A/HRC/17/28*
B.
The mandate of the Special Rapporteur in protecting the right to life in
the context of assemblies
24.
The mandate of the Special Rapporteur on extrajudicial, summary or arbitrary
executions centres on the right to life. In its resolution 1996/74, the Commission on Human
Rights requested the Special Rapporteur, in carrying out his mandate, to, inter alia,
“continue to pay special attention […] to allegations concerning violations of the right to
life in the context of violence against participants in demonstrations and other peaceful
public manifestations” (para. 7(d)).
25.
An important part of the motivation for the establishment of the mandate was to curb
instances where State power is used to eliminate political opponents. One way in which this
occurs is the use of excessive force by law enforcement officers, prompted by the belief
that it is expected of them, in curbing political demonstrations. However, the mandate is
also invoked when lives are placed in danger during such situations, for any other reason.
26.
In 2007, the Special Representative of the Secretary-General on human rights
defenders submitted a comprehensive report on the right to protest from the perspective of
human rights defenders. 5 In his 2009 Report to the Human Rights Council, the Special
Rapporteur on extrajudicial, summary or arbitrary executions indicated that a study on the
use of deadly force during demonstrations would be undertaken by the mandate. 6
27.
The Special Rapporteur has frequently addressed arbitrary deprivation of life in the
context of policing assemblies. During the period under review approximately 10 per cent
of the communications sent by the mandate holder to States dealt with this topic.
C.
Applicable international legal standards
28.
The norms regarding the rights and duties in policing protests are to be found in
international law (on both the global and regional level), and also in domestic law. 7
29.
While international law primarily makes a distinction in terms of the level of
protection provided in peaceful and violent demonstrations, domestic law often draws the
line between lawful and unlawful gatherings. This suggests that the pre-occupation of
international law is to ensure peace, while national law has a stronger focus on law
enforcement.
30.
International standards are often stated in general and aspirational terms, and are not
necessarily applicable word-for-word at the domestic level, where greater detail and
precision are required.
Freedom of assembly
31.
Assembly plays a facilitating role in respect of other rights. In many instances,
public protest has been the vehicle through which a wide range of human rights have gained
entry into the global human rights project. Protest is a tool primarily used by opposition and
minority groups.
32.
If freedom of assembly is to play its role as a mechanism that provides a platform to
those who would otherwise not be able to make their point, it follows that it should not be
5
6
7
A/62/225; see also A/61/312.
A/HRC/11/2, paras. 64–65.
See Ralph Crawshaw et al., Human rights and policing, 2nd rev. ed. (Leiden, Martinus Nijhoff,
2007).
7
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