A/HRC/26/29 • Article 5 of the Convention on the Rights of Persons with Disabilities is of particular importance in ensuring that persons with disabilities are treated as equal before and under the law. Article 29 explicitly recognizes the rights of persons with disabilities to participate in political and public life, including by participating in NGOs concerned with public and political life and by forming and joining organizations to represent the interests of persons with disabilities at all levels. • Indigenous peoples are entitled, inter alia, to the right to participate fully in the political, economic, social and cultural life of the State, and to determine their own identity or membership in accordance with their customs and traditions.13 • The right of minority groups to freely associate is implied in the protection of the International Covenant on Civil and Political Rights of their right, in community with other members of their group, to enjoy their own culture, practice their religion and use their own language (art. 27). • The International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families guarantees the right to join associations and take part in the activities of associations, but stops short of protecting the right to form associations (art. 26). • Internally displaced persons have the same rights and freedoms under international and domestic law as other persons in the country and, in particular, have the right to associate freely and participate equally in community affairs.14 • Refugees lawfully staying in a country are entitled, in relation to the right to freedom of association, to the most favourable treatment accorded to nationals of a foreign country, in the same circumstances.15 • In relation to non-nationals, the Committee on the Elimination of Racial Discrimination recognizes that States may require non-citizens to have work permits in order to be eligible for job offers. However, all individuals are entitled to the enjoyment of labour and employment rights, including the freedom of assembly and association, once an employment relationship has been initiated until it is terminated.16 • The Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms explicitly recognizes the rights of human rights defenders to peacefully assemble, to form, join and participate in non-governmental organizations, associations or groups and to communicate with non-governmental and intergovernmental organizations (art. 5). In its resolution 22/6, the Human Rights Council recognized the importance of the rights to freedom of peaceful assembly and of association for defenders. 21. As the Special Rapporteur has pointed out in previous reports, freedom should be the rule and restrictions the exception (A/HRC/23/39, para. 18). Any restrictions imposed must be strictly motivated by the limited concerns which are prescribed by law and which are 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 13 14 15 16 8 United Nations Declaration on the Rights of Indigenous Peoples, arts. 5 and 33. Guiding Principles on Internal Displacement, principles 1, para. 1 and 22, para. 1 (c). Convention relating to the Status of Refugees, art. 15. General recommendation No. 30 (2004), para. 35.