UN Standards
The UN system through its declarations, resolutions, reports and treaty bodies establishes standards and implements safeguards for human rights, including civic freedoms. It provides rules and guidance for governments but also monitors and holds them to account. UN bodies procedures and documents help local CSOs and activists in their advocacy efforts to ensure compliance with the states’ treaty rights and obligations. UN standard-setting documents can also be used as powerful arguments in strategic litigation in national and international courts.
Internet shutdowns: The UN Special Rapporteur on Freedom of Association and Assembly (UNSR) is finalising a thematic report on internet shutdowns in relation to peaceful protests, which follows up from his 2019 report on freedom of assembly and association in the digital age. ECNL provided input to inform the report, which will be presented to the UN Human Rights Council (HRC) at its 47th session (June 2021).
Climate defenders: The UNSR is also working on a report to be presented at the 76th session of the UN General Assembly (September 2021) on the threats and challenges climate defenders face. ECNL assists the mandate in the drafting process through convening consultation with European climate activists and groups.
Protest during crisis situations: The UNSR is also preparing a report and set of guidelines on the protection of human rights in the context of peaceful protests during crisis situations, which was mandated to the UNSR by the resolution number A/HRC/44/L.11. The guidelines are due to be presented to the HRC at its 50th session (June 2022). ECNL contributed to the UNSR’s checklist on fundamental freedoms during public health emergencies.
New technologies: A core group of member states of the UN HRC is drafting a new Resolution on New and Emergency Technologies and Human Rights due to be voted in June-July 2021. The Advisory Committee to the HRC published a draft study on the impact of new technologies on human rights to inform the content of the upcoming Resolution. ECNL prepared an analysis of the study highlighting some gaps and engaged with the Committee to strengthen its content.
General Comment 37: In July 2020, the UN Human Rights Committee adopted the first ever General Comment 37 on Article 21, ICCPR (Right of Peaceful Assembly). We currently engage with Committee members and local partners to increase understanding of the importance and content of the Comment through preparing briefing notes and facilitating meetings between treaty members and civil society.
Norm setting
ECNL seeks to:
- Engage with key UN member states and expert bodies within the UN HRC and the UN General Assembly (UNGA) to draft and adopt resolutions that safeguard civic freedoms.
- Support treaty bodies to strengthen interpretation of fundamental freedoms and support reform and litigation by CSOs. The UN Human Rights Committee general comments on the International Covenant on Civil and Political Rights (ICCPR) are relevant and authoritative standard-setting interpretations on Member States’ positive obligations towards safeguarding fundamental rights and freedoms. For more information on the process that led to the development of General Comment 37, see here.
Awareness and guidance
ECNL aims to:
- Contribute to the Office of the United Nations High Commissioner for Human Rights (OHCHR) in preparing thematic or progress reports on the implementation of international norms and resolutions: we provided support to the OHCHR in developing Participation Guidelines, and supported the OHCHR Civic Space Unit in protecting and promoting civic freedoms, for example through participation of civil society.
- Collaborate with the UN Special Rapporteurs (UNSRs) with mandates relevant to civic freedoms, including the UNSR on peaceful assembly and association and on countering terrorism to document trends, consult with CSOs and promote their findings and recommendations.
Bringing local voices to the UN
We support the OHCHR, UNSRs and treaty bodies to organise consultations on the documents they are preparing to advance civil society access and participation in multilateral forums. ECNL brings partners to Geneva to attend sessions, but also co-organizes regional consultations offline and online to ensure that many organisations and groups can gain awareness and actively contribute to the processes.
Explainers
We develop short brochures to explain the importance of the documents, extract important findings and recommendations, and support implementation and integration of the standards in laws and practices:
- Briefers on the impact of security measures on civil society: we support the UNSR on countering terrorism with developing and disseminating useful briefers, such as the ones on counter terrorism soft law and highlighting recommendations from reports.
- ECNL Summary of Participation Guidelines: a comprehensive and easy-to-use summary of the OHCHR Guidelines for States on the effective implementation of the right to participate in public affairs.
- Briefer on the OHCHR Report on the impact of new tech on assemblies, including peaceful protests: a short summary of the OHCHR Thematic Report including recommendations to states and businesses on how to comply with international law to respect all human rights.
UN Human Rights Council Resolutions
- Peaceful protest resolution adopted in 2020
- UN Human Rights Council Resolutions on new and emerging digital technologies and human rights 2019
- UN Human Rights Council Resolution on Civic Space 2018
- UN Human Rights Council Resolutions on equal participation in political and public affairs 2018
Treaty bodies
- General Comment 37 on Article 21, ICCPR - The Right to Peaceful Assembly
- General Comment 34 on Article 19, ICCPR - Freedom of Opinion and Expression
- General Comment on Article 25, ICCPR - Right to Participate in Public Affairs
OHCHR Reports
Visit OHCHR civic space web site for detailed list of reports and statements.
- Civic Space and COVID-19: Guidance, 2020
- Civil society space: engagement with international and regional organizations, 2020
- Procedures and practices in respect of civil society engagement with international and regional organizations, 2018
- Draft guidelines for States on the effective implementation of the right to participate in public affairs, 2018
- Practical recommendations for the creation and maintenance of a safe and enabling environment for civil society, based on good practices and lessons learned, 2016
UN Special Rapporteur on Freedom of Association and Assembly Reports
Visit the mandate's web site for reports, recommendations and findings.