A/HRC/44/50/Add.1
(g)
Ensure that any court orders sought in order to prevent or stop an
assembly allow organizers adequate time and opportunity to challenge them, and also
ensure that organizers of protests are not held personally accountable for illegal acts
committed by others in the context of the protests that they have organized;
(h)
Ensure the safe exercise of the right by groups such as national and
religious minorities, LGBTQI+ groups, children and women, including by protecting
them from attacks, harassment and intimidation by third parties;
(i)
Ensure that all incidents in which the actions of security forces have
resulted in human rights violations, in particular death and injury, are promptly,
independently and transparently investigated and prosecuted, including the
Rathupaswala, Welikada prison and Roshan Chanaka cases.
96.
With regard to the right to freedom of association, the Special Rapporteur
recommends that the Government:
(a)
Ensure that existing legislation dealing with the right to freedom of
association is in line with international human rights laws and standards, in particular
in relation to registration, reporting requirements, the right to privacy and suspension
or dissolution of associations, and avoid enacting regressive legislation in the future,
including legislation mandating the registration of associations;
(b)
Engage in meaningful consultation with civil society and the National
Human Rights Commission on all relevant legislation, including at the drafting,
review and implementation stages, especially when such legislation pertains to an
alteration in the status, rights or obligations of associations, such as NGOs and trade
unions;
(c)
Ensure that all administrative authorities at the national, divisional and
district levels dealing with the right to associate are duly trained on international
human rights norms and standards in order to create a favourable and enabling
environment for civil society to operate;
(d)
Provide an avenue of appeal in cases where the Ministry of Defence
denies the registration of an association on the basis of national security, and ensure
that reasons for refusal are provided in writing at the earliest possible opportunity;
(e)
Ensure the rights to form and join trade unions, both inside and outside
of free trade zones, and guarantee their rights to strike and collectively bargain,
including through the removal of the 40 per cent threshold in this regard; also ensure
that no restrictions are placed on the right to strike, other than those listed as
permissible under articles 21 and 22 of the International Covenant on Civil and
Political Rights;
(f)
Accurately measure and record the membership and representative
status of trade unions and engage in efforts to promote fruitful interactions between
them, with the aim of improving labour standards, guaranteeing labour rights and
assisting in the realization of common goals;
(g)
Ensure the full implementation of the recommendations contained in the
reports of the Committee of Experts on the Application of Conventions and
Recommendations.
97.
The Special Rapporteur calls on civil society organizations, including trade
unions, to:
(a)
Continue to work together, speaking with a united and coherent voice
towards the realization of common goals, such as the promotion and protection of
human rights, democracy, rule of law, sustaining peace and justice;
(b)
Work collaboratively with the Government at every opportunity in
order to advocate for the mainstreaming of human rights through legislative
instruments and policy implementation;
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