A/HRC/22/28
I. Introduction
1.
In its resolution 19/35, the Human Rights Council requested the High Commissioner
for Human Rights to prepare and submit a thematic report to the Council, prior to its
twenty-second session, on effective measures and best practices to ensure the promotion
and protection of human rights in the context of peaceful protests.
2.
The Council encouraged relevant thematic special procedures mandate holders,
including the Special Rapporteur on the right to freedom of opinion and expression, the
Special Rapporteur on the rights to freedom of peaceful assembly and of association, the
Special Rapporteur on extrajudicial, summary or arbitrary executions and the Special
Rapporteur on the situation of human rights defenders, to contribute to this report. It further
requested the High Commissioner for Human Rights, to draw on the experience of treaty
bodies and to seek the views of States and relevant partners, such as United Nations
agencies, regional organizations, national human rights institutions and civil society
organizations when preparing the report.1
II. Treaty bodies
3.
Participation in peaceful protests can be an important form of exercise of the rights
to freedom of peaceful assembly and freedom of expression established in articles 21 and
19 respectively of the International Covenant on Civil and Political Rights. 2 According to
general comment No. 34 (2011) of the Human Rights Committee, freedom of opinion and
freedom of expression are indispensable conditions for the full development of the person;
such freedoms are essential for any society and constitute the foundation stone for every
free and democratic society (para. 2).
4.
Recent jurisprudence of the Human Rights Committee noted the intimate connection
between the acts protected by articles 19 and 21 of the Covenant.3 Other rights that may be
applicable in case of peaceful protests include, for instance, the right to freedom of
association (art. 22) and to take part in the conduct of public affairs (art. 25). The Human
Rights Committee, in its general comment No. 25 (1996), confirms that enjoyment of the
1
2
3
4
The following States submitted information: Armenia, Australia, Azerbaijan, Bahrain, Costa Rica,
Democratic Republic of the Congo, Estonia, Guatemala, Madagascar, Moldova, Mongolia,
Montenegro, Morocco, Oman, Paraguay, Qatar, Romania, Russian Federation, Serbia, Slovenia,
Spain and Switzerland.
Regional organizations and national human rights institutions that submitted information were the
Commonwealth Secretariat; Organization for Security and Co-operation in Europe; Ombudsman of
Bulgaria, Malawi Human Rights Commission, National Human Rights Commission of India, Human
Rights Commission of New Zealand, Ombudsman of Panama, Office of the Human Rights Defender
of Poland, National Human Rights Commission of Qatar, South African Human Rights Commission,
Ombudsman of Venezuela (Bolivar Republic of).
A number of non-governmental organizations submitted information. To the extent that it relates to
effective measures and best practices, such information has been included in the report. However,
some submissions contained allegations of violations by States of human rights in the context of
peaceful protests, such as disproportionate use of force or harassment of protestors. Such information
has been transmitted to the Special Rapporteur on the rights to freedom of peaceful assembly and of
association for further action, but has not been included in this report.
Human Rights Council resolution 19/35 of 23 March 2012.
See for example, communication No. 1316/2004, Mecheslav Gryb v. Belarus, Views adopted on 26
October 2011, para. 9.5.
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