A/HRC/23/39
66.
Access to public space means concretely that organizers and participants should be
able to use public streets, roads and squares to conduct (static or moving) peaceful
assemblies. The Special Rapporteur believes that spaces in the vicinity of iconic buildings
such as presidential palaces, parliaments or memorials should also be considered public
space, and peaceful assemblies should be allowed to take place in those locations. In this
regard, the imposition of restrictions on “time, place and manner” should meet the
aforementioned strict test of necessity and proportionality. In Kenya, protesters have been
temporarily prohibited from gathering around the Supreme Court as they awaited a
decision, as well as from other public places.
67.
In this connection, the IACHR stressed that “the competent institutions of the State
have a duty to design operating plans and procedures that will facilitate the exercise of the
right of assembly,.[including] rerouting pedestrian and vehicular traffic in a certain area”. 37
An assembly causes only a temporary obstruction to traffic, that is, a temporary interference
with the rights and activities of others. The Special Rapporteur finds it troubling that in
some States, street protests are forbidden under domestic legislation (Malaysia); it is
prohibited for street marches to impede the movement of traffic and pedestrians (Belarus);
mass gatherings are prohibited and subject to a heavy fine as they may, inter alia, disrupt
traffic and transportation (Russian Federation); application to hold a peaceful assembly to
celebrate International Peace Day was rejected by the authorities, allegedly because it
would have, inter alia, disrupted traffic (Myanmar); women human rights defenders have
repeatedly been arrested and detained for disrupting traffic during peaceful street marches
(Zimbabwe).
4.
Pre-event planning
68.
The Special Rapporteur considers pre-event planning, including risk assessment, by
law enforcement officials, together with organizers of peaceful assemblies and, if possible,
local authorities, as a good practice which may contribute to the success of the assembly.
However, participation of organizers in such planning should never be made compulsory.
69.
Possible issues for discussion include an estimate of the number of participants
expected; itinerary of the assembly, if it is not static; specific needs of persons with
disabilities and groups at risk, such as women, indigenous peoples and groups who, due to
their sexual orientation and/or gender identity may be in need of greater protection by the
authorities; need to deploy properly trained and clearly identified stewards whose role is to
provide assistance to organizers by, inter alia, informing and orienting the public during the
event, but who should not be used to palliate deficiencies in the security apparatus.
Importantly, when organizers cannot be identified due to the nature of certain assemblies
(such as those convened through the Internet), the authorities must undertake such planning
and be prepared to the same extent.
70.
Law enforcement authorities should be prepared and properly trained to handle the
presence of agents provocateurs and counter-demonstrators aiming to disrupt or disperse
the assembly, and to extract them from the assembly or contain them effectively. The
authorities should also be prepared to handle simultaneous demonstrations, which should be
facilitated and protected when possible.
71.
Fundamentally, law enforcement authorities should always be forthcoming and
genuinely cooperate with organizers, bearing in mind their duty to facilitate and protect
peaceful assemblies.
37
18
OAS/IACHR, Report on Citizen Security and Human Rights, 31 December 2009 (OEA/Ser.L/V/II),
para. 193.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents