Agrégateur de flux

The Palais des Nations, Geneva, Switzerland. Credit: Mathias Reding on Unsplash

By Sigrid Lipott
GENEVA, Nov 6 2026 (IPS)

 

A right under pressure

No one disputes freedom of association. It is in the Constitutions of almost every country, the Universal Declaration of Human Rights, Article 22 of the ICCPR, and in regional Articles in Europe, America, and Africa. What it has never had, at the universal level, is sincere implementation by governments.

Regional organisations and courts have filled that space in limited ways. Courts and human rights commissions have issued decisions that have not always been followed. States are left to interpret these obligations themselves for citizens and non-citizens in their jurisdiction.

Violations of the right to free association have risen 50% in two years, according to CIVICUS Monitor. The rise is not only a matter of scale. Governments are no longer relying mainly on administrative interference or political pressure to constrain civil society. They devise restrictive laws governing who can organise, on what terms, and access to resources. Restricting international funding for civil society, particularly through foreign agents’ laws, is now a global trend and poses unprecedented significant challenges. In 2025, restrictive laws affecting civic freedoms were recorded in at least 66 countries, the ninth most prevalent civic space violation worldwide.

Sigrid Lipott

The Committee is preparing to adopt General Comment No. 38 on Article 22 of the ICCPR, which guarantees everyone the right to freedom of association. General Comments are the Committee’s official interpretations of the Covenant. They clarify a right’s meaning and scope and set out how States may implement it. They serve as a reference point for national courts, litigators, and human rights institutions.

Rights and recognition for everyone

Article 22 clearly says everyone has the right to come together, but it does not specify who counts. On protest rights, General Comment No. 37 says all citizens and non-citizens hold the right, including migrants , asylum seekers, refugees and stateless people. Article 22 should follow the precedent.

Most of the world’s organising happens in grassroots movements, digital networks, and fluid conflict and humanitarian contexts, not with registered organisations. Restrictions fall hardest on those already excluded from decision-making and resources.

The article defines qualifications on national security, public order, and safeguards and rights of others. Without clarity, they have remained fluid since 1966. The Committee needs to clarify the scope.

States cannot be left to interpret the article. Amid rising authoritarianism and divisive politics impacting civic life and participatory governance, minorities and excluded people need strong freedom of association protection to defend their rights.

Registration is among the worst restrictions because authorities treat it as routine paperwork rather than a decision about whether a group may exist at all. The Committee should state plainly that registration means notifying the authorities, not asking permission, and that any procedure must be simple, quick, and free of official discretion. Organisations should not be required to comply with “national interest ” or meet disproportionate reporting demands. Penalties for administrative slip-ups should fit the offence, and only a court should be able to shut an organisation down, as a last resort.

Funding is critical for survival

Foreign agents’ laws have spread from a handful of states to dozens, with vague definitions of “foreign influence” and “political activity” that let officials choose their targets. These come with heavy reporting duties, frequent audits, and penalties ranging from fines to licence withdrawal and prison.

Other measures achieve the same effect without the label: prior approval for foreign grants, punitive taxes, or rules forcing funds through state-controlled accounts. Where foreign support is the only resource available, organisations will struggle to survive.

Funding is critical to securing freedom. The Committee should recognise the right to seek, receive and use resources from domestic, foreign and international sources, whether or not a group is registered.

Online and across borders

Groups now recruit, debate and organise online, so internet shutdowns and surveillance strike directly at freedom of association. Governments imposed a record 313 shutdowns in 2025, up from 304 the year before, according to Access Now, and people in 100 countries have lived through one since tracking began. Blanket shutdowns are disproportionate, even in conflict zones.

Governments increasingly pursue critics abroad through surveillance, harassment of relatives back home, misuse of Interpol and stripping of nationality, cutting exiles off from organisations at home. This transnational repression is also a restriction on association and should be named.

No justification without limits

In dozens of countries, counter-terrorism laws criminalise people for exercising basic freedoms. A government’s own definition of “security” cannot override its treaty obligations, and none of these grounds justifies criminalising organisations for lawful work. Emergency powers follow the same pattern.

At least 50 states restricted freedom of association during the pandemic, and many of those measures outlasted the crisis, as independent UN human rights experts warned they might. The Committee should set out categories of emergency and the limits each can justify, matching the real scale of the threat.

Enabling environment without

Governments must also create the conditions for civil society to thrive, including laws that meet international standards, access to information, a real say in decisions and lasting access to resources. A good law achieves little if officials publicly smear the groups it protects.

That means protecting people from intimidation, arbitrary arrest, smear campaigns, travel bans and reprisals for cooperating with the UN. Freedom of association cannot be separated from freedom of expression and peaceful assembly. According to the CIVICUS Monitor, just 7% of the world’s population lives in countries where these civic freedoms are broadly respected.

Building on regional courts

The European Court of Human Rights has built a rich body of case law treating freedom of association as essential to a pluralist democracy. In 2020, the EU’s Court of Justice struck down Hungary’s 2017 law on foreign-funded organisations as incompatible with freedom of association. The African and Inter-American human rights commissions have also set progressive standards.

But these rulings apply only within their regions, and even there, groups defending minority rights or exposing sensitive issues still come under attack. A universal standard would give everyone, everywhere, something to invoke.

Sixty years, one opportunity

Article 22 has waited, and the wait has had consequences. Restrictive laws survive because the standard is vague enough to accommodate them: a registration regime is presented as administration, a funding restriction as transparency, a ban as security. At the global level, nothing has tested those claims.

General Comment No. 38 can change that. It can give parliaments, courts and governments the detail they need to draft laws, interpret them and respect the limits of their power, at a moment when restrictions are spreading faster than the standards meant to contain them.

Freedom of association is a right that makes other freedoms enforceable. The Covenants turn sixty this year. At this critical juncture, the Committee must give it the clarity it deserves.

Sigrid Lipott is an international treaties specialist and the UN adviser at CIVICUS. Based in Geneva, Switzerland, she leads CIVICUS’s engagement with UN human rights mechanisms. CIVICUS is a global alliance of more than 17,000 civil society organisations and activists from 175 countries working to strengthen citizen action and defend civic freedoms worldwide.

IPS UN Bureau

 

 

 

 

Excerpt:

The UN Human Rights Committee (the Committee) will adopt its first interpretation of Article 22 of the International Covenant on Civil and Political Rights (ICCPR). It has a unique opportunity to set what the right to freedom of association requires of States. Sixty years after the UN General Assembly adopted it, that provision remains without an authoritative interpretation, while restrictive legislation tests its limits worldwide.

Zusammenfassung:

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Tharaka seed custodians pray for seeds at Kibuka shrine ahead of 2026 planting season. Credit: Isaiah Esipisu/IPS

By Isaiah Esipisu
NAIROBI, Nov 6 2026 (IPS)

As the world prepares for the 31st United Nations Conference on Climate Change (COP31) in Antalya, Türkiye, Kenya’s priorities for the negotiations are being shaped by lived experiences of communities who are on the frontline of the climate crisis.

At the recently concluded annual Tharaka Biocultural Festival in Tharaka-Nithi County, farmers gathered to showcase, exchange and celebrate traditional seeds, some which were already on the verge of extinction, and traditional foods that were celebrated by their ancestors over generations.

“This is a semi-arid region, and there were those seeds that our ancestors used to plant, which could easily survive such tough climatic conditions without fail,” said Simon Mitambo, the Chief Executive Officer at the Society for Alternative Learning and Transformation (SALT), the convener of the annual festivals.

“We have been convening these festivals every year for the past 10 years, and as a result we have been able to revive some of the most important seeds, such as the canton melon, which many young people think is a new crop because they had never seen it, yet it was one of the most important fruits in Tharaka, used to prepare Kathongo, the main staple food that fed our forefathers for generations before maize came in to interrupt those diets,” he said.

The community has also been able to revive the communal grazing system to enhance biodiversity recovery, support natural vegetation cover, and aid climate adaptation. They have also managed to recover traditional millet varieties such as Mugeeta (white millet) and pearl millet, multiple indigenous varieties of sorghum, including Mukuumbu, and local, climate-adapted cowpea varieties.

And now, civil society organisations from Kenya, through a workshop that brought Kenyan negotiators along, want such indigenous grassroots adaptation measures to be presented on the climate negotiations table in Antalya.

“Such community-led actions provide a practical pathway to climate adaptation, restoring locally adapted crops that can withstand prevailing environmental conditions and give farming communities renewed hope for reliable harvests,” said Anym Khan, the Acting Chair of the Kenya Climate Change Working Group (KCCWG) during the Pre-COP workshop.

Apart from such lived experiences, the workshop condemned the emerging new narrative observed during the Pre-COP conference in Nadi, Fiji, and the recent IPCC meeting in Addis Ababa, that due to limited resources, the available finance should focus on Least Developed Countries (LDC) and Small Island Developing States (SIDS).

“This is a dangerous narrative for our country because communities living on border lines share climatic conditions naturally, and using the borderline to determine who receives climate finance and who doesn’t is discriminative,” said Lydia Kimani, the Executive Director, Agribusiness for Africa Markets.

For example, in Busia, which is on the border of Uganda and Kenya, people living in Busia, Uganda, will be favoured because Uganda is categorised as an LDC, while those in Busia, Kenya, will miss out on such funding because Kenya is a Lower Medium Income Country (LMIC). Yet the impacts of climate change within the Busia community are exactly the same in both countries.

“We are calling on our negotiators to be so vigilant to avoid that kind of narrative in the negotiations,” said Kimani. “Let the funding continue targeting developing countries, or if the language has to change, then it should be LDC, SIDS and Africa,” she said.

Another concern is the proposal listed by the Subsidiary Body for Scientific and Technological Advice as agenda item 15, “Promoting sustainable dietary practices, reducing animal-based diets and transitioning to plant-based diets.”

“We will need to argue against that agenda item because Article 2.1b of the Paris Agreement clearly states that adaptation should happen without threatening food security,” said Michael Okumu, one of the country’s lead negotiators.

The article on adaptation and resilience states that “enhancing adaptive capacity, fostering resilience, and promoting low-emission development without threatening food production.”

According to Kimani, livestock in Kenya and the entire continent go beyond animal-based diets. “It is from our livestock that we get organic manure, which has kept our soils healthy and productive for generations,” she said.

In Tharaka, livestock, particularly goats, are considered to be very important domestic animals that support culture in terms of performance of sacred rituals; they are used during bridal ceremonies, they provide milk and meat, they are a source of income, particularly for smallholder farmers, and most importantly, they are resilient to tough climatic conditions.

Pastoral communities in the country, such as the Maasai, Borana, Rendile and Kenyan Somalis, depend on livestock entirely for their livelihoods, making it one of the most important sectors in the country and across Africa.

The team also pointed out that transition to low-emission development must address inequality, protect livelihoods and ensure that affected communities participate meaningfully in decisions.

“Energy transitions and critical-mineral extraction must not transfer environmental and social costs to local communities, while agriculture and food systems must be recognised as integral to a just transition,” observed Jacqueline Kimeu, the Senior Climate and Energy Advisor at Christian Aid.

According to the United Nations University, COP 31 must show whether political commitments can translate into more predictable, accessible and effective financial support, particularly for adaptation and countries facing the greatest climate risks.

IPS UN Bureau Report

 

 

 

 

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