example, to prepare for policing operations and carry out risk assessments – as
well as after the assembly has finished in order to tackle possible shortcomings that
have been identified and to ensure that any misconduct by public officials during
the assembly is appropriately addressed. Furthermore, the authorities are encouraged to work together with human rights defenders who carry out independent
assembly monitoring when training law enforcement and other relevant officials.
They are also encouraged to facilitate the international monitoring of assemblies
by organizations such as ODIHR.
181. To increase public accountability for both organizers of assemblies and law enforce-
ment officials, participating States should ensure that the media have full access to
assemblies in order to facilitate independent coverage.264 As the OSCE Representative on Freedom of the Media has pointed out, “uninhibited reporting on demonstrations is as much a part of the right to free assembly as the demonstrations are
themselves the exercise of the right to free speech”.265
F. Freedom of association and the right to form, join and participate effectively
in NGOs
182. According to Article 20 of the UDHR, “everyone has the right to freedom of peace-
ful assembly and association” and “no one may be compelled to belong to an association”. Article 22(1) of the ICCPR stipulates that “everyone shall have the right
to freedom of association with others, including the rights to form and join trade
unions for the protection of his interests”. Article 11(1) of the ECHR contains a
similar provision, according to which “everyone has the right to freedom of peaceful assembly and to freedom of association, including the right to form and to join
trade unions for the protection of his interests”. Article 8 of the International Covenant on Economic, Social and Cultural Rights (ICESCR) also guarantees the right of
all individuals to form trade unions and join the trade union of their choice, in order
promote and protect their economic and social interests. According to Article 16
of the ACHR, everyone has the right to associate freely “for ideological, religious,
political, economic, labor, social, cultural, sports, or other purposes.” Article 7 of
the FCNM provides for the right of individuals belonging to a national minority to
freedom of association. Article 17(2) of the FCNM further stipulates that the parties to the treaty undertake “not to interfere with the right of persons belonging to
national minorities to participate in the activities of non-governmental organizations, both at the national and international levels.” Article 5 of the UN Declaration
on Human Rights Defenders reaffirms that, for the purpose of promoting and protecting human rights and fundamental freedoms, everyone has the right to form,
join and participate in non-governmental organizations, associations or groups.
264 Ibid. para. 101(f)(ii).
265 OSCE Representative on Freedom of the Media, Special Report, “Handling of the media during political
demonstrations, Observations and Recommendations”, 21 June 2007, <http://www.osce.org/fom/25744>. For
more details on the role of media in connection with monitoring assemblies see also OSCE/ODIHR-Venice Commission Guidelines, pages 97-100.
Guidelines on the Protection of Human Rights Defenders
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