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. Yet despite the increasingly prominent role that assemblies play in today’s world, there is sometimes a lack of clear understanding of the applicable international human rights law and standards. To provide more clarity, the Human Rights Council requested in 2014 that the Special Rapporteur on the rights to freedom of peaceful assembly and of association, Maina Kiai, and the Special Rapporteur on extrajudicial, summary or arbitrary executions, Christof Heyns, to prepare a joint report on the proper management of assemblies. That report (A/HRC/31/66) was published in March 2016, and compiled a series of practical recommendations oriented around 10 guiding principles applicable to the proper management of assemblies. The recommendations were based on consultations with over 100 experts and more than 50 UN Member States. This 10 Principles Civil Society Guide is a companion publication to that report. It is designed to help civil society organizations use the compilation to advance the protection and promotion of human rights in the context of assemblies domestically. It provides suggestions, tools and inspiration to CSOs as they... 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 disappointed to learn of the suspension, as he welcomed the initial decision’s approach and praised the decision for its focus on key details of assembly management. (The original decision can be found here in Portuguese) “While I have general reservations on the role to play by Military Police instead of civil authorities in the management of assemblies... Continue reading →
(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 notícia da suspensão, já que havia saudado a linha da decisão anterior e elogiado a sentença por seu foco em detalhes centrais na gestão de manifestações. (A decisão original pode ser consultada aqui). “Mesmo que eu tenha reservas, de forma geral, com o papel desempenhado pela Polícia Militar ao invés de... 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. Yet despite the increasingly prominent role that assemblies play in today’s world, there is sometimes a lack of clear understanding of the applicable international human rights law and standards. To provide more clarity, the Human Rights Council requested in 2014 that the Special Rapporteur on the rights to freedom of peaceful assembly and of association, Maina Kiai, and the Special Rapporteur on extrajudicial, summary or arbitrary executions, Christof Heyns, to prepare a joint report on the proper management of assemblies. That report (A/HRC/31/66) was published in March 2016, and compiled a series of practical recommendations oriented around 10 guiding principles applicable to the proper management of assemblies. The recommendations were based on consultations with over 100 experts and more than 50 UN Member States. This 10 Principles Checklist is a companion publication to that report, designed as an easy-to-use tool to: (1) determine which practical recommendations contained in the report are already in place at the domestic level, and (2) help assess how well domestic and local authorities manage assemblies. The... Continue reading →
