A/HRC/RES/44/20
exercise may be subject to certain restrictions, in accordance with States’ obligations under
applicable international human rights instruments,
Recognizing also that any such restrictions must be based in law, and be necessary
and proportionate to further a legitimate aim, in accordance with the State’s obligations under
applicable international human rights instruments, and that, if imposed, administrative or
judicial review that is prompt, competent, independent and impartial should be available,
Reaffirming that emergency measures taken by Governments in response to the
coronavirus disease (COVID-19) pandemic must be necessary, proportionate to the evaluated
risk and applied in a non-discriminatory way, have a specific focus and duration, and be in
accordance with the State’s obligations under applicable international human rights law,
Recalling that States have the primary responsibility for the promotion and protection
of human rights and fundamental freedoms, including in the context of assemblies such as
peaceful protests, and to ensure that national legislation, policies and practices, as the national
framework for the exercise of the rights to freedom of peaceful assembly, of expression and
of association, are in compliance with their international human rights obligations and
commitments,
Noting that the proper management of assemblies involves and can have an impact on
respect for human rights before, during and after an assembly, and aims to contribute to its
peaceful conduct and to prevent injuries to and loss of life of those participating in and
monitoring such protests, and bystanders and officials exercising law enforcement duties,
Acknowledging that peaceful protests may occur in all societies, including protests
that are spontaneous, simultaneous, unauthorized or restricted,
Acknowledging also that participation in peaceful protests can be an important form
of exercising the rights to freedom of peaceful assembly, of expression, of association and of
participation in the conduct of public affairs,
Recognizing that peaceful protests can make a positive contribution to the
development, strengthening and effectiveness of democratic systems and to democratic
processes, including elections and referendums,
Recognizing also that peaceful protests have historically played a constructive social
and political role in the development of more just and accountable societies, and that such
protests can continue to make a positive contribution to human development and to the full
enjoyment of civil, political, economic, social and cultural rights,
Reaffirming that everyone has the right to life, liberty and security of person,
Reaffirming also that participation in public and peaceful protests should be entirely
voluntary and uncoerced,
Recalling that the rights to freedom of peaceful assembly, of expression and of
association include organizing, participating in, observing, monitoring and recording
assemblies,
Stressing therefore that everyone, including persons espousing minority or dissenting
views or beliefs, must be able to express their grievances or aspirations in a peaceful manner,
including through public protests, without fear of reprisal or of being intimidated, harassed,
injured, sexually assaulted, beaten, arbitrarily arrested or detained, tortured, killed or
subjected to enforced disappearance, or subjected to abusive criminal or civil proceedings,
Deeply concerned about extrajudicial, summary or arbitrary executions, arbitrary
arrests and detention, enforced disappearances, and torture and other cruel, inhuman or
degrading treatment or punishment of persons exercising their rights to freedom of peaceful
assembly, of expression and of association in all regions of the world,
Deeply concerned also about misinformation, disinformation, misuse of new
technologies and undue restrictions preventing or impairing an individual’s ability to have
access to or disseminate information, inter alia, at key political moments, with an impact on
the ability to organize and conduct assemblies,
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