A/HRC/17/28*
140. Much has been said about the need to ensure greater compliance with
international standards in order to protect lives, and that has been the main point of
this report. Taking a few steps back, however, there is no escaping the conclusion that
a stronger adherence to human rights standards in general would remove many of the
underlying causes of demonstrations that turn violent.
141. A free society is characterised by its willingness to tolerate dissent, as expressed
also through protest action. As such, a free society may experience some discomfort
with dissent. This is a healthy attitude because dissenters in such a society would not
have to resort to attacking the system as such. In a free society, the desire to engage in
extreme measures largely disappears. Life would be more secure in such a society.
V.
Recommendations
142. United Nations bodies involved in human rights monitoring should closely
scrutinise the laws and practices of the countries concerned in respect of compliance
with the relevant international standards on freedom of assembly, including the use of
force and, in particular, the use of lethal force. The effect of states of emergency on
assembly rights, in particular, is a matter of concern. There should be a focus on the
role played by domestic institutions in respect of assembly.
143. The basic principles for managing demonstrations should be elaborated more
clearly, so as to set out the international law standards applicable to demonstrations
(non-violent and violent; legal and illegal), with special reference to the use of (deadly)
force by the police during demonstrations. This could be done by an expert group, or
by the Human Rights Committee as a general comment on articles 6 and 21 of the
International Covenant on Civil and Political Rights. In view of the extensive domestic
legal reform that will be required, a model law on the management of protest and the
use of force in that context should be drafted. This process is important, not only in
terms of providing clarity on the applicable standards, but also in order to raise
awareness and solicit collaboration for a global law reform effort in respect of
assembly rights.
144. The United Nations should engage with regional, as well as domestic, human
rights initiatives such as those outlined in the report as entry points in order to ensure
greater conformity with international standards.
145. United Nations peacekeepers that may have to deal with protests should be
trained and equipped on an ongoing basis to do so in a manner that conforms to
international standards.
22
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