A/HRC/32/36/Add.2
(b)
Ensure that the legal framework affecting those rights conforms to
international human rights norms, including by providing an objective and detailed
framework through which decisions restricting rights are made, while ensuring that
restrictions are the exception and not the rule. Limitations to the rights must be in
furtherance of a legitimate aim, prescribed by law, proportionate to the aim pursued
and necessary in a democratic society;
(c)
Ratify outstanding key international human rights and labour treaties
and remove the reservation to article 22 of the International Covenant on Civil and
Political Rights;
(d)
Ensure that victims of violations and abuses of the rights to freedom of
peaceful assembly and of association have the right to effective remedies.
Recommendations on the right to freedom of peaceful assembly
95.
The Special Rapporteur recommends that the Government:
(a)
the law to:
Amend the Assemblies and Demonstrations Act and implementation of
(i)
Ensure that at most a prior notification and not a de facto authorization
regime regulates the exercise of the right to peaceful assembly;
(ii)
Prevent blanket bans on times when and locations where assemblies can
be held;
(iii) Ensure that assemblies are presumed to be lawful in accordance with
international human rights law standards;
(b)
Review the tactics used for the management of assemblies, including the
use of water cannon and bus barricades, to ensure that they are not applied
indiscriminately or against peaceful protestors, that they do not result in an escalation
of tension and are directed at facilitating rather than preventing the exercise of
assembly rights;
(c)
Provide adequately trained and experienced police officers to manage
assemblies and refrain from deploying conscripted youth for that purpose;
(d)
Ensure that assembly participants are not investigated or held criminally
or civilly liable for taking part in gatherings and that the principle of individual
liability for unlawful actions is upheld, including in respect of assembly organizers;
(e)
Ensure that the rights of all categories of assembly participants,
including persons with disabilities, youth, women, lesbian, gay, bisexual, transgender
and intersex persons, monitors and the media are upheld during the management of
assemblies.
Recommendations on the right to freedom of association
96.
The Special Rapporteur recommends that the Government:
(a)
Ensure that the establishment of associations, including trade unions and
political parties:
(i)
20
Is subject at most to a notification process;
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