A/HRC/22/28 right to participate in the conduct of public affairs requires the full enjoyment and respect for the rights guaranteed in articles 19, 21 and 22 of the Covenant, including, inter alia, freedom to hold peaceful demonstrations and meetings (para. 25). 5. The rights and freedoms provided for under articles 19 and 21 of the Covenant, however, are not absolute and may be subject to restrictions.4 Article 21 states that no restrictions may be placed on the exercise of the right to peaceful assembly other than those imposed in conformity with the 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 rights and freedoms of others. For instance, the Human Rights Committee has found that a requirement to notify the police of an intended demonstration in a public place six hours before its commencement may be compatible with the permitted limitations laid down in article 21.5 6. Similarly, under article 19, paragraph 3, the right to freedom of expression may be subject to restrictions only as provided by law and necessary for respect of the rights or reputations of others, or the protection of national security or of public order (ordre public) or of public health or morals. In its general comment No. 34 (2011), the Human Rights Committee further explains that any restrictions on the exercise of such freedoms “must conform to the strict tests of necessity and proportionality” and “be applied only for those purposes for which they were prescribed and must be directly related to the specific need on which they are predicated” (para. 22). In the context of an individual communication, the Committee pointed out that although general comment No. 34 refers to article 19, it also provides guidance with regard to elements of article 21. 6 7. According to the Committee`s jurisprudence, it is up to the State party to show that restrictions on an author’s right under article 19, paragraph 3, of the Covenant are necessary and that even if a State party introduces a system aiming to strike a balance between an individual’s freedom to impart information and the general interest in maintaining public order in a certain area, such a system must not operate in a way that is incompatible with article 19 of the Covenant.7 III. Special procedures 8. In his initial report to the Human Rights Council, the Special Rapporteur on the rights to freedom of assembly and of association defined the term “assembly” as including demonstrations, strikes, processions, rallies or even sit-ins. He elaborated on the international legal framework applicable to the right to peaceful assembly, including restrictions on this right and the relationship between article 21 and other rights set out in the Covenant. The Special Rapporteur also stressed the obligation of Member States to both facilitate and protect peaceful assemblies, including through negotiation and mediation.8 He further noted that the right to freedom of assembly is also reflected in article 8 of the International Covenant on Economic, Social and Cultural Rights and in other international and regional instruments (para. 14). 4 5 6 7 8 See communication No. 1866/2009, Chebotareva v. Russian Federation, Views adopted on 26 March 2012, para. 9.2. Communication No. 412/1990, Kivenmaa v. Finland, Views adopted on 31 March 1994, para. 9.2. Communication No. 1790/2008, Govsha, Syritsa and Mezyak v. Belarus, Views adopted on 27 July 2012), para. 9.4. Communication No. 1157/2003, Coleman v. Australia, Views adopted on 17 July 2006, para. 7.3. A/HRC/20/27, paras. 24 and 89. 5