samedi 4 août 2012

osce Handbook on Monitoring freedom of Peaceful Assembly :Six Guiding Principles for Peaceful Assembly

principle 1  Presumption in favour of holding assemblies. As a fundamental right, freedom of peaceful assembly should, insofar as possible, be enjoyed without regulation. Anything not expressly forbidden in law should be presumed to be permissible, and those wishing to assemble should not be required to obtain permission to do so. A presumption in favour of the freedom should be clearly and explicitly established in law.

principle 2 . The state’s duty to protect peaceful assembly. It is the responsibility of the state to put in place adequate mechanisms and procedures to ensure that the freedom of assembly is enjoyed in practice and is not subject to unduly bureaucratic regulation.

principle 3 . Legality. Any restrictions imposed must have a formal basis in law. The law itself must be compatible with international human rights law, and it must be sufficiently precise to enable an individual to assess whether or not his or her conduct would be in breach of the law, and what the consequences of such breaches would likely be.

principle 4. Proportionality. Any restrictions imposed on freedom of assembly must be proportional. The least intrusive means of achieving the legitimate objective being pursued by the authorities should always be given preference. The dispersal of assemblies may only be a measure of last resort. The principle of proportionality thus requires that authorities not routinely impose restrictions that would fundamentally alter the character of an event, such as routing marches through outlying areas of a city. The blanket application of legal restrictions tends to be overly inclusive and thus fails the proportionality test because no consideration is given to the specific circumstances of the case in question.

principle 5. Good administration. The public should know which body is responsible for taking decisions about the regulation of freedom of assembly, and this must be clearly stated in law. The regulatory authority should ensure that the general public has adequate access to reliable information, and it should operate in an accessible and transparent manner.

principle 6. Non-discrimination. 
a.    Freedom of peaceful assembly is to be enjoyed equally beveryone. In regulating freedom of assembly, the relevant authorities must not discriminate against any individual or group on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth, or other status. The freedom to organize and participate in public assemblies must be guaranteed to both individuals and corporate bodies; to members of minority and indigenous groups; to both nationals and non-nationals (including stateless persons, refugees, foreign nationals, asylum seekers, migrants, and tourists); to both women and men; and to persons without full legal capacity, including persons with mental illness.
b.    The law must recognize the child’s right to participate in and organize peaceful assemblies. With due regard to the evolving capacity of the child, the right of children to organize an assembly may be subject to restrictions such as a certain minimum age for organizers or a requirement that the consent of their parents or legal guardians be obtained.
c.    Freedom of assembly of police or military personnel should not be restricted unless the reasons for the restriction are directly connected with their service duties, and only to the extent absolutely necessary in light of considerations of professional duty.

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