Deputy High Commissioner's Statement during the Panel Discussion on the promotion and protection of HR in the context of peaceful protests, 18th session HRC

13 September 2011

Madame President of the Human Rights Council,
Excellencies,
Ladies and Gentlemen,
Distinguished panellists,

I am honoured and delighted to open this panel discussion on the promotion and protection of human rights in the context of peaceful protests. I would like to commend the Human Rights Council for placing this important issue high on its agenda, and giving it significant time for a substantive discussion.

This panel takes place against the backdrop of a historical turn of events during the last 10 months, which saw brave women and men young and old peacefully taking to the streets in several countries in the Middle East and North Africa, and in other regions, prompted by a profound desire for increased respect for their fundamental human rights. These people aspired to express themselves freely, to assemble and associate peacefully, and to participate fully in public affairs affecting their lives, without fear of reprisal. However, their peaceful protests in far too many instances have been met with brutal repression, through summary, extrajudicial, or arbitrary executions, arbitrary detention, enforced disappearances, and torture and other cruel, inhuman or degrading treatment or punishment.

Such human rights violations were denounced by the High Commissioner in her reports and statements on the situations in a number of countries, including in Bahrain, Belarus, Cote d’Ivoire, the Islamic Republic of Iran, Egypt, the Libyan Arab Jamahiriya, Malawi, the Syrian Arab Republic, Tunisia and Yemen. Let me stress that when peaceful protests occur, States have the responsibility to respond in a manner that promotes and protects human rights, and prevent human rights violations. As previously mentioned, resort to force against peaceful protestors that is unlawful or incompatible with the tenets of a democratic society, in particular lethal or excessive force, not only violates fundamental rights, including the right to life, but exacerbates tensions and breeds a culture of violence. The authorities should not view peaceful protests as a threat, but rather engage in an open, inclusive and meaningful national dialogue to address protestors’ legitimate demands. Repression will certainly not quash the aspirations of people who are legitimately claiming their rights, and demanding the construction of a State that seeks to protect and serve them, rather than the interests of those governing.

Madame President,
In recent months, the Human Rights Council has addressed the issue of the promotion and protection of human rights in the context of peaceful protests on repeated occasions through its examination of country-specific situations, including in respect of Belarus, Cote d’Ivoire, the Libyan Arab Jamahiriya and the Syrian Arab Republic. As an earlier testimony to the importance attached to this issue, the Council adopted resolution 15/21, in which it “call[ed] upon States to respect and fully protect the rights of all individuals to assemble peacefully and associate freely, including in the context of elections, and including persons espousing minority or dissenting views or beliefs, human rights defenders, trade unionists and others, including migrants, seeking to exercise or to promote these rights, and to take all necessary measures to ensure that any restrictions on the free exercise of the rights to freedom of peaceful assembly and of association are in accordance with their obligations under international human rights law” (OP1).

The Council further established the mandate of the Special Rapporteur on the rights to freedom of peaceful assembly and of association. Other UN human rights mechanisms, regional treaties and organizations, national human rights institutions and non-governmental organizations also play a role in the promotion and protection of human rights in the context of peaceful protests, as well as in preventing and addressing any related human rights violations.

I am honoured and delighted by the presence of many of these stakeholders with us today, as they will certainly provide us with a rich array of experience, observations and recommendations on ways and means to improve the protection of human rights in the context of peaceful protests at all levels, including by the Human Rights Council. I am sure their views and approaches to the issue will strengthen the resolve of the Council to reaffirm the importance of the right of each individual to express his or her grievances and/or aspirations through peaceful protests, and contribute to the development of an appropriate response by this Council, and by the international community as a whole.

I wish you a fruitful and constructive debate.