A/HRC/31/66
principle of maximum disclosure, establishing a presumption that information is accessible,
subject only to a narrow system of exceptions.54
81.
Exceptions to the right to information should be carefully tailored to protect
overriding public and private interests, including privacy. Exceptions should apply only
where there is a risk of substantial harm to the protected interest and where that harm is
greater than the overall public interest in having access to the information. 55 The onus
should be on the public authority to demonstrate that the information falls within the scope
of an exception.56 Its decisions must be subject to oversight and review.
82.
Practical recommendations:
(a)
States should proactively disseminate key information relating to the
management of assemblies. Such information should include: laws and regulations
relating to the management of assemblies; information regarding the responsibilities
and procedures of agencies and bodies that manage assemblies; standard operating
procedures and policies, including codes of conduct, governing the policing of
assemblies; the types of equipment routinely used in policing assemblies; information
on the training of law enforcement officers; and information on how to access
accountability processes;
(b)
States should enact comprehensive legislation, for example freedom of
information acts, to facilitate public access to information, based upon the principle of
maximum disclosure. States should manage information so that it is comprehensive
and easily retrieved, and should respond promptly and fully to all requests for
information;
(c)
States should establish an effective oversight mechanism that has, inter
alia, the power to receive and investigate complaints and to make binding orders for
the release of information where it finds in favour of the applicant or complainant.
I.
Business enterprises have a responsibility to respect human rights
in the context of assemblies
83.
Business enterprises have a responsibility to respect human rights, including in the
context of assemblies. This requires that businesses avoid causing or contributing to
adverse human rights impacts through their own activities, and address adverse human
rights impacts in which they are involved. 57 This extends to impacts that are directly linked
to the operations, products or services of a business, such as where a business supplies lesslethal weapons or equipment or surveillance technologies which are used in the policing of
assemblies.
84.
The trend towards the privatization of public places, such as shopping malls,
pedestrian precincts and squares, means that assemblies commonly occur on property
owned by business enterprises, sometimes referred to as privately owned public space.
While private landowners generally have the right to determine who may access their
54
55
56
57
Joint declaration by the United Nations Special Rapporteur on the promotion and protection of the
right to freedom of opinion and expression, the OSCE Representative on Freedom of the Media and
the OAS Special Rapporteur for Freedom of Expression on access to information (6 December 2004).
Ibid.
Ibid.
Principles 11 and 13 (a) of the Guiding Principles on Business and Human Rights: Implementing the
United Nations “Protect, Respect and Remedy” Framework (A/HRC/17/31), annex.
19
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