A/HRC/RES/38/11
Expressing its concern at the criminalization, in all parts of the world, of individuals
and groups solely for having organized, taken part in or observed, monitored or recorded
peaceful protests,
Stressing that peaceful protests should not be viewed as a threat, and therefore
encouraging all States to engage in an open, inclusive and meaningful dialogue when
dealing with peaceful protests and their causes,
Recalling that isolated acts of violence committed by others in the course of a
protest do not deprive peaceful individuals of their rights to freedom of peaceful assembly,
of expression and of association,
Bearing in mind that assemblies can be facilitated on the basis of communication
and collaboration among organizers, protesters, local authorities and officials exercising
law enforcement duties,
Recognizing that national human rights institutions and representatives of civil
society, including non-governmental organizations, can play a useful role in facilitating
continued dialogue between individuals taking part in peaceful protests and the relevant
authorities,
Stressing the need to ensure full accountability for human rights violations or abuses
in the context of peaceful protests,
Recalling the Code of Conduct for Law Enforcement Officials and the Basic
Principles on the Use of Force and Firearms by Law Enforcement Officials,
Encouraging all States to make appropriate use of the Resource book on the use of
force and firearms in law enforcement published by the Office of the United Nations High
Commissioner for Human Rights and the United Nations Office on Drugs and Crime, and
the updated training package of the Office of the High Commissioner on human rights law
and law enforcement,
Recalling the importance of adequate training for officials exercising law
enforcement duties assigned to the management of assemblies, and of refraining, to the
extent feasible, from assigning military personnel to perform such duties,
1.
Recalls that States have the responsibility, including in the context of
peaceful protests, to promote and protect human rights and to prevent human rights
violations and abuses, including extrajudicial, summary or arbitrary executions, arbitrary
arrest and detention, enforced disappearances and torture and other cruel, inhuman or
degrading treatment or punishment, and calls upon States to avoid the abuse of criminal and
civil proceedings, or threats of such acts at all times;
2.
Calls upon States to promote a safe and enabling environment for individuals
and groups to exercise their rights to freedom of peaceful assembly, of expression and of
association, including by ensuring that domestic legislation and procedures relating to the
rights to freedom of peaceful assembly, of expression and of association are in conformity
with their international human rights obligations and commitments, to clearly and explicitly
establish a presumption in favour of the exercise of these rights, and that they are
effectively implemented;
3.
Encourages all States to give due consideration to the compilation of
practical recommendations for the proper management of assemblies based on best
practices and lessons learned,1 which provides a useful tool for States on how to fulfil their
obligations and commitments, including on how to operationalize them in their domestic
laws, procedures and practices, and to promote and protect human rights in the context of
assemblies, including peaceful protests;
4.
Calls upon States to facilitate peaceful protests by providing protestors, to the
extent possible, with access to public space within sight and sound of their intended target
1
See A/HRC/31/66.
3
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents