The right to freedoms of
peaceful assembly and of association is recognized in international human
rights law, namely under Article 20 of the Universal Declaration of Human
Rights and Articles 21 and 22 of the International Covenant on Civil and
Political Rights. Freedoms of association and peaceful assembly are key pillars
in democratic systems and in credible electoral processes, and all citizens
should be able to fully enjoy these participation rights. Through the practice
of these civil liberties, social movements and civil society have pursued
social justice and equality throughout history, and have been able to advance
the human rights agenda. A historical example is the suffragist movement, which
allowed women to obtain the right to vote in many countries.
In its first thematic
report to the Human Rights Council in 2018, the United Nations Special
Rapporteur on the rights to freedom of peaceful assembly and of association
identifies a number of global trends affecting the exercise of these rights,
including:
- Use of legislation to suppress the legitimate
exercise of freedom of peaceful assembly and association;
- Criminalization, indiscriminate and excessive use
of force to counter or repress peaceful protest;
- Repression of social movements;
- Stigmatization of and attacks against civil
society actors;
- Restrictions targeting particular groups;
- Limitations of rights during electoral periods;
- Negative impact of rising populism and extremism;
and
- Obstructions encountered in the digital space. [1]
In line with these
findings, International IDEA’s Global State of Democracy Indices show worrying
trends in the evolution of freedom of association and peaceful assembly
worldwide. According to this research, between 2005 and 2015, 14 analyzed
countries improved their freedom of association and peaceful assembly, while 22
countries saw a decline in this area. The CIVICUS State of Civil Society Report
2018 found that most countries in the world are seeing “serious, systematic
problems with their civic space”, with shrinking space for civil society even
in countries where it had not been seen before.[2]
Global restrictions to
the rights of association and peaceful assembly, as well as shrinking civic
space, have a particularly negative impact on the work of women’s associations.
The Special Rapporteur’s report shows concern about “the use of police
violence, harassment and judicial intimidation against assemblies held by women
in different parts of the world.”
Across the globe, LGBTI
persons, among other minority and marginalized groups, suffer from
discrimination, unequal treatment and harassment in the exercise of their
rights to association and peaceful assembly, generally in the broader context
of shrinking civic space and democratic backlash.[3]
“LGBT groups often face discriminatory restrictions and bans on holding public
gatherings. LGBT pride marches have been banned in some cities; in others,
where marches have gone ahead, the authorities have failed to take effective
measures to protect participants, leading to violent attacks by neo-Nazi groups
and other extremists.”[4]
