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=Kiai on Assembly & Association
People have good reason to be angry and frustrated at the moment. And it is at times like these when robust promotion of assembly and association rights are needed most. These rights give people a peaceful avenue to speak out, engage in dialogue with their fellow citizens and authorities, air their grievances and hopefully settle them.|UN Special Rapporteur Maina Kiai speaking at the end of his official visit to the United States of America in July 2016|news/usa-statement/
The rights to freedom of peaceful assembly and of association unequivocally include the right to assemble and associate for political purposes. In fact, one of their core purposes is to preserve people’s ability to peacefully express their grievances with political leaders. This may pose a threat to the Government’s hold on power, but this should not be confused with a threat to the State itself. The former is democracy at work; the latter is how autocracies work.|UN Special Rapporteur Maina Kiai presenting his report on fundamentalism to the Human Rights Council in June 2016 (A/HRC/31/66, para 60)|reports/fundamentalism/
States tread a dangerous path when they prioritize the freedom of the market over the freedom of human beings. The economic rights of investors should never trump fundamental human rights in the ICCPR.|Maina Kiai, UN Special Rapporteur (A/HRC/32/36, para 34)|reports/fundamentalism/
The people of the world speak some 7,000 languages, practice 270 major religions, live in 193 UN Member States and belong to thousands of cultures. But we share only one planet. We will not always agree. Tolerance towards our differences is the only way to make sure that they do not boil over into violence, oppression and conflict. … The rights to freedom of peaceful assembly and of association [are] the bedrock of such tolerance. These are rights that help ensure that all of humanity, in its stunning diversity, has a voice|UN Special Rapporteur Maina Kiai presenting his report on fundamentalism to the Human Rights Council in June 2016 (A/HRC/31/66, para 60)|reports/fundamentalism/
Firearms should never be used simply to disperse an assembly; indiscriminate firing into a crowd is always unlawful. Intentional lethal use of force is only lawful where it is strictly unavoidable to protect another life from an imminent threat.|UN Special Rapporteurs Maina Kiai and Christof Heyns, in their 2016 joint report on recommendations for managing assemblies|reports/managing-assemblies/
Freedom of peaceful assembly is a right and not a privilege and as such its exercise should not be subject to prior authorization by the authorities.|UN Special Rapporteurs Maina Kiai and Christof Heyns, in their 2016 joint report on recommendations for managing assemblies (A/HRC/31/66, para 21)|reports/managing-assemblies/
De-escalation and communication are the more pragmatic options – in terms of proper assembly management, in terms of protecting protesters’ human rights and for ensuring public order. It is my experience that if the state becomes more open in allowing the free exercise of assembly rights, then protesters become less violent.|Maina Kiai, UN Special Rapporteur at the conclusion of his official visit to the Republic of Korea in 2016|/news/statement-republic-of-korea/
If I could emphasize one message to the people of South Korea and the Government today, it would be this: the project of building democracy and human rights in South Korea is not over; indeed it never truly is, in any nation. What we have is a structure, and our solemn task as governments and citizens is to continually build upon that structure, strengthening the foundation, cultivating its resilience.|Maina Kiai, UN Special Rapporteur at the conclusion of his official visit to the Republic of Korea in 2016|/news/statement-republic-of-korea/
We often see States and others spend billions of dollars on so-called stimulus plans for businesses. I view sectoral equity as a kind of stimulus plan for civil society: elevating the treatment of civil society would yield significant economic, social and political dividends – and not just for civil society itself. The rising tide, as they say, would lift all boats. And the best part about this stimulus plan is that it costs nothing. It only takes political will.|Maina Kiai, UN Special Rapporteur presenting his report before the 70th Session of the General Assembly|/rapporteurreports/sectoral-equity/
The presence of a robust, vocal and critical civil society sector guarantees, almost without exception, that a State also possesses a good business environment. The rule of law is stronger, transparency is greater and markets are less tainted by corruption. In other words, when civil society does well, business does well too.|Maina Kiai, UN Special Rapporteur presenting his report before the 70th Session of the General Assembly|/rapporteurreports/sectoral-equity/
Public assemblies are at the heart of an active civil society and a functioning democracy. Tolerance of others, pluralism and broadmindedness must be harnessed.|Maina Kiai, UN Special Rapporteur (A/HRC/26/29, para 31)|/rapporteurreports/groups-most-at-risk-report/
It’s time to cast aside our fear and embrace the broad social benefits that assembly and association rights embody – pluralism, tolerance and broadmindedness – even when exercised by people who don’t look like us, act like us or speak like us.|Maina Kiai, UN Special Rapporteur, on his report to the 26th Session of the Human Rights Council|/rapporteurreports/groups-most-at-risk-report/
The ‘us vs. them’ rhetoric is an illusion. A government that can silence one group is a government that can silence anyone.|Maina Kiai, UN Special Rapporteur| rapporteurpressnews/hrc26-advance/
Spontaneous peaceful assemblies, which usually occur in reaction to a specific event – such as the announcement of [election] results – and which by definition cannot be subject to prior notification, should be more tolerated in the context of elections.|Maina Kiai, UN Special Rapporteur (A/68/299 P10, para 24)|/rapporteurreports/elections-report-to-the-un-general-assembly/
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.|Maina Kiai, UN Special Rapporteur (A/68/299 P10, para 24)|/rapporteurreports/elections-report-to-the-un-general-assembly/
Blanket bans, which are intrinsically disproportionate and discriminatory, should be prohibited, and restrictions on a peaceful assembly in relation to its ‘time, place and manner’ should be limited to the extent that such restrictions meet the aforementioned strict test of necessity and proportionally.|Maina Kiai, UN Special Rapporteur (A/68/299 P10-Para 25)|/rapporteurreports/elections-report-to-the-un-general-assembly/
In general, restrictions on and exclusions from the exercise of the rights to freedom of peaceful assembly and of association have the consequence of reinforcing marginalization. The inverse is also true and more compelling: marginalization often means that individuals and groups are unable to effectively exercise their rights to freedom of peaceful assembly and of association. |Maina Kiai, UN Special Rapporteur (A/HRC/26/29, para 15)|/rapporteurreports/groups-most-at-risk-report/
The failure to provide any outlet for politically excluded groups to air their grievances can be counterproductive and carry severe consequences. Further, such restrictions can foster or magnify a culture of silence among the excluded group, putting them at higher risk of violations and abuses that may go unreported, uninvestigated and unpunished. |Maina Kiai, UN Special Rapporteur (A/HRC/26/29, para 26)|/rapporteurreports/groups-most-at-risk-report/
The Special Rapporteur finds no basis in international law for completely divesting non-citizens of their assembly rights. The right to freedom of peaceful assembly is particularly important for non-citizens and migrants, who may lack other mechanisms with which to advance their political, social and economic interests.|Maina Kiai, UN Special Rapporteur (A/HRC/26/29, para 37)|/rapporteurreports/groups-most-at-risk-report/
The practice of kettling — when police form large cordons and contain a crowd within a limited area, either preventing protesters from leaving or allowing only one exit — is ‘intrinsically detrimental to the exercise of the right to freedom of peaceful assembly, due to its indiscriminate and disproportionate nature’.|Maina Kiai, UN Special Rapporteur (A/HRC/26/29, para. 40 and A/HRC/23/39/Add.1, para. 37)|/rapporteurreports/groups-most-at-risk-report/
Public assemblies should be presumed to be peaceful and lawful, until proven otherwise.|Maina Kiai, UN Special Rapporteur (A/HRC/26/29, para 45 and A/HRC/20/27, para. 25)|/rapporteurreports/groups-most-at-risk-report/
Organizers of peaceful protests should not bear responsibility for the unlawful behaviour of others, including in times of elections. |Maina Kiai, UN Special Rapporteur (A/68/299, para 27)|/elections-report-to-the-un-general-assembly/
A blanket ban on individuals of a certain age eliminates the right to participate in peaceful public assemblies for an entire portion of the population, without exception, contrary to article 15 of the Convention on the Rights of the Child.|Maina Kiai, UN Special Rapporteur (A/HRC/26/29, para 24)|/rapporteurreports/groups-most-at-risk-report/
Limiting assembly and association rights on the basis of sexual orientation or gender identity is in clear violation of international human rights law. In that regard, the Human Rights Committee stated that ‘the reference to ‘sex’ in articles 2, paragraph 1, and 26 [of the International Covenant on Civil and Political Rights] is to be taken as including sexual orientation’.|Maina Kiai, UN Special Rapporteur (A/HRC/26/29, para 28)|/rapporteurreports/groups-most-at-risk-report/
The right to freedom of association applies equally to associations that are not registered. [The Special Rapporteur] endorses as best practice a voluntary registration regime that permits unregistered associations to operate. |Maina Kiai, UN Special Rapporteur (A/HRC/26/29, para. 55 and A/HRC/20/27, para. 96)|/rapporteurreports/groups-most-at-risk-report/
The right to freedom of association applies both online and offline. Laws that unjustifiably restrict freedom of expression on the Internet and limit the ability of people to associate over that medium are unacceptable. |Maina Kiai, UN Special Rapporteur (A/HRC/26/29, para 63)|/rapporteurreports/groups-most-at-risk-report/
It is therefore a violation of international law for counter-terrorism or ‘anti-extremism’ measures to be used as a pretext to constrain dissenting views or independent civil society.|Maina Kiai, UN Special Rapporteur (A/HRC/23/39, para 23)|/rapporteurreports/funding-report/
States are obliged to facilitate, not restrict, access to funding so that associations can effectively take part in democratic and developmental processes, just like businesses and governments.|Maina Kiai, UN Special Rapporteur, Speech given at a UN General Assembly side event in New York, Sept. 23, 2013|wp-content/uploads/2013/10/SR-UNGA-SPEECH-Sept-23-2013.pdf
In times of elections, States should make greater efforts to facilitate and protect the exercise of [the rights to freedom of peaceful assembly and of association], which should be enjoyed by everyone, especially by members of groups at risk. |Maina Kiai, UN Special Rapporteur (A/68/299 P20, para 56)|/rapporteurreports/elections-report-to-the-un-general-assembly/
Elections are a time when governments should give people more space – not less – to organize, voice their concerns and express their collective will.|Maina Kiai, UN Special Rapporteur, Presentation of first report to the General Assembly, Oct. 29, 2013
We know that human rights work receives only 3% of the total UN budget, but that does not mean that it should receive only 3% of the UN’s attention. Human rights are supposed to be a one of the three pillars of the UN system, alongside security and development. But right now they look like a third wheel.|Maina Kiai, UN Special Rapporteur, “UN forsakes its values when it favors ‘stability’ over fundamental rights,” July 15, 2014, commentary in OpenGlobalRights|https://opendemocracy.net/openglobalrights/maina-kiai/un-forsakes-its-values-when-it-favors-%E2%80%98stability%E2%80%99-over-fundamental-right#oGR
It is essential in any society that there is space for peaceful dissent, discussion and dialogue. And it is incumbent upon every Government to help create this space.|Maina Kiai, UN Special Rapporteur, speaking at the conclusion of a follow-up visit to Rwanda in August 2014|rapporteurpressnews/rwanda-follow-up-2014/
The Basic Law of Oman establishes the right to form associations, but based on my observations this right is virtually non-existent in practice. The 1972 law on associations and its amendments are deeply flawed and contrary to international law. … I would recommend that the Government consider a new law altogether that is in line with the relevant provisions of international human rights law instruments.|Maina Kiai, UN Special Rapporteur, statement following his official visit to Oman|rapporteurpressnews/statement-oman/
Multilateral entities have positive responsibilities to actively protect peaceful assemblies and to establish and maintain an enabling environment for civil society.|Maina Kiai, UN Special Rapporteur, Presentation of his report on multilateral institutions to the General Assembly, Oct. 28, 2014|rapporteurpressnews/post-unga69/
The rights to freedom of peaceful assembly and of association satisfy people’s fundamental desire to take control of their own destinies. And I emphasize that these rights are indeed fundamental – not simply because they are inscribed in the law, but because they speak to something present inside each and every one of us as human beings.|Maina Kiai, UN Special Rapporteur, before presenting his report on multilateral institutions to the General Assembly, Oct. 28, 2014|rapporteurpressnews/unga69-advance/
We are at a very difficult time in the world, and I think it’s not accidental that we are seeing extremism rising. A government that weakens civil society is playing with fire, because the alternative to peaceful assembly is extremism – and this, no one wishes to achieve.|Maina Kiai, UN Special Rapporteur, speaking to OSCE government representatives in Warsaw, Poland, on Oct. 22, 2014|rapporteurpressnews/warsaw-osce-government-dialogue/
Private multilateral bodies, such as the IOC and FIFA — which both wield enormous economic power to pressure countries hosting their lucrative events — are not exempt from the responsibility to respect, if not promote, universally recognized human rights. … the requirements for transparency and accountability of multilateral institutions, whether private or public, expand as power and influence increase.|Maina Kiai, UN Special Rapporteur, in his Oct. 2014 report on multilateral institutions (A/69/365)|rapporteurreports/report-multilaterals/
The significance of civil society as a stakeholder in the context of natural resource exploitation is underestimated, misperceived and often denied by both States and businesses. This is symptomatic of a growing disregard for a plurality of views, particularly those which champion non-economic values over economic ones. Such disregard is counterproductive and divisive, and is likely contributing to an erosion of confidence in the world’s prevailing economic system.|Maina Kiai, UN Special Rapporteur, in his June 2015 report on natural resource exploitation|rapporteurreports/natural-resources/
I believe that as corporations get more powerful in an increasingly globalized world, they must not escape responsibility to safeguard human rights. I therefore endorse the idea of a legally binding instrument for all corporations, no matter their size or geographical scope.|Maina Kiai, UN Special Rapporteur, presenting his report on natural resource exploitation to the Human Rights Council in June 2015|rapporteurpressnews/post-hrc29/
