A/HRC/20/27
comments on articles 21 and 22 of the International Covenant on Civil and Political
Rights. Greater attention to violations and abuses of both rights should be paid in the
framework of the universal periodic review.
87.
The international community should seriously consider adopting guiding
principles in relation to the right to freedom of peaceful assembly, and the right to
freedom of association, in consultation with all relevant stakeholders.
B.
Specific recommendations
1.
Freedom of peaceful assembly
88.
A presumption in favour of holding peaceful assemblies should be established
in law in a clear and explicit manner.
89.
States should facilitate and protect peaceful assemblies, including through
negotiation and mediation. Wherever possible, law enforcement authorities should not
resort to force during peaceful assemblies and ensure that, “where force is absolutely
necessary, no one is subject to excessive or indiscriminate use of force” (Council
resolution 19/35, para. 6).
90.
The exercise of the right to freedom of peaceful assembly should not be subject
to prior authorization by the authorities, but at the most to a prior notification
procedure, which should not be burdensome. In case an assembly is not allowed or
restricted, a detailed and timely written explanation should be provided, which can be
appealed before an impartial and independent court.
91.
Spontaneous assemblies should be recognized in law, and exempted from prior
notification.
92.
Simultaneous assemblies should be allowed, protected and facilitated, whenever
possible.
93.
Assembly organizers and participants should not be held responsible and liable
for the violent behaviour of others.
94.
States should also ensure the protection of those monitoring and reporting on
violations and abuses in the context of peaceful assemblies.
2.
Freedom of association
95.
A regime of notification to establish an association should be in force.
Associations should be established after a process that is simple, easily accessible, nondiscriminatory, and non-onerous or free of charge. Registration bodies should provide
a detailed and timely written explanation when denying the registration of an
association. Associations should be able to challenge any rejection before an impartial
and independent court.
96.
Any associations, including unregistered associations, should be allowed to
function freely, and their members operate in an enabling and safe environment.
97.
Associations should be free to determine their statutes, structure and activities
and to make decisions without State interference.
98.
Associations should enjoy the right to privacy.
99.
Associations should be able to access domestic and foreign funding and
resources without prior authorization.
21
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