Assessing Damage, Urging Action 2.3 Freedom of association and assembly The Panel heard many similar concerns regarding the curtailment of rights of association and of assembly in new counter-terrorism measures. Freedom of association, like freedom of speech, is guaranteed by the Universal Declaration of Human Rights and by subsequent international and regional treaties.344 Like the freedom of expression, the right to association and assembly are not absolute rights, and may be limited under specific conditions, but again the conditions of legality, necessity, proportionality and non-discrimination must be observed. The need for governments to impose certain restrictions on the freedom of association or assembly when there is a fear of violence is understandable; however, the Panel was made aware of several countries abusing this flexibility. At several Hearings, including those in Australia, East Africa, Canada, Europe, the Middle East, North Africa, the Russian Federation, South Asia, the United Kingdom, and the United States, the Panel learnt of legislation proscribing terrorist organisations, and ancillary offences targeting the provision of financial and material and other support to terrorist activities or organisations. In addition to the problem that the term “terrorism” was often ill-defined, or defined over-broadly, many objections were based on the failure of domestic legislation to comply with international principles. At the Canadian Hearing, for instance, the Panel heard that the 2001 Anti-Terrorism Act (ATA) created a number of new offences, including “facilitating” a terrorist activity, and acting for the benefit, or at the direction, of a terrorist group. One witness suggested that the formulation of the offence of “facilitation” 345 was wide enough to deter charities from supporting humanitarian work in conflict areas where armed groups, characterised as “terrorist”, operate.346 A similar point was made to the Panel at the Hearings in East Africa, South East Asia, South Asia and the Occupied Palestinian Territory. The characterisation of many groups engaged in areas of armed conflict as “terrorists”, and their activi- 344 See Article 21 of the ICCPR: “The right of peaceful assembly shall be recognized. No restrictions may be placed on the exercise of this right 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.” and Article 22 “1. Everyone shall have the right to freedom of association with others, including the right to form and join trade unions for the protection of his interests. 2. 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 or public safety, public order (ordre public), the protection of public health or morals or the protection of the rights and freedoms of others.” 345 The offence of facilitation is defined under the Anti-Terrorism Act (ATA) of Canada as follows: “83.19 (1) Everyone who knowingly facilitates a terrorist activity is guilty of an indictable offence […] a terrorist activity is facilitated whether or not (a) the facilitator knows that a particular terrorist activity is facilitated; (b) any particular terrorist activity was foreseen or planned at the time it was facilitated; or (c) any terrorist activity was actually carried out.” 346 Oral testimony by Terrance S. Carter, Carters Professional Corporation, EJP Canada Hearing. 133