A/HRC/31/66
(d)
States should provide the necessary support to, and sufficient oversight
of, the authorities involved in the management of assemblies, at all levels of
government. This includes sufficient training and necessary financial and human
resources;
(e)
Political and other leaders should publicly recognize that there is room
for differences of opinion and promote a culture of tolerance.
B.
Every person has the inalienable right to take part in peaceful
assemblies
18.
Because international law recognizes an inalienable right to take part in peaceful
assemblies, it follows that there is a presumption in favour of holding peaceful assemblies.
Assemblies should be presumed lawful, subject to the permissible limitations set out in
article 21 of the International Covenant on Civil and Political Rights.8 The protection of the
right to freedom of peaceful assembly extends only to those assemblies that are peaceful. In
determining whether an assembly is protected under this right, the peacefulness of an
assembly should be presumed,9 and a broad interpretation of the term “peaceful” should be
afforded.10 Regard must be given to the manner in which the assembly is held and to the
intentions of the participants.
19.
The right to freedom of peaceful assembly includes the right to plan, organize,
promote and advertise an assembly in any lawful manner. Any restrictions on such
activities should be considered as a prior restriction on the exercise of the right. Restrictions
on freedom of association and of expression may also effectively serve as a restriction on
freedom of peaceful assembly.
20.
The right to freedom of peaceful assembly is held by each individual participating in
an assembly. Acts of sporadic violence or offences by some should not be attributed to
others whose intentions and behaviour remain peaceful in nature. 11
21.
Freedom of peaceful assembly is a right and not a privilege and as such its exercise
should not be subject to prior authorization by the authorities. State authorities may put in
place a system of prior notification, where the objective is to allow State authorities an
opportunity to facilitate the exercise of the right, to take measures to protect public safety
and/or public order and to protect the rights and freedoms of others. Any notification
procedure should not function as a de facto request for authorization or as a basis for
content-based regulation. Notification should not be expected for assemblies that do not
require prior preparation by State authorities, such as those where only a small number of
participants is expected, or where the impact on the public is expected to be minimal.
22.
Any notification procedure(s) should not be overly bureaucratic, and should be
subject to a proportionality assessment.12 The notice period should not be unreasonably
long, but must allow sufficient time for relevant authorities to prepare appropriately for the
assembly. The notification procedure should be free of charge (see A/HRC/23/39, para. 57)
and widely accessible.
8
9
10
11
12
6
See A/HRC/23/39, para. 50, and OSCE, Guidelines, para. 30.
See A/HRC/20/27, para. 26, and A/HRC/23/39, para. 50.
Manfred Nowak, UN Covenant on Civil and Political Rights: CCPR Commentary (Kehl am Rhein,
Engel, 2005), p. 487.
European Court of Human Rights, Ziliberberg v. Moldova, application No. 61821/00, 4 May 2004.
See A/HRC/20/27, para. 28, and Inter-American Commission on Human Rights, Second Report on
the Situation of Human Rights Defenders in the Americas (2011), para. 137.
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