A/HRC/17/28* B. The mandate of the Special Rapporteur in protecting the right to life in the context of assemblies 24. The mandate of the Special Rapporteur on extrajudicial, summary or arbitrary executions centres on the right to life. In its resolution 1996/74, the Commission on Human Rights requested the Special Rapporteur, in carrying out his mandate, to, inter alia, “continue to pay special attention […] to allegations concerning violations of the right to life in the context of violence against participants in demonstrations and other peaceful public manifestations” (para. 7(d)). 25. An important part of the motivation for the establishment of the mandate was to curb instances where State power is used to eliminate political opponents. One way in which this occurs is the use of excessive force by law enforcement officers, prompted by the belief that it is expected of them, in curbing political demonstrations. However, the mandate is also invoked when lives are placed in danger during such situations, for any other reason. 26. In 2007, the Special Representative of the Secretary-General on human rights defenders submitted a comprehensive report on the right to protest from the perspective of human rights defenders. 5 In his 2009 Report to the Human Rights Council, the Special Rapporteur on extrajudicial, summary or arbitrary executions indicated that a study on the use of deadly force during demonstrations would be undertaken by the mandate. 6 27. The Special Rapporteur has frequently addressed arbitrary deprivation of life in the context of policing assemblies. During the period under review approximately 10 per cent of the communications sent by the mandate holder to States dealt with this topic. C. Applicable international legal standards 28. The norms regarding the rights and duties in policing protests are to be found in international law (on both the global and regional level), and also in domestic law. 7 29. While international law primarily makes a distinction in terms of the level of protection provided in peaceful and violent demonstrations, domestic law often draws the line between lawful and unlawful gatherings. This suggests that the pre-occupation of international law is to ensure peace, while national law has a stronger focus on law enforcement. 30. International standards are often stated in general and aspirational terms, and are not necessarily applicable word-for-word at the domestic level, where greater detail and precision are required. Freedom of assembly 31. Assembly plays a facilitating role in respect of other rights. In many instances, public protest has been the vehicle through which a wide range of human rights have gained entry into the global human rights project. Protest is a tool primarily used by opposition and minority groups. 32. If freedom of assembly is to play its role as a mechanism that provides a platform to those who would otherwise not be able to make their point, it follows that it should not be 5 6 7 A/62/225; see also A/61/312. A/HRC/11/2, paras. 64–65. See Ralph Crawshaw et al., Human rights and policing, 2nd rev. ed. (Leiden, Martinus Nijhoff, 2007). 7

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