Summary
Everyone has the right to association.
Obligations
Election Parts
Issues
Criteria
- Citizens were able to establish and participate in political parties and other associations
- Political organizations were treated equally in being recognized and registering as a party
- The vote-counting process was transparent and observable
- Civil society organizations participated in voter education
- Civil society organizations were permitted to conduct voter registration free from unreasonable restrictions
Quotes
- In compliance with the fundamental obligations laid down in article 2 of this Convention, States Parties undertake to prohibit and to eliminate racial discrimination in all its forms and to guarantee the right of everyone, without distinction as to race, color, or national or ethnic origin, to equality before the law, notably in the enjoyment of the following rights: (d) Other civil rights, in particular: (ix)The right to freedom of peaceful assembly and association.
- The Parties shall ensure respect for the right of every person belonging to a national minority to freedom of peaceful assembly, freedom of association, freedom of expression, and freedom of thought, conscience and religion.
- Each Party undertakes, subject to the provisions of Article 9, to guarantee to foreign residents, on the same terms as to its own nationals: ...b. the right to freedom of peaceful assembly and to freedom of association with others, including the right to form and to join trade unions for the protection of their interests. In particular, the right to freedom of association shall imply the right of foreign residents to form local associations of their own for purposes of mutual assistance, maintenance and expression of their cultural identity or defence of their interests in relation to matters falling within the province of the local authority, as well as the right to join any association.
- The freedom of association and the right to meet and organize peaceful demonstrations shall also be guaranteed.
- 1. State Parties recognize the rights of the child to freedom of association and to freedom of peaceful assembly. 2. No restrictions may be placed on the exercise of these rights other than those imposed in conformity with the law and which are necessary in a democratic society in the interests of national security or public safety, public order (ordre public), the protection of public health or morals or the protection of the rights and freedoms of others.
- Everyone shall have the right to freedom of peaceful assembly and to freedom of association with others, including the right to form and to join trade unions for the protection of his interests.
- No restrictions may be placed on the exercise of this right other than those which are prescribed by law and which are necessary in a democratic society in the interests of national security of public safety, public order (ordre public), the protection of public health or morals or the protection of the rights and freedoms of others.
- Everyone has the right to freedom of peaceful assembly and to freedom of association at all levels, in particular in political, trade union and civic matters, which implies the right of everyone to form and join trade unions for the protection of his or her interests.
- Every individual shall have the right to free association provided that he abides by the law.
- Every citizen has the right: 5. To freely form and join associations with others. 6. To freedom of association and peaceful assembly. 7. No restrictions may be placed on the exercise of these rights other than those which are prescribed by law and which are necessary in a democratic society in the interests of national security or public safety, public health or morals or the protection of the rights and freedoms of others.
- Each contracting Party shall allow to migrant workers the right to organise for the protection of their economic and social interests on the conditions provided for by national legislation for its own nationals.
- Everyone has the right to associate freely for ideological, religious, political, economic, labor, social, cultural, sports, or other purposes
- Every woman has the right to the recognition, enjoyment, exercise and protection of all human rights and freedoms embodied in regional and international human rights instruments. These rights include, among others: …h. The right to freely associate.
- Everyone has the right to freedom of peaceful assembly and to freedom of association with others, including the right to form and to join trade unions for the protection of his interests.
- The Committee observes that the right to freedom of association relates not only to the right to form an association, but also guarantees the right of such an association freely to carry out its statutory activities. The protection afforded by article 22 extends to all activities of an association, and the denial of state registration of an association must satisfy the requirements of paragraph 2 of that provision.
- The Committee observes that, in accordance with article 22, paragraph 2, any restriction on the right to freedom of association must cumulatively meet the following conditions: (a) it must be provided by law; (b) may only be imposed for one of the purposes set out in paragraph 2; and (c) must be „necessary in a democratic society‟ for achieving one of these purposes. The reference to „democratic society‟ in the context of article 22 indicates, in the Committee‟s opinion, that the existence and operation of associations, including those which peacefully promote ideas not necessarily favourably viewed by the government or the majority of the population, is a cornerstone of a democratic society.
- The Committee considers that even if these and other restrictions were precise and predictable and were indeed prescribed by law, the State party has not advanced any argument as to why such restrictions would be necessary, for purposes of article 22, paragraph 2, to condition the registration of an association on a limitation of a scope of its human rights activities to the undefined issues not covered by state organs or on the existence of regional branches of „Democracy and Rights‟.
- The Committee observes that article 19 allows restrictions only as provided by law and necessary (a) for respect of the rights and reputation of others; and (b) for the protection of national security or public order (ordre public), or of public health or morals. It recalls that the right to freedom of expression is of paramount importance in any society, and any restrictions to its exercise must meet a strict test of justification.
- As to the technical requirements, the Committee notes that the parties disagree over the interpretation of domestic law and the State party‟s failure to advance arguments as to which of the numerous „defects‟ in the association‟s application materials triggers the application of the restrictions spelled out in article 22, paragraph 2, of the Covenant. Even if the application materials of „Democracy and Rights‟ did not fully comply with the requirements of domestic law, the reaction of the State party‟s authorities in denying the registration of the association was disproportionate.
- The exceptions set out in Article 11 are to be construed strictly; only convincing and compelling reasons can justify restrictions on freedom of association. In determining whether a necessity within the meaning of Article 11 § 2 exists, the States have only a limited margin of appreciation, which goes hand in hand with rigorous European supervision embracing both the law and the decisions applying it, including those given by independent courts (see, for example, Sidiropoulos and Others, cited above, § 40). That is especially so in relation to political parties in view of their essential role in “a democratic society” (see, for example, United Communist Party of Turkey and Others, cited above §§ 25, 43 and 46).
- Persons with disabilities should be enabled, freely and without discrimination, particularly of a legal, environmental and/or financial nature, to: - vote and stand for election at all levels; - have access to communication, information, procedures and facilities related to their political rights; - have equal access to public duties; - meet, join or found associations; - meet, join or found political parties; - express their opinions; - be closely consulted and actively included in the development and implementation of legislation and policies, and in other decision-making processes concerning issues that affect them.
- [Consider] signing and ratifying or acceding to the International Covenant on Civil and Political Rights and other core international human rights treaties.
- Tak[e] all necessary measures to eliminate laws, regulations and practices that discriminate, directly or indirectly, against citizens in their right to participate in public affairs on grounds of race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status, or on the basis of disability.
- Internally displaced persons, whether or not they are living in camps, shall not be discriminated against as a result of their displacement in the enjoyment of the following rights: (c) The right to associate freely and participate equally in community affairs.
- The right of association will be guaranteed. The right to form and — subject to the general right of a trade union to determine its own membership — freely to join a trade union will be guaranteed. These rights will exclude any prior control. Freedom of association for workers, including the freedom to strike, will be guaranteed, subject to limitations prescribed by law and consistent with international standards.
- [Member states should] protect and promote the equal civil and political rights of women and men, including running for office and freedom of association.
- Everyone has the right, individually and in association with others, to participate in peaceful activities against violations of human rights and fundamental freedoms.
- Tak[e] proactive measures to eliminate all barriers in law and in practice that prevent or hinder citizens, in particular women, persons belonging to marginalized groups or minorities, persons with disabilities and persons in vulnerable situations, from participating fully in effectively in political and public affairs, including, inter alia, reviewing and repealing measures that unreasonably restrict the right to participate in public affairs, and considering adopting, on the basis of reliable data on participation, temporary special measure, including legislative acts, aimed at increasing the participation of underrepresented groups in all aspects of political and public life;
- Older persons should be able to form movements or associations of older persons.
- For the purpose of promoting and protecting human rights and fundamental freedoms, everyone has the right, individually and in association with others, at the national and international levels: (a) To meet or assemble peacefully; (b) To form, join and participate in non-governmental organizations, associations or groups; (c) To communicate with non-governmental or intergovernmental organizations.
- Democracy requires, in particular, the holding, at regular intervals, of free, fair and transparent elections, based on the respect and exercise, without any hindrance or discrimination, of the right to freedom and physical integrity for every voter and every candidate, the rights to freedom of opinion and expression, especially through the press and other communications media, freedom of assembly and demonstration, and freedom of association.
- Democracy requires, in particular, the holding, at regular intervals, of free, fair and transparent elections, based on the respect and exercise, without any hindrance or discrimination, of the right to freedom and physical integrity for every voter and every candidate, the rights to freedom of opinion and expression, especially through the press and other communications media, freedom of assembly and demonstration, and freedom of association.
- SADC Member States shall adhere to the following principles in the conduct of democratic elections: Freedom of association.
- Everyone has the right to freedom of peaceful assembly and association, including for the purposes of peaceful demonstrations, regardless of sexual orientation or gender identity. Persons may form and have recognised, without discrimination, associations based on sexual orientation or gender identity, and associations that distribute information to or about, facilitate communication among, or advocate for the rights of, persons of diverse sexual orientations and gender identities.
- The sanctity of the freedom of association and expression should be protected and strictly adhered to. Relevant electoral laws and code of conduct should provide for this sanctity.
- All citizens, parties, and candidates must enjoy freedom of expression, association, assembly and movement.
- Respect for fundamental rights a. Democratic elections are not possible without respect for human rights, in particular freedom of expression and of the press, freedom of circulation inside the country, freedom of assembly and freedom of association for political purposes, including the creation of political parties.
- Therefore, taking also into account the recommendation of the Parliamentary Assembly that the restrictions at present authorised by Article 16 with respect to political activity by aliens are excluded144 , the Commission and the OSCE/ODIHR take the view that only the possibility of aliens to establish political parties can be restricted under Article 16. Nevertheless, the latter provision should not be applied in order to restrict the membership of aliens to political parties.
- Freedom of association is a prerequisite for the full enjoyment of the right to take part in government, including by forming or joining political parties.
- Non-partisan observation and monitoring of elections by citizen organizations is part of participating in public affairs, which “relates to legislative, executive and administrative powers” and “covers all aspects of public administration, and the formulation and implementation of policy….”(UNHRC General Comment 25, paragraph 5.) Non-partisan election observation and monitoring by citizen organizations exercises the right of association that is central to the functioning of nongovernmental organizations, as well as the right to seek, receive and impart information that is vital to transparency and is included in the freedom of expression protected by articles 19 of the Universal Declaration of Human Rights and the ICCPR.
- The freedom of expression, assembly and association are thus essential conditions for the effective exercise of the right to vote and must be upheld throughout the entire election process.
- Freedoms of expression, assembly, association and movement without discrimination are prerequisites for a democratic election process. For there to be an open and fairly contested campaign, it is crucial that there is opportunity for all candidates, political parties, and their supporters – regardless of whether they are in favour of incumbents or opposition – to promote their policies, hold meetings and travel around the country. The electorate should be informed on their range of choice of parties and candidates.
- Guarantees of free speech, opinion, information, assembly, movement and association take on greater significance during elections. The prevailing atmosphere should be one of respect for human rights and fundamental freedoms…
- The following conditions should exist in a country holing an election: … respect for the rights and freedoms of expression, freedom of association and freedom of assembly…
- Political pluralism is critical to ensuring effective democratic governance and providing citizens with a genuine opportunity to choose how they will be governed. Legislation regarding political parties should promote pluralism as a means of guaranteeing participation by all persons and groups, including minorities, in public life, which should also allow for the expression of opposition viewpoints and for democratic transitions of power.
- Fundamental freedoms are essential to the democratic character of the campaign period, and all political participants should enjoy the freedom of association and should be able to freely express their campaign messages and assemble with their constituents free from intimidation or hindrance. Citizens should have the right to express their political convictions freely.
- Article 22 of the International Covenant on Civil and Political Rights guarantees the right to freedom of association with others. This right has a broad scope and clearly includes the right to form and participate in political organizations.