Global Trends in Challenges and Restrictions to FoAA Rights 

This report – the first presented to the Human Rights Council by Special Rapporteur Clement Voule as mandate holder- draws attention to the global trend of closing civic space.

Civic space, including the rights to freedom of peaceful assembly and of association, are under intensifying attack around the globe. Everyday civic space is being reduced, eroded, or shut down completely in many parts of the world. State and non-state actors are devising novel ways to undermine civic space protections at both the national and international levels. These measures are often grounded in State security notions that run counter to the very idea of democracy and basic human rights principles” stressed UNSR Voule.

The growing number and severity of the restrictions documented across all regions, particularly in the name of protecting State security and national stability, are of great concern.”

In this report, the Special Rapporteur identifies eight global trends in restrictions and challenges to the exercise of the rights to freedom of peaceful assembly and association based on communications sent and information received under the mandate. The identification of these trends seeks to provide the actors involved in the promotion of FoAA rights guidance for action aimed at combating them:

1. Increasing use of legislation to suppress the legitimate exercise of the rights to freedom of assembly and association, including restrictive legal measures that impede the formation and registration of associations, or others that increase barriers to organizing and participating in peaceful assemblies.

2. Persistent criminalization of, and indiscriminate excessive use of force to counter or repress peaceful protest, often under the guise of anti-terrorism legislation. Assemblies and protests are equated with threats to national security and consequently, State authorities respond with violence and the heavy hand of the criminal law — anti-terrorism legislation in particular. The willingness of State authorities to engage in dialogue and negotiation has declined over the years.  This has resulted in numerous cases of killings and injuries, and the detention and torture of protesters worldwide, many under trumped-up charges as part of unfair trials.

3. Social movements all too often face fierce repression. The young –demanding opportunities for their future– and rural communities and indigenous peoples –defending their natural resources– have been specially targeted.

4. The stigmatization of, and attacks against, civil society actors is another worrying trend, with reports that real strategies of persecution against human rights defenders are in place in certain countries. Human right defenders have been victims of smear campaigns and labelled as “terrorists”, “foreign agents” or criminals by their governments.

5. Because of their minority or marginalized status, specific groups, including among others female land-rights activists or LGBTI defenders are more at risk of repression in their right to exercise peaceful assembly and association.

6. Increasing limitations on FoAA rights during electoral periods, in the form of among others internet shutdowns and arrests of journalists or rights defenders in the context of elections.

7. Alarming rise of populism and extremism that object to the principles of human rights and their universality.

8. A growing concern of restrictions to the enjoyment of FoAA rights in the digital space, including the use of overly broad provisions -often established in cybercrime laws – to restrict online content.

The report concludes by detailing the methods that will be harnessed by the mandate in coping with the above-mentioned threats. These methods include developing a broader normative framework, ensuring a continuity with the work carried out by his predecessors and deepening the communication channels opened by them, as well as focusing on promoting cooperation and dialogue.  While acknowledging the efforts of some States to mitigate these trends, UNSR Voule called onto the international community for their continued support in addressing these restrictive trends.

 

Read the full report (A/HRC/38/34) in all UN languages here.