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Freedom of Association in EUROPE

Recommendations

We call upon:

- The United Nations and European Union bodies:

To ensure the implementation of the ECRI Recommendation no.8: “Legislation and regulations, including legislation and regulations adopted in connection with the fight against terrorism [should be] implemented […] in a manner that does not discriminate against persons or groups of persons, notably on grounds of actual or supposed “race”, colour, language, religion, nationality, national or ethnic origin; […] particular attention [must be paid] to guarantee in a non discriminatory way the freedoms of association, expression, religion and movement”.[1]
To amend the procedure of the inclusion of a terrorist entity on a ‘blacklist’ of organisations suspected of terrorism; such a list must be decided and updated by means of independent and impartial judicial scrutiny and after due hearing of the parties; inclusion in the list should be subject to effective legal remedy.
To adopt a general comment on the rights to freedom of association and peaceful assembly in the framework of the fight against terrorism, in accordance with the recommendations of the UN Special Rapporteur on the Promotion and Protection of Human Rights and Fundamental Freedoms while countering terrorism (A/61/267, p. 22).

- The Governments of European Union member states:

To effectively implement and respect the United Nations Declaration on Human Rights Defenders, in particular article 1 : “Everyone has the right, individually and in association with others, to promote and to strive for the protection and realization of human rights and fundamental freedoms at the national and international levels”.
To not “resort to derogation measures with respect to the rights to freedom of assembly and association […] the measures limiting these rights provided for in ICCPR are sufficient to fight terrorism effectively.” (UN Special Rapporteur on the Promotion and Protection of Human Rights and Fundamental Freedoms while countering terrorism, A/61/267, p.7).
To define clearly, precisely and as narrowly as possible the scope of application of any counter-terrorism measures which could infringe, directly or indirectly, on associations’ activities, in order to fully respect the principle of rule of law and fundamental human rights, as well as to avoid affecting non-terrorist groups or persons who have not directly participated in a terrorist act.
In the case of a finding of a violation of article 11 of the ECHR by the European Court of Human Rights, to implement the decision fully and without delay, including, if required, by immediately allowing registration of the association concerned.

[1] ECRI general policy recommendation on ‘Combating Racism while Fighting Terrorism, ECRI (2004) 26, 17 March 2004

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