A/HRC/19/40
by security forces in an unaccountable and discriminatory way could never be justifiable.
Nor could State sovereignty be a justification for violating human rights. Stifling peaceful
protests with brutal force in the alleged interest of restoring peace, order and security could
not be a successful solution in the long term.
48.
Likewise, it was recalled that peaceful demonstrators had the responsibility to
guarantee that the legitimate expression of their opinion would not jeopardize the safety of
others and of their own. To that end, it was suggested that channels of communication
between the authorities and civic leaders should be developed. The positive obligation of
States to facilitate peaceful protest was also raised, notably the importance of maintaining
proper structures to ensure that legitimate protesters could make themselves heard.
Furthermore, a call was made that domestic legislation that unduly and significantly
restricted the exercise of the right to freedom of peaceful assembly must be immediately
repealed. When legislation was in accordance with international law instruments, it should
be properly implemented.
49.
Some delegations raised the issue of accountability for human rights violations
committed in the context of peaceful protests and the need to conduct thorough and
independent investigations to combat impunity and dissuade the recurrence of such acts.
The issue of access to and the effectiveness of public complaints mechanisms for any
violent acts was raised and illustrated by some States’ experience.
50.
Some delegations stressed the need to enhance the capacity of law enforcement
authorities, which could lead to preventing human rights violations by minimizing the use
of force. The necessity for Member States to incorporate into their national legislation soft
law provisions on policing peaceful protests for law enforcement officials was raised. The
need to provide human rights training to law enforcement authorities in charge of handling
peaceful protests, which should be consistent with the protection of human rights and
fundamental freedoms, was also raised. To that end, support from the international
community in preparing a State to appropriately handle a situation of peaceful protests was
mentioned and relevant Human Rights Council mechanisms, treaty bodies, and relevant
United Nations bodies and agencies were urged to provide advice and technical assistance
upon request of States on how to enhance national capacity in dealing with specific
situations of protests.
51.
A number of references were made to the Special Rapporteur on extrajudicial,
summary or arbitrary executions, who, in his report on protecting the right to life in the
context of policing assemblies (A/HRC/17/28), notably recommended that an international
process be undertaken to work towards a more comprehensive codification of assembly
law, including the use of force during demonstrations.
52.
Some delegations also highlighted the important role played by social media in the
context of peaceful protests. It was stated that all basic systems of communications,
including the Internet, mobile phones, satellite channels and others should be recognized as
basic vehicles through which freedom of assembly and association took place. The free
flow of information or the effective use of social media to organize should not be stopped,
notably through resorting to blanket restrictions on speech or on the use of the Internet or
social media such as Facebook, Twitter or Blackberry. In that connection, the report of the
Special Rapporteur on the promotion and protection of the right to freedom of opinion and
expression presented to the Council’s seventeenth session on key trends and challenges to
the right of all individuals to seek, receive and impart information and ideas of all kind
through the Internet (A/HRC/17/27) was found highly pertinent during the panel
discussion. However, some delegations warned against the misuse of social media, which in
recent social turmoil could become problematic. They believed that the issue of addressing
the negative impact of social media while making the best use of it was a common problem
faced and considered by all countries.
14
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