A/HRC/31/66
31.
When a State invokes national security and protection of public order to restrict an
assembly, it must prove the precise nature of the threat and the specific risks posed.22 It is
not sufficient for the State to refer generally to the security situation. National, political or
government interest is not synonymous with national security or public order.
32.
Assemblies are an equally legitimate use of public space as commercial activity or
the movement of vehicles and pedestrian traffic.23 Any use of public space requires some
measure of coordination to protect different interests, but there are many legitimate ways in
which individuals may use public spaces. A certain level of disruption to ordinary life
caused by assemblies, including disruption of traffic, annoyance and even harm to
commercial activities, must be tolerated if the right is not to be deprived of substance. 24
33.
Participants in assemblies are free to choose and express the content of their
message. Restrictions on the content of assemblies may be imposed only in conformity with
the legitimate limitations on rights outlined above, for example, where the message
advocates national, racial or religious hatred that constitutes incitement to discrimination,
hostility or violence. Where a content-based restriction is justified, authorities should take
the least intrusive and restrictive measures to address the issue.
34.
“Time, place and manner” restrictions refer to prior restrictions regarding when,
where and how an assembly may be conducted. Such restrictions should never be used to
undermine the message or expressive value of an assembly or to dissuade the exercise of
the right to freedom of assembly.
35.
The onus of justifying a limitation rests with the authority. If any restriction is
imposed there should be an option for organizers to seek judicial review and, where
relevant, administrative review, that is prompt, competent, independent and impartial. 25
36.
Practical recommendations:
(a)
Laws governing State conduct in relation to assemblies should be drafted
unambiguously and should incorporate legality, necessity and proportionality tests.
Laws should state clearly the body with authority and responsibility for receiving and
responding to notifications, which should be independent of undue interference. This
body should not be granted excessive discretion: the criteria upon which it can impose
restrictions should be publicly available and must accord with international human
rights law and standards;
(b)
Proposed restrictions should be put in writing, justified and
communicated to the organizers, including the justification for the restriction,
allowing an opportunity for the organizers to make submissions and to respond to any
proposed restriction;
(c)
Proposed restrictions should be communicated in a time frame
prescribed by law, allowing sufficient time for an appeal — or urgent interim relief —
to be completed before the proposed time of the assembly;
22
23
24
25
See Human Rights Committee, communication No. 1119/2002, Lee v. the Republic of Korea, Views
adopted on 20 July 2005, para. 7.3.
See A/HRC/20/27, para. 41, and ODIHR/OSCE Guidelines, para. 20.
European Court of Human Rights, Kuznetsov v. Russia, application No. 10877/04, 23 October 2008,
para. 44, and Inter-American Commission on Human Rights, Report on Citizen Security and Human
Rights, para. 197.
Human Rights Council resolution 25/38; see also A/HRC/20/27, para. 42.
9
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents