(English) NAIROBI – O Relator Especial Maina Kiai escreveu ao Tribunal de Justiça de São Paulo, no Brasil, sobre a recente decisão – e subsequente suspensão passível de recurso – na ação civil pública no 1016019-17.2014.8.26.0053, Defensoria Pública do Estado de São Paulo versus Estado de São Paulo – um caso envolvendo a gestão policial de protestos. Na semana passada, um tribunal de primeira instância instruiu a Polícia Militar a desenvolver um plano de ação policial em protestos, um resultado que Kiai saudou. A decisão foi suspensa pelo presidente da Corte no dia 7/11, em determinação ainda passível de recurso. O presidente disse que a medida excepcional foi necessária porque a manutenção da sentença anterior “ocasionará grave lesão à ordem e segurança públicas, pois cria embaraços à regular atividade policial”. Kiai, que é Relator Especial sobre a liberdade de reunião e associação pacífica, afirmou em sua carta estar desapontado pela … Continue reading →
(Português) NAIROBI – Special Rapporteur Maina Kiai has written to the Justice Tribunal of São Paulo in Brazil about the recent decision – and subsequent suspension pending appeal – in civil public action case No. 1016019-17.2014.8.26.0053, Public Defender of the State of São Paulo versus the State of São Paulo, which deals with police management of protests. A local Court decision issued last week had instructed Military Police to develop a police plan for action at demonstrations, a development which Kiai hailed. The decision was suspended by the President of the Court on Nov. 7, however, pending appeal. The President said the exceptional measure was necessary because maintaining the decision would “result in serious injuries to public order and security because it impedes regular police activities.” Kiai, who is the Special Rapporteur on the rights to freedom of peaceful assembly and of association, said in his letter that he was … Continue reading →
The Special Rapporteur’s factsheet summarizing his joint 2016 report with fellow mandate holder Christof Heyns, which outlined a series of practical recommendations for the proper management of assemblies. The report was developed based on consultations with over 100 experts and more than 50 UN Member States. This factsheet draws heavily on the report and answers a number of questions regarding the management of assemblies, including: • Do assembly participants forfeit all of their rights if they are not peaceful? • Do human rights protections apply to everyone participating in an assembly? • Do States have a positive obligation to facilitate assemblies? • Should states require demonstrators to obtain prior permission for assemblies? • Can firearms be used to disperse a violent assembly? • Is there a right to observe, monitor and record assemblies? • Does the right to privacy apply in the context of assemblies? • Do businesses have a … Continue reading →
GENEVA – Two United Nations human rights experts presented today a new report to the UN Human Rights Council offering extensive recommendations to States and police forces around the world on how best to manage public gatherings. “The proper management of assemblies can in many cases serve to prevent an escalation of the situation and the eventual outbreak of violence. We believe that proper precautions and preparations can help to protect the rights of all concerned – the demonstrators, bystanders and the police,” said the Special Rapporteur on extrajudicial, summary or arbitrary executions, Christof Heyns, and the Special Rapporteur on the rights to freedom of peaceful assembly and of association, Maina Kiai. The report is the result of consultations with more than 50 States and 100 experts from civil society, academia, protest groups, national human rights institutions and police forces. “Our many conversations with States and experts confirmed that the … Continue reading →
GENEVA – Special Rapporteur on extrajudicial, summary or arbitrary executions, Christof Heyns, and Special Rapporteur on the rights to freedom of peaceful assembly and of association, Maina Kiai, will appear before the Human Rights Council on 9 March 2016 at 1:30 p.m. (Geneva time) to present their joint report on the proper management of assemblies. The presentation and interactive dialogue will be broadcast live on http://webtv.un.org/ The report summarises applicable international legal standards, and offers practical recommendations to States on how these principles might be implemented. The report has been drafted pursuant to a request from the Council in resolution 25/38. In developing the recommendations, the Special Rapporteurs consulted widely through a written questionnaire and in-person meetings with over 50 Member States, and with over 100 experts, drawn from academia, civil society, protest movements, and National Human Rights Institutions. “Our many conversations with States and experts confirmed that the ability to … Continue reading →
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. Yet despite the increasingly prominent role that assemblies play in today’s world, there remains a lack of clear understanding of the applicable international human rights law and standards. When can a State require advance notification of an assembly, for example? Can authorities place limits on the time, place or manner that protests are conducted? What are the State’s duties in terms of facilitating assemblies? In March 2014, the Human Rights Council requested Special Rapporteurs Maina Kiai and Christof Heyns to help answer those questions and more. … Continue reading →
GENEVA – Special Rapporteurs Christof Heyns and Maina Kiai have held three final consultations in Geneva on their joint project to develop practical recommendations for the proper management of assemblies, as requested by the Human Rights Council in resolution 25/38. Heyns, who is the Special Rapporteur on extrajudicial, summary or arbitrary executions, and Kiai, the Special Rapporteur on the rights to freedom of peaceful assembly and of association, are scheduled to present the recommendations to the Council at its 31st session in March 2016. On October 22, the Special Rapporteurs met with representatives of Member States to provide an opportunity for the exchange of perspectives and experiences on the proper management of assemblies, and to raise issues of specific interest or concern with the Special Rapporteurs. Representatives of 54 States attended the meeting. This was followed on October 23 by a consultation with experts from across Europe and Central Asia. The … Continue reading →
PRETORIA, South Africa/ISTANBUL, Turkey – Special Rapporteurs Maina Kiai and Christof Heyns held two expert consultations in August as part of their joint project to develop practical recommendations for the proper management of assemblies, as requested by the Human Rights Council in resolution 25/38. The first was held in Pretoria on August 7, and brought together 25 experts from Sub-Saharan Africa, North Africa and the Middle East. The meeting was hosted by Christof Heyns, Special Rapporteur on extrajudicial, summary or arbitrary executions, with Maina Kiai, Special Rapporteur on the rights to freedom of peaceful assembly and of association, represented by his research team. Participants focused in particular on the use of force in the management of assemblies, and the importance of protecting the lives and bodily integrity of participants and others. They noted the importance of proper training, equipment, and protocols for law enforcement officers, and the need for measures … Continue reading →
SANTIAGO, Chile – Over 20 experts from throughout the Americas joined Special Rapporteur Maina Kiai in Santiago, Chile, last week for the first consultation in a project to develop practical recommendations for the proper management of assemblies. The recommendations were mandated by the UN Human Rights Council in resolution 25/38, and are due to be presented in March 2016, at the Council’s 31st session. They will be drafted jointly by Kiai, who is the Special Rapporteur on the rights to freedom of peaceful assembly and of association, and Christof Heyns, who is the Special Rapporteur on extrajudicial, summary or arbitrary executions. Heyns was represented at the consultation by his research team. “Peaceful assemblies play a central role in any democracy – allowing people to express their grievances and giving governments a chance to take the pulse of public opinion,” Kiai said. “The goal of these recommendations is to give States … Continue reading →
(NAIROBI/PRETORIA) – UN Special Rapporteurs Maina Kiai and Christof Heyns have embarked on a new joint project aimed at compiling a set of practical recommendations for the proper management of assemblies worldwide. Public assemblies are a central feature of the modern world but often boil over and lead to bloodshed. Societies are often not sure how best to deal with such protests and the United Nations Human Rights Council wants to provide guidance in this regard. The project – which was mandated by Human Rights Council Resolution 25/38 in 2014 – will run throughout 2015, with the final report being presented to the Human Rights Council at its 31st session in March 2016. The recommendations will be drafted jointly by Kiai, the Special Rapporteur on the rights to freedom of peaceful assembly and of association, and Heyns, who serves as the Special Rapporteur on extrajudicial, summary or arbitrary executions. In developing … Continue reading →
