A/HRC/20/27 according to the Human Rights Committee, during a state of emergency, the rights to freedom of peaceful assembly and of association shall not be derogated since “the possibility of restricting certain Covenant rights under the terms of, for instance … freedom of assembly is generally sufficient during such situations and no derogation from the provisions in question would be justified by the exigencies of the situation”. 6 2. Environment in which these rights are exercised 20. The rights to freedom of peaceful assembly and of association are constitutionally guaranteed in most countries. In many States, specific domestic laws further govern the exercise of these rights. However, in many instances, domestic legislation in place listed grounds additional to those already prescribed by international human rights law or ambiguous. The Special Rapporteur warns against arbitrary interpretations of such grounds for restriction. He further cautions against an environment in which the enjoyment of these rights is seriously impeded. 21. The legitimate combat against terrorism, and other security considerations, has been used as a justification for the adoption of a state of emergency or other stricter rules to void the rights to freedom of peaceful assembly and of association. In many instances, emergency regulations have been used to clampdown on freedoms of peaceful assembly, of association and of expression. On different occasions, the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism has stressed in a report to the General Assembly that “States should not need to resort to derogation measures in the area of freedom of assembly and association. Instead, limitation measures, as provided for in ICCPR, are sufficient in an effective fight against terrorism” (A/61/267, para. 53). 22. Country-specific contexts sometimes extinguish the rights to freedom of peaceful assembly and of association. In situations of armed conflict, individuals who desire to assemble and associate freely, even to address emergency needs or to call for the end of violence, may meet drastic restrictions that may amount to a strict denial of their rights. 23. The context of elections may also heavily impact on the rights to freedom of peaceful assembly and of association. This is particularly the case when assemblies are systematically prohibited or when individuals active in associations promoting transparent and fair electoral processes and defending democratic principles are subject to harassment and intimidation for their civic activism. Best practices related to the right to freedom of peaceful assembly7 B. 1. Definition of a peaceful assembly 24. An “assembly” is an intentional and temporary gathering in a private or public space for a specific purpose. It therefore includes demonstrations, inside meetings, strikes,8 processions, rallies or even sits-in. Assemblies play a vibrant role in mobilizing the population and formulating grievances and aspirations, facilitating the celebration of events and, importantly, influencing States‟ public policy. 6 7 8 General comment No. 29 (2001) on derogations from provisions of the Covenant during a state of emergency, para. 5. The Special Rapporteur extensively refers to the OSCE/ODIHR Guidelines on Freedom of Peaceful Assembly (2007, Warsaw, second ed.), which he considers the most advanced set of good practices available at the time of drafting. Due to word limit, the report will not cover strikes. 7