2022 review of global trends impacting the rights of peaceful assembly and of association
And how my mandate responded to them
1. Clamp-down on associations and increased restrictions on access to resources
In 2022 we witnessed a very worrying trend of increase in restrictions to CSOs’ access to funding, including adoption of laws, policies and practices that impede such access. This has contributed to further shrinking civic space and clampdown on the right to freedom of association.
In response to this worrying global trend I presented to the UN Human Rights Council in June a report titled The Right of Civil Society to Access Resources, in June. I provided detailed recommendations to States and other key stakeholders aimed at enhancing the respect and protection of the rights of associations to seek, receive and use financial resources.
In August I undertook an Academic Visit to Costa Rica, where I met with members of the Interamerican Commission on Human Rights, national authorities, and civil society actors to discuss how different stakeholders could better promote and protect the rights of CSOs to access resources in the Central American region.
Whilst we are seeing scores of NGOs being closed down in Nicaragua and elsewhere, I have continued to reiterate, on many occasions and at many events in 2022 that no State in this world can overcome poverty or inequality without the participation of civil society. Nicaragua, where the situation is particularly critical, has to comply with its international obligations and respect these fundamental freedoms if it wants to reach its SDG targets.
2. Stigmatization and repression of peaceful protests and social mobilizations
Despite being a driving force for building inclusive and peaceful societies, social and protest movements have experienced growing and widespread violations and stigmatization in 2022. Stigmatization has been used as a tool by States to delegitimise, criminalise and supress protests.
🔶In Iran, during the months-long ongoing protests following the death in police custody of Masha Amini, the regime has brutally cracked down on peaceful protesters, using lethal force and killing and injuring hundreds; thousands have been arbitrarily arrested, many facing death penalty in connection to the protests; at least four have been executed. The regime often labelled protesters as foreign agents or terrorists to justify crackdown and repression against protesters. Victims include children.
Together with other UN experts, I repeatedly urged Iran authorities to stop the repression against protesters and to respect the rights of peaceful assembly and of association.
Following calls which I made jointly with other Special Rapporteurs urging strongly for the establishment of an international investigative mechanism, to ensure accountability for the grave human rights violations against protesters in Iran, I greatly welcome the UNHRC’s decision of 24 November to establish an independent international fact-finding mission. “To end impunity and the cycle of abuse against peaceful protesters in Iran, it is vital to ensure justice for all the violations committed in the context of the peaceful protests that began in Iran on 16 September 2022.”
🔶 In October 2022, I presented a report at the UNGA 77th session, titled The essential role of social movements in building back better. In the report I urged States to respect and treat social movements as partners and stop labeling them as threats. I highlighted the important role social movements have in helping States to build back better from challenges related to the COVID-19 pandemic and to achieve the full implementation of the 2030 Agenda for Sustainable Development.
3. Increased militarization of policing of protests and increased abuse of emergency powers to suppress protests
In 2022 we continue to see an increasing trend of militarization of policing of protests around the globe.
I sent a letter to Mexican authorities raising concerns of its impact on the right to peaceful assembly.
🔶In June 2022, I presented at the UN Human Rights Council a report dedicated to The Protection of Human Rights in the context of peaceful protests during crisis situations, pursuant to UN HRC Resolution 44/20. I called on States to stop using crises to suppress and repress peaceful protests, but to listen and take into account protesters’ legitimate demands, in times of crises.
I urged States to ensure law enforcement have the necessary training, capacity and equipment to protect human rights in the context of peaceful protests in crisis, and to strictly refrain from using military in policing protests, or granting law enforcement with unrestricted powers, including “shoot to kill” orders for dispersing assemblies.
Deeply concerned by the trend of increasing repression of peaceful protests around the world, including through militarisation of policing protests, and recognising the important role law enforcement has in promoting and protecting human rights in the context of protests, the UN HRC adopted in June resolution 50/21, which mandated me to further produce practical tools for law enforcement to assist them in improving the protection of peaceful protests.
I will start broad global and regional consultations including with law enforcement for the development of these much-needed tools in 2023.
4. Discrimination and inequality
In 2022 we have seen that people and communities who are marginalized or who face inequality and discrimination, whether based on race, gender, sexual orientation, gender identity, religion, age, disability, occupation, social, economic or migratory status continue to be more affected by restrictions on their right to freedom of peaceful assembly and of association and face harsher repression.
During my official country visit in Brazil from March to April 2022, I witnessed an environment where structural discrimination and violence against people of African descent, and indigenous peoples, is still prevalent.
While in 2022 we saw several large marches by indigenous peoples asking for the protection of their lands in Brazil, civil society and human rights defenders working on land issue face increased harassment, physical attacks and criminalisation of their work.
I expressed my initial concerns and recommendations to Brazil in my preliminary report in April 2022. At the HRC in June next year, I will present a complete country report, containing all my observations and recommendations.
I reiterate my full support to the Brazil authorities in addressing the challenge of discrimination and inequality in the context of the rights to peaceful assembly and association, as well as any other challenges relating to the rights concerned by my mandate.
5. Ongoing impunity for violations of FoAA rights
In 2022 we observed numerous serious violations of human rights with impunity in the context of peaceful assembly and of association. Where impunity reigns and the perpetrators are not brought to justice, it creates a chilling effect and prevents civil society from enjoying their FoAA rights. Impunity facilitates the recurrence of human rights violations, such as the killings of activists and repression of peaceful protests. Numerous protests faced lethal force by the law enforcement with impunity in 2022.
I have urged Chad authorities to conduct independent investigations into the deadly events of 20 October and bring the perpetrators before an independent court.
🔶 Similarly, I have called on the Sudan authorities to ensure immediate accountability for past and ongoing human rights violations and stop excessive use of force against protesters.
🔶 There is an intrinsic interlinkage between access to justice, the rights to freedom of peaceful assembly and association and the strengthening of civic space, which I have underlined in my 2021 thematic report dedicated to Access to Justice as an integral element of the Protection of Rights to Freedom of Peaceful Assembly and Association.
🔶Through 2022, I have been conducting regional consultations with lawyers from around the world to implement the Guidelines for Lawyers in support of peaceful assemblies, which my mandate developed to support lawyers’ work to provide access to justice in the context of peaceful assemblies.
In January 2022, together with partner organizations, I met with legal practitioners working within the context of peaceful assemblies, where we discussed initiatives to improve and promote accountability in the context of peaceful assembly.
🔶Pursuing accountability for violations in the FoAA context will be the focus of my mandate in 2023 and my next thematic report to the Human Rights Council will be dedicated to Ending impunity and advancing accountability for serious violations related to the exercise of the rights to freedom of peaceful assembly and of association
6. Declining election integrity and repression of the rights to peaceful assembly and of association in election periods
In 2022 we have witnessed in various countries a repression of the rights to peaceful assembly and association ahead of, during and after elections.
🔶I pre-emptively conducted an academic visit to Kenya ahead of the general elections and held numerous consultations with civil society and other stakeholders to discuss protection and safety, including adequate State preparedness to facilitate peaceful assemblies and protect human rights in this context, including for women.
🔶 Amidst concerns of repeated election-related violence in the context of assemblies, which led to loss of life and sexual and gender-based violence during the 2017 elections, I closely monitored the Kenya elections in August 2022.
We see that elections have been postponed, in all regions of the world owing to the COVID-19 pandemic, without full transparency or consultation with civil society.
In my guidelines on The rights to freedom of peaceful assembly and of association in the context of elections and the covid-19 crisis, I addressed this trend, and provided recommendations to States and other actors to ensure their responses to the pandemic do not infringe upon the rights to freedom of peaceful assembly and of association.
7. Increased unlawful surveillance and online intimidation
In 2022 we have seen how States continue to increase their use of digital technology to silence, survey and harass dissidents, political opposition, journalists, human rights defenders, activists and protesters, and to manipulate public opinion.
🔶 On numerous occasions and at several events in 2022, I have reminded States that the digital sphere is an extension of Civic space and that it serves to increase CSOs capacity for mobilization and association. “The international human rights norms and principles should be respected and protected by States also in the digital arena and be the framework that guides digital technology companies’ design, control and governance of digital technologies.”
We also saw the use of targeted spyware technology by Governments around the world to monitor, intimidate and silence human rights defenders, journalists and political opponents.
Together with other UN experts, I have consistently called for the creation of a robust regulatory framework so that these technologies are reined in by effective regulation based on international human rights law and standards, aimed at facilitating and not restricting fundamental freedoms.
🔶 See my 2019 thematic report titled The rights to freedom of peaceful assembly and of association in the digital age which provides recommendations to states and other actors to enhance the guarantee and protection of the rights to freedom of peaceful assembly and association inside the digital arena, and when using technology.
8. A broadened base of support and collaboration to promote and protect FoAA rights
Since taking up my mandate, we have seen a broadened base of support and growing awareness of the need to promote and protect the rights of peaceful assembly and of association, while we continue to invest in and promote collaboration between international and regional Human Rights Mechanisms and civil society.
🔶 In October 2022, at the 73rd ordinary session of the African Commission on Human and People’s Rights, we celebrated the 10-year anniversary of the Addis Ababa Roadmap, a historic blueprint for enhanced collaboration between the UN Special Procedures and the African Commission for Human and People’s Rights.
On the occasion we committed to an increased strategic approach and dedicated resources for the benefit of the Roadmap’s continued success for the years to come.
🔶In November 2022, I convened a strategic meeting with all regional mechanisms and with civil society actors to determine avenues and opportunities for closer collaboration to strengthen the protection of the rights to peaceful assembly and of association in the face of growing challenges and threats to these rights.
A framework for collaboration, which is in the making, will serve as conductive wire to our joint commitment.
9. An open dialogue with States
Over the course of 2022, I have engaged with States from across all regions, in the context of my interactive dialogues on my annual thematic reports to the HRC and the UNGA. These interactions have been in a spirit of constructive dialogue to advance better protection of the fundamental freedoms of peaceful assembly and of association.
At the HRC-50th session in June 2022, 51 States and States speaking on behalf of groups of States such as the EU, from across all regions, intervened in response to my interactive dialogue,
The large majority of the States intervening expressed support of my reports and conclusion, while almost all agreed in principle on the importance of guaranteeing the right to peaceful assembly and of association.
However for these rights to become reality, States must show political will to protect these rights and implement the recommendations made in my reports.
The support for the mandate and for the rights of peaceful assembly and association were reflected in the HRC’s renewal of my mandate for a period of three years through resolution A/HRC/50/L.16
” To respond to these global threats and assaults on civic space and overturn these repressive trends, we must now, more than ever, continue to unite, strategize, and join forces, both globally and regionally. It is our collective duty to protect and promote these essential rights, which are fundamental components of democracy, in the face of the global assault on civic space”
UNSR Clément N. Voule