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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. 39
- Paragraph text
- Problems can arise even in States where the assembly rights of non-citizens are protected by law. The Special Rapporteur has received reports that in Cyprus, for example, some private employment contracts prohibit migrants from engaging in political activity, effectively depriving that group of their right to peacefully assemble (and freely associate). Although provisions contained in private employment contracts do not represent direct restrictions from the State, the State does have an important and pivotal role in prohibiting such restrictions, that is, by rejecting such restrictions as valid contractual terms under domestic law. The Special Rapporteur recalls that Member States have a responsibility to facilitate and protect the right to freedom of peaceful assembly. States should closely examine their role in supporting, even if inadvertently, private restrictions on that right. State mechanisms and institutions must not be used to enable private actors to abrogate fundamental rights.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Persons on the move
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 98ix
- Paragraph text
- [The Special Rapporteur recommends that States:] Devoting particular attention to protecting and promoting the assembly and association rights of migrant workers, who by virtue of their immigration status may lack other mechanisms with which to advance their political, social and economic interests;
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Economic Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 72
- Paragraph text
- The Special Rapporteur welcomes the fact that in Slovenia anyone has the freedom to join a trade union, and that a trade union of migrant workers was established and gained legal personality in February 2016.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the context of multilateral institutions 2014, para. 90f
- Paragraph text
- [Moreover, the Special Rapporteur calls upon States members of multilateral institutions to:] Facilitate the issuance of visas for those seeking to engage with multilateral bodies based on their territory;
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the context of multilateral institutions 2014, para. 84
- Paragraph text
- Another issue of concern brought to the attention of the Special Rapporteur by many civil society activists is the inhospitable visa regimes in countries where multilateral organizations are located, such as Switzerland and the United States of America.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 50
- Paragraph text
- The rights to freedom of peaceful assembly and of association are recognized in numerous international instruments, including the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights and the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 102i
- Paragraph text
- [The Special Rapporteur recommends that the United Nations and multilateral financial institutions:] In consultation with trade unions and worker organizations, ensure the promotion and protection of assembly and association rights in their policies and programmes, particularly with regard to policies related to employment, economic development, trade, migration and the rights of specific groups, including women, children, racial/ethnic minorities;
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Ethnic minorities
- Persons on the move
- Women
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 82
- Paragraph text
- Even migrant workers who have formal access to inspectors are reluctant to report violations for fear of deportation. In addition, migrants often have no legal rights or access to temporary accommodations to remain in country during legal procedures, thus preventing reporting and participation in legal proceedings. The lack of written contracts in the informal work environment renders it difficult to prove employment.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 49
- Paragraph text
- Many countries, including the United Kingdom and France, exclude domestic workers from the jurisdiction of labour inspectorates in deference to employers' privacy. Canada (Ontario), Ethiopia and Jordan exempt domestic workers from laws covering trade union representation. Migration law often also treats domestic workers differently from other workers. The Special Rapporteur notes, however, as a positive step, that 30 countries have now extended labour protection to domestic workers.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
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 International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families guarantees the right to join associations and take part in the activities of associations, but stops short of protecting the right to form associations (art. 26).
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 40
- Paragraph text
- In his fourth report to the General Assembly (A/71/385), the previous mandate holder focused on the rights to freedom of peaceful assembly and of association in the workplace in the context of the new global economic order, in which the power of large multinational corporations had increased, while, at the same time, the power of States to regulate those business entities had eroded, if not, in some cases, having been voluntarily ceded in order to attract the businesses in question. He observed that the new global economic order had had a profound impact on workers’ ability to exercise their rights to freedom of peaceful assembly and of association. He noted that the traditional tools for asserting labour rights, such as trade unions, strikes and collective bargaining, had been significantly weakened around the globe, and vast swathes of the world’s labour force were unable to exercise their fundamental rights to associate or assemble and were without access to remedies when their rights were violated. He examined how and why that had happened, focusing on the most marginalized portions of the world’s labour force, including global supply chain workers, informal workers, migrant workers and domestic workers. He found that, although States were under an international obligation to respect and promote workers’ rights to freedom of peaceful assembly and of association, many were dismally failing at the task, with grave implications. Those rights were a critical tool in levelling the unequal relationship between workers and employers that, in turn, helped workers to correct abuses and gain access to fair wages, safe working conditions and a collective voice. Poor enforcement of those rights in the workplace could also exacerbate global inequality, poverty, violence and child and forced labour and directly contributed to problems such as trafficking in persons and slavery. He recommended obliterating the distinction between labour rights and human rights generally, as labour rights were human rights, and the ability to exercise those rights in the workplace was a prerequisite for workers to enjoy a broad range of economic, social, cultural, political and other rights.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Persons on the move
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 70
- Paragraph text
- Anti-immigration sentiments, often based on cultural and nationalist ideologies, have strengthened the popularity of many right-wing political parties, especially in Europe. Nationalist parties in countries such as Austria, Denmark, Hungary and Switzerland, among others, have attracted significant support in recent elections. The Special Rapporteur is extremely concerned that the acceptance and adoption by political actors of attitudes of cultural or national superiority has triggered a process of gradually legitimizing racism and xenophobia. This can have devastating consequences, as history has proved time and again. He stresses that States are obliged to take measures to guard against such an eventuality.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Social & Cultural Rights
- Person(s) affected
- Persons on the move
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 24
- Paragraph text
- A broad approach to understanding "fundamentalism" is important in order to clarify possible violations and understand State responsibilities. For example, the designation and privileging of a State religion or ideology may serve to encourage intolerance of other religions by non-State actors. A one-party political system is virtually guaranteed to entrench intolerance - both State-sponsored and private - of other political ideologies. Extreme nationalist rhetoric that is echoed by political figures in leadership positions may result in attacks on migrant populations and civil society organizations working on migrant issues.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Social & Cultural Rights
- Person(s) affected
- Persons on the move
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 94
- Paragraph text
- The majority of the world's workers, particularly those in vulnerable situations, such as migrant, women and domestic workers, are disenfranchised of their rights to freedom of peaceful assembly and of association in the workplace. That disenfranchisement is the result of many factors, including the failure of much touted economic policies in reducing poverty and economic inequality; the increasing power of large multinational corporations and corresponding failure by States to effectively regulate and enforce norms and standards against those actors; the fragmentation of the workplace and diffusion of employer responsibilities across a range of actors; and the global crackdown on civil society that targets organizations and individuals working on labour issues.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Persons on the move
- Women
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 81
- Paragraph text
- Access to effective remedies is a key issue for workers, who often lack legal recourse for rights violations. Workers in vulnerable situations may find it especially difficult to assert their rights because of structural impediments, including lack of access to labour inspectorates that often do not operate in informal and private work places; collaboration between immigration and police officials that prioritizes investigating migration status over employers' violations of rights; and restrictions that make migrant workers "unfree labour", preventing them from circulating in host countries.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 30
- Paragraph text
- Every year the United States has more than 100,000 guest workers on temporary H-2 work visas in sectors like landscaping, construction, seafood processing and agriculture. Although they are documented migrants, guest workers report being cheated of their wages, threatened with guns, beaten, raped, starved and imprisoned. Some have died on the job. The link between the visa and employer provides a coercive element: workers who complain about working conditions can be fired, and must leave the country or face deportation. This contingent relationship quells workers' efforts to exercise freedom of association and assembly. Workers who attempt to exercise their rights are often blacklisted by employers, who use the threat of denied future work opportunities to silence workers.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 29
- Paragraph text
- Having legal status does not ensure workers can exercise their fundamental rights. Most temporary or circular migration programmes structurally deny or inhibit rights to assembly and association and leave workers at the mercy of employers. Two such programmes are the Middle East kafala and United States guest-worker programmes. In many Middle East countries (such as Bahrain, Kuwait, Oman, Saudi Arabia and Qatar), this hyper-rigid system ties a migrant worker's presence in the country to a visa sponsored by a citizen. Workers' ability to reside, work or even leave the country is subject to the approval and whims of a migrant's sponsor, who has near total control over the worker's existence. Nearly the same is true in United States guest-worker programmes, where visas are tied to specific employers. From a legal standpoint, these States have delegated oversight, control and responsibility for foreign nationals to private companies and individuals. Such devolution of responsibility has led to gross abuses and denial of fundamental rights.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The rights to freedom of peaceful assembly and of association in the context of natural resource exploitation projects 2015, para. 52
- Paragraph text
- The Special Rapporteur notes that requirements to obtain prior authorization before gatherings related to the exploitation of natural resources - such as information sessions, consultations, public hearings and the like - not only infringe on the right to freedom of peaceful assembly, they also impede the right of affected communities to access information and participate in decision-making. In Uganda, non-governmental organizations working on oil issues are reportedly required by authorities to seek permission, in particular from the Ministry of Energy and Mineral Development before they can meet with grassroots communities, although the authorities have made efforts to remedy this situation.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Environment
- Governance & Rule of Law
- Person(s) affected
- All
- Persons on the move
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
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. 48
- Paragraph text
- Legislation that explicitly excludes individuals or groups from forming associations on the basis of prohibited grounds constitutes a violation of the rights of those groups. For example, migrant workers are explicitly prohibited from forming trade unions in Singapore, and they are not allowed to join or form unions in the Plurinational State of Bolivia (CMW/C/BOL/CO/2, para. 34). In some instances non-nationals are allowed to join existing trade unions or labour associations but are not allowed to hold office in those associations, as in Singapore. However, the restriction on forming their own associations deprives migrants of autonomy and vehicles through which to advocate or promote issues of concern that may differ from those of nationals.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
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. 38
- Paragraph text
- The Special Rapporteur also notes with concern that citizenship laws are, by their nature, frequently politicized and often drafted by dominant groups and thus provide an inherently problematic basis for denying the assembly rights of non-dominant groups. One of the more disturbing cases that the Special Rapporteur has examined is the situation of some 700,000 members of the Rohingya minority in Myanmar. The origins of the Rohingya people are controversial; some historians claim that the group dates back centuries, while others claim that the group largely comprises descendants of migrants who arrived during the British colonial period. Yet under Myanmar law, Rohingya are considered "non-nationals" and do not have citizenship rights. By extension, they have no right to peaceful public assembly under domestic law.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Persons on the move
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
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. 25
- Paragraph text
- In the case of non-citizens and migrants, the Special Rapporteur notes that international law does allow for some citizenship-related limitations on certain political rights, such as voting rights and the ability to hold political office. It is however precisely for that reason that States should ensure that migrants are not stripped of other fundamental rights, particularly assembly rights. An individual's lack of citizenship or legal status does not mean that she or he should have no voice whatsoever in the political, economic or social affairs of her or his country of residence. In a sense, groups that are disenfranchised from mainstream political activities, such as voting and holding office, have an even greater need for alternative means to participate in the public sphere. Peaceful assemblies are an important tool for allowing the voices of otherwise excluded groups to be heard.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Persons on the move
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
21 shown of 21 entities