A/HRC/22/28
been noted […], one of the major objectives and motives of the appellants was that the
woeful security inherent in the facility should be demonstrated in graphic terms.” 28
Good practices contributing to impartiality of the State
64.
The impartiality of the State has been identified by the National Human Rights
Commission of India as being of central importance in the exercise of the right of peaceful
protest. The Commission indicated how, in a variety of situations, a lack of impartiality
could adversely affect the right of peaceful protest. For example, the government in power
may encourage and even support pro-government demonstrations, but forbid, restrict or
disrupt peaceful protest by the political opposition and individuals or groups dissatisfied
with government policies and practices. A State may also target persons supporting subjects
that are viewed as controversial or incompatible with mainstream values or beliefs, or
inflict heavy fines on organizers, participants or opposition leaders who participate in such
protests, or subject them to detention or imprisonment. In extreme cases, governments may
commit serious human rights violations such as torture or ill treatment of persons in
custody, or try to obstruct medical care to those who are injured.
65.
A variety of good practices can contribute to addressing lack of impartiality by the
State. For instance, national human rights institutions can conduct investigations into a
State’s impartiality in a given instance and publicly report on their findings. The South
African Human Rights Commission, the Office of the Human Rights Defender of Poland
and the Office of the Ombudsman of Bulgaria reported that they play a role in monitoring
protests and engaging in dialogue with relevant stakeholders.
66.
Adverse decisions of administrative authorities, prohibiting or restricting peaceful
protest, should be appealable before independent and impartial bodies, including courts.
Media organizations should be allowed to carry out their work freely and to report without
restrictions on demonstrations. NGOs and human right defenders have a role to play in
monitoring peaceful assemblies and their policing,29 and observers from diplomatic
missions, regional and international organizations may also play a role in monitoring
demonstrations when the impartiality of the State is put into question. In this respect,
OSCE/ODIHR’s Handbook on Monitoring Freedom of Peaceful Assembly (2011) can be
used to build capacity.
The role of the media
67.
Reporters Without Borders stated that the media play a key role during peaceful
protests in promoting the full and effective exercise of the right to freedom of peaceful
assembly. It underlined that media coverage of demonstrations and public gatherings
represented one of the principal reasons for exactions against journalists, and noted an
increase in aggressions against journalists in 2011. Detention, questioning or convocation
by authorities have been used to restrain the free flow of information, as well as violence,
destruction of material, confiscation of recordings, assaults on media offices, expulsions or
denial of visas.
68.
It recommended that media coverage be recognized as an element of protection of
human rights in the context of peaceful protests; that the right to information should not be
conditioned on the holding of a press card or press accreditation; that States respect the
right to information and recognize the right of journalists to have access to places of public
protest, to film and interview; that they have respect for the physical security of journalists
28
29
New South Wales District Court, Regina v. Kirkwood et al., DCZ EF-C, judgement of 15 May 2002,
(unpublished), p. 5.
See A/HRC/20/27, para. 50.
15
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