A/HRC/RES/44/20
and the United Nations Office on Drugs and Crime, and the updated training package of the
Office of the High Commissioner on human rights law and law enforcement,
Recalling the importance of adequate training, equipment, oversight and
accountability for officials and private personnel exercising law enforcement duties assigned
to the management of assemblies, and of refraining, to the extent feasible, from assigning
military personnel to perform such duties, while reaffirming that the State’s international
obligations and commitments in relation to the use of force in the context of law enforcement
also apply to the military when it is performing law enforcement duties, and that private
personnel should respect internationally recognized standards,
Recognizing the critical role that law enforcement plays in respecting and protecting
human dignity and maintaining and upholding the human rights of all persons, including in
the facilitation of assemblies,
Taking note with appreciation of the guidance provided by the Special Rapporteur on
the rights to freedom of peaceful assembly and of association in the context of the COVID19 pandemic,1
Underlining that considerations such as the health risks posed by the COVID-19
pandemic should not be used to restrict human rights and fundamental freedoms, such as the
rights to freedom of peaceful assembly, of expression and of association, in an unnecessary
or disproportionate manner, and that any restriction of human rights guaranteed by
international instruments must fulfil the strict requirements laid down in those instruments,
1.
Takes note with appreciation of the thematic report of the United Nations High
Commissioner for Human Rights on the impact of new technologies on the promotion and
protection of human rights in the context of assemblies, 2 submitted in accordance with
Human Rights Council resolution 38/11;
2.
Expresses deep concern regarding the instances in which peaceful protests
have been met with repression, including the unlawful use of force by law enforcement
officials, the misuse of less-lethal weapons, arbitrary arrests and detention, torture and
enforced disappearance, as well as undue restrictions, such as Internet shutdowns and assaults
on protesters, bystanders, human rights defenders, journalists and other media workers;
3.
Recalls that States have the responsibility, including in the context of peaceful
protests, to promote and protect human rights and to prevent human rights violations and
abuses, including extrajudicial, summary or arbitrary executions, arbitrary arrest and
detention, enforced disappearances and torture and other cruel, inhuman or degrading
treatment or punishment, and calls upon States to avoid the abuse of criminal and civil
proceedings, or threats of such acts, at all times;
4.
Calls upon States to promote a safe and enabling environment for individuals
and groups to exercise their rights to freedom of peaceful assembly, of expression and of
association, both online and offline, including by ensuring that domestic legislation and
procedures relating to the rights to freedom of peaceful assembly, of expression and of
association are in conformity with their international human rights obligations and
commitments to clearly and explicitly establish a presumption in favour of the exercise of
these rights, and that they are effectively implemented;
5.
Also calls upon States to ensure that all human rights are respected, protected
and fulfilled also during emergencies, such as the COVID-19 pandemic, and that their
responses are in full compliance with their human rights obligations and commitments;
6.
Encourages all States to give due consideration to the compilation of practical
recommendations for the proper management of assemblies based on best practices and
lessons learned,3 which provides a useful tool for States on how to fulfil their obligations and
commitments, including on how to operationalize them in their domestic laws, procedures
1
2
3
4
Clément Voule, “States responses to Covid 19 threat should not halt freedoms of assembly and
association”, Office of the United Nations High Commissioner for Human Rights, 14 April 2020.
A/HRC/44/24.
A/HRC/31/66.
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