A/HRC/31/66
6.
Assemblies are also an instrument through which other social, economic, political,
civil and cultural rights can be expressed, meaning they play a critical role in protecting and
promoting a broad range of human rights. They can be instrumental in amplifying the
voices of people who are marginalized or who present an alternative narrative to established
political and economic interests. Assemblies present ways to engage not only with the
State, but also with others who wield power in society, including corporations, religious,
educational and cultural institutions, and with public opinion in general.
7.
The full and free exercise of the right to freedom of peaceful assembly is possible
only where an enabling and safe environment for the general public, including for civil
society and human rights defenders, exists and where access to spaces for public
participation is not excessively or unreasonably restricted. Barriers to forming and
operating associations, weak protection from reprisals for those exercising and defending
human rights, excessive and disproportionate punishments for violations of the law, and
unreasonable restrictions on the use of public spaces all negatively affect the right to
freedom of peaceful assembly.
8.
The proper management of assemblies requires the protection and enjoyment of a
broad range of rights by all the parties involved. Those who take part in assemblies have a
number of protected rights, including the rights to: freedom of peaceful assembly,
expression, association and belief; participation in the conduct of public affairs; bodily
integrity, which includes the rights to security, to be free from cruel, inhuman or degrading
treatment or punishment, and to life; dignity; privacy; and an effective remedy for all
human rights violations.
9.
Even if participants in an assembly are not peaceful and as a result forfeit their right
to peaceful assembly, they retain all the other rights, subject to the normal limitations. No
assembly should thus be considered unprotected.
10.
An “assembly”, generally understood, is an intentional and temporary gathering in a
private or public space for a specific purpose, and can take the form of demonstrations,
meetings, strikes, processions, rallies or sit-ins with the purpose of voicing grievances and
aspirations or facilitating celebrations (see A/HRC/20/27, para. 24). Even sporting events,
music concerts and other such gatherings can potentially be included. While an assembly is
defined as a temporary gathering, this may include long-term demonstrations, including
extended sit-ins and “occupy”-style manifestations. Although an assembly has generally
been understood as a physical gathering of people, it has been recognized that human rights
protections, including for freedom of assembly, may apply to analogous interactions taking
place online.
11.
The focus of the recommendations is on assemblies that express a common position,
grievance, aspiration or identity and that diverge from mainstream positions or challenge
established political, social, cultural or economic interests. In adopting this approach, the
special rapporteurs have been guided by the language used in Human Rights Council
resolution 25/38, in which the Council refers specifically to the promotion and protection of
human rights in the context of peaceful protests. It should be noted, however, that none of
the rights enjoyed by the participants of an assembly are in any way contingent upon the
political, or other, content of that assembly’s expression.
12.
In the resolution the Council requests the special rapporteurs to focus on assemblies,
and does not confine those to peaceful assemblies. As a result, both peaceful and nonpeaceful assemblies are covered in the present report.
13.
States have an obligation not only to refrain from violating the rights of individuals
involved in an assembly, but to ensure the rights of those who participate or are affected by
them, and to facilitate an enabling environment. The management of assemblies thus
4
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents