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Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 36
- Paragraph text
- Free market fundamentalism in the United States of America has led to a systematic rollback of the right to freedom of association for workers in several jurisdictions, particularly in the 26 States that have enacted so-called "right to work" legislation. The laws forbid unions from negotiating contracts that require all workers represented by a union to pay dues. Proponents of the laws frame their purpose in free market terms, saying that employees should "decide for themselves whether or not to join or financially support a union". But at the same time, United States law requires unions to represent all employees in a bargaining unit. Thus, the effect of the "right to work" laws is to give non-dues-paying workers a free ride: they reap the benefits that the union has negotiated without having to pay the costs. This can weaken unions over the long run, and the Special Rapporteur views these laws as legislative obstacles intentionally designed to discourage people from exercising their right to freedom of association in the workplace.
- 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
- Year
- 2016
- 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. 54
- Paragraph text
- By contrast, as in the view of the OSCE/ODIHR Panel of Experts, a notification should be considered as unduly bureaucratic if any of the following requirements is imposed on the organizers: that there be more than one named organizer; that only registered organizations are considered as legitimate organizers; that formal identity documents, such as passports or identity cards, be produced; that identification details of others involved in the event, such as stewards be provided; that reasons for holding an assembly, bearing in mind the principle of non-discrimination, be given; and that the exact number of participants, which is difficult to predict, be given. In this connection, the authorities should not punish organizers if the number of participants does not match the anticipated number, as stipulated by domestic legislation (as has occurred in the Russian Federation).
- 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
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 96
- Paragraph text
- States have obligations under international human rights law to ensure that everyone within their jurisdiction is able to exercise his or her rights. Those obligations include refraining from violating workers' rights, taking positive measures to fulfil the rights and protecting against violations by third parties.
- 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
- 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. 92
- Paragraph text
- Nevertheless, the Special Rapporteur notes the positive impact that the Accord on Fire and Building Safety in Bangladesh has had on improving garment workers' ability to exercise their assembly and association rights. Global brands, retailers and unions are signatories to the legally binding agreement, established in May 2013, giving garment workers a voice in improving their workplaces.
- 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
- 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. 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
Comparative study of enabling environments for associations and businesses 2015, para. 75
- Paragraph text
- On the other end of the spectrum, Jamaica and Nicaragua both have relatively open rules on access to resources, which appear to apply evenly to businesses and associations. The Special Rapporteur believes this is the standard that States should aim for, as he sees no legal basis to distinguish sharply between the two sectors in this regard.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Comparative study of enabling environments for associations and businesses 2015, para. 59
- Paragraph text
- States impose a variety of other control and oversight mechanisms which disproportionately target associations. Surveillance of civil society has been a significant issue in recent years, with examples including police infiltration (United Kingdom of Great Britain and Northern Ireland), heightened scrutiny of activists (Canada) and surveillance of NGOs and social movements (Brazil).
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Comparative study of enabling environments for associations and businesses 2015, para. 48
- Paragraph text
- Senegal, for example, has no formal legislation regulating political contributions, but expressly prohibits associations - and not businesses - from engaging in any "political activity", unless they are a political party. Ethiopia prohibits "welfare organizations" and NGOs from donating to political parties, but domestic companies are free to donate up to set limits.
- 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
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Comparative study of enabling environments for associations and businesses 2015, para. 35
- Paragraph text
- Honduran law, for example, provides that the authorities may order the dissolution of an association when it fails to present an annual report within two years or when an agent of the organization commits a crime. No similar provisions exist for business entities.
- 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
- 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. 90e
- Paragraph text
- [Moreover, the Special Rapporteur calls upon States members of multilateral institutions to:] Refrain from throwing away/destroying leaflets and other documents produced by civil society actors and made available in multilateral arenas;
- 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
- 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. 51
- Paragraph text
- The aforementioned presumption further means that, in a free and democratic society, no authorization should be required to assemble peacefully. In this regard, the Special Rapporteur stresses again that the exercise of the right to freedom of peaceful assembly, should be "governed at most by a regime of prior notification whose rationale is to allow State authorities to facilitate this exercise and to take measures to protect public safety and order and the rights and freedoms of others" (A/HRC/20/27, para. 28). The notable exception to this principle is that of spontaneous peaceful assemblies where organizers are unable to comply with the requisite notification requirements or where there is no existing or identifiable organizer. Fundamentally, the Special Rapporteur reiterates that "should the organizers fail to notify the authorities, the assembly should not be dissolved automatically and the organizers should not be subject to criminal sanctions, or administrative sanctions resulting in fines or imprisonment" (para. 29).
- 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
- 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. 37
- Paragraph text
- The Special Rapporteur is opposed to the practice of "kettling" (or containment) whereby demonstrators are surrounded by law enforcement officials and not allowed to leave. He notes with satisfaction the statement of the Toronto police (Canada) which decided to abandon the practice following controversy arising from the policing of the G-20 Summit in Toronto in 2010.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- 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. 83
- Paragraph text
- The Special Rapporteur has also been informed of disconcerting practices by some State officials during sessions of the Human Rights Council and International Criminal Court's Assembly of States Parties to throw away civil society's leaflets made available on tables.
- 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
- 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. 24
- Paragraph text
- An "assembly" is an intentional and temporary gathering in a private or public space for a specific purpose. It therefore includes demonstrations, inside meetings, strikes, processions, rallies or even sits-in. Assemblies play a vibrant role in mobilizing the population and formulating grievances and aspirations, facilitating the celebration of events and, importantly, influencing States' public policy.
- 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
- 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. 75
- Paragraph text
- In relation to Indonesia, the Special Rapporteur has received reports that the authorities' enforcement of the nationalist "unitary State" ideology extends to the repression of demonstrations by ethnic West Papuans. He stresses that the State has the responsibility to protect and facilitate protests that advocate political and cultural views that differ from, and even oppose, those espoused by the Government.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- 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 workplace 2016, para. 87
- Paragraph text
- For example, despite well-documented, systematic and decades-long violations of freedom of association in Colombia, the United States signed a free trade agreement with the country in 2012. Four years later, unions, frustrated by lax enforcement and lack of political will, filed a trade complaint charging widespread and ongoing violations of freedom of association in the petroleum and sugar cane sectors. Canadian unions have filed a similar complaint under their country's bilateral trade agreement with Colombia.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- 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. 15
- Paragraph text
- States also have an obligation to prevent conflict before it starts, including by creating a legal environment that promotes transparency and fairness. The area of land rights, for example, is often key. The absence of legal frameworks that clearly spell out land rights creates opportunities for arbitrary expropriation or land grabbing, which in turn can lead to conflict. Opaque procedures for granting exploitation licences and concessions aggravate the situation and often fuel social protests.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- 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. 66
- Paragraph text
- Other forms of reprisals include threats from State officials for delivering statements at the Council (e.g., Bahrain, Bangladesh, China, India, Malawi, Sri Lanka, and Yemen); acts of torture and ill-treatment (e.g., Israel and United Arab Emirates); arbitrary arrest and detention (e.g., China and Viet Nam); acts of surveillance (e.g., Bangladesh and United Arab Emirates); and confiscation of passport/travel bans (e.g., China, Israel, Saudi Arabia, United Arab Emirates, Viet Nam).
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- 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. 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
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. 73a
- Paragraph text
- [In that regard, the Special Rapporteur calls upon States to:] Ratify all relevant international human rights instruments that protect the rights of individuals belonging to groups most at risk;
- 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
- 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. 64
- Paragraph text
- States have repeatedly targeted individuals because of their advocacy work in multilateral arenas. Such acts of reprisals are of utmost concern to the Special Rapporteur.
- 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
- 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. 36
- Paragraph text
- The Special Rapporteur views FATF and other similar regulations as posing a serious, disproportionate and unfair threat to those who have no connection with terrorism, including civil society organizations.
- 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
- 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. 66
- Paragraph text
- The Special Rapporteur notes with satisfaction that in Slovenia the Ministry of Interior is reportedly regularly supervising the work of its administrative units and checking the legality of how the registration procedures are conducted. During the supervision, officers in charge of the procedures are offered expert help and interpretation of the 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
- 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. 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
The exercise of the rights to freedom of peaceful assembly and of association in the context of multilateral institutions 2014, para. 56
- Paragraph text
- Moreover, multilateral institutions should also note the complex effects of the projects they sponsor. In addition to involving all relevant parties in the initial phases, they should closely monitor local policing to ensure compliance with international law and best practice, as too often local protests against projects funds by multilateral institutions are violently repressed.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- 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. 79
- Paragraph text
- In this connection, the Special Rapporteur stresses the importance of police officers wearing visible identification numbers on their uniforms. As noted by the Hungarian Office of the Commissioner for Fundamental Rights, during a protest that was violently repressed in the country, many police officers could not be identified because they did not wear such identification numbers.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Year
- 2012
- 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. 40
- Paragraph text
- The Special Rapporteur highlights that coordination of aid is not listed as a legitimate ground for restrictions under the International Covenant on Civil and Political Rights. Furthermore, he underlines that barriers in the name of aid effectiveness have little in common with "the interests of national security or public safety, public order (ordre public), the protection of public health or morals or the protection of the rights and freedoms of others".
- 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
- Health
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 66
- Paragraph text
- Finally, the Special Rapporteur notes that anti-religious fundamentalism can be as harmful to assembly and association rights as religious fundamentalism. In Viet Nam, freedom of religion is nominally protected by the Constitution, but the Special Rapporteur has received reports that the State harasses unofficial groups that do not submit to regulations imposing intrusive government control over their operations (see A/HRC/27/72, case VNM 7/2014). The Special Rapporteur on freedom of religion or belief noted, after his 2014 visit to the country, the "tight control" over official religious communities, and "constant surveillance, intimidation, harassment and persecution" of unrecognized communities (see A/HRC/28/66/Add.2). In the Russian Federation, the authorities closed down the local religious organizations of the Jehovah's Witnesses on the ground that it was an "extremist organization" (see A/HRC/31/79, case RUS 6/2015).
- 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
- Social & Cultural Rights
- 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. 38
- Paragraph text
- The free market fundamentalist approach has, over time, influenced government policy and practice in a way that has harmed workers' association rights. In the United States, for example, State officials in Tennessee reportedly offered nearly $300 million in incentives to Volkswagen if it added a new production line to a factory in Chattanooga, but made the investment contingent on the plant remaining non-unionized. The governor and other State officials made public statements against unionization efforts and workers ultimately voted against organizing. This is contrary to the principle that human rights cannot be renounced. On the international stage, a coalition of employers' associations embarked upon a multi-year campaign within the International Labour Organization - and publicly - aimed at striking down jurisprudence upholding the right to strike.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph