A/HRC/23/39
55.
The Special Rapporteur further echoes the views of the Panel of Experts that the
authorities should be flexible in cases of (a) late notification, if there is a good reason; (b)
incorrect completion of form; or (c) failure to provide all necessary information. The
notification timeline should not restart from the beginning and there should be some
flexible means of correcting minor omissions or errors.29
56.
Another inappropriate requirement attached to the notification process is informally
or formally imposing on the organizers the expectation to negotiate the time and place of
the assembly with the authorities. Such requirement would be tantamount to restricting the
planned assembly and would need to pass the strict test of necessity and proportionality, as
defined in article 21 of the Covenant, which is applicable to restrictions. The Special
Rapporteur also warns against authorities proposing an alternative time and place for an
assembly, when processing a notification, as this would also be imposing restrictions on the
right to freedom of peaceful assembly and should satisfy the aforementioned test.
57.
The Special Rapporteur is also of the opinion that the notification procedure should
at all times be free of charge so as not to financially deter organizers from exercising their
right to freedom of peaceful assembly. Similarly, the cost of protecting and facilitating the
assembly (such as deploying security barriers, medical services or temporary sanitary
facilities) should not be borne by the organizers.
58.
Once the organizers have notified the designated primary authority of their intention
to hold an assembly, a receipt acknowledging that timely notification has been submitted
should be provided in an expeditious manner. Should the organizers not hear from the
authority prior to the designated time for holding the assembly, it should be assumed that
said assembly does not present any problem. The Special Rapporteur warns against any
possible abuse of the receipt system.30
59.
The Special Rapporteur is mindful of States’ obligation to guarantee law and order,
but restrictions on peaceful assembly in relation to its “time, place and manner”31 should be
limited to the extent that such restrictions meet the aforementioned strict test of necessity
and proportionality. Any restriction imposed on the nature or content of the message the
organizers and participants want to convey, especially in relation to criticism of
Government policies, should be proscribed, unless the message constitutes “incitement to
discrimination, hostility or violence”, in conformity with article 20 of the Covenant. In this
connection, he stresses the recommendation that he has already put forward to States to
“provide individuals exercising their rights to freedom of peaceful assembly and of
association with the protection offered by the right to freedom of expression”. 32
60.
Should the assembly be restricted in compliance with international human rights
norms and standards, the authorities should provide reasonable alternatives to the
organizers to hold peaceful assemblies, which fundamentally should always be facilitated
within “sight and sound” of the target audience so that the message they (organizers and
participants) want to convey reaches this target audience.33
61.
In far too many instances, authorities in many countries fail to apply the
aforementioned strict test of necessity and proportionality when reviewing the imposition of
a possible restriction to the right to freedom of peaceful assembly. Peaceful assemblies
29
30
31
32
33
16
Based on consultation with members of the OSCE/ODIHR Panel of Experts.
See CCPR/CO/82/MAR, para. 24.
OSCE/ODIHR and the Venice Commission, Guidelines on Freedom of Peaceful Assembly, para. 99.
A/HRC/20/27, para. 84 (g).
OSCE/ODIHR and the Venice Commission, Guidelines on Freedom of Peaceful Assembly, para. 99
and 101.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents