A/HRC/20/27
right are able to operate freely without fear that they may be subjected to any threats, acts
of intimidation or violence, including summary or arbitrary executions, enforced or
involuntary disappearances, arbitrary arrest or detention, torture or cruel, inhuman or
degrading treatment or punishment, a media smear campaign, travel ban or arbitrary
dismissal, notably for unionists. One or several of such violations is/are found in, e.g.,
Belarus, Colombia, the Democratic Republic of the Congo, Egypt, Israel, the Philippines, ,
Sri Lanka, Syrian Arab Republic and Zimbabwe. 38
(b)
Negative obligation
64.
Furthermore, States have a negative obligation not to unduly obstruct the exercise of
the right to freedom of association. Members of associations should be free to determine
their statutes, structure and activities and make decisions without State interference (e.g.
legislation in Bulgaria, Slovakia and Slovenia). Associations pursuing objectives and
employing means in accordance with international human rights law should benefit from
international legal protection. Associations should enjoy, inter alia, the rights to express
opinion, disseminate information, engage with the public and advocate before Governments
and international bodies for human rights, for the preservation and development of a
minority‟s culture39 or for changes in law, including changes in the Constitution. 40 The
Special Rapporteur recognizes that the formation of associations embracing minority or
dissenting views or beliefs may sometimes lead to tensions, but he emphasizes the duty of
the State to ensure that everyone can peacefully express their views without any fear. For
instance, in Lesotho, the Registrar General registered the first ever lesbian, gay, bisexual
and transgender organization in the country called Matrix in November 2010 (after
numerous delays).
65.
Authorities must also respect the right of associations to privacy as stipulated in
article 17 of the Covenant on Civil and Political Rights. In this connection, authorities
should not be entitled to: condition any decisions and activities of the association; reverse
the election of board members; condition the validity of board members‟ decisions on the
presence of a Government representative at the board meeting or request that an internal
decision be withdrawn; request associations to submit annual reports in advance; and enter
an association‟s premises without advance notice. The Special Rapporteur recognizes the
right of independent bodies to examine the associations‟ records as a mechanism to ensure
transparency and accountability, but such a procedure should not be arbitrary and must
respect the principle of non-discrimination and the right to privacy as it would otherwise
put the independence of associations and the safety of their members at risk. As a best
practice, the decision of the African Commission on Human and Peoples‟ Rights found that
the right to freedom of association had been violated when the Government of Nigeria
provided the Nigerian Bar Association with a new governing body and laid down that 97 of
the 128 members constituting this body would be appointed by the Government (report of
the Special Rapporteur on the situation of human rights defenders, A/64/226, para. 34).
(c)
Build and strengthen the human rights capacity of administrative officials
66.
The Special Rapporteur notes with satisfaction that in Slovenia the Ministry of
Interior is reportedly regularly supervising the work of its administrative units and checking
the legality of how the registration procedures are conducted. During the supervision,
officers in charge of the procedures are offered expert help and interpretation of the law.
38
39
40
16
See footnote 21.
European Court of Human Rights, Ouranio Toxo and Others v. Greece, application No. 74989/01, 20
October 2005, para. 40.
European Court of Human Rights, Zhechev v. Bulgaria, application No. 57045/00, 21 June 2007.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents