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Document Information:
- Year: 2012
- Country: Transnational
- Language: English
- Document Type: Other International Legal Instrument
- Topic: Assembly and Protest,CSO Framework Legislation,Defending Civil Society
GE.12 -13138
Human Rights Council
Nineteen th session
Agenda item 3
Promotion and protection of all human rights, civil ,
political, economic, social and cultural rights ,
including the right to development
Resolution adopted by the Human Rights Council *
19/35
The promotion and protection of human rights in the context of
peaceful protests
The Human Rights Council ,
Reaffirming the purposes and principles of the Chart er of the United Nations, the
Universal Declaration of Human Rights and relevant international human rights treaties,
including the International Covenant on Civil and Political Rights,
Reaffirming also that, in accordance with the Universal Declaration o f Human
Rights, States Member s of the United Nations have pledged to achieve, in cooperation with
the United Nations, the promotion of universal respect for and observance of human rights
and fundamental f reedoms for all without distinction such as race, c olour, sex, language,
religion, political or other opinion, national or social origin, property, birth or other status,
Recalling Human Rights Council resolutions 12/16 of 2 October 2009 and 16/4 of
24 March 2011 , on freedom of opinion and expression, 15/ 21 of 30 September 2010 , on the
rights to freedom of peaceful assembly and of association, and decision 17/120 of 17 June
2011, on the panel on the promotion and protection of human rights in the context of
peaceful protests,
Recalling also the Declaratio n on the Right and Responsibility of Individuals,
Groups and Organs of Society to Promote and Protect Universally Recognized Human
Rights and Fundamental Freedoms,
Recognizing that, pursuant to the Universal Declaration of Human Rights, the
International Covenant on Civil and Political Rights and the International Convention on
the Elimination of All Forms of Racial Discrimination, the rights to freedom of peaceful
assembly, of expression and of association are human rights guaranteed to all, while their
* The resolutions and decisions adopted by the Human Rights Council will be contained in the report of
the Council on its nineteenth session (A/HRC/19/2), chap. I.
United Nations A /HRC/ RES/ 19/35
General Assembly Distr.: General
18 April 2012
Original: English
A/HRC/RES/19/35
2
exercise may be subject to certain restrictions, in accordance with State’s obligations under
applicable international human rights instruments,
Acknowledging that participation in peaceful protests can be an important form of
exercising the rights to free dom of peaceful assembly and of association, freedom of
expression and of participation in the conduct of public affairs,
Acknowledging also that peaceful protests can contribute to the full enjoyment of
civil, political, economic, social and cultural rig hts,
Reaffirming that everyone has the right to life, liberty and security of person,
Reaffirming also that p articipation in public and peaceful protests should be entirely
voluntary and uncoerced,
Stressing therefore that everyone must be able to expre ss their grievances or
aspirations in a peaceful manner , including through public protests , without fear of being
injured, beaten , arbitrarily arrested and detained, tortured, killed or subjected to enforced
disappearance,
Stressing also that peaceful pro tests should not be viewed as a threat, and therefore
encouraging all States to engage in an open, inclusive and meaningful dialogue when
dealing with peaceful protests and their causes,
Recognizing that national human rights institutions and civil societ y organizations,
including non -governmental organizations, can play a useful role in facilitating continued
dialogue between individuals taking part in peaceful protests and relevant authorities,
Stressing the need to ensure full accountability for human rights violations or abuses
in the context of peaceful protests,
Recalling the Code of Conduct for Law Enforcement Officials and the Basic
Principles on the Use of Force and Firearms by Law Enforcement Officials , as adopted at
the Eighth United Nations Co ngress on the Prevention of Crime and the Treatment of
Offenders,
1. Recognizes the need to reflect on the promotion and protection of human
rights in the context of peaceful protests ;
2. Welcomes the holding of the panel discussion on the issue of the p romotion
and protection of human rights in the context of peaceful protests by the Human Rights
Council at its eighteenth session and the active participation of States and other
stakeholders therein;
3. Takes note of the summary of the panel discussion s prepared by the Office of
the United Nations High Commissioner for Human Rights ;1
4. Acknowledges that peaceful protests can occur in all societies ;
5. Recalls that States have the responsibility, including in the context of
peaceful protests, to promote and protect human rights and to prevent human rights
violations, in particular extrajudicial, summary or arbitrary executions, arbitrary arrest and
detention, enforced disappearances, and torture and other cruel, inhuman or degrading
treatment or punishme nt, and calls upon States to avoid the abuse of criminal and civil
proceedings or threats of such acts at all times ;
1 A/HRC/19/40 .
A/HRC/RES/19/35
3
6. Encourages all States to avoid using force wherever possible during peaceful
protests, and to ensure that, where force is absolutely ne cessary, no one is subject to
excessive or indiscriminate use of force ;
7. Calls upon States, and where applicable relevant governmental authorities, to
ensure adequate training of law enforcement officials and military personnel and to
promote adequate t raining for private personnel acting on behalf of a State, including in
international human rights law , and, where appropriate, international humanitarian law ;
8. Requests the High Commissioner to prepare and submit a thematic report to
the Human Rights C ouncil, prior to its twenty -second session, on effective measures and
best practices to ensure the promotion and protection of human rights in the context of
peaceful protests ;
9. Encourages relevant thematic special procedures mandate holders, including
the Special Rapporteur on freedom of expression, the Special Rapporteur on the rights to
freedom of peaceful assembly and association, the Special Rapporteur on extrajudicial,
summary or arbitrary executions and the Special Rapporteur on the situation of human
rights defenders, to contribute to the above -mentioned thematic report ;
10. Requests the High Commissioner, in preparing the thematic report, to draw
from the experience of treaty bodies and to seek the views of States and relevant partners ,
such as United Nations agencies, regional organizations, national human rights institutions
and civil society organizations ;
11. Decides to consider the above -mentioned report and possible next steps at its
twenty -second session under agenda item 3.
55 th meeting
23 March 2012
[Adopted without a vote .]