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Challenges faced by groups most at risk when exercising or seeking to exercise the rights to freedom of peaceful assembly and/or of association 2014, para. 69
- Paragraph text
- In its draft general comment on article 12, the Committee on the Rights of Persons with Disabilities states that the recognition of equal legal capacity for persons with disabilities is a key principle that is inextricably linked to the enjoyment of other rights, including the freedom of association and the right to participate in political and public life (CRPD/C/11/4, paras. 44-45). Legal capacity is distinguished from mental capacity, with the former referring to the ability to hold rights and duties and the ability to exercise those rights and duties (ibid., para. 12). The paradigm shift in perceptions of the legal capacity and equality before the law for persons with disabilities, brought about by the Committee on the Rights of Persons with Disabilities, has not yet become entrenched in practice. The shift from substitute decision-making to supported decision-making has profound implications on how and with whom persons with disabilities associate.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Persons with disabilities
- 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. 17
- Paragraph text
- The legitimacy of civil society participation at the international level is further affirmed by the Charter of the United Nations, which acknowledges that the Economic and Social Council may consult with NGOs concerned with matters within its competence. The Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms in its preamble stated that the General Assembly recognizes "the right and the responsibility of individuals, groups and associations to promote respect for and foster knowledge of human rights and fundamental freedoms at the national and international levels". Article 5 of the Declaration recognizes the right of everyone, individually and in association with others, at the national and international levels, to communicate with non governmental and intergovernmental organizations. These organizations have an implicit corresponding obligation to take action on such communications.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- 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. 12
- Paragraph text
- Decision-making at the multilateral level appears to take a similar trajectory, where the private sector is playing an increasingly dominant role in implementing the global development agenda, compared to civil society involvement. The for-profit sector has a variety of avenues to impact the post-2015 development agenda. For example, corporate interests are represented and have been active in multiple forums that have an influence on the post-2015 agenda processes such as the High-Level Panel established by the Secretary-General, the United Nations Global Compact and the Sustainable Development Solutions Network. Indeed, the Economic and Social Council accreditation criteria for NGOs allow business organizations to participate as "civil society" despite the fact that they typically represent for-profit interests. The inequality in avenues available to corporate interests versus non-profit interests creates a power imbalance influencing global governance and its outcomes that favours for-profit interests.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- 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 elections 2013, para. 49
- Paragraph text
- As described in previous reports by the Special Rapporteur, any restrictions must be permitted by international law, and thus meet the strict requirements of international human rights law. In the context of elections, the Special Rapporteur believes that the test threshold should be raised to a higher level. It is therefore, not sufficient for a State to invoke the protection of the integrity of the election process, the need to ensure non-partisan and impartial elections, the need to preserve peace or security to limit these rights, insofar as the context of elections is a critical time when individuals have a say about the fate of their country. In this regard, the Human Rights Committee stated that the reference to "democratic society" in the context of article 22, indicates in the Committee's opinion, that the existence and operation of associations, including those which peacefully promote ideas not necessarily favourably viewed by the Government or the majority of the population, is a cornerstone of a democratic society.
- 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
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 82
- Paragraph text
- This section contains a very simple, straightforward conclusion about what remains to be done by an independent expert, considering the numerous guiding principles and recommendations that have already been put forward in this area.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- 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 Special Rapporteur's vision of the mandate 2017, para. 61
- Paragraph text
- In the following paragraphs, the Special Rapporteur details how she intends to exploit the full potential of the tools within the purview of special procedures mandate holders, in addition to developing new, innovative tools.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- 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
The Special Rapporteur's vision of the mandate 2017, para. 23
- Paragraph text
- A State becomes stronger when it nurtures a strong civil society. The relationship between a strong State and a strong civil society is directly, not inversely, proportional. There is no trade-off between the two.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- 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. 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
The rights to freedom of peaceful assembly and of association in the context of natural resource exploitation projects 2015, para. 24a
- 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 United Nations Global Compact, a broad initiative on corporate responsibility covering the areas of human rights, labour, environment and the prevention of corruption. Two of the Compact's 10 principles emphasize the role of business in supporting and respecting the protection of internationally recognized human rights, and to ensure they are not complicit in human rights abuses. A third principle requires businesses to uphold the freedom of association and recognize the right to collective bargaining;
- 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
- Person(s) affected
- N.A.
- Year
- 2015
- 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. 18
- Paragraph text
- The complexities of influence between the host State and States of origin is replicated among corporations, where parent companies domiciled in one State may have subsidiaries in other countries exercising various degrees of influence on the policies and practices of the latter entities. Furthermore, international and national financial institutions often have a significant stake in natural resource exploitation activities that they may be supporting financially. Their actions or inaction, primarily through the leverage they have as financiers, could have an impact on the human rights of affected communities, including peaceful assembly and association rights. The Special Rapporteur subscribes to the premise that international human rights law ascribes the primary duties to States, acting individually or as members of multilateral institutions. These obligations apply within the territory of the State and extraterritorially. Similarly, non-State actors have responsibilities in relation to human rights, as will be discussed below.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Environment
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
- 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. 7
- Paragraph text
- Increased demand for resources has resulted in the opening up of more areas for exploration and exploitation, especially in populated areas, leading to conflict between competing interests. By some accounts, between 93 and 99 per cent of 73,000 mining, logging, agriculture, oil and gas concessions in eight tropical forested countries were inhabited. The same sources indicate that, for example, up to 40 per cent of the territory of Peru has been handed over by the Government to private for-profit entities to exploit natural resources and that in Liberia and in Indonesia 35 and 30 per cent, respectively, of the land is in the hands of the private sector for exploitation operations. The existence of widespread social conflict associated with natural resource exploitation is therefore not surprising. For example, in Peru, the Ombudsman's Office documented 211 social conflicts in the month of February 2015, 66 per cent of which were related to natural resource exploitation. In Colombia, the Ombudsman's Office participated in 218 dialogues between mining companies, protestors and the Government.
- 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
- Person(s) affected
- All
- 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. 39
- Paragraph text
- Problems can arise even in States where the assembly rights of non-citizens are protected by law. The Special Rapporteur has received reports that in Cyprus, for example, some private employment contracts prohibit migrants from engaging in political activity, effectively depriving that group of their right to peacefully assemble (and freely associate). Although provisions contained in private employment contracts do not represent direct restrictions from the State, the State does have an important and pivotal role in prohibiting such restrictions, that is, by rejecting such restrictions as valid contractual terms under domestic law. The Special Rapporteur recalls that Member States have a responsibility to facilitate and protect the right to freedom of peaceful assembly. States should closely examine their role in supporting, even if inadvertently, private restrictions on that right. State mechanisms and institutions must not be used to enable private actors to abrogate fundamental rights.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Persons on the move
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
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. 33
- Paragraph text
- There may be legitimate and non-criminal reasons for wearing a mask or face covering during a demonstration, including fear of retribution. For example, in Egypt, article 6 of the 2013 law on protests and demonstrations prohibits the wearing of a mask to hide the face during any assembly. That provision contains no exceptions and could be used to discriminate against women who wear the niqab, effectively preventing them from participating in public meetings or protests. Such laws may also be used against individuals with medical disabilities who wear face masks for medical purposes. Certain peaceful protest movements in the Arab world, Western Europe, North America and elsewhere have adopted the use of the Guy Fawkes mask as an emblem. The mask is particularly popular among youth and student protest movements. The donning of this mask can be as much a political statement - a way of identifying with one's fellow demonstrators and a worldwide movement - as it is an attempt to conceal identity.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Persons with disabilities
- Women
- Youth
- 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. 65
- Paragraph text
- There have been repeated instances of reprisals against individuals, or their relatives, participating or seeking to participate in sessions of the Human Rights Council. The most dramatic forms of retaliation involved the loss of lives. For instance, Cao Shunli, a Chinese human rights defender who worked on increasing citizen inputs to the preparations of China's UPR, was arrested in September 2013 before boarding her flight to Geneva to participate in a human rights seminar and observe China's UPR. She was subsequently charged with the crime of "provocation". While in detention, her health dramatically deteriorated as she was allegedly denied medical treatment. She died on 14 March 2014. In December 2008, Edwin Legarda, an indigenous leader and husband of Aida Quilcué Vivas, was killed by security forces on his way to collect his wife at the airport. She was returning from Geneva, where she had participated in the UPR session of Colombia. Six former members of the military were subsequently arrested, tried and sentenced to 40 years' imprisonment.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Activists
- Ethnic minorities
- Families
- 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. 24
- Paragraph text
- Article 71 of the Charter of the United Nations, for example, is implemented primarily via the United Nations Committee on Non-Governmental Organizations, which recommends Economic and Social Council status for NGOs wishing to participate in the Council. Status is required of NGOs to attend and participate in many United Nations meetings, and to make statements before the Human Rights Council. The Special Rapporteur received numerous complaints that the process of obtaining Council status is long, complex, costly, beyond the capability of many small civil society organizations and impossible to obtain for informal organizations and grass-roots networks, in particular those which do not have access to the Internet. This has resulted in a perceived underrepresentation of smaller organizations, such as lesbian, gay, bisexual and transgender groups and civic organizations from the Global South. In addition to these practical barriers, NGO applicants also face political ones. The Special Rapporteur reviews both in section IV below.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Person(s) affected
- LGBTQI+
- 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. 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
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. 35
- Paragraph text
- Restrictions to funding are also regularly justified by the need to ensure greater transparency and accountability within the civil society sector. Combatting fraud, embezzlement, corruption, money-laundering and other modes of trafficking is legitimate, and may qualify as being in the "interests of national security, public safety, or public order". Nevertheless, it is not sufficient to simply pursue a legitimate interest, limitations need also to be prescribed by law and "be necessary" in a democratic society. In this regard, limitations must be proportionate to the interest to be protected and must be the least intrusive means to achieve the desired objective. In this respect, several legislations or practices unduly restrict the ability of associations to access funding since other less intrusive measures exist to mitigate the risk.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- 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. 30
- Paragraph text
- In order to analyse whether the limitation motivated by the protection of State sovereignty complies with international human rights law, it must first be explored whether it falls within one of the limited legitimate grounds for restrictions. The protection of State sovereignty is not listed as a legitimate interest in the Covenant. The Special Rapporteur emphasizes that States cannot refer to additional grounds, even those provided by domestic legislation, and cannot loosely interpret international obligations to restrict the right to freedom of association. In his view, such justification cannot reasonably be included under "the interests of national security or public safety" or even "public order". Affirming that national security is threatened when an association receives funding from foreign source is not only spurious and distorted, but also in contradiction with international human rights law.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2013
- 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. 52
- Paragraph text
- In other cases, civic activists faced arbitrary detention and long prison terms after unfair trials. In Belarus, where multiple home and office raids, arrests, trials and detention of numerous human rights defenders active in civic associations took place as a result of their legitimate human rights activities during the presidential elections in December 2010, including the sentencing of the Chairperson of the Human Rights Centre "Viasna" to four and one-half years in detention. In the Islamic Republic of Iran, a prominent lawyer was sentenced in 2011 to 11 years of imprisonment, which was later reduced to a six-year prison term, and a 10-year ban on practising as a lawyer for "propaganda against the State", "collusion and gathering with the aim of acting against national security" and "membership of the Defenders of Human Rights Centre". The accusations brought against the human rights lawyer were allegedly based on interviews she had had with media in relation to her clients, who had been imprisoned after the June 2009 presidential election in the Islamic Republic of Iran.
- 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
- Activists
- Year
- 2013
- 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. 40
- Paragraph text
- Since the inception of his mandate, the Special Rapporteur has received numerous allegations to the effect that, during electoral periods, political leaders and supporters, particularly from the opposition, face heightened risks. Prior to, during and after an election, those who voice or have voiced dissent are in many countries subject to, inter alia, harassment, intimidation, corruption attempts, reprisals, arbitrary arrests and imprisonment, solely on account of their political opinions or beliefs. In this respect, the Special Rapporteur is disturbed about the case of an opposition leader from Belarus who was subject, in 2011, to a harsh sentencing, after he participated in a rally protesting the outcome of the presidential elections on 19 December 2011. In the Islamic Republic of Iran, concern was expressed in relation to former presidential candidates who staged a rally in solidarity with protesters in Egypt, for which they had sought permission from the authorities, and who have been kept largely "incommunicado" in their homes since February 2011.
- 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
- Activists
- Year
- 2013
- 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. 31
- Paragraph text
- The Special Rapporteur agrees with the Human Rights Committee, in paragraph 19 of general comment No. 25, that freedom of expression, assembly and association are essential conditions for the effective exercise of the right to vote and must be fully protected and that States should ensure that, in their internal management, political parties respect the applicable provisions of article 25 in order to enable citizens to exercise their rights thereunder. As the Special Rapporteur noted previously, a minimum number of individuals may be required to establish a political party, but this number should not be set at a level that would discourage people from engaging in associations (A/HRC/20/27, para. 54). Other requirements might be in force, such as concerning geographic or ethnic representation, but the Special Rapporteur warns against this type of measure that is ultimately discriminatory to the formation of any political party. A registration regime is not necessary for the formation or operation of political parties, but where it is in place, it should never be subject to authorities' prior approval.
- 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
- Year
- 2013
- 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
The exercise of the rights to freedom of peaceful assembly and of association in the context of multilateral institutions 2014, para. 78
- Paragraph text
- The Committee has also decided on the suspension or withdrawal of the consultative status of NGOs in a manner which does not comply with the provisions of Economic and Social Council resolution 1996/31. For example, in July 2010, 31 NGOs and groups sent a joint letter to Ambassadors to the Economic and Social Council expressing concern about the decisions made by the Committee calling for the suspension of the consultative status of Interfaith International and Centre Europe-Tiers Monde/Third World International for two years, at the request of Pakistan and Turkey, respectively; and the withdrawal of the consultative status of the General Federation of Iraqi Women, at the request of Iraq. According to the signatories of the letter, "the process used by the Committee to decide on the suspension or withdrawal of the status of these NGOs was hurried and failed to respect the procedural safeguards required by Economic and Social Council resolution 1996/31. In particular, the process did not allow the NGOs a reasonable opportunity to respond to the allegations against them."
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Women
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 93
- Paragraph text
- The Special Rapporteur again encourages the Human Rights Committee to consider adopting general comments on articles 21 and 22 of the International Covenant on Civil and Political Rights, with a particular focus on the challenges posed by fundamentalism and groups at risk of being targeted by fundamentalists.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- 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. 44
- Paragraph text
- One of the world's most extreme examples of political fundamentalism can be found in the Democratic People's Republic of Korea. The Workers' Party of Korea, founded by Kim Il-sung and presided over since by his direct descendants, has ruled for nearly 70 years. Opposition political parties are not permitted to exist and challenges to the ruling party are not tolerated. According to the Commission of Inquiry on Human Rights in the Democratic People's Republic of Korea, "the police and security forces of the Democratic People's Republic of Korea systematically employ violence and punishments that amount to gross human rights violations in order to create a climate of fear that pre-empts any challenge to the current system of government and to the ideology underpinning it. The institutions and officials involved are not held accountable. Impunity reigns" (see A/HRC/25/63, para. 56). It is estimated that between 80,000 and 120,000 political prisoners are currently detained (ibid., para. 61). The Human Rights Council has expressed its "grave concern at the detailed findings made by the commission of inquiry in its report, including the denial of the right to freedom of thought, conscience and religion, and of the rights to freedom of opinion, expression and 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
- All
- 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. 32
- Paragraph text
- Despite this, the Special Rapporteur has observed many instances where State laws and practices favour - whether through action or inaction - the free market fundamentalist approach.
- 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
- 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. 30
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- The Special Rapporteur does not report on the accuracy of these theories or of competing ideas. Rather, he is concerned about situations where adherents to free market principles become so dogmatic that they infringe upon the assembly and association rights of those who hold competing views.
- 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
- Person(s) affected
- N.A.
- Year
- 2016
- Date added
- Aug 19, 2019
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Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 26c
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- In the following sections, the Special Rapporteur provides examples of how fundamentalism can spur intolerance that leads to violations of assembly and association rights, and highlights the responsibilities of States and non-State actors to prevent and remedy the violations. For ease of reference, four overarching categories are used: (c) Religious fundamentalism
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2016
- Date added
- Aug 19, 2019
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