A/HRC/17/28*
123. In the Human Rights Council the universal periodic review offers opportunities. The
mandate of the new Special Rapporteur on freedom of assembly and of association 43 will
be a welcome addition to the special procedures, with the mandates of the Special
Rapporteur on the situation of human rights defenders, and the Special Rapporteur on
extrajudicial, summary or arbitrary executions retaining their relevance. Collaboration
between these mandates in respect of managing demonstrations may be required.
124. Within the mandate on extrajudicial, summary or arbitrary executions, it is
envisaged that country studies will in future be conducted on the basis of a number of
agenda items that will be used for all countries in order to establish benchmarks. One of
these agenda items will be regulations and practices regarding the use of force by the
police.
125. The codes of conduct of organizations such as Interpol and the International
Association of Police Chiefs – which are subject to occasional review – provide a way of
reaching police forces worldwide.
126. Civil society also has an ongoing responsibility in terms of defining and monitoring
applicable norms.
At the regional level
127. The African Commission on Human and Peoples’ Rights has a Special Rapporteur
on human rights defenders. The Commission regularly adopts resolutions on human rights
issues and elaborates rights in the African Charter.
128. The mandate of the Pan-African Parliament could be interpreted to include the
drafting of model legislation, which could, for example, deal with the right to assembly.
129. The Inter-American Commission on Human Rights engages this issue on a regular
basis and has a Special Rapporteur for freedom of expression who plays an important role
in this regard.
130. One of the most impressive regional initiatives on assembly law is the Organisation
for Security and Co-operation in Europe (OSCE), 44 which has identified six guiding
principles in respect of freedom of assembly. This project includes legal reviews of
legislation dealing with assembly rights, as well as monitoring laws and practices related to
assemblies, and could be regarded as a model for similar actions elsewhere.
At the domestic level
131. Transition periods, where societies make a conscious effort to replace a repressive
system with a more democratic one, offer windows of opportunity to incorporate
international human rights standards into domestic systems.
132. There is a constant need for stock-taking and reform in respect of assembly rights in
all societies. National human rights institutions and law reform commissions should also
take up the cause. There could be ample opportunity in a number of countries for court
challenges to assembly laws to be brought under the constitutions of these countries.
43
44
20
Human Rights Council resolution 15/21, para. 5.
See OSCE/ODHIR, Guidelines on freedom of peaceful assembly (Warsaw, 2007), available at
http://www.osce.org/odihr/24523; see also Neil Jarman and Michael Hamilton, “Protecting Peaceful
Protest: The OSCE/ODIHR and freedom of peaceful assembly,” in Journal of Human Rights Practice
1:2 (2009), pp. 208-235.
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