A/HRC/26/29
accommodation for their specific needs. Physical barriers, such as a lack of access to public
buildings and amenities such as transportation, distances that must be travelled to gather at
officially sanctioned protest sites, and a lack of accommodation for facilitated
communication, including in the online environment, may hinder the participation of
persons with disabilities in peaceful gatherings. As stated previously, the practice of
kettling — when police form large cordons and contain a crowd within a limited area,
either preventing protesters from leaving or allowing only one exit — is “intrinsically
detrimental to the exercise of the right to freedom of peaceful assembly, due to its
indiscriminate and disproportionate nature” (A/HRC/23/39/Add.1, para. 37). In that regard,
it may be particularly detrimental to individuals with disabilities, especially if those
disabilities affect mobility. Societal attitudes that promote a lack of understanding or
accommodation for persons with disabilities also constitute a significant barrier to their
exercise of the right to freedom of peaceful assembly.
4.
Practices that threaten or impede the enjoyment of the right to freedom
of peaceful assembly
41.
Finally, some groups face a greater risk of discrimination and retribution when
exercising their assembly rights due to practices which are not explicitly contained in the
law (and which may, in fact, deviate from the law). In Indonesia for example, religious
minority groups such as Ahmadis (the Ahmadiyah), Baha’is, Christians and Shias face
physical attacks from militant Islamic groups with little intervention from the Government.
Despite a Supreme Court ruling upholding the right of the Taman Yasmin Indonesian
Christian Church congregation to put up their church building, in Bogor, West Java, local
authorities sealed the building in 2010 and, since then, have prevented church members
from gaining access to their church.
42.
The Special Rapporteur is deeply concerned about the use of police violence,
harassment and judicial intimidation against assemblies held by women in many parts of
the world. In Cambodia, for example, female land-rights activists have been targeted for
violence, harassment and arrest on numerous occasions. In India, in the State of Orissa, 42
women human rights defenders were arrested and detained for peacefully protesting against
the building of a dam. In Sri Lanka, women advocating for investigations into the enforced
disappearance of their loved ones face considerable opposition from the Government. In
Cuba, women defenders promoting and protecting human rights (Damas de Blanco) have
repeatedly been targeted by security forces when peacefully demonstrating for the rights of
detainees. Similarly, in Zimbabwe, members of a local women’s group, Women of
Zimbabwe Arise, were beaten and arrested in September 2013 after staging a peaceful
demonstration outside Parliament.
43.
The Special Rapporteur reminds Member States that the Convention on the
Elimination of All Forms of Discrimination against Women guarantees the equality of men
and women in the enjoyment of human rights and fundamental freedoms in the political,
economic, social, cultural, civil or any other field (art. 1). Cultural notions, family
obligations and perceived vulnerability should never be used as grounds on which to deny
or limit the right of women to assembly.
44.
Moreover, arbitrary differences in the policing of peaceful assemblies are a concern
in some Member States. In 2012, for example, the Minister for Ethics and Integrity of
Uganda allegedly intervened to disrupt two private civil society workshops: one on the
monitoring of human rights violations, and another on the human rights of LGBTI people.
Participants say that both workshops were targeted because they addressed the rights of
LGBTI people.
45.
Surveillance tactics ostensibly designed to prevent criminal activity are also often
used selectively to target certain groups who plan to stage peaceful public assemblies. In
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