As a general matter, any restrictions imposed on freedom of association by the State must be lawful, necessary and proportionate to a legitimate aim. The various international and regional human rights instruments guaranteeing the right to freedom of association share substantially similar language and jurisprudence. There is thus a growing common approach towards these standards globally. The UN Human Rights Committee explained the scope of Article 22(2) in Belyatsky v. Belarus. It clarified that restrictions on the right to freedom of association must meet the following three requirements: (1) prescription by law; (2) the law may be imposed solely to protect national security or public safety, public order, public health or morals, or the rights and freedoms of others; and (3) the restrictions must be “necessary in a democratic society.” Aleksander Belyatsky et al. v. Belarus, Human Rights Committee, UN Doc. CCPR/C/90/D/1296/2004, 24 July 2007, para. 7.3. The Human Rights Committee elaborated that the protection afforded by Article 22 extends to all activities of an association. Korneenko, et. al v. Belarus, Human Rights Committee, CCPR/C/88/D/1274/2004, Views of 31 October 2006. The legal framework and jurisprudence of the ACHPR, IACtHR and ECtHR also hold that allowable restrictions on the right to freedom... Continue reading →
In his first thematic report to the Human Rights Council, the United Nations Special Rapporteur on the rights to freedom of peaceful assembly and of association clarified that an “association” refers to any groups of individuals or any legal entities brought together in order to collectively act, express, promote, pursue or defend a field of common interests. UN Human Rights Council, First Thematic Report of the Special Rapporteur on the rights to freedom of peaceful assembly and of association, Maina Kiai, UN Doc. A/HRC/20/27, 21 May 2012, para. 51. Associations may take a variety of diverse forms, including, but not limited to, civil society organizations, clubs, cooperatives, non-governmental organizations (NGOs), religious associations, political parties, trade unions, foundations or online associations. UN Human Rights Council, First Thematic Report of the Special Rapporteur on the rights to freedom of peaceful assembly and of association, Maina Kiai, UN Doc. A/HRC/20/27, 21 May 2012, para. 52. They may thus be formed for a variety of purposes: personal, cultural, political or otherwise. The key qualification is the freedom to function in unison towards some kind of joint goal. All of these different types of associations are protected under international law. It is well established in international... Continue reading →
AComHPR – African Commission on Human and Peoples’ Rights The AComHPR is the body charged with promoting and protecting the rights guaranteed by the African Charter on Human and Peoples’ Rights and interpreting its provisions. It is empowered, among other things, to receive and consider Communications from individuals and organizations alleging that a State party to the Charter has violated one or more of the rights guaranteed therein. ACtHPR– African Court on Human and Peoples’ Rights The ACtHPR is an international court that has jurisdiction over cases and disputes concerning the interpretation and application of the African Charter on Human and Peoples' Rights, the Protocol to the Charter on the Rights of Women in Africa, and any other relevant human rights instrument ratified by the States concerned. The Court may receive cases filed by the African Commission of Human and Peoples’ Rights, State parties to the Protocol or African Intergovernmental Organizations. NGOs with observer status before the African Commission and individuals can also institute cases directly before the Court as long as the State against which they are complaining has recognized the jurisdiction of the Court to accept such cases. An overview of these States can be found here. ACHPR – African Charter on Human and Peoples’... Continue reading →
This page summarizes cases raised with the United Kingdom by the Special Rapporteur between May 1, 2011, (when the Special Rapporteur took up his functions) and February 28, 2017 (the date of the last public release of communications). Communications are released to the public once per year. This page also contains observations on these communications and on responses received from the United Kingdom. Communications and observations are divided into sections based upon which observation report they originally appeared. Each communication is referenced as urgent appeal (UA), allegation letter (AL), joint urgent appeal (JUA) and joint allegation letter (JAL) - the hyperlinks lead to these documents. This is followed by the date the communication was issued, as well as the case number and the State reply (also hyperlinked if available). Summaries and communications are published only in the language of submission (in the case of the United Kingdom, English). First Report (May 1, 2011 to March 15, 2012) None Second Report (March 16, 2012 to February 28, 2013) None Third Report (March 1, 2013 to February 28, 2014) None Fourth Report (March 1, 2014 to February 28, 2015) Joint urgent appeal, 21/05/2014. Case no: GBR 2/2014. State reply: 10/07/2014. Alleged imminent risk of forced return from the United Kingdom to... Continue reading →
This page summarizes cases raised with Iran by the Special Rapporteur between May 1, 2011, (when the Special Rapporteur took up his functions) and February 28, 2017 (the date of the last public release of communications). Communications are released to the public once per year. This page also contains observations on these communications and on responses received from Iran. Communications and observations are divided into sections based upon which observation report they originally appeared. Each communication is referenced as urgent appeal (UA), allegation letter (AL), joint urgent appeal (JUA) and joint allegation letter (JAL) - the hyperlinks lead to these documents. This is followed by the date the communication was issued, as well as the case number and the State reply (also hyperlinked if available). Summaries and communications are published only in the language of submission (in the case of Iran, English). First Report (May 1, 2011 to March 15, 2012) Joint urgent appeal, 8/7/2011. Case no. IRN 9/2011. State Reply: None to date. Alleged arbitrary detention of human rights defenders and persons peacefully exercising their freedoms of expression and assembly. Joint urgent appeal, 11/10/2011. Case no. IRN 13/2011. State Reply: None to date. Alleged arrest and detention, ill-treatment, judicial harassment... Continue reading →
This page summarizes cases raised with Uganda by the Special Rapporteur between May 1, 2011, (when the Special Rapporteur took up his functions) and February 28, 2017 (the date of the last public release of communications). Communications are released to the public once per year. This page also contains observations on these communications and on responses received from Uganda. Communications and observations are divided into sections based upon which observation report they originally appeared. Each communication is referenced as urgent appeal (UA), allegation letter (AL), joint urgent appeal (JUA) and joint allegation letter (JAL) - the hyperlinks lead to these documents. This is followed by the date the communication was issued, as well as the case number and the State reply (also hyperlinked if available). Summaries and communications are published only in the language of submission (in the case of Uganda, English). First Report (May 1, 2011 to March 15, 2012) None Second Report (March 16, 2012 to February 28, 2013) Joint allegation letter, 29/03/2012. Case no. UGA 2/2012. State Reply: None to date. Alleged re-tabling of a Bill, which would violate fundamental principles and norms of international human rights law if enacted. Joint allegation letter, 31/05/2012. Case no. UGA 3/2012. State Reply: None to... Continue reading →
This page summarizes cases raised with India by the Special Rapporteur between May 1, 2011, (when the Special Rapporteur took up his functions) and February 28, 2017 (the date of the last public release of communications). Communications are released to the public once per year. This page also contains observations on these communications and on responses received from India. Communications and observations are divided into sections based upon which observation report they originally appeared. Each communication is referenced as urgent appeal (UA), allegation letter (AL), joint urgent appeal (JUA) and joint allegation letter (JAL) - the hyperlinks lead to these documents. This is followed by the date the communication was issued, as well as the case number and the State reply (also hyperlinked if available). Summaries and communications are published only in the language of submission (in the case of India, English). First Report (May 1, 2011 to March 15, 2012) Joint urgent appeal, 29/7/2011. Case no. IND 14/2011. State Reply: 03/08/2011. Alleged acts of violence and intimidation in the context of forced evictions. Joint urgent appeal, 5/8/2011. Case no. IND 16/2011. State Reply: 08/08/2011. Detention and allegations of acts of intimidation against residents of the villages located on Chhindwada. Joint... Continue reading →
This page summarizes cases raised with Bahrain by the Special Rapporteur between May 1, 2011, (when the Special Rapporteur took up his functions) and February 28, 2017 (the date of the last public release of communications). Communications are released to the public once per year. This page also contains observations on these communications and on responses received from Bahrain. Communications and observations are divided into sections based upon which observation report they originally appeared. Each communication is referenced as urgent appeal (UA), allegation letter (AL), joint urgent appeal (JUA) and joint allegation letter (JAL) - the hyperlinks lead to these documents. This is followed by the date the communication was issued, as well as the case number and the State reply (also hyperlinked if available). Summaries and communications are published only in the language of submission (in the case of Bahrain, English). First Report (May 1, 2011 to March 15, 2012) Joint allegation letter, 09/06/2011. Case no. BHR 11/2011. State Reply: 25/07/2011. Alleged expulsion of university students following participation in protests. Joint urgent appeal, 16/6/2011. Case no. BHR 12/2011. State Reply: 29/08/2011 & 02/09/2011. Allegations of acts of violence, intimidation, and the enactment of travel bans against, as... Continue reading →
This page summarizes cases raised with Azerbaijan by the Special Rapporteur between May 1, 2011, (when the Special Rapporteur took up his functions) and February 28, 2017 (the date of the last public release of communications). Communications are released to the public once per year. This page also contains observations on these communications and on responses received from Azerbaijan. Communications and observations are divided into sections based upon which observation report they originally appeared. Each communication is referenced as urgent appeal (UA), allegation letter (AL), joint urgent appeal (JUA) and joint allegation letter (JAL) – the hyperlinks lead to these documents. This is followed by the date the communication was issued, as well as the case number and the State reply (also hyperlinked if available). Summaries and communications are published only in the language of submission (in the case of Azerbaijan, English). First Report (May 1, 2011 to March 15, 2012) Joint allegation letter, 24/08/2011. Case no. AZE 2/2011. State Reply: 08/09/2011. Arbitrary demolition of a building housing the Institute of Peace and Democracy. Joint allegation letter, 27/09/2011. Case no. AZE 3/2011. State Reply: None to date. Arbitrary demolition of a building housing the Women‟s Crisis Center, the first and... Continue reading →
This page summarizes cases raised with Israel by the Special Rapporteur between May 1, 2011, (when the Special Rapporteur took up his functions) and February 28, 2017 (the date of the last public release of communications). Communications are released to the public once per year. This page also contains observations on these communications and on responses received from Israel. Communications and observations are divided into sections based upon which observation report they originally appeared. Each communication is referenced as urgent appeal (UA), allegation letter (AL), joint urgent appeal (JUA) and joint allegation letter (JAL) - the hyperlinks lead to these documents. This is followed by the date the communication was issued, as well as the case number and the State reply (also hyperlinked if available). Summaries and communications are published only in the language of submission (in the case of Israel, English). First Report (May 1, 2011 to March 15, 2012) Joint allegation letter, 29/8/2011. Case no. ISR 7/2011. State Reply: 15/12/2011. Allegation that a new law defines calling for a boycott as a "civil wrong‟. Observations The Special Rapporteur thanks the Government of Israel for its response to his communication dated 29 August 2011. The Special Rapporteur read with interest that the Law for... Continue reading →
