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The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 75
- Paragraph text
- Other States generally fail to protect workers against employer violations or to enforce their own laws. In fact, many do not stop at benign neglect, but support or collude with employers to infringe upon workers' rights to peaceful assembly and to association. In the United States, Tennessee State officials reportedly offered nearly $300 million in incentives to Volkswagen for adding a production line to a factory, but the offer was contingent on the plant remaining non-unionized (A/HRC/32/36, para. 38). In the State of Georgia in the United States, police called in by the company prevented union organizers from distributing leaflets outside the company's gates, and issued a citation that carried the comment: "picketing drivers to become union". The State government of Mississippi touts the lack of unionization as a great benefit when courting potential employers. The dangers of that are exemplified by the situation at the Nissan plant in Canton, where the company has aggressively worked to prevent unions from organizing. During his official visit to the United States in July 2016, the Special Rapporteur was informed that Nissan operates 44 major plants throughout the world; all of them are unionized, except for two of them in the south of the United States.
- 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
- 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. 35
- Paragraph text
- Similarly, the Australian State of Tasmania has enacted the Workplaces (Protection from Protestors) Act 2014, which makes it a criminal offence to participate in a protest that may obstruct or prevent a business activity or access to business premises (see also A/HRC/28/85, case AUS 3/2014). At the time of writing, the State of Western Australia was considering similar legislation. The Special Rapporteur has urged the State Parliament to vote against the law.
- 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
- 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. 54
- Paragraph text
- The United Nations Resident Coordinator Office in Kenya (UN-Kenya), for example, recently joined the Kenya Private Sector Alliance in a joint statement discouraging opposition-led rallies planned for 7 July 2014. This example also raises the issue of "sectoral equity", with UN-Kenya supporting the business community's call for "stability" at the expense of ordinary peoples' fundamental rights.
- 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
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Best practices that promote and protect the rights to freedom of peaceful assembly and of association 2012, para. 72
- Paragraph text
- The Special Rapporteur indicates the necessity for States not resort to tax pressure to discourage associations from receiving funds, notably from abroad. On a positive note, several States provide tax and other exemptions and privileges for associations (e.g. Bulgaria and Lithuania).
- 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
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 40
- Paragraph text
- The Special Rapporteur is dismayed at the lack of genuine civil society participation surrounding trade agreements and economic issues in general. He and others have noted previously that the right to freedom of association should be viewed as "an essential adjunct" to the related fundamental right to participate in public affairs. Thus it is not enough for States to simply allow associations to exist; they must seek to actively engage with civil society and to create conditions in which the sector can flourish and play a significant role in public life. The Special Rapporteur views the right to freedom of peaceful assembly as playing a similar role as a vehicle for enjoyment of the right to participate in public affairs.
- 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
- 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. 79
- Paragraph text
- Attempts to erode the right to strike take place both at the multilateral and national levels. In 2012, the ILO Employers' Group began arguing that the right to strike, protected by Convention 87, did not exist at all. Subsequent court decisions have dismissed employers' claims. The Special Rapporteur notes the positive role played by the Government Group in upholding workers' right to strike by recognizing that "without protecting a right to strike, freedom of association, in particular the right to organize activities for the purpose of promoting and protecting workers' interests, cannot be fully realized."
- 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
- 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. 69
- Paragraph text
- In many countries where rights to freedom of peaceful assembly and of association are constitutionalized, such as Bahrain, strikes are intentionally impeded. Some 92 countries exclude specific categories of workers from striking. The law in India allows the Government to ban strikes in Government-owned enterprises. In Kazakhstan, workers in entities that provide "vital activities" (public transport, utilities and communications) may strike only if the "necessary range of services is provided based on a prior agreement with the local executive authorities".
- 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
- 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. 59
- Paragraph text
- Some States have outright bans on all legitimate unions, including Saudi Arabia and the United Arab Emirates. Other States, such as Qatar, impose impermissibly broad restrictions, such as prohibiting public-sector employees from joining trade unions or participating in collective bargaining or strikes. Some laws restrict bargaining subjects, including wages, which hampers assembly and association rights, as workers are more reluctant to risk organizing when potential gains are so few. States, such as China, that own or operate enterprises and do not permit the formation of independent unions violate association and assembly rights both as a government and employer (see E/C.12/CHN/CO/2, para. 23).
- 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
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Comparative study of enabling environments for associations and businesses 2015, para. 103
- Paragraph text
- Similarly many States afford more protection to corporations engaged in natural resource exploitation than to groups peacefully protesting their activities. The shooting to death of over 30 miners in South Africa by police during a workers' strike is an egregious example of such preferential treatment. Individuals and communities opposed to natural resource exploitation activities are labelled as "anti-development" and "enemies of the State" and portrayed as undermining States' efforts to promote economic growth and development. Their activities are criminalized and their claims disregarded, while corporations continue exploitation activities.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Environment
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Comparative study of enabling environments for associations and businesses 2015, para. 72
- Paragraph text
- Egypt has also severely limited associations' ability to accept foreign funding, banning its receipt without government permission. The failure to secure prior approval may lead to dissolution and criminal penalties, including imprisonment. In 2012 alone, the Government brought charges against more than 40 Egyptian and foreign NGO employees for the use of foreign funds in NGOs without prior approval. By contrast, Egypt recently instituted a wave of reforms aimed at increasing commercial foreign investment, for example by signing bilateral conventions with more than one hundred countries to provide protection and privileges for foreign investors.
- 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
- 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. 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:] In relation to non-nationals, the Committee on the Elimination of Racial Discrimination recognizes that States may require non-citizens to have work permits in order to be eligible for job offers. However, all individuals are entitled to the enjoyment of labour and employment rights, including the freedom of assembly and association, once an employment relationship has been initiated until it is terminated.
- 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
- Equality & Inclusion
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
11 shown of 11 entities