A/HRC/17/28*
F.
Policing protest: evolving principles
119. The Special Rapporteur suggests that a set of norms, such as the following, could
provide a foundation for managing demonstrations in a way that protects the lives of all
concerned:
1)
The State has a duty to facilitate public protest by providing protesters with
access to public space, and protecting them, where necessary, against outside threats.
2)
The proper management of demonstrations depends on communication and
collaboration among protesters, local authorities and police – the so-called “safety triangle.”
Dialogue, and not draconian legislation, is the key.
3)
There should be a presumption against limitations on assemblies (including
prohibition and conditions). Limitations should be prescribed by law and be necessary, in a
democratic society, to achieve a legitimate purpose, such as protecting the rights of others,
and should, in principle, be content neutral. The possibility of appeal against limitations
before an independent judicial organ should be available.
4)
During the actual protest, the normal preoccupation about law and order by
State agents should, as far as possible, give way to the narrower focus of preserving the
peace, and protecting people and property against harm.
5)
International standards in respect of the use of force by the police centres
around necessity and proportionality. Firearms should be used only to prevent grievous
bodily harm and death. Lethal force may be used intentionally only if the objective is to
protect life, and less harmful measures are inadequate.
6)
The standards applicable to the right to assembly and the use of force should
be accessible to the public, e.g., through readily available legislation, to enable adequate
planning and rational decision-making on how to protect one’s own interests.
7)
Procedures should exist, as a matter of course, for the investigation of any
use of deadly force or discharge of firearms during demonstrations, and adequate
disciplinary action should be taken where appropriate.
G.
Some entry points for assembly law reform
120. A starting point in respect of assembly law reform would be to identify existing
avenues that may be used. The following are some examples.
At the global level
121. An expert group could be convened within the United Nations to consider the
different options, such as the drafting of guidelines or an additional protocol to the
International Covenant on Civil and Political Rights on this topic. The Human Rights
Committee could consider adopting a general comment on freedom of peaceful assembly
and the use of force. Given that international standards often are couched in general terms,
ensuring that such an international instrument is adapted into something like model
legislation would be useful.
122. Various treaty bodies regularly have the opportunity to comment on State party
reports that deal with assembly and use of force issues, as well as broader constraints on
giving effect to assembly rights, such as states of emergency.
19
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