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Calls for a strong resolution by the Human Rights Council to enhance the right to freedom of peaceful assembly

On the occasion of the presentation of the report Practical Recommendations for the Proper Management of Assemblies presented to the Human Rights Council by two UN Special Rapporteurs, Maina Kiai and Christof Heyns, the Police and Human Rights Programme of Amnesty International together with INCLO (International Network of Civil Liberties Organizations), Omega Research Foundation, and PHR (Physicians for Human Rights) hold a panel discussion entitled “Use of Force and Social Protest: protecting fundamental rights” at the Palais des Nations in Geneva, Switzerland on 9th of March 2016.

The panel was moderated by Luciana Pol, Senior Fellow on Security Policy and Human Rights, Centro de Estudios Legales y Sociales (CELS) and had interventions from:

  • Maina Kiai, UN Special Rapporteur on the Rights of Peaceful Assembly and of Association who called to reaffirm that there must be a presumption of being allowed to hold an assembly and therefore States should not establish a system of authorization, but only a system of notification of assemblies. He further emphasized that law enforcement officials should exercise restraint in the use of force during assemblies.
  • Dr. Anja Bienert, Police and Human Rights Programme of the Dutch Section of Amnesty International who highlighted that in fulfilling the duty to facilitate peaceful assemblies law enforcement officials should not immediately start to consider the use of force, but rather engage in dialogue with organizers and participants in order to avoid situations where force should be used. She urged States not to consider firearms as a tactical tool for the handling of assemblies, but only to be used for the purpose to save or protect another life. She called the Human Rights Council to include a recommendation for the effective implementation of the UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials and to recognize this as reflecting binding international human rights law.
  • Rohini Haar, MD, MPH, Highland General Hospital and Kaiser Medical Center, Oakland, California, and Research Consultant of Physicians for Human Rights (PHR) who presented a  which however turn often out to cause serious injury and even death.
  • Neil Corney, Research Associate of the Omega Research Foundation, who called for systematic, transparent and robust testing and evaluation of less-lethal weapons, before considering their use in law enforcement, instead of simply deploying of what is available on the market. The trade and transfer of such equipment should be closely monitored and no equipment should be send to countries where it may be used for human rights violations.