Background

Since the establishment of the mandate on freedom of peaceful assembly and of association, in 2010 by Human Rights Council resolution 15/21, a number of important gains have been achieved contributing to strengthening the enabling environment for the exercise of these fundamental freedoms and their protection at global, regional and local levels. The mandate has been instrumental in addressing challenges and restrictions on the peaceful assembly and of association rights. Specific efforts have been made towards promoting prevention through early warning activities and promoting accountability, as well as creating and developing partnerships with a variety of stakeholders, expanding the scope of the work beyond human rights circles, such as engaging with the peacebuilding and security sector, as well as with the business sector, among others. Recognizing the value and importance of grassroot activists and social movements as key frontline actors for the defense of human rights and democratic values, and for galvanizing positive change in their communities, the mandate has proactively engaged with these actors and has worked to enhance their space for action and support.

The 10th Anniversary report by the Special Rapporteur to the Human Rights Council in 2020, “Ten years protecting civic space worldwide,” highlighted the key achievements and contributions made by the mandate, including strengthening global and regional legal protection of freedom of peaceful assembly and association rights. The mandate has also worked to enhance the recognition and respect of these rights in times of crisis, and as an integral part of inclusive peace processes and democratic transitions, as well as to strengthen the protection framework of these rights online and through the use of technologies.

However, despite these efforts and the importance of these rights for the promotion and defense of all human rights, for the realization of the Sustainable Development Goals 2030 Agenda, and for advancing global peace and security, freedom of peaceful assembly and association face increased restrictions and repression by governments and non-State actors around the world. The current global crackdown on civic space is at a high-water mark, with heightened forms of suppression and repression, including due to expanding authoritarian regimes, and regression of these rights in established democracies. Moreover, these attacks on fundamental freedoms are closely linked to attacks and push backs against democratic values and freedoms.

As we celebrate the 75th anniversary of the Universal Declaration of Human Rights (UDHR), it requires collective response to ensure that the freedom of peaceful assembly and association rights gains are preserved, so these rights can continue to play their historic and crucial role in promoting the defense of human rights, socio-economic justice and peace. The importance of reversing the restrictions to these fundamental freedoms is even more urgent today, as the world is facing serious and growing threats to global peace and security due to the escalation and expansions of armed conflicts, and attacks on democracy, including by anti-rights and authoritarian actors, as well as the serious climate change crisis. While emerging technologies present some opportunities, they also pose new threats, all the more so given the lack of adequate regulations, oversight and human rights safeguards. To address the global challenges of today and of tomorrow, a collective effort will be needed to push back against the global threat to the rights to freedom of peaceful assembly and association, and to ensure their capacity to enable change is maximally supported.

Objectives

The information collected will inform the thematic report by the Special Rapporteur on the rights to freedom of peaceful assembly and association, which will be presented to the Human Rights Council (HRC) at its 56th session in June 2024.

The report aims at analyzing the key gains of the rights to freedom of peaceful assembly and of association, and the deepening and emerging/new challenges and threats to these rights, while identifying and examining the responsibilities of global and regional actors that can play a role in providing a global unified response against the current crackdown on these rights. This report will provide an important contribution to strengthening the commitments for the rights and principles enshrined in the Universal Declaration for Human Rights, at its 75th anniversary.

Key questions and types of input/comments sought

States, Civil Society actors and National Human Rights Institutions (NHRIs) are encouraged to submit inputs with regards to the following questions, focusing on specific ongoing/increasing and emerging challenges, and provide recommendation on how to preserve the gains and reverse these restrictions to the rights to freedom of peaceful assembly and association.

Questions for States, Civil Society, NHRIs:

1. What are the key gains related to the freedom of peaceful assembly and of association rights, which are at risk in your country today and need urgent attention to ensure these rights can be effectively exercised?
2. What do you see as the most pressing and/or new threats and challenges in your country for the enjoyment of the rights to freedom of peaceful assembly and of association?
3. How is the current backlash against democracy and democratic values and freedoms (globally, regionally and in your country) affecting the enjoyment of these rights and their protection in your country?
4. How are emerging technologies (such as artificial intelligence, biometrics, etc.) impacting the rights to freedom of peaceful assembly and of association in your country?
5. Who are the main actors (ongoing and new) that threaten the rights to freedom of peaceful assembly and of association in your country?
6. What steps are most important to counter anti-human rights agenda and to protect pro-democracy civil society and movements?
7. What role does social media play with regards to freedom of peaceful assembly and of association? What steps might help promote the positive effects of social media, while limiting its negative potentials to restrict these rights?
8. What specific measures can be taken at the national, regional and global level to push back against restrictions on freedom of peaceful assembly and association rights?
9. What different actors (at global, regional and local level) do you believe can play a positive role, individually and in collaboration, in pushing back against attacks on freedom of assembly and of association rights, and what concrete actions should they take?
   1. Please consider what the United Nations bodies, regional bodies and mechanisms, private sector/businesses, other non-State actors, and others should do? What new actors should be engaged and what is their responsibilities regarding protection of freedom of assembly and association rights?
   2. How can movements in support of human rights and workers’ rights better synchronize their activities in support of the rights to freedom of peaceful assembly and of association?