A/HRC/20/27
42.
The Special Rapporteur stresses the importance of the regulatory authorities
providing assembly organizers with “timely and fulsome reasons for the imposition of any
restrictions, and the possibility of an expedited appeal procedure”.29 The organizers should
be able to appeal before an independent and impartial court, which should take a decision
promptly. In several States, the regulatory authority has the obligation to justify its decision
(e.g. Senegal and Spain). In Bulgaria, the organizer of an assembly may file an appeal
within three days of receipt of a decision banning an assembly; the competent
administrative court shall then rule on the ban within 24 hours, and the decision of the court
shall be announced immediately and is final. Similarly, in Estonia, a complaint may be filed
with an administrative court, which is required to make a decision within the same or next
day; the organizers may also launch a complaint with the Estonian Ombudsman.
(c)
Build and strengthen the human rights capacity of administrative and law enforcement
officials
43.
It is important that States ensure that administrative and law enforcement officials
are adequately trained in relation to the respect of the right to freedom of peaceful
assembly.
44.
In countries where a regime of authorization is in place, the Special Rapporteur
believes that administrative officials in charge of issuing authorizations should be subject to
oversight on a regular basis in order to make sure that they do not arbitrarily reject requests
to hold public assemblies (e.g. Slovenia). In this context, a workshop on the implementation
of the law on peaceful assembly for the attention of administrative officials in charge of
implementing the law was organized in Slovenia.
45.
The Special Rapporteur notes with satisfaction that, in most countries which
responded to the questionnaire, capacity-building activities on international human rights
law, and sometimes on international humanitarian law, are provided to law enforcement,
notably in police academies, and other authorities (e.g. Cote d‟Ivoire, Croatia, Cuba,
Estonia, Honduras, Germany, Guatemala, Iraq, Mexico, Morocco, Peru, Senegal, Spain,
Switzerland, United Kingdom and Uruguay). Such trainings were delivered in cooperation,
inter alia, with national human rights institutions (e.g. Denmark, Hungary, Indonesia, Iraq,
Malaysia, Mexico, Nepal, New Zealand, the Occupied Palestinian Territory, Paraguay,
United Republic of Tanzania and Uganda), the Office of the United Nations High
Commissioner for Human Rights (e.g. Mexico and Uganda), the OSCE/ODIHR (e.g.
Armenia and Bulgaria), the European Commission (e.g. Bulgaria), NGOs (e.g. Armenia,
Bulgaria, Canada, Croatia, Denmark, Malaysia and Serbia), universities (e.g. Morocco and
Mexico), and the International Committee of the Red Cross (Peru). The Special Rapporteur
stresses the need to provide regular follow-up trainings.
46.
Several good initiatives were brought to the attention of the Special Rapporteur,
which should be replicated. In Burkina Faso, a seminar on “public demonstration and
human rights: what strategy for a better collaboration between the different actors” was
conducted by the Ministry of Justice and the Promotion of Human Rights for the benefit of
security forces and NGOs. In Slovenia, training initiatives for law enforcements officials on
the use of non-lethal instruments of constraint (such as batons, tear gas and water canons)
when maintaining public order were delivered. In the United Kingdom, the police of several
counties appointed an independent human rights lawyer to advise them on the legality and
human rights implications of large-scale public order operations in relation to controversial
protests.
29
12
See submission by the OSCE/ODIHR Panel of Experts.
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