The premise of this third survey of the state of freedom of association in the Euro-Mediterranean region is that freedom of association constitutes a right that is absolutely essential, along with freedom of expression, to the exercise of virtually every other civil and political right, and to the advancement of economic, social and cultural rights. Without freedom of association effective participation in public affairs is impossible. The ability to defend and promote human rights is contingent on the ability to exercise the right to freedom of association.
Without freedom of association, peaceful politics is impossible.
The grounding of the right to freedom of association is Article 22 of the International Covenant on Civil and Political Rights (ICCPR). “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,” Article 22 begins. “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.”
It is most regrettable, then, to have to report that the period since the last EMHRN survey, in December 2008, has seen little or no improvement in the state of freedom of association in any country in the Euro-Mediterranean region, and in some respects continued deterioration of the ability to exercise this right. In virtually every country covered here, there are thousands of associations, a great many of them charitable in nature, and for the most part these organizations do not experience problems with the authorities unless they are affiliated, or suspected of being affiliated, with opposition political movements. The hand of the government as a general rule is heaviest, in terms of legal restrictions and official harassment, when it comes to human rights organizations as well as other groups advocating for changes that can affect the exercise of political power, including the power of security services.