A/HRC/44/50
domestic, foreign and international sources.11 The mandate also advanced understanding of
the impact of counter-terrorism and anti-money-laundering laws on the ability of associations
to freely operate and access resources.
19.
The Special Rapporteur pioneered an analysis of the linkages between the 2030
Agenda for Sustainable Development and the enjoyment of the rights to freedom of peaceful
assembly and of association and explored legal and policy gaps in ensuring civil society and
communities can contribute to the achievement of the Sustainable Development Goals. More
recently, a thematic report on the enjoyment of the rights to freedom of peaceful assembly
and of association in the digital era introduced principles applicable to those rights online, 12
which had previously been confined to discussions on freedom of expression and information.
20.
Mandate holders have also articulated the responsibilities of business enterprises to
ensure respect for the rights to freedom of peaceful assembly and of association in their
activities and business relationships in several thematic reports. 13 For instance, the Special
Rapporteur has called on digital technology companies and extractive industries to meet their
responsibilities to respect internationally accepted human rights standards, including the
rights to freedom of peaceful assembly and of association, and to implement the Guiding
Principles on Business and Human Rights.
21.
Certain thematic reports of the mandate holders provided a blueprint for legal and
institutional reform. For instance, in a joint project with the mandate of the Special
Rapporteur on extrajudicial, summary or arbitrary executions, the mandate holder compiled
key principles and practical recommendations for the proper management of assemblies. 14
Similarly, the Special Rapporteur issued practical recommendations and best practices aimed
at supporting States in the implementation of their human rights obligations in order to ensure
the enjoyment of the rights to freedom of peaceful assembly and of association in the context
of the 2030 Agenda.15 As a result of this work, the Special Rapporteur also collected good
practices that exemplify the application of these principles by domestic actors.
22.
The influence of this work on standard-setting bodies, including regional and
international human rights treaty bodies, is broadly recognized. For example, the Guidelines
on Freedom of Association and Assembly in Africa of the African Commission on Human
and Peoples’ Rights incorporate core principles developed by the Special Rapporteurs.
Similarly, in developing the guidance contained in the recent report entitled “Protest and
human rights”, the Special Rapporteur for freedom of expression of the Inter-American
Commission on Human Rights has drawn heavily on the standards put forth by the mandate
holders.16
2.
Mapping global challenges and trends on restrictions
23.
A key area of work of the mandate holders has included the study of global trends
affecting the exercise of the rights to freedom of peaceful assembly and of association. When
the mandate of the Special Rapporteur was established, the problem of closing space for civil
society was not widely understood among the international community. This was especially
true for most international and regional organizations, Governments and donors. Progress in
this area is evident. The Special Rapporteurs joined efforts with civil society actors to draw
attention to the pressures that civil society faces, develop a deeper understanding of the nature
of the threats and challenges and their root causes, and identify opportunities and tools to
address them.
24.
In a report to the Council, the Special Rapporteur examined how Governments were
increasingly imposing limitations in the exercise of the rights to freedom of peaceful
assembly and of association. Drawing on seven years of communications and thematic
reports, the report mapped the myriad of legal and extralegal measures being adopted around
the world, including the adoption of national security, counter-terrorism and public order
11
12
13
14
15
16
Ibid., para. 8.
A/HRC/41/41.
See, for example, A/HRC/29/25 and A/71/385.
A/HRC/31/66.
A/HRC/41/41/Add.2.
Inter-American Commission on Human Rights. Office of the Special Rapporteur for freedom of
expression. Protest and Human Rights (2019).
7
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