RSI advises UN Human Rights Committee on its draft General Comment No. 38 (freedom of association)
18th June 2026
Today, RSI submitted recommendations to the UN Human Rights on its draft General Comment No. 38, on the Article 22 right to freedom of association.
RSI told the Committee that the draft General Comment generally provides both an accurate and rights-protecting interpretation of the right to freedom of association under international law. However, there remain areas in which additions, refinements and clarifications are required to future-proof the International Covenant on Civil and Political Rights (ICCPR) against the widest possible range of unnecessary interferences with the Article 22 right. RSI recommends that the Committee:
- Give greater attention to the harms that result from a state’s arbitrary or discriminatory labelling or designation of an association as ‘extremist’ or ‘terrorist’, and to the harmful consequences of such labelling;
- Recognise associations that organise or take part in non-violent protests as among the organisations that require additional protection;
- Recognise the distinct harms caused by data brokers in collecting, collating and sharing data with police, intelligence services and other government actors;
- Recognise the ‘chilling effect’ as a distinct harm to the Article 22 right;
- Note that states may violate the Article 22 right when they are complicit in another state’s violation of that right; and
- Couple the right to a remedy with an obligation of transparency.
For more information, see the full submission below.