PART IV. POLICING SITUATIONS
peaceful protests by providing protestors with access to public space and protecting them, without discrimination, where necessary, against any form of threat and harassment, and underlines
the role of local authorities in this regard”.231
Law enforcement officials should therefore understand and appreciate the rights that apply during assemblies (right to freedom of assembly, association and freedom of expression), the obligations of States to fulfil these rights and what this means for their own role. They should have the
professional skills to facilitate assemblies in a fair and professional manner, in order to contribute to them remaining peaceful, and should refrain from provocative actions, and where there
are violent elements, contain these so that the rest of the assembly can continue peacefully. This
requires law enforcement officials to be well-trained, including on applicable human rights and
on crowd behaviour, well-instructed, and well-equipped with protective gear and less-lethal
instruments of force.232
ACCEPTING DISSENTING VOICES
Although there is no explicit “right to protest”, it has been underlined by many authoritative sources,
including the Human Rights Committee, the United Nations High Commissioner for Human Rights
and also the United Nations Special Rapporteurs on the rights of peaceful assembly and freedom of
association and on extrajudicial, summary or arbitrary executions, that participation in peaceful protests is an important form of exercise of the rights of peaceful assembly and freedom of expression.
In their 2016 joint report, the Special Rapporteurs on the rights to freedom of peaceful assembly
and of association and on extrajudicial, summary or arbitrary executions described the importance
of peaceful assemblies as follows:
“The ability to assemble and act collectively is vital to democratic, economic, social and personal development, to the expression of ideas and to fostering engaged citizenry. Assemblies
can make a positive contribution to the development of democratic systems and, alongside
elections, play a fundamental role in public participation, holding governments accountable
and expressing the will of the people as part of the democratic processes”a
The contents of the message of a peaceful assembly are not a relevant consideration in deciding the
policing response, provided it does not propagate for war or advocate for national, racial or religious
hatred that constitute incitement to discrimination, hostility or violence or acts aimed at the destruction of the rights and freedoms enshrined in international human rights law.b International human
rights law also protects expression that some may find shocking, offensive or disturbing.
a
See Report of the Special Rapporteur on the Rights to Freedom of Peaceful Assembly and of Association. A/HRC/20/27,
21 May 2012.
b
See Report of the Special Rapporteur on the Rights to Freedom of Peaceful Assembly and of Association. A/HRC/20/27,
21 May 2012, para. 18.
When policing assemblies, law enforcement officials at the scene should not be influenced by
their own views and opinions, agreement or disagreement with the message conveyed.
231
232
See A/HRC/25/38, 28 March 2014, para. 4.
See A/HRC/22/28, 21 January 2013, para. 23, A/HRC/31/66, para. 50-67.
107
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