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The Special Rapporteur's vision of the mandate 2017, para. 67
- Paragraph text
- In the first few months of her work, she has already engaged in fruitful discussions with other relevant mandate holders on how to streamline communications and make them more effective. She will pay particular attention to the follow-up to her communications.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 46a
- Paragraph text
- [The first thematic report to the Human Rights Council, in 2018, will be focused on the use of force, including less lethal weapons, and the management of assemblies, building upon the joint report on the proper management of assemblies presented in 2016 (see paras. 22 and 41 above), pursuant to Council resolution 25/38. In addition to following up on the compilation of practical recommendations for the proper management of assemblies provided in the joint report, the Special Rapporteur will tackle current and emerging issues, including:] The distinction between situations of internal disturbances and tensions, such as riots, isolated and sporadic acts of violence and other acts of a similar nature, and cases of armed conflicts not of an international character. The latter trigger the application of article 3 common to the Geneva Conventions relating to the protection of victims of international armed conflicts and the application of the Protocol additional to the Geneva Conventions of 12 August 1949, and relating to the protection of victims of non-international armed conflicts. In that respect, the Special Rapporteur will discuss the principle that international humanitarian law does not apply to the exclusion of fundamental human rights law, but fully complements it;
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 64
- Paragraph text
- Religious fundamentalism by non-State actors - and the State's active or tacit encouragement of this - frequently results in violations of the rights to freedom of peaceful assembly and of association. Some prominent Buddhist monks in Myanmar, a Buddhist-majority country, have stirred vicious anger and violence against the Rohingya people, a Muslim minority group that is not recognized by the Government as a distinct ethnic group. The Government has reportedly done little in response, leading to repeated outbreaks of violence targeting Rohingya. Moreover, following riots between Rohingya and Buddhists in Rakhine State, the Government imposed Emergency Act 144 in June 2012, which prevented groups of five or more people from gathering in public areas. The ban was reportedly only enforced against Rohingya. The Special Rapporteur welcomes reports that the state of emergency was lifted in March 2016, but stresses that such blanket bans, especially when enforced against a specific group only, violate the right to freedom of peaceful assembly.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Year
- 2016
- 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. 45
- Paragraph text
- Surveillance tactics ostensibly designed to prevent criminal activity are also often used selectively to target certain groups who plan to stage peaceful public assemblies. In Canada, for example, the Government formed a special police unit to produce intelligence updates on potential protests by indigenous peoples, primarily those fighting outside development on their ancestral land. Similarly, disproportionate force (including armed police, snipers and roadblocks) is often deployed at disfavoured protests as an intimidation tactic. Such practices should be vigorously discouraged. As the Special Rapporteur has previously noted, public assemblies should be presumed to be peaceful and lawful, until proven otherwise (A/HRC/20/27, para. 25) Surveillance tactics and disproportionate shows of force attest that authorities in some Member States often presume the opposite, and have a chilling effect on peaceful protestors, such as in the United Kingdom of Great Britain and Northern Ireland (A/HRC/23/39/Add.1, para. 32).
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Person(s) affected
- Ethnic minorities
- 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. 24
- Paragraph text
- In this regard, the Special Rapporteur recalls that the right to freedom of peaceful assembly does not require the issuance of a permit to hold an assembly. If necessary, a mere prior notification, intended for large assemblies or for assemblies at which some degree of disruption is anticipated, may be required. Spontaneous peaceful assemblies, which usually occur in reaction to a specific event - such as the announcement of results - and which by definition cannot be subject to prior notification, should be more tolerated in the context of elections. In addition, the Special Rapporteur considers laws establishing authorization procedures to be even more problematic in the context of elections, as authorization may be arbitrarily denied, especially when demonstrators intend to criticize Government policies. In the Sudan, a peaceful demonstration organized by an independent gubernatorial candidate for the April 2010 elections was curbed by police forces invoking the failure of the organizers to seek permission. Several protestors were arrested and/or injured by security forces.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Humanitarian
- 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. 39
- Paragraph text
- International development cooperation between States has greatly increased in recent years and has allowed for advancing global development. To ensure the quality of aid, more collaborative approaches have now emerged. The Aid Effectiveness Agenda of the Paris Declaration (2005), the Accra Agenda for Action (2008) and the Busan Partnership for Effective Development Cooperation (2011) are implementation frameworks aimed at enhancing the effectiveness of aid. They have gradually required harmonization of donor initiatives and accountability of development partners, but also required partner States to take ownership of aid initiatives. Nevertheless, in some cases, the principles identified within this framework (namely, ownership, alignment, harmonization, results and mutual accountability) have been interpreted by some States as giving them the sole power to determine priorities and subsequently control the plans of CSOs, thereby justifying limitations over the activities of civil society actors, including their right to seek and use foreign funding. While an inclusive and participatory process towards aid is to be welcomed, a rights-based approach is needed to ensure civil society's access to funding is not unduly restricted.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Best practices that promote and protect the rights to freedom of peaceful assembly and of association 2012, para. 45
- Paragraph text
- The Special Rapporteur notes with satisfaction that, in most countries which responded to the questionnaire, capacity-building activities on international human rights law, and sometimes on international humanitarian law, are provided to law enforcement, notably in police academies, and other authorities (e.g. Cote d'Ivoire, Croatia, Cuba, Estonia, Honduras, Germany, Guatemala, Iraq, Mexico, Morocco, Peru, Senegal, Spain, Switzerland, United Kingdom and Uruguay). Such trainings were delivered in cooperation, inter alia, with national human rights institutions (e.g. Denmark, Hungary, Indonesia, Iraq, Malaysia, Mexico, Nepal, New Zealand, the Occupied Palestinian Territory, Paraguay, United Republic of Tanzania and Uganda), the Office of the United Nations High Commissioner for Human Rights (e.g. Mexico and Uganda), the OSCE/ODIHR (e.g. Armenia and Bulgaria), the European Commission (e.g. Bulgaria), NGOs (e.g. Armenia, Bulgaria, Canada, Croatia, Denmark, Malaysia and Serbia), universities (e.g. Morocco and Mexico), and the International Committee of the Red Cross (Peru). The Special Rapporteur stresses the need to provide regular follow-up trainings.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Best practices that promote and protect the rights to freedom of peaceful assembly and of association 2012, para. 34
- Paragraph text
- The Special Rapporteur expresses his utmost concern in relation to peaceful assemblies that were either not allowed or violently dispersed in a number of countries, such as in Bahrain, Belarus, China, Egypt, the Islamic Republic of Iran, Malawi, Malaysia, Sri Lanka and the Syrian Arab Republic.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Humanitarian
- 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. 33
- Paragraph text
- The Special Rapporteur stresses that States have a positive obligation to actively protect peaceful assemblies. Such obligation includes the protection of participants of peaceful assemblies from individuals or groups of individuals, including agents provocateurs and counter-demonstrators, who aim at disrupting or dispersing such assemblies. Such individuals include those belonging to the State apparatus or working on its behalf. The organizers and stewards of assemblies should not assume this obligation. The Special Rapporteur believes that such responsibility should always be explicitly stated in domestic legislation, as it is in, inter alia, the Republic of Moldova, Serbia and Slovenia. In Armenia, organizers may request police officials to remove provocateurs from the assembly venue (even if in practice the implementation of this provision is reportedly sometimes problematic). The Special Rapporteur holds as a good practice the establishment in Estonia of a Police Rapid Response Unit (riot police) which aims at protecting peaceful demonstrators against attacks by provocateurs and counter-demonstrators and is trained in how to separate the main provocateurs from peaceful demonstrators.
- 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
- Activists
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Best practices that promote and protect the rights to freedom of peaceful assembly and of association 2012, para. 29
- Paragraph text
- Should the organizers fail to notify the authorities, the assembly should not be dissolved automatically (e.g. as in Austria) and the organizers should not be subject to criminal sanctions, or administrative sanctions resulting in fines or imprisonment. This is all the more relevant in the case of spontaneous assemblies where the organizers are unable to comply with the requisite notification requirements, or where there is no existing or identifiable organizer. In this context, the Special Rapporteur holds as best practice legislation allowing the holding of spontaneous assemblies, which should be exempted from prior notification. This is the case for example, in Armenia, Estonia, Germany, the Republic of Moldova and Slovenia. In this connection, the European Court of Human Rights has emphasized that "in special circumstances when an immediate response, in the form of a demonstration, to a political event might be justified, a decision to disband the ensuing, peaceful assembly solely because of the absence of the requisite prior notice, without any illegal conduct by the participants, amounts to a disproportionate restriction on freedom of peaceful assembly".
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 64
- Paragraph text
- A total of 117 Member States and one non-member observer State have extended a standing invitation to thematic special procedures mandate holders. The Special Rapporteur will work in close cooperation with the Working Group on the Universal Periodic Review to ensure that all Member States extend a standing invitation to mandate holders. She will also endeavour to ensure that each standing invitation corresponds to an actual request for a country visit by the mandate holder.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 76
- Paragraph text
- More generally, her mandate has an important prevention and early warning role to play in the discharge of the responsibility to protect, as it is uniquely placed to collect a wealth of information on issues linked to the freedom of peaceful assembly and of association, including gaps in protection, swiftly deteriorating situations and the scale, the nature and patterns of violations. The Special Rapporteur will, when necessary, call the attention of the relevant bodies, including the Security Council, to such situations and request that they address, and take immediate action in response to, the risks and violations identified.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Humanitarian
- Person(s) affected
- All
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 46f
- Paragraph text
- [The first thematic report to the Human Rights Council, in 2018, will be focused on the use of force, including less lethal weapons, and the management of assemblies, building upon the joint report on the proper management of assemblies presented in 2016 (see paras. 22 and 41 above), pursuant to Council resolution 25/38. In addition to following up on the compilation of practical recommendations for the proper management of assemblies provided in the joint report, the Special Rapporteur will tackle current and emerging issues, including:] New weapons technologies, including unmanned systems. The Special Rapporteur will explore the challenges and opportunities of new technologies from the perspective of the rights to freedom of peaceful assembly and of association.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 46e
- Paragraph text
- [The first thematic report to the Human Rights Council, in 2018, will be focused on the use of force, including less lethal weapons, and the management of assemblies, building upon the joint report on the proper management of assemblies presented in 2016 (see paras. 22 and 41 above), pursuant to Council resolution 25/38. In addition to following up on the compilation of practical recommendations for the proper management of assemblies provided in the joint report, the Special Rapporteur will tackle current and emerging issues, including:] Less lethal weapons. Among the questions to be dealt with in this context are whether the binary separation of lethal and non-lethal weapons should be abandoned or retained and whether and how the use of less lethal weapons, which can result in risk to life when improperly deployed, should be restricted to law enforcement agents and be strictly regulated;
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 46d
- Paragraph text
- [The first thematic report to the Human Rights Council, in 2018, will be focused on the use of force, including less lethal weapons, and the management of assemblies, building upon the joint report on the proper management of assemblies presented in 2016 (see paras. 22 and 41 above), pursuant to Council resolution 25/38. In addition to following up on the compilation of practical recommendations for the proper management of assemblies provided in the joint report, the Special Rapporteur will tackle current and emerging issues, including:] Private security contractors and the managing of assemblies. A restatement of the legal framework is equally needed for guiding both countries and assemblies that engage private sector contractors;
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 46c
- Paragraph text
- [The first thematic report to the Human Rights Council, in 2018, will be focused on the use of force, including less lethal weapons, and the management of assemblies, building upon the joint report on the proper management of assemblies presented in 2016 (see paras. 22 and 41 above), pursuant to Council resolution 25/38. In addition to following up on the compilation of practical recommendations for the proper management of assemblies provided in the joint report, the Special Rapporteur will tackle current and emerging issues, including:] United Nations peacekeepers and the managing of assemblies. The distinction between civilian police, military police and policing in the context of peacekeeping missions may also require review to determine whether the legal framework for each of those situations is different;
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 46b
- Paragraph text
- [The first thematic report to the Human Rights Council, in 2018, will be focused on the use of force, including less lethal weapons, and the management of assemblies, building upon the joint report on the proper management of assemblies presented in 2016 (see paras. 22 and 41 above), pursuant to Council resolution 25/38. In addition to following up on the compilation of practical recommendations for the proper management of assemblies provided in the joint report, the Special Rapporteur will tackle current and emerging issues, including:] The militarization of police and other law enforcement officials. In this regard, the Special Rapporteur will consider whether the rules on the use of force need to be the same when a State resorts to deploying military and armed forces in the policing of assemblies;
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 16
- Paragraph text
- The rights to freedom of peaceful assembly and of association are not absolute, meaning that not only can they be temporarily derogated from in a state of emergency, but they can also be exceptionally interfered with under other circumstances. While they are human rights guaranteed to all, their exercise may be subject to certain restrictions. Such restrictions are permitted if they are necessary for a number of public purposes, including the protection of the rights and freedoms of others, as long as they are proportionate and provided for by law. Security and emergency laws, measures aimed at curtailing the financing of international terrorism, anti-money-laundering regulations and other limitations restrictive of civic space in the name of general public purposes, however, do not, as such, justify systematic violations of the freedom of peaceful assembly and of association.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- All
- N.A.
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
The Special Rapporteur's vision of the mandate 2017, para. 11
- Paragraph text
- The beneficiaries are and should be the people, as espoused in the Preamble of the Charter of the United Nations, which begins: “We the peoples of the United Nations”. The beneficiaries must be civil society: civil society organizations such as non-governmental organizations, development and humanitarian actors, religious associations, political parties, trade unions, social movements, professional associations, academic institutions, and sports, leisure and other associations of all kinds. The beneficiaries must be the people who gather and meet in peaceful assemblies, in private or public space, offline or online, to protest or for any other peaceful purposes.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- All
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 66
- Paragraph text
- State restrictions on assembly and association rights, including the right to strike, frequently exceed parameters set by ILO Convention 87 and decades of case law. In countries where the right to strike is not legally prohibited, Governments attempt to justify restrictions in the name of public order, public security, the threat of terrorism, national interest or economic crisis.
- 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
- All
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Best practices that promote and protect the rights to freedom of peaceful assembly and of association 2012, para. 22
- Paragraph text
- Country-specific contexts sometimes extinguish the rights to freedom of peaceful assembly and of association. In situations of armed conflict, individuals who desire to assemble and associate freely, even to address emergency needs or to call for the end of violence, may meet drastic restrictions that may amount to a strict denial of their rights.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Person(s) affected
- All
- 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. 86
- Paragraph text
- This is what happened in the Syrian Arab Republic, Libya and elsewhere. Opposition and dissent were long repressed, impeding the growth and maturity of peaceful, constructive civil society organizations. Instead, when the governments of those countries were destabilized, extremist groups - including from outside the country - were the best prepared to step in and fill the power vacuum. These scenarios are the product of a system that gave no space for peaceful civic engagement. In Tunisia, by contrast, civil society was more developed than in most other places in the Arab world. It has been indispensable to the relative, albeit uneasy, stability, and won a Nobel Peace Prize for its contributions.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 82
- Paragraph text
- The rights to freedom of peaceful assembly and of association are precisely those tools. They allow people to come together to share their experiences, to challenge the status quo, and to identify and solve problems. They allow us to build stable, peaceful, inclusive and prosperous societies sustainably. Assembly and association rights are also platforms for the exercise and promotion of other civil, cultural, economic, political and social rights (see A/HRC/23/39). Shutting down a humanitarian NGO, for example, is not only an affront to those who operate the NGO; it also hurts those who benefit from the NGO's work.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 15
- Paragraph text
- In other cases, violations may arise due to the inability or unwillingness of the State to respond to the actions of non-State actors. The State's failure to protect participants in a peaceful rally against violent, fundamentalist counter-protesters, for example, constitutes a violation of the right to freedom of peaceful assembly. It does not matter if the State does not officially promote the counter-protesters' ideology; it has a positive duty to protect those exercising their right to peaceful assembly, even if they are promoting unpopular positions. Similarly, States may violate their duty to protect by failing to investigate allegations of rights violations and to hold the perpetrators accountable, by ignoring retaliation against victims of violations and by failing to ensure the protection of rights for certain groups.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Humanitarian
- Person(s) affected
- All
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The rights to freedom of peaceful assembly and of association in the context of natural resource exploitation projects 2015, para. 24d
- Paragraph text
- [A notable shortcoming of the voluntary obligations for corporations is that they do not go far enough in ensuring that both States and businesses are held accountable for any failures to comply with them, nor do they encourage robust oversight by Governments of actions by businesses that may violate human rights. Several documents set out voluntary human rights obligations for companies in relation to human rights in general and the rights to freedom of peaceful assembly and of association in particular. These include:] The International Code of Conduct for Private Security Service Providers, a multi-stakeholder initiative convened by the Government of Switzerland to set standards and principles for the conduct of private security service providers based on international human rights and humanitarian law. The initiative establishes an external independent oversight mechanism to enhance accountability;
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
The rights to freedom of peaceful assembly and of association in the context of natural resource exploitation projects 2015, para. 51
- Paragraph text
- The freedom to assemble peacefully is required in order for consultations among stakeholders to be convened. The ability to peacefully assemble is impeded in environments where insecurity and conflict prevails.. The neutrality of the consultations needs to be maintained throughout the process. For consent to be free, prior and informed, consultations should be conducted in an environment free of intimidation or fear, meaning that meetings should be free from infiltration by security organs, surveillance and attendance by uniformed or armed law enforcement agents. A level playing field should be ensured for all stakeholders to have free access to relevant information and assurances that their grievances will be heard.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Humanitarian
- Person(s) affected
- All
- 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. 41
- Paragraph text
- The Special Rapporteur reiterates that the guarantees provided by international human rights standards relate only to assemblies that are peaceful (see A/HRC/20/27, para. 25). When violent incidents occur within otherwise peaceful assemblies, authorities have a duty to distinguish between peaceful and non-peaceful demonstrators, take measures to de-escalate tensions and hold the violent individuals - not the organizers - to account for their actions. The potential for violence is not an excuse to interfere with or disperse otherwise peaceful assemblies. This principle is all the more important because violence in the course of peaceful protests may be instigated to justify the dispersal of a protest.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Humanitarian
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Comparative study of enabling environments for associations and businesses 2015, para. 12
- Paragraph text
- It is also important to note that the motivation for differential treatment can, in some circumstances, relate more to an entity's activities than its status as a for-profit or non-profit body. For-profit media companies, for example, are often targeted for particularly strict regulation. A large international non-profit humanitarian organization, on the other hand, might receive more favourable treatment than a local human rights NGO. Restrictions often boil down to an entity's perceived threats and benefits to power, though the Special Rapporteur has found in general that associations are more likely to face systematic restrictions than businesses in most States.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
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. 35
- Paragraph text
- Moreover, the assemblies of religious, ethnic and cultural minorities have been selectively targeted. In Rakhine State, Myanmar, for example, Emergency Act 144 was applied in June 2012 to prevent groups of five or more people from gathering in public areas. The Act was imposed following severe riots between Rohingya Muslims, a predominantly stateless ethnic group in western Rakhine State, and Buddhists in the area. The ban on public gatherings, however, has reportedly only been enforced against Rohingya. The ban has been extended numerous times, and was still in effect at the time of the drafting of the present report. The ban has also prevented Rohingya from gathering in local mosques to pray and celebrate religious festivals; Buddhists religious gatherings have reportedly not been disrupted.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Person(s) affected
- Ethnic minorities
- 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. 45
- Paragraph text
- Practical accessibility is also important. Most multilateral institutions do not maintain a large number of country offices, meaning there is little opportunity for day-to-day engagement with local civil society. This problem may arise from a lack of adequate resources. For example, of the three pillars of the United Nations work, peace and security, and development receive the largest share of funds, while human rights receives only 3 per cent of the total United Nations budget. In addition, States may decline to allow field presences to some multilateral entities or hamper the effective operations of existing field offices.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph