A/HRC/44/50
freedoms. The Council should ensure that the framework of the universal periodic
review gives greater attention to violations and abuses of both rights;
(b)
The Council and its treaty body mechanisms should monitor State
compliance with human rights international norms and principles, including with
regard to the rights to freedom of peaceful assembly and of association, in the context
of emergency measures related to the COVID-19 pandemic, and should promote
accountability in case of violations;
(c)
The General Assembly and its high-level political forum on sustainable
development should pay greater attention to the impact of closing civic space on the
achievement of the Sustainable Development Goals and issue guidance to all
stakeholders on how to ensure that civil society can contribute to the implementation of
the 2030 Agenda for Sustainable Development;
(d)
It is necessary to ensure the meaningful participation of civil society in all
United Nations forums, platforms and decision-making processes, without
discrimination or undue restrictions;
(e)
United Nations support at field level, including Resident Coordinators and
United Nations country teams, should develop partnerships with civil society
organizations and enhance strategies for the domestic implementation of norms and
standards to advance protection of these fundamental freedoms;
(f)
The Human Rights Committee is encouraged to ensure that the views of
civil society and the experiences of individuals on the ground are taken into account
while developing general comment No. 37 on the right to freedom of peaceful assembly,
as provided for in article 21 of the International Covenant on Civil and Political Rights;
(g)
The Secretary General’s “The highest aspiration: a call to action for
human rights” should be translated into concrete actions and results, including
measures to protect public participation and civic space.
81.
The Special Rapporteur recommends that States should:
(a)
Recognize, in law and in practice, that the rights to freedom of peaceful
assembly and of association are essential components of democracy and sustainable
development, as they provide avenues for dialogue and pluralism of views;
(b)
Ensure that conducive legal, political, economic and social environments
exist for civil society to freely operate, including by ensuring that the rights to freedom
of peaceful assembly and of association and other human rights are enjoyed by everyone,
without discrimination;
(c)
Ensure that any restrictions to the rights to freedom of peaceful assembly
and of association are prescribed by law, as necessary in a democratic society, and are
proportionate to the aim pursued;
(d)
Design and put in place a follow-up mechanism, with the participation of
civil society and national human rights institutions, to ensure recommendations made
by the mandate holders, in particular after a country visit, can be effectively
implemented;
(e)
In the context of the COVID-19 emergency measures, ensure that the
human rights framework, including the rights to freedom of peaceful assembly and of
association, is embedded in all responses; refrain from imposing undue restrictions to
the rights to peaceful assembly and of association; and ensure accountability in case of
any violation of these fundamental freedoms.
82.
National human rights institutions should play a role in fostering and monitoring
the implementation of the rights to freedom of peaceful assembly and of association and
in receiving and investigating allegations of related human rights violations and abuses.
83.
International organizations and their member States should actively defend the
rights to freedom of peaceful assembly and of association and speak out in cases of
violations, threats, intimidation or reprisals against individuals for exercising these
freedoms. The donor community, in particular, should exert greater leverage and
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