Issue No. 26 of the Assembly and Association Briefing, the newsletter of Maina Kiai, UN Special Rapporteur on the rights to freedom of peaceful assembly and of association. In this issue: • Kiai visits Geneva for final Human Rights Council session as Rapporteur • UN rights expert: ‘Fundamental right to strike must be preserved’ • Bangladesh: stop enforced disappearances • 10 Principles civil society guide: Advocate for better management of assemblies • Letter from the Rapporteur: Our fight isn’t just about closing space; it’s a ‘struggle for future of democracy’ • Maina Kiai releases annual report: 2016 in assembly & association rights • Experts urge Kenya to end crackdown on rights groups to ensure fair elections • Viet Nam: end detention of ‘Mother Mushroom’ • Burundi: UN experts raise alarm at growing repression of NGOs and human rights defenders • UN expert concerned about recurring violence against demonstrators in Belarus • Assembly & association rights: By the numbers • Special Rapporteur news in brief: February – March 2017 • World briefing: Assembly & association rights in the news For a link to the newsletter, click on the image at right or click here (1.7 MB file). To subscribe to our... Continue reading →
The ability to assemble and act collectively is vital to democratic, economic, social and personal development, to the expression of ideas and to fostering engaged citizenry. Yet despite the increasingly prominent role that assemblies play in today’s world, there is sometimes a lack of clear understanding of the applicable international human rights law and standards. To provide more clarity, the Human Rights Council requested in 2014 that the Special Rapporteur on the rights to freedom of peaceful assembly and of association, Maina Kiai, and the Special Rapporteur on extrajudicial, summary or arbitrary executions, Christof Heyns, to prepare a joint report on the proper management of assemblies. That report (A/HRC/31/66) was published in March 2016, and compiled a series of practical recommendations oriented around 10 guiding principles applicable to the proper management of assemblies. The recommendations were based on consultations with over 100 experts and more than 50 UN Member States. This 10 Principles Civil Society Guide is a companion publication to that report. It is designed to help civil society organizations use the compilation to advance the protection and promotion of human rights in the context of assemblies domestically. It provides suggestions, tools and inspiration to CSOs as they... Continue reading →
The ability to assemble and act collectively is vital to democratic, economic, social and personal development, to the expression of ideas and to fostering engaged citizenry. Yet despite the increasingly prominent role that assemblies play in today’s world, there is sometimes a lack of clear understanding of the applicable international human rights law and standards. To provide more clarity, the Human Rights Council requested in 2014 that the Special Rapporteur on the rights to freedom of peaceful assembly and of association, Maina Kiai, and the Special Rapporteur on extrajudicial, summary or arbitrary executions, Christof Heyns, to prepare a joint report on the proper management of assemblies. That report (A/HRC/31/66) was published in March 2016, and compiled a series of practical recommendations oriented around 10 guiding principles applicable to the proper management of assemblies. The recommendations were based on consultations with over 100 experts and more than 50 UN Member States. This 10 Principles Checklist is a companion publication to that report, designed as an easy-to-use tool to: (1) determine which practical recommendations contained in the report are already in place at the domestic level, and (2) help assess how well domestic and local authorities manage assemblies. The... Continue reading →
The Special Rapporteur’s factsheet summarizing his joint 2016 report with fellow mandate holder Christof Heyns, which outlined a series of practical recommendations for the proper management of assemblies. The report was developed based on consultations with over 100 experts and more than 50 UN Member States. This factsheet draws heavily on the report and answers a number of questions regarding the management of assemblies, including: • Do assembly participants forfeit all of their rights if they are not peaceful? • Do human rights protections apply to everyone participating in an assembly? • Do States have a positive obligation to facilitate assemblies? • Should states require demonstrators to obtain prior permission for assemblies? • Can firearms be used to disperse a violent assembly? • Is there a right to observe, monitor and record assemblies? • Does the right to privacy apply in the context of assemblies? • Do businesses have a duty to respect rights in the context of assemblies? For the Special Rapporteur’s full factsheet series, please see:... Continue reading →
GENEVA – Special Rapporteur on extrajudicial, summary or arbitrary executions, Christof Heyns, and Special Rapporteur on the rights to freedom of peaceful assembly and of association, Maina Kiai, will appear before the Human Rights Council on 9 March 2016 at 1:30 p.m. (Geneva time) to present their joint report on the proper management of assemblies. The presentation and interactive dialogue will be broadcast live on http://webtv.un.org/ The report summarises applicable international legal standards, and offers practical recommendations to States on how these principles might be implemented. The report has been drafted pursuant to a request from the Council in resolution 25/38. In developing the recommendations, the Special Rapporteurs consulted widely through a written questionnaire and in-person meetings with over 50 Member States, and with over 100 experts, drawn from academia, civil society, protest movements, and National Human Rights Institutions. “Our many conversations with States and experts confirmed that the ability to meet and act collectively is vital to democratic development and to the expression of ideas,” Mr. Kiai said. “It also confirmed that basic human rights are routinely violated in the context of assemblies. These recommendations provide a roadmap on how to avoid... Continue reading →
The ability to assemble and act collectively is vital to democratic, economic, social and personal development, to the expression of ideas and to fostering engaged citizenry. Assemblies can make a positive contribution to the development of democratic systems and, alongside elections, play a fundamental role in public participation, holding governments accountable and expressing the will of the people as part of the democratic processes. Yet despite the increasingly prominent role that assemblies play in today's world, there remains a lack of clear understanding of the applicable international human rights law and standards. When can a State require advance notification of an assembly, for example? Can authorities place limits on the time, place or manner that protests are conducted? What are the State's duties in terms of facilitating assemblies? In March 2014, the Human Rights Council requested Special Rapporteurs Maina Kiai and Christof Heyns to help answer those questions and more. This report is the result of their work - a compilation of practical recommendations for the proper management of assemblies based on consultations with over 100 experts and more than 50 UN Member States. Written input was also solicited via questionnaires. “Assemblies are not a novel phenomenon – people taking to... Continue reading →
GENEVA – Special Rapporteurs Christof Heyns and Maina Kiai have held three final consultations in Geneva on their joint project to develop practical recommendations for the proper management of assemblies, as requested by the Human Rights Council in resolution 25/38. Heyns, who is the Special Rapporteur on extrajudicial, summary or arbitrary executions, and Kiai, the Special Rapporteur on the rights to freedom of peaceful assembly and of association, are scheduled to present the recommendations to the Council at its 31st session in March 2016. On October 22, the Special Rapporteurs met with representatives of Member States to provide an opportunity for the exchange of perspectives and experiences on the proper management of assemblies, and to raise issues of specific interest or concern with the Special Rapporteurs. Representatives of 54 States attended the meeting. This was followed on October 23 by a consultation with experts from across Europe and Central Asia. The consultation brought together experts from a range of backgrounds, including serving and retired law enforcement officers, UN bodies, academics, members of civil society, and representatives of NHRIs and ombudsmen. The meeting addressed a broad range of issues relating to the management of assemblies, including the importance of... Continue reading →
PRETORIA, South Africa/ISTANBUL, Turkey – Special Rapporteurs Maina Kiai and Christof Heyns held two expert consultations in August as part of their joint project to develop practical recommendations for the proper management of assemblies, as requested by the Human Rights Council in resolution 25/38. The first was held in Pretoria on August 7, and brought together 25 experts from Sub-Saharan Africa, North Africa and the Middle East. The meeting was hosted by Christof Heyns, Special Rapporteur on extrajudicial, summary or arbitrary executions, with Maina Kiai, Special Rapporteur on the rights to freedom of peaceful assembly and of association, represented by his research team. Participants focused in particular on the use of force in the management of assemblies, and the importance of protecting the lives and bodily integrity of participants and others. They noted the importance of proper training, equipment, and protocols for law enforcement officers, and the need for measures to ensure the appropriate use of “less-lethal” weapons. The second was hosted jointly by the Rapporteurs, and was held in Istanbul, Turkey, which co-sponsored resolution 25/38. It was attended by 23 experts from across the Asia-Pacific region. Experts emphasized that the recommendations should focus on facilitation... Continue reading →
SANTIAGO, Chile – Over 20 experts from throughout the Americas joined Special Rapporteur Maina Kiai in Santiago, Chile, last week for the first consultation in a project to develop practical recommendations for the proper management of assemblies. The recommendations were mandated by the UN Human Rights Council in resolution 25/38, and are due to be presented in March 2016, at the Council’s 31st session. They will be drafted jointly by Kiai, who is the Special Rapporteur on the rights to freedom of peaceful assembly and of association, and Christof Heyns, who is the Special Rapporteur on extrajudicial, summary or arbitrary executions. Heyns was represented at the consultation by his research team. “Peaceful assemblies play a central role in any democracy – allowing people to express their grievances and giving governments a chance to take the pulse of public opinion,” Kiai said. “The goal of these recommendations is to give States a roadmap on how to manage peaceful assemblies in an effective way that also fully respects participants’ fundamental rights.” Participants at the consultation, who came from over a dozen countries throughout the Americas, emphasized that the recommendations should not be limited to managing protests themselves, but should also look at what happens before and... Continue reading →
(NAIROBI/PRETORIA) – UN Special Rapporteurs Maina Kiai and Christof Heyns have embarked on a new joint project aimed at compiling a set of practical recommendations for the proper management of assemblies worldwide. Public assemblies are a central feature of the modern world but often boil over and lead to bloodshed. Societies are often not sure how best to deal with such protests and the United Nations Human Rights Council wants to provide guidance in this regard. The project – which was mandated by Human Rights Council Resolution 25/38 in 2014 – will run throughout 2015, with the final report being presented to the Human Rights Council at its 31st session in March 2016. The recommendations will be drafted jointly by Kiai, the Special Rapporteur on the rights to freedom of peaceful assembly and of association, and Heyns, who serves as the Special Rapporteur on extrajudicial, summary or arbitrary executions. In developing the recommendations, the two UN experts will convene a series of regional consultations in 2015 to gather information on best practices and lessons learned. Input will also be sought via a detailed questionnaire that will be distributed to UN Member States, UN agencies, civil society, intergovernmental organizations, other Special Rapporteurs, and national human rights... Continue reading →