frequently cited to justify restrictions include disruptions to pedestrian and vehicular traffic and to commercial or other daily activities. It should be underscored
that “location is one of the key aspects of freedom of assembly”, and that participants in public assemblies have as much of a claim to use central and accessible
public spaces, such as parks, squares, streets, roads, avenues and sidewalks, for a
reasonable period as anyone else.239
168. Such practices to keep assemblies away from the “sight and sound” of their tar-
get audience are sometimes coupled with tactics to obstruct the exercise and full
enjoyment of the right to freedom of peaceful assembly, including, but not limited
to, blocking transport routes for people to reach the assembly, stopping, detaining
or intimidating participants on their way to the assembly, or restricting access to
the Internet and mobile telephone services that organizers and participants use
to co-ordinate prior and during an assembly. Participation in assemblies must
not be obstructed, nor should the organizers be discouraged from holding their
assemblies.
169. T he blanket application of legal restrictions on assemblies – for example, banning
all demonstrations from being held at certain times, in particular locations or in
public spaces that are suitable for holding assemblies – would fail the proportionality test, as such restrictions do not take account of the circumstances of each
individual case.240 Participating States should therefore remove such prohibitions
from law and practice and give due consideration to the specific circumstances of
each assembly.
170. Pursuant to Article 12 (2) of the Declaration on Human Rights Defenders, partici-
pating States “shall take all necessary measures to ensure protection by the competent authorities of everyone, individually and in association with others, against
any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action” as a consequence of the legitimate exercise
of the right to freedom of peaceful assembly. The right to freedom of peaceful
assembly on issues that are perceived to challenge traditional values, or which
aim to contest extreme political views must be equally protected. Such assemblies
include, but are not limited to, demonstrations to counter racism, xenophobia and
intolerance, for example, towards persons belonging to national minorities, ethnic or religious groups, Roma and Sinti, refugees and migrants and LGBTI pride
marches. As emphasized by the UN Special Rapporteur on the rights to freedom
of peaceful assembly and of association, “the ability to hold such assemblies has
proven particularly crucial for groups most at risk of violations and discrimination
enabling them to address their often desperate plight in a meaningful manner”.241
Furthermore, it should be reiterated that individuals and groups, including reg239 “Opinion on the Act on the Regulation of Public Meetings, Marches, Rallies, Demonstrations and Assemblies” in Tunisia, OSCE/ODIHR, FOA-TUN/218/2012, para. 56.
240
OSCE/ODIHR-Venice Commission Guidelines, para. 43.
241 A/HRC/23/39, 24 April 2013, para. 80.
82
Guidelines on the Protection of Human Rights Defenders
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