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The Special Rapporteur's vision of the mandate 2017, para. 71
- Paragraph text
- Therefore, and as part of her working methods, the Special Rapporteur sees it as part of her duty to take part in strategic litigation cases before national, regional and international courts where issues relating to freedom of peaceful association and of assembly come to the fore.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Person(s) affected
- N.A.
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 62
- Paragraph text
- For the purpose of enhancing the visibility of her mandate, the Special Rapporteur intends to strengthen the content of the mandate website. She also intends to develop additional user-friendly tools to help the general public to better understand the findings and recommendations.
- 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
- N.A.
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the context of elections 2013, para. 13
- Paragraph text
- The centrality of the rights to freedom of peaceful assembly and of association in the context of elections is affirmed in various other international and regional human rights treaties and other bodies. Member States of the African Union in the Declaration on the Principles Governing Democratic Elections in Africa (sect. III (d)) explicitly commit themselves to safeguarding the human and civil liberties of all citizens, including the freedom of movement, assembly, association, expression, and campaigning, as well as access to the media on the part of all stakeholders, during electoral processes. The Organization for Security and Cooperation in Europe Copenhagen Document, which outlines the commitment of member States in the field of elections, explicitly guarantees the rights of peaceful assembly and of association (paras. 9.2 and 9.3). Although other regional instruments on democracy do not explicitly refer to the right to freedom of association, they recognize that political parties and other forms of associations are vital components for the strengthening of democracy.
- 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
- N.A.
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Comparative study of enabling environments for associations and businesses 2015, para. 104
- Paragraph text
- The Special Rapporteur reiterates the legitimacy of expressive assemblies held by civil society organizations vis-à-vis corporate events, interests or property. A proper balancing of competing interests should be informed by objective criteria in accordance with international law.
- 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
- N.A.
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Comparative study of enabling environments for associations and businesses 2015, para. 50
- Paragraph text
- The Special Rapporteur sees differential treatment of businesses' and associations' political activity as a form of discrimination against civil society which constitutes a violation of the rights to freedom of association and to take part in public affairs. Moreover, different rules for each sector can lead to disparate access to decision makers, favouring those who are allowed to contribute.
- 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
- Person(s) affected
- N.A.
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Comparative study of enabling environments for associations and businesses 2015, para. 27
- Paragraph text
- Registration laws should be non-discriminatory, relevant to legitimate State interests and not place excessive discretion in the hands of the authorities. Best practice dictates that States should not judge the purpose of an association when registering it, so long as it complies with international law.
- 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
- N.A.
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Comparative study of enabling environments for associations and businesses 2015, para. 20e
- Paragraph text
- [In the present report the Special Rapporteur examines law and practice in a number of Member States, in five areas which are essential to build an enabling environment for both businesses and associations:] Conducting peaceful assemblies.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Person(s) affected
- N.A.
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Comparative study of enabling environments for associations and businesses 2015, para. 20d
- Paragraph text
- [In the present report the Special Rapporteur examines law and practice in a number of Member States, in five areas which are essential to build an enabling environment for both businesses and associations:] Political influence and access to power;
- 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
- N.A.
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Comparative study of enabling environments for associations and businesses 2015, para. 20a
- Paragraph text
- [In the present report the Special Rapporteur examines law and practice in a number of Member States, in five areas which are essential to build an enabling environment for both businesses and associations:] Entry procedures and dissolution processes;
- 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
- N.A.
- Year
- 2015
- 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. 38
- Paragraph text
- The transparency and accountability argument has, in some other cases, been used to exert extensive scrutiny over the internal affairs of associations, as a way of intimidation and harassment. The Special Rapporteur warns against frequent, onerous and bureaucratic reporting requirements, which can eventually unduly obstruct the legitimate work carried out by associations. Controls need therefore to be fair, objective and non-discriminatory, and not be used as a pretext to silence critics. Composition of the supervisory body also needs to be independent from the executive power to ensure its decisions are not arbitrary. The Special Rapporteur is of the view that if an association fails to comply with its reporting obligations, such minor violation of the law should not lead to the closure of the association (e.g. Belarus) or criminal prosecution of its representative (e.g. Egypt); rather, the association should be requested to promptly rectify its situation. Only this approach corresponds to the spirit and the letter of freedom 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
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2013
- 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. 32
- Paragraph text
- Protection of State sovereignty is not just an illegitimate excuse, but a fallacious pretext which does not meet the requirement of a "democratic society". The expression "democratic society" places the burden on States imposing restrictions to demonstrate that the limitations do not harm the principles of "pluralism, tolerance and broadmindedness". Associations, whether domestic- or foreign-funded, should therefore be free to promote their views - even minority and dissenting views, challenge governments about their human rights record or campaign for democratic reforms, without being accused of treason and other defamatory terms. Dissenting views should be seen by the authorities as an opportunity for dialogue and mutual understanding. The European Court of Human Rights in affirming this principle ruled that "an organisation may campaign for a change in the legal and constitutional structures of the State if the means used to that end are in every respect legal and democratic and if the change proposed is itself compatible with fundamental democratic principles."
- 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
- All
- 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. 38
- Paragraph text
- In general, the Special Rapporteur stresses the utmost importance of genuine dialogue, including through negotiation, between law enforcement authorities and organizers in order to ensure the smooth conduct of the public assembly, as it has reportedly been the case in, inter alia, Guatemala, Hungary, Mexico and Switzerland.
- 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
- 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. 17
- Paragraph text
- As outlined by the Organization for Security and Co-operation in Europe (OSCE), "the word 'necessity' does not mean 'absolutely necessary' or 'indispensable', but neither does it have the flexibility of terms such as 'useful' or 'convenient': instead, the term means that there must be a 'pressing social need' for the interference". When such a pressing social need arises, States have then to ensure that any restrictive measures fall within the limit of what is acceptable in a "democratic society". In that regard, longstanding jurisprudence asserts that democratic societies exist only where "pluralism, tolerance and broadmindedness" are in place. Hence, States cannot undermine the very existence of these attributes when restricting these rights. Furthermore, the Special Rapporteur refers to general comment No. 31 (2004) of the Human Rights Committee on the nature of the general legal obligation imposed on States parties to the Covenant, which provides that "where such restrictions are made, States must demonstrate their necessity and only take such measures as are proportionate to the pursuance of legitimate aims in order to ensure continuous and effective protection of Covenant rights" (para. 6).
- 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
- All
- 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 exercise of the rights to freedom of peaceful assembly and of association in the context of multilateral institutions 2014, para. 85
- Paragraph text
- In addition, it appears that States often do not inform their population about forthcoming multilateral events and decisions taken or to be taken in multilateral forums.
- 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
- N.A.
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 17
- Paragraph text
- Moreover, the rights to freedom of peaceful assembly and of association are fundamental human rights, not only for all functioning democracies, but also for autocratic Governments. A single variable such as freedom of peaceful assembly and of association can actually serve as a barometer for measuring the situation pertaining to, and the enjoyment of, human rights in any given country and a useful proxy for how open or closed countries and their national institutions are.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Person(s) affected
- N.A.
- Year
- 2017
- 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. 40
- Paragraph text
- The Special Rapporteur holds the view that as long as such an assembly is peaceful, States have the obligation to facilitate the gathering whether or not authorities agree with the content of the message. Any interference with such peaceful assemblies, including dispersal, should meet the strict tests of necessity and proportionality stipulated in international human rights standards.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Person(s) affected
- N.A.
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Best practices that promote and protect the rights to freedom of peaceful assembly and of association 2012, para. 26
- Paragraph text
- Fundamentally, the Special Rapporteur considers as a best practice the presumption in favour of holding peaceful assemblies, as stressed by the OSCE/ODIHR Panel of Experts on Freedom of Peaceful Assembly. Such a presumption should be "clearly and explicitly established in the law", enshrined either in constitutions or in laws governing peaceful assemblies (e.g. as in Armenia and Romania).
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Person(s) affected
- N.A.
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 78
- Paragraph text
- Expanding civic space is part of the global vision of OHCHR and is likely to remain so for the coming four years (2018-2021). She will, therefore, work closely with the Working Group on the Universal Periodic Review, treaty bodies, other Human Rights Council mechanisms and the United Nations system in general to contribute to an increase in global civic space, the creation of a safe and enabling environment for civil society and the promotion and protection of the rights to freedom of peaceful assembly and of association worldwide.
- 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
- N.A.
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 70
- Paragraph text
- In the view of the Special Rapporteur, litigating in national, regional and international courts is essential to building international practice, which is exactly the practice that is needed to contribute to the emergence and definition of standards, the assessment of compliance therewith and the promotion of their implementation. She will therefore strive to participate in litigation, mainly, but not exclusively, as amicus curiae, legal expert and third party intervenor, in cases where the rights to freedom of peaceful association and of assembly are at stake.
- 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
- N.A.
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 66
- Paragraph text
- Communications and press releases are formidable tools in the hands of mandate holders. The Special Rapporteur intends to continue to use communications, in the form of letters of allegation and urgent appeal letters, to bring to the attention of States and the international community alleged violations of the rights to freedom of peaceful assembly and of association with regard to individual cases and practices, as well as draft legislation and policies, which may restrict those rights in ways incompatible with international human rights norms and standards.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Person(s) affected
- N.A.
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 60
- Paragraph text
- Another defining feature of her work will be strategic litigation in national, regional and international courts. The Special Rapporteur considers that litigating in cases that raise issues of freedom of peaceful association and of assembly before national, regional and international courts not only fully complements the advocacy and policy work associated with her mandate, but also will be key to building State practice, alongside and in addition to thematic reports, country visits, communications and awareness-raising.
- 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
- N.A.
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 56
- Paragraph text
- Highlighting good and promising practices worldwide that promote and protect the rights to freedom of peaceful assembly and of association remains today one of the core human rights functions of the mandate, according to the relevant Human Rights Council resolutions. Over the course of her tenure, the Special Rapporteur will continue to assess such practices and endeavour to measure their impact, if any, as well as developments subsequent to the first report of the previous mandate holder to the Council (see para. 32 above).
- 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
- N.A.
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 22
- Paragraph text
- While the freedom of peaceful assembly and the freedom of association are considered two separate rights (A/HRC/20/27, para. 4), it is essential today to consider how the two rights are closely interrelated and interdependent. The joint report of the Special Rapporteur on the rights to freedom of peaceful assembly and of association and the Special Rapporteur on extrajudicial, summary or arbitrary executions on the proper management of assemblies emphasizes the importance of assemblies in developing democratic systems, fostering public participation and presenting alternative perspectives to established interests (A/HRC/31/66, paras. 5-6). However, for assemblies, which are generally defined as “temporary” or “long-term” gatherings of people in private, public or online spaces (ibid., para. 10), to achieve their ultimate goals, individuals must be able to fully exercise their right to freedom of association, through which they organize collective action, engage constructively with stakeholders, including policymakers and legislators, and help to institutionalize the political, economic or social changes to which those participating in assemblies aspire. It is the combination of the right to freedom of peaceful assembly and the right to freedom of association that strengthens responsive democratic governance systems and ensures the full and meaningful exercise of the right to participate in public affairs, as expressed in article 25 of the International Covenant on Civil and Political Rights.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Person(s) affected
- N.A.
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 72
- Paragraph text
- Accordingly, she is seeking engagement for litigation. In order to raise awareness among relevant stakeholders and the public at large, the Special Rapporteur seeks the cooperation of professional associations, non-governmental organizations and their networks, as well as other relevant stakeholders and any other parties who have knowledge of cases involving assembly and association issues. A call for submission to that effect can be found on the mandate website.
- 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
- N.A.
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 65
- Paragraph text
- A number of requests have already been sent to Member States, so that an invitation can be extended to the Special Rapporteur. She will reiterate those requests. She will also ensure that all Member States are given an opportunity to cooperate with her and thereby to engage in the work of the Human Rights Council, including States that have thus far failed, or have not been given the opportunity, to do so.
- 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
- N.A.
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 59
- Paragraph text
- Considering the wealth of thematic research and recommendations produced in the first six years of the mandate, it is of utmost importance for the Special Rapporteur to increase the visibility of and disseminate this work, together with her future work, as broadly and widely as possible, so that it is known and used both internationally and at the national level to advance 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)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 31
- Paragraph text
- For the past six years, the previous mandate holder brought extensive human rights experience, deep commitment and great energy to the mandate. In close consultations with key stakeholders, he very carefully identified a range of important issues as the focus of his thematic reports to both the Human Rights Council and the General 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
- Person(s) affected
- N.A.
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 29
- Paragraph text
- Business is often at the origin of violations of human rights, including the rights to freedom of peaceful assembly and of association. In this regard, the Special Rapporteur also wishes to emphasize the potentially positive role of business in defending human rights. A number of companies from various industry sectors are increasingly realizing that the protection of civic society organizations and individuals is not only right, but also in their interest.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Person(s) affected
- N.A.
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 19
- Paragraph text
- Against this background, the Special Rapporteur wishes to emphasize the mutually reinforcing relationship between freedom of peaceful assembly and of association on the one hand, and democracy and development on the other, combined with her willingness to contribute to an increase in global civic space.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Person(s) affected
- N.A.
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph