Freedom of Assembly
Introduction to Freedom of Assembly
Freedom of Assembly, the right of people to gather together peaceably. Freedom of assembly is related to freedom of religion and freedom of speech, as well as the right to petition (formally request) the government to change its policies. Together these rights are sometimes conceived of as a right to freedom of association-that is, the right to join with others to peacefully seek common goals without the interference of the government.
Peaceful public assembly has always been directly connected to democratic government. In ancient Athens, one of the earliest known democracies, free male citizens gathered collectively to make laws and discuss public policy. However, throughout history most governments have not been democratic. Monarchs and dictators have long been fearful of large public gatherings, which often precede the collapse of governments. Such demonstrations preceded both the overthrow of King Louis XVI of France and of Tsar Nicholas II of Russia. Totalitarian regimes often ruthlessly suppress demonstrations because of the fear that such protests will lead to revolution.
The First Amendment of the Constitution of the United States prohibits the federal government from infringing on ‘the right of the people peaceably to assemble.’ The Fourteenth Amendment to the U.S. Constitution, adopted in 1868, similarly limits U.S. state governments. The Canadian Charter of Rights and Freedoms, adopted in 1982, declares that “freedom of peaceful assembly” is a fundamental freedom possessed by everyone in Canada. ” (1)
Freedom of Assembly in Election Law
Right for all candidates and political parties to campaign freely without unreasonable restriction, hold meetings and travel freely. It also requires that voters should be free to participate in the electoral campaign, attend political rallies and meet to debate and share ideas.
Freedom of Assembly and Association in 2011
United States views on international law (based on the document “Digest of U.S. Practice in International Law”): In June, at the 17th Session of the Human Rights Council, the United States joined in a decision to convene a panel discussion at the 18th session on “promotion and protection of human rights in the context of peaceful protests.” U.N. Doc. No. A/HRC/RES/17/120. The panel was held at the 18th session in September. At that session, Ambassador Donahoe delivered a statement for the United States delegation urging governments to protect the right to peaceful protests:
Developments
As we have witnessed the dramatic events unfolding in parts of North Africa and the Middle East, we again call upon governments to promote and protect human rights in the context of peaceful protests—thus honoring obligations that are clearly reaffirmed as universal in the [Vienna Declaration and Program of Action]. We are deeply troubled by the continued use of violence by some governments to quash universal rights to freedom of expression and peaceful assembly. We strongly condemn brutal methods of silencing dissent, which include shooting unarmed peaceful demonstrators and the use of torture. We encourage all states to renew their commitments to upholding the human rights and fundamental freedoms of all people.
Details
Ambassador Donahoe’s statement is available in full at (internet link) geneva.usmission.gov/2011/09/27/vdpa-item18/.
Freedom of Assembly and Association Generally in 2013
United States views on international law [1] in relation to Freedom of Assembly and Association Generally: On September 13, 2013, Ambassador Donahoe delivered the statement on behalf of the U.S. delegation at the general debate on promotion and protection of all human rights at the 24th session of the HRC. Her statement is excerpted below and available in full at (link resource) geneva.usmission.gov/2013/09/13/freedom-of-assembly-and-association-isinextricably-linked-to-other-fundamental-freedoms/.
Some Aspects of Freedom of Assembly and Association Generally
It is with great pride that the United States once again lends its support to the resolution on the freedoms of peaceful assembly and of association, and we are pleased to join our cross-regional partners, including the Czech Republic, Indonesia, Lithuania, the Maldives, Mexico, and Nigeria, in introducing this resolution. The special rapporteur Maina Kiai has proved to be a strong, independent, and credible voice highlighting the need to protect these freedoms, while also promoting best practices and providing technical assistance to governments. Adopting another resolution on this topic is important so the Council can maintain the important work of the special rapporteur and reaffirm a basic truth: civil society plays a pivotal role in promoting and protecting human rights, but can only do so when the universal rights of freedom of peaceful assembly and of association are protected. Democratic progress demands political participation through the exercise of the freedoms of peaceful assembly and association. We have seen time and time again the benefits that a vibrant civil society can inspire, including greater economic prosperity, societal innovation, and ethnic and religious harmony. Governments that violate freedoms of peaceful assembly and association put their societies at risk of economic stagnation, poverty, inflamed ethnic, racial, or religious tensions, broad unrest and violence, and other serious problems. Furthermore, the freedoms of peaceful assembly and of association are inextricably linked to other fundamental freedoms, including freedom of expression and freedom of religion or belief. Citizens must be free to come together to advocate for change, express support, address community needs, and, most importantly, remind governments that they derive their authority from the will of the governed. Strong civil society also fosters transparent and accountable government.
Developments
Finally, we have witnessed continued violations of freedoms of peaceful assembly and of association. We have seen governments restrict civil activism and attack civil society organizations with impunity. These assaults frequently accompany periods of political turmoil or changes in power. The voice of civil society, as a reflection of the will of the people, should be heard most clearly during these transition periods. Unfortunately, it is during these times that freedoms of peaceful assembly and of association are most threatened.
Details
On September 26, 2013, Ambassador Donahoe again addressed the 24th session of the HRC to introduce a resolution on the rights to peaceful assembly and association. The resolution on freedom of assembly and association was adopted without a vote on September 26, 2013. U.N. Doc. A/HRC/RES/24/5. Ambassador Donahoe’s statement is excerpted below and available at (link resource) geneva.usmission.gov/2013/09/26/u-s-introducesresolution-on-rights-to-freedom-of-peaceful-assembly-and-association/.
More
Civil society organizations and related associations are facing an ongoing assault around the world. On the margins of the UN General Assembly earlier this week, President Obama and numerous like-minded government leaders, as well as the UN, foundations, and civil society organizations met to voice their concern about the global deterioration in the environment for civil society and agreed to take additional steps to address it. To that end, they noted in particular the importance of the mandate to be extended by the resolution we would like to introduce today, resolution A/HRC/24/L.7 “The rights to freedom of peaceful assembly and of association.” We direct you to the oral revision that has been circulated.
More
We present this resolution for adoption along with the Czech Republic, Indonesia, Lithuania, the Maldives, Mexico, and Nigeria, and 60 co-sponsors including Angola, Botswana, Brasil, Egypt, Guatemala, Libya, Macedonia, Moldova, New Zealand, Panama, Republic of Korea, San Marino, Senegal, Serbia, Togo, and Uruguay. The resolution’s purpose is to support the work of the Special Rapporteur on these rights. This resolution extends his mandate and marks the third specific resolution on this issue. We want to thank our core-group for their hard work on this text and for continuing to emphasize the importance of this issue in the Human Rights Council. Three years ago, we joined Council colleagues in supporting the creation of a new special rapporteur on these rights. Now we present an extension of his mandate in order to continue the vital work he has undertaken on this issue. In May of this year we welcomed the Special Rapporteur’s annual report, which focused particularly on the undue restrictions relating to funding of associations and holding peaceful assemblies. We also look forward to the presentation of his report before the UN General Assembly on October 29, which will focus on elections, and highlight the importance of protecting the rights of freedom of peaceful assembly and of association, particularly during the time before, during, and after an election.
Freedom of Assembly and Association Generally in 2013 (Continuation)
United States views on international law [1] in relation to Freedom of Assembly and Association Generally: We bring this resolution before the council to reaffirm the necessity of the protection of such rights and to encourage countries around the world to engage with the Special Rapporteur. The resolution, among other provisions, calls upon states to cooperate fully with the Special Rapporteur in the performance of his mandate, to respond promptly to his urgent appeals and other communications, and to consider favorably his requests for visits. Finally, we would like to re-affirm that the strength and vibrancy of nations depend on an active civil society and robust engagement between governments and civil society to advance shared goals of peace, prosperity, and the well-being of all. We note our deep concern that many governments are restricting civil society and the rights of freedom of association and expression, both online and offline.
More about Freedom of Assembly and Association Generally
We look forward to working with other Council members in the upcoming year on the rights to freedom of peaceful assembly and of association and we urge the Council to adopt this resolution by consensus.
Freedom of Assembly and Association
In relation to the international law practice and freedom of assembly and association in this world legal Encyclopedia, please see the following section:
Human Rights
About this subject:
Freedom of Assembly and Association Generally
Note: there is detailed information and resources under these topics during the year 2013, covered by this entry on freedom of assembly and association in this law Encyclopedia.
Resources
See Also
- International Human Rights
Resources
Notes
- Freedom of Assembly and Association Generally in the Digest of United States Practice in International Law
Resources
Notes
- Freedom of Assembly and Association Generally in the Digest of United States Practice in International Law
Resources
See Also
- Election Law
- Electoral Laws
- Electoral Legislation
Resources
Notes and References
- Information about Freedom of Assembly in the Encarta Online Encyclopedia
Guide to Freedom of Assembly
Freedom of Assembly In Other Countries
Introduction to Freedom of Assembly
Mass demonstrations occur in most democracies and governments view these gatherings as a way for groups to express their support or displeasure for public policy. While sometimes violent, demonstrations in such countries as Britain, Germany, France, Israel, and Japan form an accepted part of the political culture. Sometimes mass demonstrations do not target governmental policy but simply express the sentiments of the people. For example, in the late 1990s in Germany hundreds of thousands of citizens marched to protest the rise of racism and anti-Semitism in that country.
In contrast, most totalitarian governments orchestrate public gatherings to demonstrate enthusiasm for the regime. For example, in the late 1930s German dictator Adolf Hitler organized huge rallies and torchlight parades in numerous German cities to generate support for his policies. Other demagogues, including Italian dictator Benito Mussolini and Chinese leader Mao Zedong, have similarly utilized the power of mass gatherings.
Conversely, totalitarian governments have almost universally prohibited mass demonstrations that oppose official policies. Leaders of nondemocratic countries remain in power through a combination of force and the public’s acceptance of the status quo. Demonstrations in totalitarian countries that are not orchestrated by the government tend to undermine the authority of the leadership. Consequently, such gatherings are often suppressed. For example, in 1989 the Chinese government used soldiers and tanks to disperse pro-democracy demonstrators in Beijing during the Tiananmen Square Protest. ” (1)
Resources
Notes and References
- Information about Freedom of Assembly in the Encarta Online Encyclopedia
Guide to Freedom of Assembly
Freedom of Assembly in Constitutional Law
From the Comparative Constitutions Project: The right of people to gather together peacefully in public, whether for political, religious, or personal reasons.
Hierarchical Display of Freedom of assembly
Law > Rights and freedoms > Political rights
Freedom of assembly
Concept of Freedom of assembly
See the dictionary definition of Freedom of assembly.
Characteristics of Freedom of assembly
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Resources
Translation of Freedom of assembly
- Spanish: Libertad de reunión
- French: Liberté de réunion
- German: Versammlungsfreiheit
- Italian: Libertà di riunione
- Portuguese: Liberdade de reunião
- Polish: Wolność zgromadzeń
Thesaurus of Freedom of assembly
Law > Rights and freedoms > Political rights > Freedom of assembly
See also
- Right of public meeting
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