NAIROBI/SUCRE, Bolivia - Special Rapporteur Maina Kiai has filed an amicus curiae brief in the Constitutional Court of Bolivia, arguing that a national law and an executive decree regulating the operations of non-governmental organizations breach the international right to freedom of association. The brief, which was submitted on May 13, 2015, was the first official court filing in the UN expert’s project to advance the rights to freedom of peaceful assembly and of association through the use of litigation in national and regional courts. The project began in Oct. 2014 and aims to encourage the application of international law norms at the domestic level. In March 2013, Bolivia adopted the controversial law on legal personality, despite many analyses indicating that it contravened international law. In June 2013, the equally contentious implementing Supreme Decree followed. Late last year, the “Defensor del Pueblo” filed a petition with the Constitutional Court of Bolivia (Tribunal Constitucional Plurinacional de Bolivia), to challenge two specific provisions it deems unconstitutional. In the analysis of the Special Rapporteur these provisions indeed “unjustifiably restrict the right to freedom of association under international law, standards and principles”. The first challenged... Continue reading →
Maina Kiai is nearing the completion of his fourth year as the inaugural UN Special Rapporteur on the rights to freedom of peaceful assembly and of association – leaving him with two years before he departs the mandate. Over the last three-plus years, Kiai has strived to actively protect and promote the rights to freedom of peaceful assembly and of association, through his reports, through official and unofficial country visits, and by meeting and consulting with as many stakeholders as possible. It has been an exciting and productive four years, but there remains much work to be done. Despite increased international awareness of the issues, for example, many governments are growing increasingly restrictive when it comes to regulating their citizens’ abilities to enjoy the right to freedom of peaceful assembly and of association. As he prepares to enter the final two years of his mandate, the Special Rapporteur would like to hear from you – both in evaluating past work, and in shaping work for the future. Tell us what you think We’d like to hear your views. What has the mandate done well? Where has it come up short? What types of reports would you like to see? What should be the mandate’s strategic focus for the final two years, and how should the Special Rapporteur addressing these... Continue reading →
Global trends show increasingly shrinking space for civic organizations and actions, as well as significant threats to the exercise of the rights to freedom of peaceful assembly and of association. In an effort to help reverse these trends, the Special Rapporteur on the rights to freedom of peaceful assembly and of association has begun a new project that will focus on protecting these rights via litigation in national and regional courts. The project, which is supported by the government of Norway, will focus first on providing technical assistance and advisory services for public interest litigation on assembly and association issues, with a view to increasing such litigation and encouraging the application of international law norms at the domestic level. The Special Rapporteur also plans to submit amicus briefs in relevant cases, where he can highlight international norms and principles. The project will begin in earnest with a two-day experts consultation in mid-October. The consultation, which will take place in Kenya, will convene lawyers from a diverse range of countries and legal traditions with an eye towards exchanging ideas and learning from each other’s experiences on the successes and challenges of such litigation. The Special Rapporteur recognizes the importance of involving all arms of... Continue reading →
