– Freedom of Expression, Assembly and Association International human rights law and regional human rights instruments recognise the rights to freedom of expression, assembly and association. 88 Together, these rights form a cornerstone of democratic society, protecting the right to impart and to receive information and ideas both individually and collectively. 89 While States may derogate from such rights in times of emergency, their capacity to do so is not unlimited. The ICCPR, for example, permits derogations only in the context of incitement to war or hatred, national security, and the maintenance of public order, health and safety. 90 Freedom of expression, assembly and association are of fundamental importance to people of diverse sexual orientation and gender identity as they facilitate participation and recognition within the body politic, as well as access to information about their rights within the community. Such rights are also crucial in supporting human rights defenders promoting the rights of lesbian, gay, bisexual and transgender people. They are also fundamental to the success of governmental and community programs that promote and support basic human rights such as the rights to employment, education and health. Within the Asia Pacific region, police and security forces, as well as religious and community groups have sought to limit the ability of lesbian, gay, bisexual and transgender people to enjoy such rights particularly through the use of laws dealing with public order, public nuisance and public morality, but also through harassment and intimidation. TOR 5 – Human Rights Defenders Term of reference 5 asks the ACJ to consider whether the law, policy and practice in a State is adequate to ensure the protection of the rights of persons and organisations that defend the human rights of persons of diverse sexual orientation and gender identity. – Introduction The role of human rights defenders is expressly recognised in Article 18 of the UN Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognised Human Rights and Fundamental Freedoms. The Declaration states that individuals, groups, institutions and NGOs have both an important role and a responsibility in contributing to the promotion of the right of everyone to a social and international order in which the rights and freedoms set forth in the Universal Declaration of Human Rights and other human rights instruments can be fully realised. 91 88 Universal Declaration of Human Rights, Art 19 and 20; the International Covenant on Civil and Political Rights, Art 19, 21 and 22; the International Covenant on Economic, Social and Cultural Rights, Art 8; the International Convention on the Rights of the Child, Art 13 and 15; the African Charter on Human and Peoples Rights, Art 19 and 20; the American Convention on human Rights, Art 19, 20; and European Convention on Human Rights, Art 19 and 20; and in the Asia Pacific region, the Arab Charter on Human Rights, Art 24 and 32 89 United Nations Human Rights Committee. Boris Zvozkov and Others v. Belarus. Communication No. 1039/2001 para 7.2 90 Refer ICCPR art 4, 19 and 20 91 Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognised Human Rights and Fundamental Freedoms. A/RES/53/144, 8 March 1999. Available at: www2.ohchr.org/english/issues/defenders/translation.htm. ACJ Report: Human Rights, Sexual Orientation and Gender Identity 29