A/HRC/41/41
This means ensuring that the rights to freedom of peaceful assembly and of association are
enjoyed by everyone, without discrimination on the basis of race, colour, sex, language,
religion, political or other opinion, national or social origin, property, birth or other status
(article 2 (1) of the International Covenant on Civil and Political Rights). 14
14.
In the digital age, the positive obligation to facilitate the exercise of the rights to
freedom of peaceful assembly and of association includes efforts “to bridge the digital
divides, including the gender digital divide, and to enhance the use of information and
communications technology, in order to promote the full enjoyment of human rights for
all”.15 The obligation to protect requires that positive measures be taken to prevent actions
by non-State actors, including businesses, that could unduly interfere with the rights to
freedom of peaceful assembly and of association. 16
15.
Where peaceful assembly and association rights are unduly restricted, the victim(s)
should be able to exercise their rights to an effective remedy and obtain redress. The
Human Rights Council has called on States to “ensure effective remedies for human rights
violations, including those related to the Internet, in accordance with their international
obligations”.17
16.
Violations of the rights of peaceful assembly and association may also interfere with
the enjoyment other human rights, both offline and online. These include the right to
privacy and the right to freedom of opinion and expression, which are intimately related to
the enjoyment of peaceful assembly and association rights. Other rights may also be
affected, particularly economic, social and cultural rights.
B.
Role and responsibilities of business
17.
In the digital age, the exercise of the rights of peaceful assembly and association has
become largely dependent on business enterprises, whose legal obligations, policies,
technical standards, financial models and algorithms can affect these freedoms. Online
platforms and social media companies, in particular, wield significant power over how both
the right to freedom of peaceful assembly and the right to freedom of association are
enjoyed and exercised, particularly in countries where the “offline” exercise of the rights to
freedom of peaceful assembly and of association is heavily curtailed. These platforms,
however, have also become new tools for targeting and surveilling civil society actors.
18.
The global framework for assessing digital technology companies’ responsibilities
to respect human rights is provided by the Guiding Principles on Business and Human
Rights.18 Guiding principles 11–24 recognize that business “should respect human rights”
by avoiding infringing on the human rights of others and by addressing adverse human
rights impacts with which they are involved. In order to fulfil this obligation, business
enterprises should have in place human rights policies and processes – including a policy
commitment to meet their responsibility to respect human rights; a human rights due
diligence process to identify, prevent, mitigate, and account for how they address, their
human rights impacts; and processes to enable the remediation 19 of any adverse human
rights impacts that they cause or to which they contribute.
19.
In this regard, the mandate holder associates himself with the views of the Special
Rapporteur on the promotion and protection of the right to freedom of opinion and
14
15
16
17
18
19
See also article 26 of the Covenant.
Human Rights Council resolution 38/7, para. 5. This is also reflected in the 2030 Agenda for
Sustainable Development, which contains a commitment to “significantly increase access to
information and communications technology and strive to provide universal and affordable access to
the Internet in least developed countries by 2020” (target 9.C) and to “enhance the use of enabling
technology, in particular information and communications technology, to promote the empowerment
of women” (target 5.B). See also A/HRC/35/9.
See article 2 (2) of the Covenant; and Human Rights Committee, general comment No. 31.
See Human Rights Council resolution 38/7.
A/HRC/17/31.
A/72/162, para. 86 (c).
5
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents