(Español) NAIROBI/MEXICO CITY - Special Rapporteur Maina Kiai has filed an amicus curiae brief before the Supreme Court of Mexico, arguing that three provisions of Mexico City’s Mobility Law impose impermissible restrictions on the right to freedom of peaceful assembly. The brief, which was submitted on August 21, 2015, is the second 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 first brief was filed in the Constitutional Court in Bolivia in May; a decision in that case is expected soon. The Special Rapporteur’s Mexico brief was filed in a case challenging the constitutionality of Articles 212, 213 and 214 of the Mexico City Mobility law. Kiai concludes all three provisions fail to comply with “the obligations of the State and the conditions for legitimate restrictions to the right to freedom of peaceful assembly under international law, standards and principles.” Article 212, for example, requires that the organizers notify authorities 48 hours in advance of a planned public assembly and indicate the “perfectly legitimate objective” of the event. Although the 48-hour notification rule is acceptable under international law, requiring... Continue reading →
The rights to freedom of peaceful assembly and of association are among the most fundamental human rights in international law. Today, however, they are increasingly under assault by repressive governments. From the Global North to the Global South, States are harassing activists, spying on their citizens, breaking up protests, erecting legal obstacles for civil society organizations, and generally closing off civic space. In October 2014, UN Special Rapporteur Maina Kiai launched a new project designed to combat this trend in a different way: Through the use of strategic litigation, particularly litigation that emphasizes international law in attempting to protect civic space. On Oct. 16-17, the Special Rapporteur invited lawyers from all over the world to discuss how to move the project forward. This video (also embedded below) provides an overview of the Special Rapporteur’s new project, the workshop, and the ideas of the nearly 20 lawyers from 11 countries who participated. The primary aim of the project is to provide 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... Continue reading →
NAIVASHA, Kenya – The push to apply international standards in domestic and regional court cases requires a strategic, coordinated and multipronged approach by lawyers and civil society if it is to succeed, according to participants in a workshop organized this week by UN Special Rapporteur Maina Kiai. The workshop, which was held Oct. 16-17 in Naivasha, Kenya, gathered nearly 20 lawyers from 11 countries to discuss best practices for litigating cases dealing with the rights to freedom of peaceful assembly and of association. It was the first event in the Special Rapporteur’s new project focused on enhancing assembly and association rights through the use of strategic litigation. The project aims to provide 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 a handful of relevant cases, where he can highlight international norms and principles. The Special Rapporteur emphasized that project is worldwide in its scope. “Assembly and association rights are under siege in every region of the world: east and west, north and south,” said Kiai, who is the Special... Continue reading →
