human Rights Council (A/HRC/29/25), on the rights to freedom of peaceful assembly and association in the context of natural resource exploitation, the previous mandate holder examined the role that those rights played in opening up space for genuine and effective participation across the spectrum of natural resource exploitation activities. He also examined how those rights helped to foster increased transparency and accountability, facilitate constructive dialogue and, ultimately, form the basis for people’s ability to secure other substantive rights. In the report, he noted that the significance of civil society as a stakeholder in the context of natural resource exploitation was underestimated, misperceived and often denied by both States and businesses and that that was symptomatic of a growing disregard for a plurality of views, particularly those which championed non-economic values over economic ones. He argued that such disregard for civil society input was counterproductive and divisive and likely to contribute to an erosion of confidence in the world’s prevailing economic system. He concluded that it was in the interest of both States and corporations to recognize actions by civil society groups, both in support of and against the entire decision-making chain in natural resource governance, as a legitimate exercise by those individuals and groups of their rights to freedom of peaceful assembly and of association.
- Organe
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Type de document
- Special Procedures' report
- Thèmes
- Environment
- Personnes concernées
- All
- N.A.
- Année
- 2017
Paragraphe
The Special Rapporteur's vision of the mandate 2017, para. 13
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- The mandate holder is committed to using her mandate to ensure the full exercise of the rights to freedom of peaceful assembly and of association by all the peoples of the United Nations.
- 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
- All
- Année
- 2017
Paragraphe
The Special Rapporteur's vision of the mandate 2017, para. 15
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- The rights to freedom of peaceful assembly and of association are fundamental rights that form the basis of the full enjoyment of other rights, as they enable the exercise of a number of civil, political, economic, cultural and social rights.
- 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
- All
- Année
- 2017
Paragraphe
The Special Rapporteur's vision of the mandate 2017, para. 14
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- The rights to freedom of peaceful assembly and of association are among the many rights on the list of international human rights; just as all human rights, they are universal, indivisible, interdependent and interrelated.
- 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
- All
- Année
- 2017
Paragraphe
The Special Rapporteur's vision of the mandate 2017, para. 83
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- The success of the mandate on the rights to freedom of peaceful assembly and of association, just as that of any other mandate, cannot be measured in terms of resolutions adopted, reports presented, dialogues held or initiatives promoted.
- 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
- All
- Année
- 2017
Paragraphe
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 58
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- States have the primary role in preventing or halting violations of workers' rights to freedom of peaceful assembly and of association, with clear obligations to protect, promote, facilitate and fulfil those rights, even in the global economy. Yet workers' ability to exercise their rights is in precipitous decline. Many States place obstacles, both in law and practice, that restrict workers' rights or fail to enforce laws protecting those rights. The International Trade Union Confederation found that 50 of 141 countries surveyed had such restrictions.
- Organe
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Type de document
- Special Procedures' report
- Thèmes
- Civil & Political Rights
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2016
Paragraphe
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 18
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- The values of pluralism and tolerance also lie at the heart of the International Covenant on Civil and Political Rights. Article 2 (1) requires each State party "to respect and to ensure to all individuals within its territory and subject to its jurisdiction the rights recognized in the present Covenant, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status". Furthermore, article 20 (2) prohibits advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence.
- 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
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2016
Paragraphe
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 8
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- In recent decades, economic globalization, implemented with as few regulations on companies and capital as possible, has been touted by many economists as an essential vehicle to global prosperity and the end of poverty. The economic system that grew out of that philosophy has indeed led to a rise in global economic productivity and wealth, but it has also contributed to a dramatic rise in the power of large multinational corporations and concentrated wealth in fewer hands. At the same time, States' power to regulate those business entities has eroded. Further, the world's recent economic growth has not been shared equally. Productivity and economic output have increased, but so has inequality, with the fruits of that growth going primarily to the wealthiest.
- Organe
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Poverty
- Personnes concernées
- All
- N.A.
- Année
- 2016
Paragraphe
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 67
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- Restrictions often used include exclusion of categories of workers from the right to strike; excessive prerequisites required to hold a legal strike; inappropriate legal changes that allow public authorities to suspend or declare a strike illegal; and government and public arguments favouring restrictions on the right to strike. Onerous requirements or excessive restrictions can make it almost impossible to conduct a legal strike, thereby removing one of the tools of last recourse for workers trying to bring unwilling employers to the bargaining table. Such restrictions constitute a violation of workers' rights to freedom of assembly and of association.
- Organe
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Type de document
- Special Procedures' report
- Thèmes
- Economic Rights
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2016
Paragraphe
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 51
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- The International Covenant on Civil and Political Rights provides that States must respect assembly and association rights and ensure that all people within their territory and jurisdiction enjoy them, without distinction of any kind, through law, the provision of remedies and effective enforcement. States must also refrain from violating rights recognized by the Covenant, and are accountable for violations of those rights when the infringement occurs as a result of its failure to secure the right in domestic law and practice. The desire to maximize economic profit or create attractive investment climates does not lower the obligations and responsibilities of the State. The Covenant also obliges States to combat discrimination by private actors, including in employment.
- 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
- All
- Année
- 2016
Paragraphe
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 60
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- Legislative precariousness regarding the freedoms of association and of peaceful assembly is widespread globally, as is the lack of policy harmony surrounding it. States frequently pass laws that are not fully protective of assembly and association rights, explicitly restrict rights and exclude certain groups or limit certain components of rights. For example, in India, where tens of millions of workers are in the informal economy, the Government is working to increase the flexibility of labour laws to make it easier for employers to fire workers.
- 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
- All
- Année
- 2016
Paragraphe
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 55
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- The International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights both explicitly protect the right to form and join trade unions. International human rights law also imposes upon States a duty to actively promote, encourage and facilitate the enjoyment of fundamental rights, including labour rights (A/70/266, para. 4). Further, the notion that States should promote trade unionism among workers is implicit in the International Covenant on Economic, Social and Cultural Rights. States must take measures to ensure that third parties do not interfere with union rights.
- 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
- All
- Année
- 2016
Paragraphe
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 37
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- The free market fundamentalist ideology opposes the very existence of trade unions in general, with one author arguing that they are viewed as "monopolist agents manipulating the price of labour to the advantage of some (a minority) and to the disadvantage of others (the majority, including non-unionized workers and consumers)". The Special Rapporteur views anti-unionism as an inherently troubling aspect of free market fundamentalism, as the right to organize in the workplace is protected by the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights, and through various conventions of the International Labour Organization.
- Organe
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Type de document
- Special Procedures' report
- Personnes concernées
- All
- N.A.
- Année
- 2016
Paragraphe
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 13
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- Disenfranchisement is the shared condition of these workers and predominates across countries and global supply chains. Whether intentional or not, the legal environment for these workers promotes labour markets that fundamentally depend on powerless workers and a low-wage environment. Employers and others who evade the law and disrespect standards gain a competitive advantage over compliant employers, at the cost of workers' rights to freedom of peaceful assembly and of association.
- Organe
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Personnes concernées
- All
- Année
- 2016
Paragraphe
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 21
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- Informal work is often characterized by poor employment conditions, low wages and lack of protection against non-payment of wages, layoffs without notice or compensation, compulsory overtime, unsafe and unhealthy working conditions, and the absence of social benefits such as health insurance, sick leave, pensions or social security. Because they are generally outside the framework of labour law protection, informal workers have little access to justice and less opportunity to assemble, form or join unions, or bargain for higher wages or better working conditions. Their lack of fundamental rights leaves them with little ability to hold accountable those who have power over them and strips them of the power to change their conditions. States, working with employers, are choosing who is or is not covered by union rights.
- Organe
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Social & Cultural Rights
- Personnes concernées
- All
- Année
- 2016
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