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Handbook on Monitoring Freedom of Peaceful Assembly of Peaceful Freedom on Monitoring Handbook Handbook on Monitoring HandbookMonitoringon Freedom Peacefulof Assembly Handbook on Monitoring This handbook was produced as a guide for organizations and individuals who might initiate independent monitoring of peaceful assemblies in their own country. It draws Freedom of Peaceful Assembly and builds on the ODIHR and Venice Commission Guidelines on Freedom of Peaceful Assembly, which identify core issues in the exercise of freedom of peaceful assembly and set out a number of guiding principles that should govern its regulation. The Handbook also draws on extensive monitoring experience in numerous countries to outline the key human rights principles related to freedom of assembly and provide guidance on organizing monitoring projects, monitoring at assemblies, and producing reports to highlight the issues that are raised. Handbook on Monitoring Freedom of Peaceful Assembly Published by the OSCE Office for Democratic Institutions and Human Rights (ODIHR) ul. Miodowa 10 00-251 Warsaw Poland www.osce.org/odihr © OSCE/ODIHR 2011 All rights reserved. The contents of this publication may be freely used and copied for educational and other non-commercial purposes, provided that any such reproduction is accompanied by an acknowledgement of the OSCE/ODIHR as the source. ISBN 978-92-9234-814-4 Designed by Homework, Warsaw, Poland Printed in Poland by Agencja KARO Contents Foreword. 5 1. Introduction ............................................ 7 2. Definition of an Assembly .................................. 11 3. International Human Rights Principles ......................... 14 4. Regulating Freedom of Peaceful Assembly ....................... 20 5. The Policing of Assemblies .................................. 24 6. Monitoring: An Overview .................................. 28 7. Principles and Standards in Monitoring ......................... 33 8. Establishing a Monitoring Project ............................. 36 9. Preparing to Monitor an Assembly ............................ 39 10. Monitoring an Assembly ................................... 42 11. Practical Guide to Monitoring ............................... 46 12. At the End of Monitoring ................................... 53 13. Compiling Monitoring Reports ............................... 55 14. Using Monitoring Reports .................................. 59 Monitor Reporting Forms ..................................... 66 Documents on Monitoring and Freedom of Assembly. 71 Appendix 1: The ODIHR and Council of Europe’s Venice Commission Guidelines on Freedom of Peaceful Assembly .............. 73 Appendix 2: The Media and Freedom of Assembly .................... 80 Foreword The right to assemble peacefully rests at the core of functioning democratic systems, and is closely related to other cornerstones of democracy and pluralism, such as freedom of expression and freedom of association. It is enshrined in a number of international human rights instruments and guaranteed in the OSCE’s Copenhagen Document of 1990. The OSCE Office for Democratic Institutions and Human Rights (ODIHR), often in co-operation with the Council of Europe, has been active in providing legislative and other assistance to OSCE participating States to ensure that public assemblies are regulated and policed in line with international human rights standards. As part of this work, ODIHR and the Council of Europe’s Commission for Democracy through Law (the Venice Commission) have developed the Guidelines on Freedom of Peaceful Assembly, first published in 2007 and revised in 2010. This Handbook draws from the Guidelines and is intended as a tool to support civil society actors in their effort to contribute to strengthened implementation of human rights through monitoring and reporting on freedom of assembly. The Handbook builds on the experience acquired through a series of projects im- plemented by ODIHR and its partners, and aimed at training human rights NGOs in international standards and monitoring techniques relating to freedom of assembly. In particular, it is based on a training programme for assembly monitors that has been offered in a number of OSCE participating States, where observers carried out the systematic monitoring of public events over a period of several months. The Handbook is intended as a practical tool to help NGOs collect reliable information through the monitoring of public gatherings. Assemblies take place in public places 6 and, as such, allow for the direct observation of the conduct of and interaction between the participants, law-enforcement agents, other public authorities and other relevant actors. The Handbook places an emphasis on the need to base assembly-monitoring reports on first-hand information collected in adherence with the principles of transpar- ency, accuracy and impartiality. ODIHR-supported freedom of assembly monitoring projects have shown that well- documented monitoring reports can be used to engage in a constructive dialogue with the authorities in the states concerned and to devise targeted programmes of assistance. They are an important source of information not only for human rights NGOs carrying out their advocacy work, but also for policymakers at all levels, who can use the data collected to identify existing gaps in law, policy and practice, as well as to provide examples of good practice. Civil society plays an important role in helping participating States to ensure full respect for human rights and fundamental freedoms. ODIHR’s hope is that this Handbook will be a useful practical guide for civil society actors engaged in monitoring public assemblies and will inspire new initiatives in this area. Ambassador Janez Lenarčič Director, OSCE Office for Democratic Institutions and Human Rights (ODIHR) 1. Introduction Freedom of peaceful assembly is a fundamental human right that has a firm basis in international human rights law and was reaffirmed by OSCE participating states in the 1990 Copenhagen Document. The right to assemble, demonstrate, picket, rally, march and protest is an important aspect of all democratic societies. As such, the freedom of peaceful assembly is associated with the right to challenge the dominant views within society, to present alternative ideas and opinions, to promote the interests and views of minority groups and marginalized sections of society, and to provide an opportunity for individuals to express their views and opinions in public, regardless of their power, wealth or status. Public assemblies can be particularly important and prominent at times of political tension or when citizens are making demands for social change. Demonstrations and protests are often used in a variety of campaigns by political groups and are generally an important aspect of election campaigns. They can also be an important means of calling for change in contexts where more institutional mechanisms for effecting social change are not available. Participation in public assemblies is a political right, the realization of which can give a public voice to those without access to their legislative bodies, those who lack representation through elections, or those with little or no opportunity to voice their opinions through the media. Furthermore, the right to peaceful assembly can play an instrumental role in building support for change or reforms, or in voicing discontent. In most cases, however, the mobilization of people through a public assembly is the most direct means of trying to influence government, reflect local opinion, or express views as part of the regular political process. 8 Freedom of peaceful assembly is an individual right that is always expressed in a col- lective manner. Such collective manifestations of individual views can be perceived as particularly threatening to the authorities in some contexts. And, because assemblies take place in public spaces and are used by diverse organizations, groups and individu- als, they are very visible indicators of the level of tolerance and respect that is given to different political, social and cultural practices and beliefs. A government’s approach to assemblies can provide a clear indication of the respect that the state has for basic human rights. Indeed, exercising freedom of assembly often involves the exercise of other rights, including the freedoms of expression, religion and movement. At the same time, the prevention of assemblies might also go hand in hand with violations of the right to life, the right to be free from torture and the right to a fair trial. When restrictions on the freedom of peaceful assembly take place, such actions usually have high visibility. They have an impact on a large number of people at the same time, and they are often widely reported in the media. They might provoke an immediate and public response, which might lead to a spiralling cycle of protest, repression and violence. The very visibility of freedom of peaceful assembly creates opportunities for monitoring the level of a state’s respect for this right and for documenting any infringe- ments on the right to freedom of peaceful assembly and associated rights. OSCE participating states have recognized that NGOs can perform a vital role in the promotion of human rights, democracy and the rule of law (Istanbul 1999). This has been reaffirmed in the Astana Commemorative Declaration of 2010, which states that participating States value the important role played by civil society and free media in helping them to ensure “full respect for human rights, fundamental freedoms, democ- racy, including free and fair elections, and
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