The exercise of the rights to freedom of peaceful assembly and of association in the context of elections 2013, para. 25
Paragraph- Paragraph text
- On the contrary, elections should never be seen as a pretext for States to unduly restrict the right to freedom of peaceful assembly. As previously mentioned, blanket bans, which are intrinsically disproportionate and discriminatory, should be prohibited, and restrictions on a peaceful assembly in relation to its "time, place and manner" should be limited to the extent that such restrictions meet the aforementioned strict test of necessity and proportionality (see A/HRC/23/39, para. 59). In fact, given the importance of the rights to freedom of peaceful assembly and of association in the context of elections, the threshold for imposing such restrictions should be higher than usual: the criteria of "necessity in a democratic society" and "proportionality" should be more difficult to meet during election time. In this regard, the Special Rapporteur is dismayed that blanket bans have been used during election time, with a view to muzzling dissenting voices. In Kenya, in March 2013, following the results of the presidential elections, the police chief reportedly banned all public gatherings, including "illegal groupings" around the Supreme Court, prayer meetings, political meetings and rallies, until a petition challenging the presidential poll results was heard and decided upon. That decision was reportedly based on the fact that demonstrations may have triggered animosity and violence. When justified, "time, place and manner'" restrictions which comply with international human rights norms and standards should be applied equally, once again, whether the peaceful assembly is in favour of or against the Government and the ruling party.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Civil & Political Rights
- Person(s) affected
- All
- Year
- 2013
- Paragraph type
- Other
- Reference
- SR Freedom of Assembly, Report to the UNGA (2013), A/68/299, para. 25.
- Paragraph number
- 25
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