A/HRC/44/24
I. Introduction
1.
In its resolution 38/11, the Human Rights Council requested the United Nations High
Commissioner for Human Rights to prepare a thematic report on new technologies, including
information and communications technology (ICT), and their impact on the promotion and
protection of human rights in the context of assemblies, including peaceful protests. The
present report is submitted in line with that request.
2.
The Office of the United Nations High Commissioner for Human Rights (OHCHR)
sought contributions from States and relevant partners, such as United Nations agencies,
regional organizations, national human rights institutions, civil society organizations and
relevant special procedure mandate holders.1
3.
The present report contains an examination of new technologies, including ICT, and
their impact on the promotion and protection of human rights in the context of assemblies,
including peaceful protests. In the report, it is recalled that the right of peaceful assembly is
protected under international human rights law. It is also noted that the effective use of new
technologies can enable the exercise of human rights in the context of assemblies. The report
also includes an examination of the human rights challenges posed by State interference with
the availability and use of new technologies in the context of assemblies; the use of new
technologies to track protesters; and the use of new less-lethal weapons and ammunition
technology in the context of assemblies. Finally, the report contains some conclusions and
recommendations.
II. Exercise of human rights in the context of assemblies,
including peaceful protests
4.
The right to peaceful assembly plays an important role in mobilizing the population,
permitting the formulation and expression of grievances and aspirations, facilitating the
celebration of events and, importantly, influencing public policies. 2 The year 2019 was
momentous, with protests taking place in many countries in all regions. That discontent has
continued in 2020. The factors causing people to protest were, and continue to be, complex
and varied. Structural and institutional racial discrimination, worsening socioeconomic
conditions, corruption, inequality and the denial of other human rights were some of the
common root causes. Many of these concerns lie at the core of the 2030 Agenda for
Sustainable Development and may have been exacerbated by the coronavirus disease
(COVID-19) crisis. Most protests began peacefully. Nevertheless, in some countries, security
personnel at times met protests with the excessive use of force, including lethal force. Some
protesters have resorted to violence, resulting in the escalation of tensions and violent
confrontations with the security forces. New technologies have played a role in many of these
protests, either as an enabler for their organization and coordination or as a tool to restrict or
infringe upon protesters’ human rights.
5.
The right of peaceful assembly includes the right to hold meetings, sit-ins, strikes,
rallies, events or protests, both offline and online. 3 It serves as a vehicle for the exercise of
many other rights guaranteed under international law, with which it is linked intrinsically and
that form the basis for participating in peaceful protests, 4 in particular the rights to freedom
of expression and to take part in the conduct of public affairs. These rights are provided for
in the Universal Declaration of Human Rights (art. 20 (1)), the International Covenant on
Civil and Political Rights (art. 21) and the Convention on the Rights of the Child (art. 15).
Other relevant instruments include the Declaration on the Right and Responsibility of
Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized
Human Rights and Fundamental Freedoms (the Declaration on Human Rights Defenders),
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2
Submissions are available at www.ohchr.org/EN/Issues/RuleOfLaw/Pages/CallforInput.aspx.
A/HRC/20/27, para. 24.
Human Rights Council resolutions 21/16 and 24/5.
A/HRC/20/27, para. 12.
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