A/HRC/26/29
recommended its repeal, as it found that it encouraged the stigmatization and discrimination
of LGBTI children and the targeting and persecution of the LGBTI community
(CRC/C/RUS/CO/4-5, para. 25).
31.
The Special Rapporteur strongly condemns the recent wave of laws, regulations and
practices in some parts of the world designed to silence, intimidate and harass those who
promote the human rights of LGBTI people through public assemblies. The aforementioned
law in the Russian Federation makes “propaganda of non-traditional sexual relations”,
which includes gay pride events or any assembly supporting LGBTI rights, punishable by
administrative fines of up to 5,000 roubles for citizens and up to 100,000 roubles for
foreigners and subjects the latter to deportation. Public assemblies are at the heart of an
active civil society and a functioning democracy. Tolerance of others, pluralism and
broadmindedness must be harnessed. As stated previously, it is not necessary to agree with
what people do, but as long as it is done peacefully, and does not incite violence and hatred,
it should be allowed.20
32.
Numerous jurisdictions have in recent years banned peaceful protesters from
covering their faces during demonstrations, motivated by fears that demonstrators who
wear masks or hoods could engage in violence and escape punishment due to their
concealed identities. Besides the fact that violent acts during peaceful demonstrations are
already illegal under the laws of virtually every jurisdiction, the Special Rapporteur is
concerned that bans on face coverings during assemblies are in some circumstances used to
target particular groups and improperly curtail their right to freedom of peaceful assembly.
33.
There may be legitimate and non-criminal reasons for wearing a mask or face
covering during a demonstration, including fear of retribution. For example, in Egypt,
article 6 of the 2013 law on protests and demonstrations prohibits the wearing of a mask to
hide the face during any assembly. That provision contains no exceptions and could be used
to discriminate against women who wear the niqab, effectively preventing them from
participating in public meetings or protests. Such laws may also be used against individuals
with medical disabilities who wear face masks for medical purposes. Certain peaceful
protest movements in the Arab world, Western Europe, North America and elsewhere have
adopted the use of the Guy Fawkes mask as an emblem. The mask is particularly popular
among youth and student protest movements. The donning of this mask can be as much a
political statement — a way of identifying with one’s fellow demonstrators and a
worldwide movement — as it is an attempt to conceal identity.
34.
Individuals with disabilities frequently face difficulty in staging peaceful assemblies
due to limitations related to their disabilities. Those obstacles include the inability to gain
access to the forms and notification procedures (for example, due to a lack of regulations or
forms in Braille or other accessible formats) and to Government offices where a notification
of assembly may be lodged. In that respect, the Special Rapporteur urges States to strive for
implementation of article 19 of the Convention on the Rights of Persons with Disabilities,
which called for States to recognize the equal right of all persons with disabilities to live in
the community, with choices equal to others, and to take effective and appropriate measures
to facilitate full enjoyment by persons with disabilities of that right and their full inclusion
and participation in the community. Similarly, a lack of multilingual forms may also pose
an obstacle to indigenous and minority groups and any other individuals or groups not
fluent in the primary language of the local jurisdiction.
35.
Moreover, the assemblies of religious, ethnic and cultural minorities have been
selectively targeted. In Rakhine State, Myanmar, for example, Emergency Act 144 was
20
See, for example A/HRC/19/40, para. 17.
11
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