A/HRC/20/27 comments on articles 21 and 22 of the International Covenant on Civil and Political Rights. Greater attention to violations and abuses of both rights should be paid in the framework of the universal periodic review. 87. The international community should seriously consider adopting guiding principles in relation to the right to freedom of peaceful assembly, and the right to freedom of association, in consultation with all relevant stakeholders. B. Specific recommendations 1. Freedom of peaceful assembly 88. A presumption in favour of holding peaceful assemblies should be established in law in a clear and explicit manner. 89. States should facilitate and protect peaceful assemblies, including through negotiation and mediation. Wherever possible, law enforcement authorities should not resort to force during peaceful assemblies and ensure that, “where force is absolutely necessary, no one is subject to excessive or indiscriminate use of force” (Council resolution 19/35, para. 6). 90. The exercise of the right to freedom of peaceful assembly should not be subject to prior authorization by the authorities, but at the most to a prior notification procedure, which should not be burdensome. In case an assembly is not allowed or restricted, a detailed and timely written explanation should be provided, which can be appealed before an impartial and independent court. 91. Spontaneous assemblies should be recognized in law, and exempted from prior notification. 92. Simultaneous assemblies should be allowed, protected and facilitated, whenever possible. 93. Assembly organizers and participants should not be held responsible and liable for the violent behaviour of others. 94. States should also ensure the protection of those monitoring and reporting on violations and abuses in the context of peaceful assemblies. 2. Freedom of association 95. A regime of notification to establish an association should be in force. Associations should be established after a process that is simple, easily accessible, nondiscriminatory, and non-onerous or free of charge. Registration bodies should provide a detailed and timely written explanation when denying the registration of an association. Associations should be able to challenge any rejection before an impartial and independent court. 96. Any associations, including unregistered associations, should be allowed to function freely, and their members operate in an enabling and safe environment. 97. Associations should be free to determine their statutes, structure and activities and to make decisions without State interference. 98. Associations should enjoy the right to privacy. 99. Associations should be able to access domestic and foreign funding and resources without prior authorization. 21

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