A/HRC/17/28* regulated in a way that is biased in favour of those who happen to be in power. The regulation of freedom of assembly should be content-neutral (except where human rights objectives are undermined, for example, through the promotion of violence or racial hatred). If either the legal provisions in respect of assembly or the way in which these laws are administered are skewed against those who are supposed to be its direct beneficiaries, then they will be in a worse position than if the right was not recognized at all. 33. Supporting freedom of assembly implies a realization that, as expressed so eloquently by the Spanish Constitutional Court, “in a democratic society, the urban space is not only an area for circulation, but also for participation”. 8 34. Freedom of assembly is widely recognized and protected in international instruments. Article 20(1) of the Universal Declaration of Human Rights (UDHR) states that “everyone has the right to freedom of peaceful assembly….” According to article 21 of the International Covenant on Civil and Political Rights (ICCPR), the “right of peaceful assembly shall be recognized.” It further states that “no restrictions may be placed on the exercise of this right 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 the rights and freedoms of others.” As such, limitations to this right – prohibition or restriction of assembly by local authorities and the police – may be imposed only if the above provisions are met. 9 35. At the regional level, the African Charter on Human and Peoples’ Rights (African Charter) recognizes that “every individual shall have the right to assemble freely with others” (art. 11), without explicitly requiring that the assembly be “peaceful”. The American Convention on Human Rights (American Convention) recognizes the right of “peaceful assembly, without arms” (art. 15) while article 11 of the European Convention for the Protection of Human Rights and Fundamental Freedoms (European Convention), and the article 24.6 of the Arab Charter on Human Rights (Arab Charter) recognize the right to “peaceful assembly”. 36. In phrasing similar to that of the International Covenant on Civil and Political Rights, the regional instruments stipulate that any restrictions on this right must be in conformity with the law and necessary “in a democratic society” (European and African instruments) or in a society that “respects freedom and human rights” (Arab Charter) in the interest of national security, public safety, public order, protection of health and morals, or “ethics” (African Charter), or protection of the rights of others. Legal provisions that circumscribe the terms under which limitations may be imposed should not be so openended as to give the State carte blanche. 10 37. Limitations placed on those wishing to exercise their assembly rights should be proportionate and necessary, and be subject to appeal in an independent court of law. The positive obligation on the State to facilitate peaceful protest has been recognized in several international cases. 11 8 9 10 11 8 Judgment 66/1995, leaf 3. For discussion, see Manfred Nowak, UN Covenant on Civil and Political Rights. CCPR Commentary, 2nd rev. ed. (Kehl am Rhein, Engel, 2005), p. 491; also Siracusa Principles (E/CN.4/1984/4), annex. Very few reservations have been entered against article 21. See Amnesty International and Others v Sudan (2000) AHRLR 297 (ACHPR 1999). See, for example, Plattform Ärtze für das Leben v. Austria, ECHR 10126/82 (21 June 1988).