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The Special Rapporteur's vision of the mandate 2017, para. 67
- Paragraph text
- In the first few months of her work, she has already engaged in fruitful discussions with other relevant mandate holders on how to streamline communications and make them more effective. She will pay particular attention to the follow-up to her communications.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 46a
- Paragraph text
- [The first thematic report to the Human Rights Council, in 2018, will be focused on the use of force, including less lethal weapons, and the management of assemblies, building upon the joint report on the proper management of assemblies presented in 2016 (see paras. 22 and 41 above), pursuant to Council resolution 25/38. In addition to following up on the compilation of practical recommendations for the proper management of assemblies provided in the joint report, the Special Rapporteur will tackle current and emerging issues, including:] The distinction between situations of internal disturbances and tensions, such as riots, isolated and sporadic acts of violence and other acts of a similar nature, and cases of armed conflicts not of an international character. The latter trigger the application of article 3 common to the Geneva Conventions relating to the protection of victims of international armed conflicts and the application of the Protocol additional to the Geneva Conventions of 12 August 1949, and relating to the protection of victims of non-international armed conflicts. In that respect, the Special Rapporteur will discuss the principle that international humanitarian law does not apply to the exclusion of fundamental human rights law, but fully complements it;
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
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. 39
- Paragraph text
- International development cooperation between States has greatly increased in recent years and has allowed for advancing global development. To ensure the quality of aid, more collaborative approaches have now emerged. The Aid Effectiveness Agenda of the Paris Declaration (2005), the Accra Agenda for Action (2008) and the Busan Partnership for Effective Development Cooperation (2011) are implementation frameworks aimed at enhancing the effectiveness of aid. They have gradually required harmonization of donor initiatives and accountability of development partners, but also required partner States to take ownership of aid initiatives. Nevertheless, in some cases, the principles identified within this framework (namely, ownership, alignment, harmonization, results and mutual accountability) have been interpreted by some States as giving them the sole power to determine priorities and subsequently control the plans of CSOs, thereby justifying limitations over the activities of civil society actors, including their right to seek and use foreign funding. While an inclusive and participatory process towards aid is to be welcomed, a rights-based approach is needed to ensure civil society's access to funding is not unduly restricted.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Best practices that promote and protect the rights to freedom of peaceful assembly and of association 2012, para. 45
- Paragraph text
- The Special Rapporteur notes with satisfaction that, in most countries which responded to the questionnaire, capacity-building activities on international human rights law, and sometimes on international humanitarian law, are provided to law enforcement, notably in police academies, and other authorities (e.g. Cote d'Ivoire, Croatia, Cuba, Estonia, Honduras, Germany, Guatemala, Iraq, Mexico, Morocco, Peru, Senegal, Spain, Switzerland, United Kingdom and Uruguay). Such trainings were delivered in cooperation, inter alia, with national human rights institutions (e.g. Denmark, Hungary, Indonesia, Iraq, Malaysia, Mexico, Nepal, New Zealand, the Occupied Palestinian Territory, Paraguay, United Republic of Tanzania and Uganda), the Office of the United Nations High Commissioner for Human Rights (e.g. Mexico and Uganda), the OSCE/ODIHR (e.g. Armenia and Bulgaria), the European Commission (e.g. Bulgaria), NGOs (e.g. Armenia, Bulgaria, Canada, Croatia, Denmark, Malaysia and Serbia), universities (e.g. Morocco and Mexico), and the International Committee of the Red Cross (Peru). The Special Rapporteur stresses the need to provide regular follow-up trainings.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Best practices that promote and protect the rights to freedom of peaceful assembly and of association 2012, para. 29
- Paragraph text
- Should the organizers fail to notify the authorities, the assembly should not be dissolved automatically (e.g. as in Austria) and the organizers should not be subject to criminal sanctions, or administrative sanctions resulting in fines or imprisonment. This is all the more relevant in the case of spontaneous assemblies where the organizers are unable to comply with the requisite notification requirements, or where there is no existing or identifiable organizer. In this context, the Special Rapporteur holds as best practice legislation allowing the holding of spontaneous assemblies, which should be exempted from prior notification. This is the case for example, in Armenia, Estonia, Germany, the Republic of Moldova and Slovenia. In this connection, the European Court of Human Rights has emphasized that "in special circumstances when an immediate response, in the form of a demonstration, to a political event might be justified, a decision to disband the ensuing, peaceful assembly solely because of the absence of the requisite prior notice, without any illegal conduct by the participants, amounts to a disproportionate restriction on freedom of peaceful assembly".
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 64
- Paragraph text
- A total of 117 Member States and one non-member observer State have extended a standing invitation to thematic special procedures mandate holders. The Special Rapporteur will work in close cooperation with the Working Group on the Universal Periodic Review to ensure that all Member States extend a standing invitation to mandate holders. She will also endeavour to ensure that each standing invitation corresponds to an actual request for a country visit by the mandate holder.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 46f
- Paragraph text
- [The first thematic report to the Human Rights Council, in 2018, will be focused on the use of force, including less lethal weapons, and the management of assemblies, building upon the joint report on the proper management of assemblies presented in 2016 (see paras. 22 and 41 above), pursuant to Council resolution 25/38. In addition to following up on the compilation of practical recommendations for the proper management of assemblies provided in the joint report, the Special Rapporteur will tackle current and emerging issues, including:] New weapons technologies, including unmanned systems. The Special Rapporteur will explore the challenges and opportunities of new technologies from the perspective of the rights to freedom of peaceful assembly and of association.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 46e
- Paragraph text
- [The first thematic report to the Human Rights Council, in 2018, will be focused on the use of force, including less lethal weapons, and the management of assemblies, building upon the joint report on the proper management of assemblies presented in 2016 (see paras. 22 and 41 above), pursuant to Council resolution 25/38. In addition to following up on the compilation of practical recommendations for the proper management of assemblies provided in the joint report, the Special Rapporteur will tackle current and emerging issues, including:] Less lethal weapons. Among the questions to be dealt with in this context are whether the binary separation of lethal and non-lethal weapons should be abandoned or retained and whether and how the use of less lethal weapons, which can result in risk to life when improperly deployed, should be restricted to law enforcement agents and be strictly regulated;
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 46d
- Paragraph text
- [The first thematic report to the Human Rights Council, in 2018, will be focused on the use of force, including less lethal weapons, and the management of assemblies, building upon the joint report on the proper management of assemblies presented in 2016 (see paras. 22 and 41 above), pursuant to Council resolution 25/38. In addition to following up on the compilation of practical recommendations for the proper management of assemblies provided in the joint report, the Special Rapporteur will tackle current and emerging issues, including:] Private security contractors and the managing of assemblies. A restatement of the legal framework is equally needed for guiding both countries and assemblies that engage private sector contractors;
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 46c
- Paragraph text
- [The first thematic report to the Human Rights Council, in 2018, will be focused on the use of force, including less lethal weapons, and the management of assemblies, building upon the joint report on the proper management of assemblies presented in 2016 (see paras. 22 and 41 above), pursuant to Council resolution 25/38. In addition to following up on the compilation of practical recommendations for the proper management of assemblies provided in the joint report, the Special Rapporteur will tackle current and emerging issues, including:] United Nations peacekeepers and the managing of assemblies. The distinction between civilian police, military police and policing in the context of peacekeeping missions may also require review to determine whether the legal framework for each of those situations is different;
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 46b
- Paragraph text
- [The first thematic report to the Human Rights Council, in 2018, will be focused on the use of force, including less lethal weapons, and the management of assemblies, building upon the joint report on the proper management of assemblies presented in 2016 (see paras. 22 and 41 above), pursuant to Council resolution 25/38. In addition to following up on the compilation of practical recommendations for the proper management of assemblies provided in the joint report, the Special Rapporteur will tackle current and emerging issues, including:] The militarization of police and other law enforcement officials. In this regard, the Special Rapporteur will consider whether the rules on the use of force need to be the same when a State resorts to deploying military and armed forces in the policing of assemblies;
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 16
- Paragraph text
- The rights to freedom of peaceful assembly and of association are not absolute, meaning that not only can they be temporarily derogated from in a state of emergency, but they can also be exceptionally interfered with under other circumstances. While they are human rights guaranteed to all, their exercise may be subject to certain restrictions. Such restrictions are permitted if they are necessary for a number of public purposes, including the protection of the rights and freedoms of others, as long as they are proportionate and provided for by law. Security and emergency laws, measures aimed at curtailing the financing of international terrorism, anti-money-laundering regulations and other limitations restrictive of civic space in the name of general public purposes, however, do not, as such, justify systematic violations of the freedom of peaceful assembly and of association.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- All
- N.A.
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 86
- Paragraph text
- This is what happened in the Syrian Arab Republic, Libya and elsewhere. Opposition and dissent were long repressed, impeding the growth and maturity of peaceful, constructive civil society organizations. Instead, when the governments of those countries were destabilized, extremist groups - including from outside the country - were the best prepared to step in and fill the power vacuum. These scenarios are the product of a system that gave no space for peaceful civic engagement. In Tunisia, by contrast, civil society was more developed than in most other places in the Arab world. It has been indispensable to the relative, albeit uneasy, stability, and won a Nobel Peace Prize for its contributions.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- N.A.
- 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. 82
- Paragraph text
- The rights to freedom of peaceful assembly and of association are precisely those tools. They allow people to come together to share their experiences, to challenge the status quo, and to identify and solve problems. They allow us to build stable, peaceful, inclusive and prosperous societies sustainably. Assembly and association rights are also platforms for the exercise and promotion of other civil, cultural, economic, political and social rights (see A/HRC/23/39). Shutting down a humanitarian NGO, for example, is not only an affront to those who operate the NGO; it also hurts those who benefit from the NGO's work.
- 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
- Humanitarian
- Person(s) affected
- N.A.
- 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. 24d
- Paragraph text
- [A notable shortcoming of the voluntary obligations for corporations is that they do not go far enough in ensuring that both States and businesses are held accountable for any failures to comply with them, nor do they encourage robust oversight by Governments of actions by businesses that may violate human rights. Several documents set out voluntary human rights obligations for companies in relation to human rights in general and the rights to freedom of peaceful assembly and of association in particular. These include:] The International Code of Conduct for Private Security Service Providers, a multi-stakeholder initiative convened by the Government of Switzerland to set standards and principles for the conduct of private security service providers based on international human rights and humanitarian law. The initiative establishes an external independent oversight mechanism to enhance accountability;
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Comparative study of enabling environments for associations and businesses 2015, para. 12
- Paragraph text
- It is also important to note that the motivation for differential treatment can, in some circumstances, relate more to an entity's activities than its status as a for-profit or non-profit body. For-profit media companies, for example, are often targeted for particularly strict regulation. A large international non-profit humanitarian organization, on the other hand, might receive more favourable treatment than a local human rights NGO. Restrictions often boil down to an entity's perceived threats and benefits to power, though the Special Rapporteur has found in general that associations are more likely to face systematic restrictions than businesses in most States.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2015
- 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. 45
- Paragraph text
- Practical accessibility is also important. Most multilateral institutions do not maintain a large number of country offices, meaning there is little opportunity for day-to-day engagement with local civil society. This problem may arise from a lack of adequate resources. For example, of the three pillars of the United Nations work, peace and security, and development receive the largest share of funds, while human rights receives only 3 per cent of the total United Nations budget. In addition, States may decline to allow field presences to some multilateral entities or hamper the effective operations of existing field offices.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 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. 33
- Paragraph text
- The United Nations Development Programme (UNDP) in Kenya and Malawi, for example, has a requirement that money from their "basket funds" cannot be used for protests. The Special Rapporteur finds this requirement inappropriate, given the fundamental nature of the right to freedom of peaceful assembly. Conversely, the United Nations Office of the High Commissioner for Human Rights (OHCHR) monitors public assemblies in countries where it has field presences, such as in Cambodia - and may also intervene with authorities to remedy violations of demonstrators' right of assembly. However, this does not apply consistently everywhere OHCHR has a field presence, for example, the OHCHR office in Ethiopia does not carry out programming on human rights at the national level.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 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. 30
- Paragraph text
- The Special Rapporteur cautions multilateral institutions against what he sees as a total absence of will to take stock of situations that are often created or exacerbated by their own projects and meetings. The Special Rapporteur is alarmed at the extremely high number of reported violations to the right of peaceful assembly during summits of multilateral institutions as regularly happens with the North Atlantic Treaty Organization (NATO) and the G20. The organizing States often react with determination to rein in the civil society multitude, using militarized security measures, cordoned-off zones for official meetings, repression of peaceful protesters, and a general reduction of space for democratic discussion with increasing penalties for public misbehaviour - rules that appear much more permanent than temporary and that receive the implicit consent of the multilateral summit organizers.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
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. 26
- Paragraph text
- Fundamentally, the Special Rapporteur believes civil society organizations play a significant role in combatting terrorism. By their direct connections with the population and their prodigious work in, inter alia, poverty reduction, peacebuilding, humanitarian assistance, human rights and social justice, including in politically complex environments, civil society plays a crucial role against the threat of terrorism. Unduly restrictive measures, which can lead donors to withdraw support from associations operating in difficult environments, can in fact undermine invaluable CSO initiatives in the struggle against terrorism and extremism, and ultimately have adverse consequences on peace and security.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Best practices that promote and protect the rights to freedom of peaceful assembly and of association 2012, para. 21
- Paragraph text
- The legitimate combat against terrorism, and other security considerations, has been used as a justification for the adoption of a state of emergency or other stricter rules to void the rights to freedom of peaceful assembly and of association. In many instances, emergency regulations have been used to clampdown on freedoms of peaceful assembly, of association and of expression. On different occasions, the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism has stressed in a report to the General Assembly that "States should not need to resort to derogation measures in the area of freedom of assembly and association. Instead, limitation measures, as provided for in ICCPR, are sufficient in an effective fight against terrorism" (A/61/267, para. 53).
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Best practices that promote and protect the rights to freedom of peaceful assembly and of association 2012, para. 28
- Paragraph text
- The Special Rapporteur believes that the exercise of fundamental freedoms should not be subject to previous authorization by the authorities (as explicitly expressed in the Spanish Constitution), but at the most to a prior notification procedure, whose rationale is to allow State authorities to facilitate the exercise of the right to freedom of peaceful assembly and to take measures to protect public safety and order and the rights and freedoms of others. Such a notification should be subject to a proportionality assessment, not unduly bureaucratic and be required a maximum of, for example, 48 hours prior to the day the assembly is planned to take place. A notification procedure is in force in several countries, including Armenia, Austria, Canada, Cote d'Ivoire, Finland, Indonesia, Morocco, the Occupied Palestinian Territory, Portugal, Senegal, Serbia, and the United Republic of Tanzania. Prior notification should ideally be required only for large meetings or meetings which may disrupt road traffic. In the Republic of Moldova, any assembly of fewer than 50 participants may take place without prior notification and the change from an authorization to a notification procedure fostered an increase in the number of individuals exercising their right to freedom of peaceful assembly. In this context, the Special Rapporteur regrets that the law on demonstrations recently adopted by referendum in the canton of Geneva, Switzerland, provides for a fine of up to 100,000 Swiss francs for anyone who, inter alia, does not request an authorization to demonstrate or does not respect the content of the authorization.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
22 shown of 22 entities