A/HRC/19/40
law, and the improvement of democracy. Fundamentally, human beings aspired to the
same, i.e. a better life, through the recognition of their inherent dignity and their equal and
inalienable rights, and better conditions for their social and material development.
42.
It was further stressed that the issue of peaceful protests was not confined to major
political demonstrations that expressed fundamental discontent with the Government in
power. At the local level, the peaceful protests of the poorest who were victims of land
evictions and large development projects which harmed their health or who denounced
officials’ corruption did not attract the same attention.
43.
Many delegations also mentioned that peaceful protests were an opportunity for
Governments to enter into an open and constructive national dialogue with a view to
preserving democracy, peace and security, highlighting the responsibility of Member States
to earnestly listen to and address peoples’ legitimate concerns and aspirations. In that
regard, the importance of improving dialogue was widely acknowledged. Peaceful protests
were an opportunity to tackle root causes such as inequalities, discrimination, corruption
and obstacles to effective participation in political debate. In that context, the importance of
promoting a culture of non-violence and peace was mentioned.
44.
One delegation, however, noted that it should not be taken for granted that a protest
always reflected the opinion of society as a whole (vox populi) as protestors were
sometimes guided by personal political goals.
45.
The majority of delegations stressed the primary responsibility of States to promote
and protect human rights and fundamental freedoms of individuals, including women and
the youth, taking part in peaceful assemblies. Guaranteeing human rights in the context of
peaceful protests was at the essence of democratic participation and violence against
peaceful protestors was an attempt against democracy which could threaten international
peace and security.
46.
Some delegations stated that Member States must strike a balance between the
promotion and protection of human rights in the context of peaceful protests and the
necessity to maintain public order and safety. In that context, delegations recalled that
Member States had duties to take necessary measures to maintain public security, public
order and social stability, in accordance with domestic law and international law obligations
by which they were bound. To that end, the rights to freedom of expression and of peaceful
assembly could be subjected to certain restrictions imposed in conformity with the law and
which were necessary in a democratic society in the interest of national security or public
safety, public order, the protection of public health or morals or the protection of the rights
and freedoms of others. Furthermore, exercising human rights and fundamental freedoms
could not be interpreted as implying for any State, group or person any right to engage in
any activity or to perform any act aimed at the destruction of human rights. For some
delegations, one of the main challenges lay in the capacity of demonstrators and law
enforcement officials to refrain from committing any violent act detrimental to the effective
enjoyment of human rights. In that connection, the infiltration into peaceful protests of
subversive elements was mentioned as requiring greater vigilance. To that end, the need for
Member States and international organizations to be precise when collecting information on
peaceful protests was pointed out.
47.
Other delegations, while acknowledging the existence of restrictions to the right to
freedom of peaceful assembly, stressed that they must pass the proportionality test and be
reduced to a strict minimum, and recalled the existence of non-derogable rights in that
context: the right to life and the right to be free from torture and other forms of cruel,
inhuman or degrading treatment or punishment. The loss of life in the context of peaceful
protest was unjustifiable, and the State’s duty to guarantee the right to life in that context
was greater than its duty to maintain order. Fundamentally, the use of discretionary powers
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