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Registration of Associations
The right to freedom of association relates not only to the right to form an association, but also guarantees the right of such an association freely to carry out its activities. a requirement for registration of associations will not, by itself, violate the requirements of article 22. The examination of any such requirement will focus on the conditions imposed upon registration, and the consequences of this, as was the case in Zvozskov v Belarus. The Committee there found that, in the absence of any reasons linked to the objectives under article 22(2), it was a violation of article 22 for Belarus to require, as a condition for registration, that an association be restricted in its activities to the exclusive representation and defence of the rights of its own members.119 in Korneenko v Belarus, the Committee was concerned with the prohibition against unregistered associations and the ability of registered associations to be dissolved. Dissolution of the group Civil initiatives was based, according to Belarus, on the improper use of equipment, received through foreign grants, for the production and conduct of ‘propaganda’ materials and activities; and deficiencies in the association’s documentation. The Committee noted that the first basis was disputed and that Belarus had failed to establish how this was necessary in pursuit
117 118 Lee v Republic of Korea, Communication 1119/2002, UN Doc CCPR/C/84/ D/1119/2002 (2005), para 7.3. See also Belyatsky et al v Belarus, Communication 1296/2004, UN Doc CCPR/C/90/D/1296/2004 (2007), para 7.3. 119 Zvozskov et al v Belarus, Communication 1039/2001, UN Doc CCPR/C/88/ of any of the article 22(2) objectives. a s to the second basis, and taking into account the consequences of dissolution, it took the view that dissolution in response to deficient documentation was a disproportionate response by the State.120
Peaceful Assembly
Date: 2015-02-28; view: 1046
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