A/HRC/22/28
30.
Similarly, the constitutions of Bulgaria, Guatemala, Panama, Paraguay and
Venezuela (Bolivian Republic of) protect the right to peaceful assembly and demonstration,
while explicitly stressing that this right should be exercised without recourse to “arms”. The
constitutions of Qatar and Bahrain protect the right to peaceful assembly, and both States
have also adopted national legislation banning the use of arms during assemblies.
31.
Serbia indicated that the right to peaceful assembly is laid down in its Constitution
and that during peaceful protests, citizens’ rights to freedom of thought and expression are
protected. Mauritius stated that peaceful protests are protected by two different
constitutional provisions: the right to freedom of expression and the right to freedom of
assembly and association.
32.
The Estonian Constitution states that everyone has the right, without prior
permission, to assemble peacefully and hold meetings. However, it also provides for
restriction to this right pursuant to a procedure provided by law to ensure national security,
public order, morals, traffic safety and the safety of participants in a meeting, or to prevent
the spread of an infectious disease.13
33. Guatemala reported that the right to peaceful assembly may be restricted in certain
cases established in the Law on Public Order, taking into account the provisions of article
21 of the International Covenant on Civil and Political Rights. In order to ensure peace,
security and the effective implementation of human rights, the Civil Security Forces
Support Act regulates the support provided by the Guatemalan armed forces to civil
security forces when working to prevent and combat organized and minor crimes.14 In
November 2012, a Protocol on Inter-agency Action: Military Support to Civil Security
Forces, specifying the legal framework for assistance, cooperation and coordination
between the Guatemalan armed and civil security forces, was adopted.15
B.
Measures and best practices
Prior notification and authorization
34.
While some States do not require any prior notification or prior authorization to hold
peaceful demonstrations, others may require one or the other. In certain situations, prior
notification or authorization is only required if the organizers intend to use public roads or
public areas, or when special facilities, such as stands or barriers, may have to be erected
for the demonstration.
35.
Similarly, States diverge on approaches to spontaneous peaceful protests. Some
States which require prior notification or authorization may ban such demonstrations,
others may allow them, or others still may allow the demonstration even if it contravenes
legal requirements rergarding prior notification or authorization.
36.
In Azerbaijan, notification must include the name, purpose, place and date of the
event, the approximate number of participants, and if a street march is held, its proposed
route, including starting place, distance and destination, as well as the name and contact
information of the organizers. However, spontaneous demonstrations or protests do not
require written notification, but can be restricted or stopped.16
13
14
15
16
Estonia, Constitution (1992), art. 47.
Guatemala, Act on the Support to Civil Security Forces, Decree No. 40-2000 of 16 June 2000.
Guatemala, Protocol on Inter-agency Action: Military Support to Civil Security Forces, Government
order No. 285-2012 of 6 November 2012.
Azerbaijan, Law on Freedom of Assemblies of 22 February 2008, arts. 3 and 12.
9
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