A/HRC/22/28
9.
In their joint contribution to this report, the Special Rapporteurs on the rights to
freedom of peaceful assembly and of association, on the right to freedom of opinion and
expression, and on the situation of human rights defenders pointed out that States should
recognize the positive role of peaceful protests as a means of strengthening human rights
and democracy. They should guarantee the rights to freedom of peaceful assembly, freedom
of association, and freedom of opinion and expression, which are essential components of
democracy and indispensable to the full enjoyment of all human rights. In far too many
instances, these rights have been unduly restricted or plainly denied in the context of
peaceful protests.
10.
Indeed, only protests that are peaceful are protected by international human rights
law. An assembly should be deemed peaceful if its organizers and participants have
peaceful intentions and do not use, advocate or incite violence; such features should be
presumed. Assembly organizers should not be held liable for the violent behaviour
committed by others. Instead, police have the duty to remove violent individuals from the
crowd in order to allow protesters to exercise their basic rights to assemble and express
themselves peacefully.
11.
The organization of a protest should not be subject to prior authorization from the
administrative authorities of the State, but at the most to a prior notification procedure, the
rationale of which is to allow State authorities to facilitate the exercise of the right to
freedom of peaceful assembly and to take appropriate measures to protect public safety and
order and the rights and freedoms of protesters and other individuals affected by the
protests. Spontaneous and simultaneous assemblies should be regulated by the same
procedure and should also be protected. In any case, organizers should not be criminalized
for not requesting an authorization.
12.
When restricting the rights to freedoms of peaceful assembly, of opinion and
expression, and of association, the least intrusive means of achieving the legitimate
objective pursued by the authorities should always be given preference. Freedom to hold
and participate in peaceful protests is to be considered the rule, and limitations thereto
considered the exception. In this regard, the protection of the rights and freedoms of others
should not be used as an excuse to limit the exercise of peaceful protests. Complete
prohibition involving blanket bans on time and location does not comply with human rights
in the context of peaceful protests, unless it is a measure of last resort, adopted to protect
lives.
13.
The dispersal of assemblies should only be a measure of last resort. Law
enforcement authorities should not resort to force during peaceful assemblies, and they
should ensure that force is only used on an exceptional basis.
14.
According to article 4, paragraph 2, of the International Covenant on Civil and
Political Rights, the right to life and the prohibition of torture and other cruel, inhuman or
degrading treatment or punishment are non-derogable rights. As such, it is imperative that
States ensure prompt and adequate medical care for any person injured during a peaceful
protest and that the injured person as well as his or her relatives are protected from any
threat of reprisal.
15.
No one should be criminalized or subjected to any threats or acts of violence,
harassment, persecution, intimidation or reprisals for addressing human rights issues
through peaceful protest or for reporting on human rights violations and abuses committed
in the context of peaceful protests. The protection of women, especially women human
rights defenders, must be guaranteed. Instances of gender-based violence occurring during
demonstrations should be investigated and prosecuted as a matter of priority.
16.
States must also ensure that anyone monitoring and reporting on violations and
abuses occurring during peaceful protests, including journalists, community media workers,
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