A/HRC/41/41/Add.4
B.
Recommendations
135. The Special Rapporteur would like to offer the following general
recommendations to the Government of Armenia:
(a)
Expedite ratification of the International Convention on the Protection
of the Rights of All Migrant Workers and Members of Their Families and the Second
Optional Protocol to the International Covenant on Civil and Political Rights aiming
at the abolition of the death penalty;
(b)
Ensure in law and in practice that the rights to freedom of peaceful
assembly and of association play a decisive role in the transition and maintenance of
an effective democratic system as a channel for dialogue, pluralism, inclusiveness,
tolerance and broad-mindedness, where minority or dissenting views or beliefs are
respected and safeguarded;
(c)
Ensure a conducive and safe environment for everyone exercising or
seeking to exercise his or her rights to freedom of peaceful assembly and of
association;
(d)
Ensure that there is no discrimination in the application of the laws
governing the rights to freedom of peaceful assembly and of association, in particular
regarding the groups most at risk, such as national and religious minorities, lesbian,
gay, bisexual and transgender groups, children and women;
(e)
Implement the observations and recommendations made by the Office of
the Human Rights Defender in relation to respect for human rights and particularly
the rights to freedom of peaceful assembly and of association;
(f)
Take concrete measures to increase participation and representation of
women at the decision-making level in public and political life, with a view to reducing
gender stereotypes relating to the role and responsibilities of women and men in the
family and in society;
(g)
Ensure that civil society actors, particularly human rights defenders, are
systematically consulted before the adoption of any legislative initiative. Civil society
participation could, for instance, be institutionalized rather than made available on an
ad hoc basis by creating an appropriate framework of consultation at different State
levels;
(h)
Ensure that the National Council on Sustainable Development is
functional and that the participation of civil society actors, particularly
representatives of the groups most at risk, is consistently considered during its
discussions and the monitoring of the implementation of the 2030 Agenda for
Sustainable Development.
136. With regard to peaceful assembly, the Special Rapporteur recommends that
the Government of Armenia:
(a)
Consider revising the provisions of the law on freedom of assemblies and
other related regulations that unduly violate the right to freedom of peaceful assembly
and, in particular, consider revisions conducive to a better application of the
provisions related to the use of special means;
(b)
Develop and revise law enforcement protocols with a view to ensuring
their compatibility with international human rights norms and standards, as proposed
by the Special Rapporteur and the Special Rapporteur on extrajudicial, summary or
arbitrary executions in their joint report on the proper management of assemblies
(A/HRC/31/66);
(c)
Provide clear practical guidance to law enforcement officers on how to
implement and monitor such protocols, in accordance with the Basic Principles on the
Use of Force and Firearms by Law Enforcement Officials and the Code of Conduct
for Law Enforcement Officials;
17
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