Submission in Response to Call for input - Draft General Comment No. 38 on Article 22 (Freedom of Association) of the International Covenant on Civil and Political Right
Country: All
Issues: International Advocacy
Mechanism: UN Human Rights Committee
Report Type: Call for Inputs
Freedom of Association, as guaranteed under Article 22 of the International Covenant on Civil and Political Rights, has broad application toward civil society and its members. Broadly speaking, jurisprudence from various U.N. bodies has recognized that any restrictions on this right must be legitimate, meaning relevant laws must be accessible and sufficiently precise to enable members to know how to regulate their conduct (foreseeability). Laws may not confer unfettered or sweeping discretion on the law’s enforcers. Restrictions may be imposed only to protect national security or public safety, public order, public health, morals, or the rights and freedoms of others, and they must be “necessary” in a democratic society, and they must be the least severe measures in range, duration, and applicability.
The freedom of individuals to associate with others who share political, social or economic views is critical to the maintenance of a democratic society, but it is under fierce and increasingly successful attacks by Member States around the world. These attacks employ common techniques, both familiar and new. These methods continue to evolve as States copy each other’s tactics. Among these techniques are the following: 1) Onerous and discriminatory requirements for registration, reporting, and de-registration of organizations; 2) State-led stigmatization and delegitimization of opposing organizing is often carried out through vague and overly broad administrative and criminal statutes that sanction associations that are labeled with terminology such as “terrorist,” “undesirable,” or “extremist.” Such labelling is increasingly applied to causes and beliefs even in the absence of formal organization. Through this practice, States create an atmosphere of fear and intimidation by imposing sanctions against individuals deemed by the State to be associated with these alleged entities; 3) States use “Foreign Agent” laws or similar legislation to impose formal restrictions and sanctions on organizations based on their sources of funding or interactions across national borders; 4) States engage in aggressive surveillance practices, including but not limited to monitoring cyberspace. They also impose discriminatory restrictions on internet access, social media platforms and online communications; and 5) Violence, arbitrary detention, and imprisonment are used by authorities to discourage individuals from exercising their right to freedom of association.
These techniques are hampering civil society’s efforts in many countries. The results are intersectional, in that they impinge not only on freedom of association, but also on the freedoms of expression and assembly, the right to work, the right to travel, and journalistic and academic freedoms.
This submission will provide examples of these restrictions and make recommendations for addressing them in General Comment Number 38 on Freedom of Association. It is based on interviews on file with The Advocates for Human Rights, primarily with human rights defenders and civil society from the identified Member States, as well as on desk research and the direct institutional experience of The Advocates for Human Rights.
Where indicated by a source citation and supported by evidence, our proposed recommendations
are drawn from the 2023 report, Relevant Sources of Law on Article 22 ICCPR: Right to
Freedom of Association by the European Center for Not-for-Profit Law (ECNL) and
International Center for Not-for-Profit Law (ICNL).
