Guidelines on Freedom of Peaceful Assembly
Guidelines on Freedom of Peaceful Assembly prepared by the OSCE/ODIHR Panel of Experts on The Freedom of Assembly, including Nina Belyaeva, Head of the HSE Department of Public Policy, were published by the OSCE
Guidelines on Freedom of Peaceful Assembly (2nd edition)
Published by the OSCE Office for Democratic Institutions and Human Rights
(ODIHR), Warsaw, 2010. ISBN 978-92-9234-785-7
Second Edition of the Guidelines on Freedom of Peaceful Assembly has been
revised by the OSCE/ODIHR Panel of Experts on the Freedom of Assembly,
incorporating the necessary updates, interpretations and practical
guidelines on respecting freedom of assembly. These Guidelines set the
minimal standards for Freedom of Assembly legislation and practice in the
OSCE member states.
This publication can be useful for lawyers, political scientists, human
rights experts, for those interested in human rights, civic freedoms,
freedom of assembly, OSCE/ODIHR, local governance and state administration.
Prepared by the OSCE/ODIHR Panel of Experts on The Freedom of Assembly
Thomas BULL
David GOLDBERGER
Michael HAMILTON
Neil JARMAN
Muatar S. KHAIDAROVA
Serghei OSTAF
Vardan POGHOSYAN
Alexander VASHKEVICH
Yevgeniy A. ZHOVTIS
And by the Council Of Europe’s European Commission for Democracy through Law (Venice Commission)
Table of Contents
Foreword
Introduction
SECTION A. Guidelines on the Freedom of Peaceful Assembly
1. Freedom of Peaceful Assembly
1.1 Freedom of peaceful assembly
1.2 Definition of assembly
1.3 Only peaceful assemblies are protected
2. Guiding Principles
2.1 The presumption in favour of holding assemblies
2.2 The state’s positive obligation to facilitate and protect peaceful assembly
2.3 Legality
2.4 Proportionality
2.5 Non-discrimination
2.6 Good administration
2.7 The liability of the regulatory authority
3. Restrictions on Freedom of Assembly
3.1 Legitimate grounds for restriction
3.2 Public space
3.3 Content-based restrictions
3.4 “Time, place and manner” restrictions
3.5 “Sight and sound”
4. Procedural Issues
4.1 Notification
4.2 Spontaneous assemblies
4.3 Simultaneous assemblies
4.4 Counter-demonstrations
4.5 Decision-making
4.6 Review and appeal
5. Implementing Freedom of Peaceful Assembly Legislation
5.1 Pre-event planning with law-enforcement officials
5.2 Costs
5.3 A human rights approach to policing assemblies
5.4 The use of negotiation and/or mediation to de-escalate conflict
5.5 The use of force
5.6 The liability and accountability of law-enforcement personnel
5.7 The liability of organizers
5.8 Stewarding assemblies
5.9 Monitors
5.10 Media access
SECTION B. Explanatory Notes
1. The Importance of Freedom of Assembly
2. The Regulation of Freedom of Peaceful Assembly
The legal framework
International and regional standards
Regulating freedom of assembly in domestic law
Freedom of assembly in the context of other human rights and freedoms
Principal definitions and categories of assembly
Peaceful and non-peaceful assemblies
3. Guiding Principles
The presumption in favour of holding assemblies
The state’s duty to protect peaceful assembly
Legality
Proportionality
Non-discrimination
Groups, unregistered associations and legal entities
Minorities
Non-nationals
Women
Children
Persons with disabilities
Law-enforcement personnel and state officials
Good administration and transparent decision-making
Review and appeal
The liability of the regulatory authority
4. Restrictions on Freedom of Assembly
Legitimate grounds for restriction
Public order
Public safety
The protection of health
The protection of morals
The protection of the rights and freedoms of others
National security
Legislation intended to counter terrorism and extremism
Derogations in times of war or other public emergency
Types of restriction
Content-based restrictions
“Time, place and Manner” restrictions
“Sight and sound”
Restrictions imposed prior to an assembly (“prior restraints”)
Freedom of association and freedom of peaceful assembly
Indirect restrictions on freedom of assembly
Restrictions imposed during an assembly
Sanctions and penalties imposed after an assembly
Defences
5. Procedural Issues
Advance notification
Notification, not authorization
Simultaneous assemblies
Counter-demonstrations
Exceptions from the notification process
Spontaneous assemblies
Decision-making and review processes
Part II - Implementing Freedom of Peaceful Assembly legislation
Introduction
6. Policing Public Assemblies
A human rights approach to policing
Training
Policing assemblies – general principles of good practice
Use of force
Liability and accountability
7. Responsibilities of the Organizer
The organizer
Ensuring the peaceful nature of an assembly – principles of good practice
Stewarding assemblies
Liability
8. Monitoring Freedom of Peaceful Assembly
Independent monitors
Media
Annex A – Enforcement of international human rights standards
Annex B – Cases cited
Annex C – English-Russian Glossary of Terms
Annex D – Expert Panel Composition
Endnotes
See also:
Sergey Karaganov Is Appointed to the Panel of Eminent Persons on European Security as a Common Project
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