A/HRC/44/50
defenders, are exempted from movement restrictions, while ensuring they are not exposing
their community or staff to excessive risks. The crisis has also been used to limit access to
information. Several States have adopted new measures penalizing the spreading of “fake
news”, or have increased reliance on similar provisions of law already in place, while
individuals reporting on the crisis have been cautioned, detained or expelled.
53.
The Special Rapporteur believes the effectiveness of measures to defeat the COVID19 outbreak depends on the ability of governments to secure people’s participation and trust.
There is a well-documented correlation between the violation of public freedoms, including
association, assembly and expression, on the one hand, and the erosion of government
credibility and the risk of conflict, on the other.50 By contrast, respect for these fundamental
freedoms can empower communities to respond and adapt to changes brought by the crisis
and to be better prepared for similar emergencies in the future. 51 No country or government
can solve the crisis alone; civil society organizations should be seen as strategic partners in
the fight against the pandemic. In particular, civil society will have an important role in
helping countries mitigate, adapt and transform from the devastating and long-term
socioeconomic development effects of this crisis.
54.
In order to ensure that State responses to the COVID-19 pandemic do not infringe
upon the rights to freedom of peaceful assembly and of association, the Special Rapporteur
recommended ensuring that:
(a)
New legal measures respect human rights;
(b)
Public health emergencies are not used as a pretext for rights infringements;
(c)
Democracy is not postponed;
(d)
Civil society is viewed as an essential partner in responding to the crisis;
(e)
Freedom of association and of assembly online is respected;
(f)
Workers can enjoy rights to freedom of association and of assembly;
(g)
Civil society actors are free to express their opinions and share information;
(h)
Civil society’s participation in multilateral institutions is secured;
(i)
International solidarity continues;
(j)
Popular calls for reform are addressed.52
V. Looking ahead: towards a future agenda
55.
The challenges facing the enjoyment of the rights to freedom of peaceful assembly
and of association are complex and rapidly evolving. There is much at stake. Failing to
respond and protect these freedoms poses risks to democracy itself and to the enjoyment of
all human rights. As daunting as these challenges are, however, there are many reasons to
remain hopeful and seek out concrete opportunities to shape the future in a positive way.
A.
Lessons learned
1.
Sound international legal frameworks help create better responses to undue
restrictions to civic space
56.
The existence of comprehensive and well-articulated international norms and
standards regarding the rights to freedom of peaceful assembly and of association has helped
civil society, international organizations, Member States and national human rights
institutions to be better equipped to identify, respond to and push for reforms to regulations
and practices that infringe upon these freedoms. By developing standards and specific
guidance on how to protect and promote the rights to freedom of peaceful assembly and of
50
51
52
14
A/74/349.
Antonio Guterres, “The highest aspiration: a call to action for human rights” (2020).
OHCHR, “States responses to Covid 19 threat should not halt freedoms of assembly and association”.
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