Guidelines on Freedom of Peaceful Assembly. Furthermore, as stipulated in the
Guidelines, “domestic laws should also be drafted, interpreted and implemented
in conformity with relevant international and regional jurisprudence and good
practice”.232 As such, participating States are encouraged to seek the expertise
of international bodies that specialize in legislative review, such as OSCE/ODIHR
and the Venice Commission of the Council of Europe, and to implement opinions
and recommendations of these and other human rights mechanisms, including the
Council of Europe Commissioner for Human Rights, the UN Special Rapporteur on
the rights to freedom of peaceful assembly and of association and the UN Special
Rapporteur on the situation of human rights defenders.
164. Application of legal regulations and procedural issues: Participating States
should actively promote the full enjoyment of the right to freedom of peaceful
assembly by human rights defenders. Assemblies should be presumed permissible
unless they constitute acts that are expressly prohibited by laws, which in turn
must be in full compliance with international standards. The exercise of this right
should not be subject to prior authorization by the authorities. Instead, prior notification of the assembly should suffice to enable the authorities “to prepare and
make adequate arrangements that might be necessary in order to ensure the maintenance, protection and promotion of the right of assembly”.233 The notification
procedure, where required, should be simple and expeditious. It should narrowly
define when and how the authorities can prevent an assembly from taking place to
ensure that it does not become a de facto authorization procedure. If the authorities do not promptly present any objections to a notification, the organizers of a
public assembly should be able to proceed with their activities according to the
terms presented in their notification and without restriction.234
165. In practice, however, some participating States place considerable limitations on
the right to freedom of peaceful assembly by imposing unwarranted restrictions
and employing various tactics to obstruct assemblies. As a result, human rights
defenders seeking to organize public meetings, marches and demonstrations in
favour of equal rights for minority or marginalized groups or for conveying messages that are critical of the authorities are often denied permission or otherwise
232 Ibid. para. 12.
233 OSCE/ODIHR-Venice Commission, “Joint opinion on the Draft Law on Peaceful Assemblies of the Kyrgyz
Republic”, CDL-AD (2010)050, para. 13.
234 OSCE/ODIHR-Venice Commission Guidelines, para. 4.1.
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Guidelines on the Protection of Human Rights Defenders
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