CIVICUS discusses the state of civic space with Gina Romero, United Nations (UN) Special Rapporteur on the rights to freedom of peaceful assembly and of association.

In her first report as rapporteur, Romero highlights the harmful effects of the growing stigmatising rhetoric against civil society. The report warns that this trend could lead to an increase in human rights violations and impunity, and an erosion of civic space and democracy. It urges governments to take steps to fulfil their obligation to create an environment that protects and promotes the exercise of fundamental civic freedoms.

What are the obligations of states regarding freedoms of association and peaceful assembly?

According to article 20 of the Universal Declaration of Human Rights and articles 21 and 22 of the International Covenant on Civil and Political Rights, everyone has the right to freedom of association and peaceful assembly. States must refrain from interfering with the exercise of these freedoms and also ensure they can be exercised without hindrance or discrimination.

Informal or unregistered groups also have the right to exist, define their objectives and take action to achieve them, seek and manage resources and determine their internal rules and structures. Registration procedures and requirements for the operation of organisations must be transparent, non-discriminatory, accessible, quick and inexpensive.

The state must also facilitate the conduct of peaceful assemblies through systems of notification rather than authorisation, and must remain neutral with regard to their content. Assemblies, whether face-to-face or online, stationary or mobile, should be able to take place at any kind of site – public or private, enclosed or open – and in any form, whether they be processions, demonstrations, sit-ins, marches, vigils and so on, with the presumption that they are peaceful, even if they involve isolated acts of violence. International standards prohibit the use of firearms to disperse assemblies and the use of torture and cruel, inhuman or degrading treatment, including the indiscriminate use of so-called ‘less lethal’ weapons.

Any restrictions on freedoms of assembly and association must be based on the principles of legality and non-discrimination, be necessary and proportionate to the interests they seek to protect and balance the potential harm against the benefits.

Why is the rise of stigmatising rhetoric about civil society alarming?

Hostile narratives and stigmatisation create a vicious cycle because they legitimise repression and the imposition of restrictive laws, which in turn reinforce the same stigmatising narratives. The cycle begins when a powerful actor vilifies those who criticise them, monitor them or express opposing interests, treating them as enemies, traitors, spies, foreign agents or terrorists. The state then changes laws to criminalise their actions or uses extra-legal means to persecute them. Persecution, legal harassment and the imposition of penalties in turn reinforce the stigmatising narrative.

This cycle shrinks civic space and puts activists and human rights defenders at risk, particularly those belonging to excluded groups such as women, young people, LGBTQI+ people, Indigenous people and members of ethnic and religious minorities.

Who are the main targets and what are the possible consequences?

The main targets of hostility are those who criticise the government or economic powers, particularly those who promote the rights of ethnic and religious minorities, women’s rights, including sexual and reproductive rights, and LGBTQI+ rights, those who defend environmental and Indigenous peoples’ rights, those who promote peace and transitional justice and those who fight for the rule of law, human rights, democracy and transparency, and against corruption and electoral irregularities.

Stigmatisation also affects children and young activists working on environmental and social justice issues, as well as students and, more recently, participants in Palestine solidarity protests. In various contexts, trade unions and labour rights associations are also targets of stigmatisation.

The consequences are serious. The most extreme is violence – physical, sexual, psychological and emotional. But attacks also affect the families of those attacked, including minors and older people. They also have a silencing and self-censorship effect that profoundly weakens democracy.

How can civil society be supported in the face of these attacks?

One way to support civil society is to promote greater understanding of the right to protest, as the UN Human Rights Council does through resolutions on the right to peaceful protest and civil society does through numerous campaigns and petitions such as Protect the Protest and Free to Protest. It is also important to create a narrative that strengthens public support for democracy and human rights. There are many such campaigns, such as Defend Democracy and Faith for Rights.

It is essential to monitor human rights abuses, as the CIVICUS Monitor does, and to raise community awareness of the impact of stigmatising narratives by collecting human stories that illustrate these impacts. Human rights defenders and institutions must learn to tell better stories to inspire more people to express solidarity and support for those whose rights are attacked. Campaigns such as Stand As My Witness and Help Set Them Free are good examples of this.

It is also essential to create safe spaces for dialogue and civil society participation, particularly in multilateral organisations, as the UNMute Civil Society campaign demands.

States must condemn harmful rhetoric and promote alternative narratives, encourage inclusive dialogue in decision-making, ensure legal frameworks are in line with international standards and raise awareness of the historical achievements of human rights movements.

The international community must call for the strengthening and implementation of international and regional normative frameworks. It must also publicly and timely condemn the stigmatising rhetoric used to attack civil society and peaceful protesters, and use diplomatic pressure to counter it. And it must provide funding and support to mitigate its effects.