A/HRC/23/39
(d)
To ensure that sanctions for the non-respect of restrictions complying
with international human rights norms and standards are proportionate and not set at
a level that would deter individuals from exercising their right to freedom of
association and/or of peaceful assembly;
(e)
To ensure that those who violate and/or abuse the rights of individuals to
freedom of association and of peaceful assembly are held fully accountable by an
independent and democratic oversight body and by the courts of law.
82.
In relation to freedom of association, the Special Rapporteur calls upon States:
(a)
To adopt a regime of notification for the formation of associations, and
to allow for the existence of unregistered associations;
(b)
To ensure that associations – registered and unregistered – can seek,
receive and use funding and other resources from natural and legal persons, whether
domestic, foreign or international, without prior authorization or other undue
impediments, including from individuals; associations, foundations or other civil
society organizations; foreign Governments and aid agencies; the private sector; the
United Nations and other entities;
(c)
To recognize that undue restrictions to funding, including percentage
limits, is a violation of the right to freedom of association and of other human rights
instruments, including the International Covenant on Economic, Social and Cultural
Rights;
(d)
To recognize that regulatory measures which compel recipients of
foreign funding to adopt negative labels constitute undue impediments on the right to
seek, receive and use funding;
(e)
To adopt measures to protect individuals and associations against
defamation, disparagement, undue audits and other attacks in relation to funding they
allegedly received.
83.
In relation to freedom of peaceful assembly, the Special Rapporteur calls upon
States:
(a)
To establish in law, in a clear and explicit manner, a presumption in
favour of holding peaceful assemblies, and to facilitate and protect peaceful
assemblies;
(b)
To ensure that peaceful assemblies are governed at most by a regime of
notification regarding the holding of peaceful assemblies, in lieu of a regime of
authorization. The notification procedure, where introduced, should be as simple and
expeditious as possible;
(c)
To provide organizers, whenever an assembly is restricted in compliance
with international human rights norms and standards, with reasonable alternatives to
hold their peaceful assemblies, which should be facilitated within “sight and sound” of
the target audience;
(d)
To ensure access to public space, including public streets, roads and
squares, for the holding of peaceful assemblies, with the consequence of rerouting
pedestrian and vehicular traffic when necessary;
(e)
To ensure and facilitate at all times access to the Internet and other new
communications technologies, and to further ensure that any restriction on such
access or on the content of websites is reviewed by a competent judicial court;
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