What are freedom of Peaceful assembly and association ?
The freedom of peaceful assembly and association is the right and ability of individuals to come together and collectively express, defend, pursue and advocate for their shared collective interests. These rights allow people to express their political opinions, join trade unions, engage in religious observances, engage in artistic pursuits and elect their representatives and hold them accountable. These rights are fundamental in nature and transcend culture, time or place. It is the need of every human to organize themselves for their shared interest and these rights ensure an environment where this is possible. It is the need of a legitimate democracy and a just society. The Universal Declaration of Human Rights (UDHR), a milestone document in the history of human rights adopted by all states in 1948, highlights that “everyone has the right to freedom of peaceful assembly and association” in Article 20 (1). For the first time, the right to freedom of assembly and association found protection in a universal document.
The Right to Freedom of peaceful assembly:
This right is the right of people to collectively gather publicly or privately in pursuit of shared interests. This includes gatherings such as peaceful protests, sit ins, demonstrations, rallys and any other temporary gatherings for a specific purpose. It is the responsibility of the States to not just protect peaceful assemblies but also facilitate them. This right is to not be limited to individuals belonging to a certain religion, class, race, sect, sex, language or any other status. States must ensure that everyone has access to these rights. One of the most important international human rights treaties which has been ratified by 173 countries, the International Covenant on Civil and Political Rights (ICCPR) commits its parties to respect and protect the right to freedom of peaceful assembly in Article 21. The right is not absolute. Certain assemblies might be subject to certain restrictions “imposed in conformity with the law and which are necessary in a democratic society in the interests of national security or public safety, public order (ordre public), the protection of public health or morals or the protection of the rights and freedoms of others”, according to ICCPR. However, any restrictions placed on this right should never impair the essence of the right. Freedom must be the rule, not the exception.
The Right to Freedom of association:
This right is the right of individuals to join any formal or informal association for collective action. There is no requirement for these groups or associations to be registered. Associations can include civil society organizations, NGO’s, trade unions, clubs, religious organizations, corporate’s, political parties or online associations. Similar to freedom of peaceful assembly, the right to freedom of association is recognised by Article 22 in ICCPR as “everyone shall have the right to freedom of association with others, including the right to form and join trade unions for the protection of his interests”, regardless of their religious or political affiliation, ethnicity, race, language, gender, sex or any other status. The right is not absolute and States are allowed to restrict them under certain circumstances. However, such measures must be prescribed by law and “necessary in a democratic society in the interests of national security or public safety, public order, the protection of public health or morals or the protection of the rights and freedoms of others.” Any restrictions placed on the right to freedom of association must meet strict test of necessity and proportionality.