A/HRC/17/28*
particular protest action are clearly meritorious, the State has a residual obligation to
maintain public order.
17.
Public protest has a potential spill-over effect and can compromise legitimate State
and social interests. Protest can result in social disruption, damage to property, injury and
loss of life.
18.
A relatively clear and coherent set of international human rights law standards has
been developed in respect of the use of lethal force by law enforcement officials in general,
including during demonstrations. However, as will be shown later in this report, vastly
diverging standards are applied in respect of the use of lethal force domestically, and many
do not meet international standards.
19.
The need to take stock of the law of protest gains additional urgency from the
cumulative effect of a number of contemporary developments that point to a probable
increase in the incidence and intensity of public demonstrations in the future. This includes:
(a) more pressure on scarce resources, leading to increased competition, especially in
societies where large parts of the population are already at risk due to poverty; (b) the
expanding role of information and communication technology, often beyond direct State or
community control, with far-reaching effects on the quick mobilization of crowds,
including in societies where communication has traditionally been restricted; (c) rapid
urbanization, primarily in the developing world, with political protest taking place mostly
in cities and towns; (d) strong global population growth, at least over the next few decades,
causing, in particular, an increase in the number of young people in developing countries,
the most energetic participants in political protest; and (e) the global expansion of ideas of
democracy and human rights, which have in their own right become a catalyst for activism,
including in countries where there would have been hesitance in the past, and where the
path to reform is the longest.
20.
The last point requires elaboration. The recent events in the Arab world have
lowered fear barriers around the world, and will have an influence for many years to come.
Moreover, demonstrations often coincide with elections, which have increasingly turned
violent in recent years. 4
21.
The abovementioned considerations suggest that there will be pressure, in particular
on developing countries and countries without established traditions of democracy and
human rights, to manage demonstrations.
22.
In view of the foregoing, it would be appropriate to determine to what extent the
legal and policy frameworks in place, in respect of mass gatherings, are suitable for dealing
with current and future challenges. It is a well-established fact that the handling of crowd
situations needs to be planned well in advance, for once control of the situation lapses, it is
difficult to turn it around.
23.
Most of the available studies of demonstrations focus on the right to peaceful
assembly in societies where there are, by and large, sufficient resources available, and
where a general commitment to human rights prevails. This is not, however, the kind of
situation in which most lives are lost. This report casts the net wider, and deals with the
right to life during peaceful and legal demonstrations, as well as with situations where such
protests have turned violent or illegal in settings around the world.
4
6
A/HRC/14/24/Add.7, paras. 49-62.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents