A/HRC/44/50
society, the Internet is no longer a safe place, as they have become the growing targets of
surveillance and online violence. The slow progress in addressing these challenges points to
the urgent need to move beyond commitments to action and accountability.
6.
Climate change and other global crises
69.
In the wake of the COVID-19 pandemic, a key issue that emerged is the role of
peaceful assembly and of association in building society’s resilience to different crises. Civil
society has historically played a key role in recovery efforts after natural disasters and amid
humanitarian, health and climate crises. As civic space restrictions have widened and
deepened, they have also affected these groups. A trend towards criminalizing humanitarian
and climate action activists is a growing concern. The agenda will need to engage with these
actors and devise better strategies to empower them to continue to meet these contemporary
challenges.
7.
Participation and democratic processes
70.
The future agenda cannot ignore the multifaceted factors transforming democratic
processes (constitutional, parliamentary and electoral) and the different ways in which those
factors promote or constrain the exercise of the rights to freedom of peaceful assembly and
of association. The digital environment is particularly impacting civil society’s participation
in democratic processes, and the need to understand and address that issue is a matter of
urgency.
8.
Transitional democracies and post-conflict countries
71.
These contexts offer critical opportunities to advance the protection of public
freedoms, including the rights to assembly and association. Higher levels of public
engagement can effectively help consolidate democratic transitions and conflict resolution,
by leveraging civil society’s capacity to generate new ideas, build partnerships and engage
with those hardest to reach. Future work should prioritize support for the creation of an
enabling legal environment for civil society to operate in those contexts, including for
women’s organizations and women’s rights defenders.
9.
Legal reform
72.
For civil society organizations to be able to work effectively, the legal and regulatory
framework governing them must be sufficient to enable their formation, operation and
participation in public life. According to data provided by the International Centre for NotFor-Profit Law, however, from 2013 to 2019, over 88 countries proposed or passed 217 legal
initiatives restricting the work of civil society organizations. A future agenda will need to
guide stakeholders on how to leverage opportunities to reform laws and regulations
governing civil society and secure their effective implementation.
10.
Accountability of State and non-State actors
73.
Securing greater accountability of State and non-State actors for violations of the
rights to freedom of peaceful assembly and of association, including police abuse in the
context of peaceful protests, remains a great challenge. Over the past decade there has been
much less progress in establishing ways of increasing victim access to justice and remedy.
An effective criminal justice response is the primary avenue for securing both criminal and
civil responsibility in this area. A future agenda should seek to collaborate more closely with
members of the legal profession and the justice sector towards ensuring that victims can
effectively access justice.
11.
Implementation at the domestic level
74.
Mandate holders have often drawn attention to a worrying gap between international
norms and standards and the extent to which they are implemented in practice. This is
particularly the case with the rules governing the use of force during the management of
peaceful assemblies that, despite being clearly articulated by international law, are too often
disregarded. Improving compliance mechanisms at the domestic level must be a priority for
States, civil society and the international community.
17
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