A/HRC/19/40
activities, should be decriminalized; (g) a sub-section of security forces within a country
should be trained specifically on how to respond to protests and perform crowd
management in a peaceful manner that was in conformity with international human rights
standards; (h) any detention of those involved in activities associated with peaceful protests
and other forms of public demonstration should only be performed by civil security forces
for the purposes of personal and public safety and only for a duration required in order to
guarantee such safety, and no more than 24 hours. In all instances in which those
participating in protests or demonstrations were detained for criminal offences, they should
be granted access to a qualified lawyer and full due process guarantees before a
representative of the judiciary of the civil authority; (i) the terms public safety, public order
and public health should be clearly and unambiguously defined within the laws of a country
and should be in accordance with international standards of human rights; (j) in instances
where riot gear and military hardware were used by Government security forces to
systematically commit human rights violations against individuals participating in public
demonstrations and protests, other States and private companies that provided such
equipment should immediately cease providing that equipment to a violating Government,
and any contractual obligations to that effect should be suspended; (k) bilateral and
multilateral aid and assistance between States should be specifically conditional on the full
respect for freedom of assembly and association, and strong safeguards should be put in
place to ensure such aid was in no way used by recipient Governments to supplement their
ability to carry out large-scale repression of these rights, especially during times of largescale peaceful protests; (l) the widespread blocking of basic systems of communication and
commerce, including the Internet, mobile and landline phone services, satellite channels
and other media should be prohibited. The criminal liability of companies that were
involved in such practices should be made clear in national penal systems; and (m) all
instances of incitement to violence, hate, xenophobia and discrimination within the media
should be combated. Instances of incitement to violence should be prohibited on State-run
media sources.
III. Summary of the discussion
40.
Most delegations thanked OHCHR, Switzerland and the co-sponsors3 of decision
17/120 for convening this panel discussion. The delegations further thanked the President
of Maldives, the Deputy High Commissioner and the panellists for their presentations.
Several delegations stressed the timeliness of the panel discussion, mentioning the recent
and unfolding events in the Arab region, but also in the rest of the world.
A.
Issues raised by stakeholders
41.
Several delegations emphasized the cross-cutting dimension of the issue of peaceful
protests, which was intricately connected to the exercise of the rights to freedom of
peaceful assembly, freedom of expression, freedom of association, freedom of
thought/conscience and religion, and the right to participate in the affairs of the State.
Peaceful protests were further linked to the promotion of good governance and the rule of
3
12
Australia, Austria, Belgium, Bosnia and Herzegovina, Bulgaria, Canada, Costa Rica, Croatia, Czech
Republic, Denmark, Estonia, Finland, France, Georgia, Greece, Hungary, Iceland, Ireland, Israel,
Italy, Japan, Jordan, Kenya, Latvia, Liechtenstein, Lithuania, Maldives, Montenegro, Netherlands,
Norway, Palestine, Poland, Portugal, Republic of Korea, Serbia, Slovakia, Slovenia, Somalia, Spain,
Sweden, Timor-Leste, Turkey, United Kingdom of Great Britain and Northern Ireland and the United
States of America.
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