Background

In her first report to the UN General Assembly, the UN Special Rapporteur on the rights to freedom of peaceful assembly and of association, Ms. Gina Romero, will examine global patterns and trends in the spread of negative and stigmatizing narratives against civil society and activists.

There is evidence of a growing tendency for various actors, including Governments in different regions and in established democracies, to use narratives that stigmatize civil society and activists. Such narratives disseminated in public discourse are often used as a justification for the adoption of restrictive laws or policies and to clamp down on dissent. Furthermore, stigmatization of protests and social movements can lead to serious human rights violations, including the unlawful use of force and deaths.

The issue of stigmatization as a tool to silence critical voices, suppress protests, justify repression and evade accountability, has been consistently documented and raised by her predecessor in numerous thematic reports and communications to States. Civil society actors and activists have been increasingly labeled as a threat to national security and development, being anti-patriotic, undermining national sovereignty, “terrorists” or “violent extremists”, “spreading immorality” and other derogatory terms, aimed to vilify and smear them.

In the current context of increased militarisation, increased threats to peace and security, and critical environmental threats, there is an indication that these narratives have significantly increased and spread, and are creating a hostile environment and chilling effect for public participation in national and global fora and debates. As it is evident, in many contexts, the emergence of negative narratives targeting association or assembly rights marks strong democratic setbacks and the beginnings or cementing of autocratic paths, which seriously undermine the exercise of many other rights.

To ensure that the rights to freedom of peaceful assembly and of association can continue to be effectively exercised and be an avenue for facilitating participation of affected communities, activists and human rights defenders in critical debates, and for enabling the fulfilment of other rights, it is essential to prevent and counter the emergence and spread of these narratives.

With the upcoming “Summit of the Future”, which will be hosted by the UN General Assembly on 22-23 September 2024, this report will provide an important opportunity for reflection and for seeking solutions to counter negative and stigmatizing narratives. Ensuring meaningful participation of social movements, civil society and citizens is crucial for the effective implementation of the global commitments related to the UN Charter, the Universal Declaration of Human Rights and the 2030 Agenda for Sustainable Development.

Objectives

The information collected will inform the thematic report by the Special Rapporteur on the rights to freedom of peaceful assembly and association, which will be presented at the UN General Assembly 79^th session in October 2024.

The report aims at identifying and analyzing the emergence and dissemination of negative narratives that stigmatize social movements, civil society and activists. It will assess their impact on civic space, on citizen participation in critical debates, on the realization of other rights, and on the effectiveness and sustainability of any pact for the future. Additionally, the report could further serve as a basis for establishing early warning strategies to counter such narratives in order to prevent democratic and rights backsliding. The report will further provide recommendations for how national and international actors, including the UN, can prevent and counter negative narratives.

Key questions and types of input sought

Member States, Civil Society actors, National Human Rights Institutions and academics are encouraged to submit inputs with regards to the following questions, focusing on specific ongoing/increasing and emerging stigmatizing narratives impacting civil society and public participation in critical debates at national, regional and international level; and to provide examples of some good practices, strategies and recommendations of preventing countering such narratives.

A. Questions for Civil Society, NHRIs and academics:

1. What are the narratives in the public domain in your country which you think are impacting the exercise of the rights to freedom of peaceful assembly and of association? Please provide concrete examples of such narratives (including the explicit harmful/stigmatising narratives and those who have such effect).
   1. Who have been the main targets of such harmful/stigmatising narratives in your country (those promoting specific rights, exercising the right to protest, dissent, etc)?
   2. Who are the main actors generating harmful narratives against civil society, human rights and those exercising their rights to freedom of assembly and of association in your country?
   3. What are the paths of spreading such narratives in your country – what has been the role of companies, including tech companies, media, other actors and groups?

2. What do you think are the key factors (national, regional, international) contributing to the creation and spread of such negative narratives targeting activism, civil society, social movements and freedoms in your country?

   How are these narratives linked to restrictive laws, policies and regulations in your country impacting the freedom of peaceful assembly and association rights? Please provide examples.

3. How have stigmatising/negative narratives impacted on the exercise of the rights to freedom of peaceful assembly and of association in your country?
   1. Have you/your organisation/or activists, associations or communities you are working with/know of, been directly or indirectly impacted by the spread of such narratives and how?
   2. Please provide as much details as possible, such as how this has impacted the organisations’ access to resources (human, financial, etc), their operations and interactions with beneficiaries, cooperation/engagement with authorities, other stakeholders, donor community, regional and international actors, including with the UN?
   3. What has been the specific impact (if any) on CSOs and activists working on issues concerning marginalised groups, indigenous peoples, women’s rights, gender identity, among others?
   4. Please provide as much details as possible, such as how this has impacted the ability of communities to gather and work together, participate in decision-making, oversee public action, organise or participate in peaceful assemblies, among others.
4. How stigmatising narratives impact the meaningful public inclusion and participation in public affairs and in discussions on critical matters, including civil society and social movements’ access to multilateral forums?
5. Regarding the CSOs work and the peaceful protest movements calling for a ceasefire and the protection of Palestinians’ human rights:
   1. What have been the implications of the public rhetoric on peaceful protests, social movements and civil society work in solidarity of, or in support of Palestinians’ human rights and ceasefire in Gaza?
   2. How did the rhetoric stigmatising pro-Palestinian CSOs and activism impact the rights to freedom of peaceful assembly and association in general in your country/area of work?
   3. How can this rhetoric be countered in order to protect the freedom of assembly and association of those working to protect Palestinians’ human rights and advance peace and justice in the context of the war in Gaza?
6. What measures should be put in place to protect civil society and those exercising their rights to freedom of assembly and of association against stigmatisation? Can you identify concrete examples of positive narratives that manage to neutralise stigmatisation or protect civil society, social movements, and the exercise of association and assembly rights?
7. What can States and other actors do – companies, donors, regional actors, international community - to create and support counter narratives, and to reverse stigmatisation?

B. Questions for States

1. How do you assess the perceptions in your country, and what concrete initiatives has your Government taken to counter any stigmatization and enable through law and practice the following:
   1. The participation in public affairs and decision-making processes beyond elections.
   2. The work of non-governmental organizations, civil society, and rights movements (including foreign-funded) at both the national and international levels. Please provide details and concrete examples.
   3. The exercise of the rights to freedom of peaceful assembly and of association, including on issues that may be seen as critical of the government and its policies. Please provide details and concrete examples.
   4. The forming and joining of unions and their actions, including their right to strike. Please provide details and concrete examples.
   5. The activism, advocacy and projects implementation to advance: i) gender equality and other women's rights, ii) protection against violence and discrimination based on sexual orientation and gender identity, iii) protection against racism and advance in the rights of persons belonging to national, ethnic, religious and/or linguistic minorities, iv) rights of people of African descent and of indigenous peoples, v) climate change and other environmental agendas, vi) peace building, truth, reconciliation, memory and other related agendas, among others. Please provide details and concrete examples as relevant.
2. What has been the response of your Government in relation to the activism in support of Palestinians’ human rights, supporting ceasefire in Gaza and accountability for international criminal law violations against Palestinians (if such activities have taken place in your jurisdiction)? What measures have your Government taken to counter stigmatization in the context of these protests, including with regards to any specific measures taken by the authorities in response to these protests?
3. How do you ensure that definitions and other provisions included in laws, regulations and policies aimed at regulating freedom of association and/or peaceful assembly in your country, do not have a stigmatizing effect towards citizens’ participation in public affairs, advocacy by NGOs, civil society, and social movements? What safeguards are provided to ensure these measures do have stigmatising effect on civil society, associations and activists? Do you have any means in place to monitor and address harmful stigmatizing impacts?
4. Please provide information on what you consider to be good practices for countering stigmatization and promoting and protecting the rights to freedom of peaceful assembly and of association in laws and policies, such as concerning promoting transparency, countering terrorism and violent extremism, other security and peace-related issues, and climate justice issues, at national, regional and international level?
   1. How do you ensure broad public consultations and meaningful engagement of civil society, human rights defenders, and those representing vulnerable and marginalized people, as well as social movements and communities, in the development of such policies and laws?
   2. What processes exist in your country for conducting inclusive impact assessment to ensure that through their implementation policies and laws do not create stigmatizing effects on those exercising the rights to freedom of peaceful assembly and association?
5. What measures has your Government taken to protect civil society and activists from stigmatisation and to counter stigmatising narratives, including by public officials and those with position of authority, including at Government, law enforcement agencies, the media? What has been the role of civil society in devising these measures?
   - Please provide concrete examples which you consider are good practices.
6. What measures have your Government taken to address stigmatisation of civil society, activists, environmental defenders, social movements, by businesses, including tech companies?