47
agreements existed with civil organizations representing the rural workers to provide
families in the settlements with the services of human rights defenders, community services
and legal assistance, in addition to the participation of those organizations in “specific
discussion mechanisms to develop programs relating to the agrarian reform policy,” as well
as policies to combat violence in rural areas.
*
*
*
169. Article 15 of the American Convention recognizes the right of peaceful assembly,
without arms; while freedom of association, embodied in Article 16 of the Convention
establishes the right of assembly and is characterized by authorizing individuals to create or
take part in entities or organizations in order to act collectively to achieve very diverse
purposes, provided they are legitimate. Contrary to freedom of association, the right of
assembly does not necessarily involve the creation of or participation in an entity or
organization, but can be expressed in a sporadic meeting or assembly for very diverse
purposes, while it is peaceful and in keeping with the Convention. In view of the foregoing,
and considering that the arguments of the parties in this case refer principally to
restrictions imposed by the State on the freedom of association of the members of COANA
and ADECON that were possibly unjustified, the Court will proceed to examine exclusively
whether the State violated the right embodied in Article 16 of the Convention to the
detriment of the victims.
170. The Court has indicated that Article 16(1) of the American Convention establishes
that anyone who is subject to the jurisdiction of a State Party has the right to associate
freely with other persons, without an intervention of the public authorities that restricts or
obstructs the exercise of the said right. This then is the right to assemble in order to seek
the common achievement of a lawful purpose, without pressure or interference that could
alter or distort this purpose.153
171. In addition to the said negative obligations, the Inter-American Court has observed
that freedom of association also “gives rise to positive obligations to prevent attacks
against it, to protect those who exercise it, and to investigate violations of this freedom.”
These positive obligations must be adopted even in the sphere of relations between
individuals, when necessary.154
172. In the instant case, according to the Commission and the representatives, the
alleged violation of freedom of association was related to the work of the promotion and
defense of the human rights of rural workers. In this regard, as this Court has
emphasized,155 States have the obligation to facilitate the means for human rights
defenders to carry out their activities freely, to protect them when they are threatened in
order to avoid attempts against their life and personal integrity, to abstain from imposing
obstacles that obstruct their work, and to investigate seriously and effectively any violations
perpetrated against them, combating impunity.
153
Cf. Case of Baena Ricardo et al., supra note 46, para. 156; Case of Cantoral Huamaní and García Santa
Cruz v. Peru. Preliminary objection, merits, reparations and costs. Judgment of July 10, 2007. Series C No. 167,
para. 144, and Case of Kawas Fernández, supra note 35, para. 143.
154
Case of Huilca Tecse v. Peru. Merits, reparations and costs. Judgment of March 3, 2005. Series C No. 121,
para. 76; Case of Cantoral Huamaní and García Santa Cruz, supra note 153, para. 144 and Case of Kawas
Fernandez, supra note 35, para. 144.
155
Case of Nogueira de Carvalho et al. v. Brazil. Preliminary objections and merits. Judgment of November 28,
2006. Series C No. 161, para. 77; and Valle Jaramillo et al. v. Colombia. Merits, reparations and costs. Judgment
of November 27, 2008. Series C No. 192, para. 91, and Case of Kawas Fernandéz, supra note 35, para. 145.
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