A/HRC/31/66 (d) Laws should provide access to administrative remedies. However, exhaustion of administrative remedies should not be a prerequisite for an organizer to seek judicial review. D. States shall facilitate the exercise of the right of peaceful assembly 37. The positive obligation of the State to ensure rights requires that authorities facilitate assemblies. States should plan properly for assemblies, which requires the collection and analysis of information, anticipation of different scenarios and proper risk assessments. Transparent decision-making is central to the process of planning and facilitating assemblies and in ensuring that any action taken by law enforcement is proportionate and necessary. Contingency plans and precautionary measures must also be put in place. Proper planning and preparation requires continuous monitoring of activities and should be adaptable to changing circumstances. 38. The proper facilitation of assemblies also benefits from effective communication and collaboration among all relevant parties (see A/HRC/17/28, para. 119). Open dialogue between authorities (including the authority responsible for receiving notices and law enforcement officials) and, where identifiable, assembly organizers before, during and after an assembly enables a protective and facilitative approach to be taken, helping to defuse tension and prevent escalation.26 Law enforcement agencies and officials should take all reasonable steps to communicate with assembly organizers and/or participants regarding the policing operation and any safety or security measures. 27 Communication is not limited to verbal communication and law enforcement officials must be trained on the possible impact of any indirect communication that may be perceived by organizers and participants as intimidation, for example, the presence or use of certain equipment and the body language of officials. 39. Effective communication depends on a relationship of trust. Law enforcement agencies should continually work on strategies to build trust with the communities they serve. The demographic makeup of law enforcement agencies should be representative of the whole community. There should be a free flow of information before and throughout assemblies, and all relevant parties should be informed of any changes in context and circumstance. Communication and dialogue by assembly organizers and participants must be entirely voluntary, and must not formally or informally impose on organizers an obligation to negotiate the time, place or manner of the assembly with the authorities. Such requirements would be tantamount to restricting the planned assembly (see A/HRC/23/39, para. 56). 40. The State’s obligation to facilitate includes the responsibility to provide basic services, including traffic management, medical assistance 28 and clean-up services.29 Organizers should not be held responsible for the provision of such services, nor should they be required to contribute to the cost of their provision. 26 27 28 29 10 Geneva Academy of International Humanitarian Law and Human Rights, Facilitating Peaceful Protests (2014), p. 16. See European Court of Human Rights, Frumkin v. Russia, application No. 74568/12, 5 January 2016, paras. 127-128. See principle 5 of the Basic Principles on the Use of Force and Firearms by Law Enforcement Officials. OSCE/ODIHR, Guidelines, para. 32.

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