KNOWSTH
GIRR
YOU

INTERNATIONAL STANDARDS ON FREEDOM OF PEACEFUL ASSEMBLY!
The right of peaceful assembly shall be recognized. No restrictions may be placed on theexercise of this right other than those imposed in conformity with the law and which arenecessary in a democratic society in the interests of national security or public safety,
public order (ordre public), the protection of public health or morals or the protection ofthe rights and freedoms of others. – International Covenant on Civil and Political Rights, article 21.
The freedom of peaceful assembly is a fundamental
human right articulated in the United Nations (UN)International Covenant on Civil and Political Rights(ICCPR), which has been ratified by 173 countries. It is
the right to gather in order to express collective views,
and as such is a cornerstone of a free and open society.
In 2020, the UN Human Rights Committee, the bodyof independent experts that monitors implementationof the ICCPR by its state parties, published its
interpretation of the right to freedom of peacefulassembly under ICCPR article 21 in its General
Comment No. 37. This General Comment details theresponsibilities of states in upholding the freedom ofpeaceful assembly.
This guiding note sets out some of the key aspectsof the right to the freedom of peaceful assembly as
covered in international law, including the General
Comment. It covers issues such as notification
requirements, policing, restrictions and accountability
for violations.
As much as possible, the below language reflects theGeneral Comment, but for ease of use, we have slightly
simplified the language, without changing the substance.

WHAT DOES THE RIGHTTO THE FREEDOMOF PEACEFULASSEMBLY COVER?

• People gathering forspecific purposes, principally
expressive ones.
• Peaceful assemblies wherever
they take place: outdoors,indoors and online; in publicand private spaces; or any
combination of these.
• Assemblies may take many
forms, including demonstrations,protests, meetings, processions,rallies, sit-ins, candlelit vigils andflash mobs.
• Assemblies are protected
whether they are stationary,such as pickets, or mobile, suchas processions or marches.

KNOW YOUR RIGHTS International Covenant on Civil and Political Rights, article 211

WHO HAS THE RIGHT TO
PEACEFUL ASSEMBLY?

• Everyone has the right to peacefulassembly, citizens and non-citizens
alike. It may be exercised by,for example, foreign nationals,migrants (documented orundocumented), asylum seekers,
refugees and stateless persons.
• While the notion of an assembly
implies that there will be morethan one participant in thegathering, a single protester enjoys
comparable protections under
ICCPR article 19.
• Protection also extends to remoteparticipation in, and organisationof, assemblies, for example online.

Do you lose your right toassemble if others commit
violent acts? No!

● The violence of some participants does notrender the whole assembly violent. Isolated
acts of violence by some participants should
not be attributed to others, the organisers or
to the assembly as such.
● Mere pushing and shoving or disruption ofvehicular or pedestrian movement or daily
activities do not amount to violence.
● Collective civil disobedience or direct-action
campaigns are permissible provided thatthey are non-violent.
● If an assembly does include violent participants, this does not mean the authorities canuse excessive force against protesters.
● Law enforcement agencies and officers
must use minimum force to prevent actsof violence or unlawfulness and firearms
must never be used simply to disperse anassembly.

DO YOU NEED PERMISSION TO
HOLD AN ASSEMBLY? No!

• Spontaneous assemblies, whether
coordinated or not, are equally protected.
• Failure to notify the authorities does
not make an assembly unlawful orviolent by nature.

When do you have to notify theauthorities about an assembly?

● Notification must not be required for
spontaneous assemblies for which there is notenough time to provide notice.
● Failure to notify the authorities of an upcoming
assembly, where required, does not render theact of participation in the assembly unlawful.
● Notification procedures should be transparent
and not unduly bureaucratic, and theirdemands on organisers must be proportionate
to the potential public impact of the assembly.
● Lack of notification does not absolve theauthorities from the obligation, within theirabilities, to facilitate the assembly and protect
the participants.
● If restrictions are imposed following a
notification, they should be communicatedearly enough to allow time for access to thecourts or other mechanisms to challenge them.

CAN YOU BE DETAINED OR ARRESTEDDURING A PROTEST?
• Practices of indiscriminate massarrest prior to, during or following an
assembly are arbitrary and unlawful.
• Preventative detention of targetedindividuals to keep them fromparticipating in a protest, unless in very
narrow circumstances, is likely to be
unlawful, especially if the detention
lasts for over a few hours.

KNOW YOUR RIGHTS International Covenant on Civil and Political Rights, article 212

Do you have the right tomonitor a protest? Yes!

● Journalists, human rights defenders, election
monitors and others involved in monitoring orreporting on assemblies may not be prohibitedfrom, or unduly limited in, exercising theirfunctions, including monitoring the actions oflaw enforcement officials.
● They must not face reprisals or otherharassment, and their equipment must not beconfiscated or damaged.

IS THE PLANNING AND
PREPARATION OF AN ASSEMBLY
COVERED BY INTERNATIONAL
LAW? Yes!

• Participants or organisers must be allowed
to mobilise resources; plan; disseminate
information about an upcoming event;prepare for and travel to the event;communicate between participantsleading up to and during the assembly;
broadcast the assembly or broadcast fromit; and leave the assembly afterwards.

Does your right toassemble apply to theonline space? Yes!

● Associated activities that
happen online or otherwise
rely upon digital services
are also protected.
● The state must not block or hinder internet
connectivity in relation to peacefulassemblies. The same applies to geotargetedor technology-specific interference withconnectivity or access to content.
● States should ensure that the activities ofinternet service providers and intermediaries
do not unduly restrict assemblies or theprivacy of assembly participants.

CAN YOU EXPRESS PROPAGANDAFOR WAR OR NATIONAL, RACIALOR RELIGIOUS HATRED THATCONSTITUTES INCITEMENT TODISCRIMINATION, HOSTILITY
OR VIOLENCE? No!
• Peaceful assemblies may not be used for
propaganda for war or for advocacy ofnational, racial or religious hatred that
constitutes incitement to discrimination,
hostility or violence.
• As far as possible, action should betaken in such cases against the individualperpetrators, rather than against theassembly as a whole.

Can you bring equipment toassemblies? Yes!

● Flags, uniforms, signs and banners are to beregarded as legitimate forms of expressionthat should not be restricted.
● Participants should be left to determine
whether they want to use equipment such as
posters, megaphones, musical instruments
or other technical means, such as projection
equipment, to convey their message.
● Assemblies may entail the temporary
erection of structures, including soundsystems, to reach their audience orotherwise achieve their purpose.

CAN THE AUTHORITIES MAKE YOU
COVER THEIR COSTS? No!

● Requirements for participants or organisers
either to arrange for or to contribute towards
the costs of policing or security, medical
assistance or cleaning, or other public
services associated with peacefulassemblies, are generally notcompatible with international law.

KNOW YOUR RIGHTS International Covenant on Civil and Political Rights, article 213

WHERE CAN YOU HOLD
AN ASSEMBLY?

• Given the typically expressive
nature of assemblies, participants
must as far as possible be enabled
to conduct assemblies within sightand sound of their target audience.
• Peaceful assemblies should not berelegated to remote areas where
they cannot effectively capture theattention of those who are being
addressed, or the general public.
• As a general rule, there can be noblanket ban on all assemblies in
the capital city, in all public places
except one specific location withina city or outside the city centre, oron all the streets in a city.
• Assemblies should generally beallowed to take place close to areas
such as courts, parliaments, sitesof historical significance or otherofficial buildings.

CAN YOU WEAR
A MASK OR
DISGUISES AT A
PROTEST? Yes!

• The wearing offace coverings orother disguises
by assembly
participants, suchas hoods or masks, or the taking ofother steps to participate anonymously,
may form part of the expressive
element of a peaceful assembly or
serve to counter reprisals or to protect
privacy, including in the context of new
surveillance technologies.

Can the authorities prohibit
an assembly?
Only as a last resort● Where the imposition of restrictions on an
assembly is deemed necessary, the authorities
should first seek to apply the least intrusive
measures.
● States should also consider allowing
an assembly to take place and deciding
afterwards whether measures should be taken
regarding possible transgressions during theevent, rather than imposing prior restraints in
an attempt to eliminate all risks.
● Any restrictions, in principle, must be content
neutral, and thus not be related to themessage conveyed by the assembly.

Can the police disperse
an assembly?
Only in exceptional cases● Dispersal may be resorted to if the assembly is
no longer peaceful, or if there is clear evidenceof an imminent threat of serious violence thatcannot be reasonably addressed by more proportionate measures, such as targeted arrests.
● Conditions for ordering the dispersal of anassembly should be set out in domestic law,and only a duly authorised official may orderthe dispersal of a peaceful assembly.
● An assembly that remains peaceful while
nevertheless causing a high level of disruption,such as the extended blocking of traffic, may
be dispersed, as a rule, only if the disruption isserious and sustained.

CAN AN ASSEMBLY BE
CRIMINALISED UNDER COUNTERTERRORISM LAWS? No!

• The mere act of organising or participating ina peaceful assembly cannot be criminalised
under counter-terrorism laws.

KNOW YOUR RIGHTS International Covenant on Civil and Political Rights, article 21

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What role do the police havein facilitating an assembly?

● Only law enforcement officials trained in
the policing of assemblies, including on therelevant human rights standards, should bedeployed.
● States must respect and ensure the exerciseof the fundamental rights of organisers andparticipants, while also protecting journalists,monitors and observers, medical personnel
and other members of the public, as well as
public and private property, from harm.
● States are obliged not to prohibit, restrict,block, disperse or disrupt peaceful assemblies
without compelling justification, nor to
sanction participants or organisers without
legitimate cause.
● States must protect participants against
possible abuse by non-state actors, such as
interference or violence by other members of
the public, counter demonstratorsand private security providers.

IS THE USE OF LESS-LETHALWEAPONS PERMISSIBLE?
Only with many conditions• The authorities must ensure that allweapons, including less-lethal weapons,
are subject to strict independent testing,and that officers deployed with themreceive specific training, and mustevaluate and monitor the impact ofweapons on the rights of those affected.
• When such weapons are used, allreasonable efforts should be made tolimit risks, such as causing a stampede orharming bystanders.
• Such weapons should be used only as ameasure of last resort, following a verbal
warning, and with adequate opportunitygiven for assembly participants todisperse.
• Containment (‘kettling’), where law
enforcement officials encircle andenclose a section of participants, may
be used only where it is necessary andproportionate to
do so, in order to address actual violenceor an imminent threat emanating fromthat section.

CAN THE POLICE USE FORCE AGAINST PROTESTERS?
Only if absolutely necessary• Police are obliged to exhaust non-violent means and to give prior warning if it
becomes absolutely necessary to use force.
• As far as possible, any force used should be directed against a specific individual
or group engaged in or threatening violence.
• Domestic law must not allow the use of force against participants in an assembly
on a wanton, excessive or discriminatory basis.
• Clear command structures must exist to underpin accountability, as must
protocols for recording and documenting events, ensuring the identification ofofficers and reporting any use of force.
• All use of force by law enforcement officials should be recorded
and reflected promptly in a transparent report.
KNOW YOUR RIGHTS International Covenant on Civil and Political Rights, article 215

Can the police use firearms during an assembly?
Almost never● Firearms are not an appropriate tool for the policing of assemblies. They must never be used simply
to disperse an assembly.

CAN THE POLICE USE
PLAINCLOTHES OFFICERS
AT ASSEMBLIES?
Yes, but with conditions

Can the authorities stopand search you during
an assembly? No!

• Any deployment of plainclothes
officers in assemblies must be strictly
necessary in the circumstances andsuch officers must never incite violence.
• Before conducting a search, making
an arrest or resorting to any use offorce, plainclothes officers must
identify themselves to the persons
concerned.

CAN PRIVATE SECURITYSERVICES BE USED ATASSEMBLIES?
Only in exceptional
circumstances• States are ultimately
responsible for law
enforcement during
an assemblyand may
delegatetasks
to private
security
serviceproviders onlyin exceptional
circumstances.

• The mere fact that the authorities associate
an individual with a peaceful assembly does notconstitute reasonable grounds for
stopping and searching them.

SHOULD THERE BE
ACCOUNTABILITY
FOR VIOLATIONS FOR
RIGHTS COMMITTEDAGAINST ASSEMBLIES?
Yes!
• States must ensure full accountability
for human rights violations or abuses in
the context of protests, including byinvestigating such violations and abuses
and prosecuting the perpetrators,
including in cases of sexual or genderbased violence.
• To enhance effective accountability,
uniformed law enforcement officials should
always display an easily recognisable formof identification during assemblies.
• Official decisions restricting the exercise of
assembly rights must be open to legal
challenge in a process that meets fair andpublic hearing requirements.

KNOW YOUR RIGHTS International Covenant on Civil and Political Rights, article 216