Freedom of Expression
Press release 204/22
States must protect peaceful assembly
during emergency situations: UN and regional experts
GENEVA, WASHINGTON D.C. (15
September 2022) – States have an obligation to respect and protect peaceful assemblies
during crisis and emergency situations, UN and regional
human rights experts urged in a joint declaration.
On World Democracy Day and ahead
of the International Day of Peace, the UN Special Rapporteur on the rights to
freedom of peaceful assembly and of association, along with experts from the
African Commission on Human and Peoples' Rights (ACHPR), the Inter-American
Commission on Human Rights (IACHR), and the OSCE Office for Democratic
Institutions and Human Rights (ODIHR) raised concerns about the increasing use
of crisis situations and declarations of the state of emergency to suppress
peaceful assemblies around the world. The experts called on States to respect,
protect, and facilitate peaceful assembly in times of emergencies.
"States must, at all times, respect the people’s
rights to assemble and communicate their grievances, express opposition,
challenge policies and advance ideas. Only by inclusion of the plurality of
voices, can democracy thrive, and more sustainable solutions to ongoing and
emerging crises be found," the experts said.
The world is facing compounding crises
stemming from intensifying political instability, security challenges and armed
conflicts, as well as health and environmental emergencies. In the face of
these emergencies, States often perceived assemblies as a threat and take undue
measures to repress them and silence dissent, as the UN Special Rapporteur on
the rights to freedom of peaceful assembly and of association previously
highlighted in his recent report to the
Human Rights Council.
In the joint declaration, the experts
further urged States to refrain from the stigmatization of individuals taking
part in assemblies. States should further abstain from subjecting activists to
arbitrary arrest and detention, killing, and sexual abuse, and from employing violence
to suppress peaceful protests.
The experts stressed that States should ensure
restrictions on assemblies are strictly in line with international human rights
law, including when a state of emergency is declared in exceptional
circumstances.
"Too often governments misuse states of
emergency to impose undue restrictions on the right to freedom of peaceful
assembly or violate the rights of those taking part in such assemblies. States have
a clear obligation to protect fundamental human rights in the context of
assemblies, including when a state of emergency is declared," the experts said.
The experts further called on States to
refrain from using unlawful or disproportionate force against assemblies, or from
militarising the policing of assemblies. States must ensure law enforcement is
trained in line with the international standards for the use of force and
firearms, including the use of less lethal weapons; and ensure prompt and
thorough accountability and full reparation of all violations.
"To strengthen democracy and prevent
regressive trends leading to the rise of authoritarianism, States must make
every effort to protect the right to peaceful assembly, including in emergency
situations," the experts said.
"The right to peacefully assemble is a
fundamental freedom that strengthens democratic institutions and is essential for
democracy’s very existence. Civil society, activists and rights-seeking protest
movements should be treated as partners and not the enemy," they said.
"This is also vital for peace-building and
conflict-prevention as often repression of assemblies and the suppression of
people’s voices can lead to more violent expressions of discontent," the
experts said.
The joint declaration provides key steps for reinforcing
the protection of peaceful assembly in situations of emergencies and crises.
ENDS
* The experts: Mr. Clément Voule, United Nations Special
Rapporteur on Freedom of Assembly and Association; Hon. Rémy Ngoy
Lumbu, Chairperson of the African Commission on
Human and Peoples' Rights (ACHPR) and Special Rapporteur on Human Rights Human
Rights Defenders and Focal Point on Reprisals in Africa; Mr.
Pedro Vaca, Special Rapporteur on Freedom of Expression
of the Inter-American Commission on Human Rights (IACHR), and the OSCE Office
for Democratic Institutions and Human Rights (ODIHR).
For more information and media
requests, please contact: Hélène Pilloud ([email protected]) at the
Office of the UN High Commissioner for Human Rights, team of the UN Special
Rapporteur on the rights to freedom of peaceful assembly and of association; Flavia Daza ([email protected]) at the
office of the Special Rapporteur on Freedom of Expression of the Inter-American
Commission on Human Rights; Anita
Bagona ([email protected]) or ([email protected]) at the
African Commission on Human and Peoples' Rights (ACHPR); Katya
Andrusz ([email protected]) at the
OSCE Office for Democratic Institutions and Human Rights (ODIHR).
The UN Special Rapporteurs are part of what is
known as the Special Procedures of
the Human Rights Council. Special Procedures, the largest body of independent
experts in the UN Human Rights system, is the general name of the Council’s
independent fact-finding and monitoring mechanisms that address either specific
country situations or thematic issues in all parts of the world. Special
Procedures experts work on a voluntary basis; they are not UN staff and do not
receive a salary for their work. They are independent from any government or
organization and serve in their individual capacity.
The Office of the Special Rapporteur for Freedom of Expression is an office created by the Inter-American Commission on Human Rights (IACHR) to stimulate the hemispheric defense of the right to freedom of thought and expression, considering its fundamental role in the consolidation and development of the democratic system.
R204/22