A/HRC/31/66
(d)
Laws should provide access to administrative remedies. However,
exhaustion of administrative remedies should not be a prerequisite for an organizer to
seek judicial review.
D.
States shall facilitate the exercise of the right of peaceful assembly
37.
The positive obligation of the State to ensure rights requires that authorities facilitate
assemblies. States should plan properly for assemblies, which requires the collection and
analysis of information, anticipation of different scenarios and proper risk assessments.
Transparent decision-making is central to the process of planning and facilitating
assemblies and in ensuring that any action taken by law enforcement is proportionate and
necessary. Contingency plans and precautionary measures must also be put in place. Proper
planning and preparation requires continuous monitoring of activities and should be
adaptable to changing circumstances.
38.
The proper facilitation of assemblies also benefits from effective communication
and collaboration among all relevant parties (see A/HRC/17/28, para. 119). Open dialogue
between authorities (including the authority responsible for receiving notices and law
enforcement officials) and, where identifiable, assembly organizers before, during and after
an assembly enables a protective and facilitative approach to be taken, helping to defuse
tension and prevent escalation.26 Law enforcement agencies and officials should take all
reasonable steps to communicate with assembly organizers and/or participants regarding
the policing operation and any safety or security measures. 27 Communication is not limited
to verbal communication and law enforcement officials must be trained on the possible
impact of any indirect communication that may be perceived by organizers and participants
as intimidation, for example, the presence or use of certain equipment and the body
language of officials.
39.
Effective communication depends on a relationship of trust. Law enforcement
agencies should continually work on strategies to build trust with the communities they
serve. The demographic makeup of law enforcement agencies should be representative of
the whole community. There should be a free flow of information before and throughout
assemblies, and all relevant parties should be informed of any changes in context and
circumstance. Communication and dialogue by assembly organizers and participants must
be entirely voluntary, and must not formally or informally impose on organizers an
obligation to negotiate the time, place or manner of the assembly with the authorities. Such
requirements would be tantamount to restricting the planned assembly (see A/HRC/23/39,
para. 56).
40.
The State’s obligation to facilitate includes the responsibility to provide basic
services, including traffic management, medical assistance 28 and clean-up services.29
Organizers should not be held responsible for the provision of such services, nor should
they be required to contribute to the cost of their provision.
26
27
28
29
10
Geneva Academy of International Humanitarian Law and Human Rights, Facilitating Peaceful
Protests (2014), p. 16.
See European Court of Human Rights, Frumkin v. Russia, application No. 74568/12, 5 January 2016,
paras. 127-128.
See principle 5 of the Basic Principles on the Use of Force and Firearms by Law Enforcement
Officials.
OSCE/ODIHR, Guidelines, para. 32.
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