GENEVA (14 April 2020) – A UN expert today called on States not to use state of emergency declarations during the COVID-19 crisis to impose wholesale restrictions on freedom of peaceful assembly and association, and released detailed Guidelines governments and law enforcement agencies must follow to avoid human rights abuses.
"No country or government can solve this health crisis alone and I am concerned about worrying trends and limitations emerging from civil society reports around the world, including on civil society's ability to support an effective COVID-19 response," said Clément Nyaletsossi Voule, the UN Special Rapporteur on the rights to freedom of peaceful assembly and of association.
"Civil society organisations are key in helping States to frame inclusive policies, disseminate information, and provide social support to vulnerable communities in need," he said.
In his 10 Guidelines, the expert said that where new laws or regulations are adopted, any limitations on rights imposed must adhere to the principles of legality, necessity and proportionality. Free-flow of information is crucial in times of crisis and laws criminalising 'false news', including those targeting human rights defenders, must be avoided.
"It is inadmissible to declare blanket restrictions on human rights and fundamental freedoms," Voule said. "Exemptions should be foreseen for civil society actors, particularly those monitoring human rights, trade unions, social services providing humanitarian assistance, and journalists covering the management of the crisis.
"State of emergency does not halt the freedoms of peaceful assembly and of association," the human rights expert said.
Voule said his Guidelines could help States reassess measures already in place to ensure compliance with their human rights obligations and to take citizens' demands fully into account.
Mr. Clément Nyaletsossi Voule, from Togo, was appointed as UN Special Rapporteur on the right to peaceful assembly and association in March 2018. He is a lawyer and currently works in Geneva in the field of human rights. He is an associate researcher at the Geneva Academy of Human Rights and Humanitarian Law. Prior to his appointment, he led the work of the International Service for Human Rights (ISHR). Mr. Voule also worked as Secretary General of the Togolese Coalition of Human Rights Defenders, as campaigning officer for the Coalition for the Togolese International Criminal Court and as Secretary General of the Amnesty International section in Togo. Since 2011, Mr. Voule has been an expert member of the Working Group on Extractive Industries, Environment and Human Rights Violations of the African Commission on Human and Peoples' Rights.
The Special Rapporteurs are part of what is known as the Special Procedures of the Human Rights Council. Special Procedures, the largest body of independent experts in the UN Human Rights system, is the general name of the Council's independent fact-finding and monitoring mechanisms that address either specific country situations or thematic issues in all parts of the world. Special Procedures experts work on a voluntary basis; they are not UN staff and do not receive a salary for their work. They are independent from any government or organization and serve in their individual capacity.
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