“States must stop suppressing and should hear and consider protesters’ voices expressed through peaceful protests despite the crisis situations at hand”, stated Voule in his latest report, while reaffirming the importance of peaceful protests as a pillar for a democratic, just, and peaceful society.
The report, mandated by HRC resolution 40/20 and titled the “Protection of human rights in the context of peaceful protests during crisis situations”, was one of the five reports presented by Voule at the 50th session of the Human Rights Council in June this year. In it, the Special Rapporteur examined the key global trends that impede on the protection of human rights in the context of peaceful protests in crisis situations, which include stigmatization, abuse of emergency measures, militarization and use of unlawful force to stifle peaceful protests, compounded by endemic impunity for serious violations.
The report generated a great deal of interest and support from the Council Member States during Voule’s interactive dialogue on 17th June. Following its delivery, the Council adopted Resolution 50/21 focused on the promotion and protection of human rights in the context of peaceful protests which has reflected key issues raised in the report and incorporated many of the Special Rapporteur’s report recommendations.
As recognition of his important work in this area, the Council further mandated the Special Rapporteur with the development of specific technical tools aimed at assisting law enforcement officials in promoting and protecting human rights in the context of peaceful protests. Voule, in collaboration with the United Nations Office on Drugs and Crime and the Office of the United Nations High Commissioner for Human Rights is due to engage in global and regional consultations with law enforcement officials, civil society, States and other actors for the production of the tools requested by the Council.
“We need to protect peaceful protests. If we don’t, we undermine our freedom, our democracy and our future”, says the UNSR
At a hybrid side event after the presentation of the report to the Council, Clément Voule discussed the findings of the report with grassroot and protest activists from around the world who courageously shared their perspectives on protesting in times of crisis.
The side event, led by Voule in cooperation with the Permanent Missions of Switzerland and Costa Rica and co-sponsored by – ICNL, Amnesty International, Article19, CIVICUS, ICJ, International Service for Human Rights, DefendDefenders, ECNL, Forum-Asia, Gulf Centre for Human Rights, World Movement for Democracy, and The Geneva Academy of International Humanitarian Law and Human Rights, looked at the challenges protesters face in the context of the crises their regions or countries are confronted with, and the increasing repression surrounding peaceful protest.
“Peaceful protests should be seen as part of the solution to resolve crises rather than the problem. In allowing individuals and communities to voice their views and opinions, peaceful protests constitute public forums and contribute to the good functioning of democratic societies” H.E. Ambassador Jürg Lauber of the Permanent Mission of Switzerland stated in his opening remarks, echoing Voule’s opinion.
Throughout the event the UNSR and fellow panelists repeatedly emphasized that peaceful protests worldwide are being wrongly labeled as a threat to national security. Voule highlighted the need for a change in narrative towards protests, where they are seen as tools to enhance democracy, providing the diversity of voices.
“Peaceful protests are heavily stigmatized, and protesters are facing widespread and ongoing repression, as they are often portrayed as threats to national security” Voule explained. “In general, what I often hear during extensive global and regional consultations, is that there has been an ongoing repression by States and non-State actors either because this right is classified as being political, or as a right that is exercised by the opposition to destabilise government” he continued.
The Special Rapporteur went on to say that during the consultations with law enforcement many voiced understanding, support and the readiness to protect peaceful protests, however they lacked training and clear guidance from the authorities
“When governments provide a clear message to law enforcement that protesters must be protected, violent protests seldom happen” Voule explained. Furthermore, the expert raised serious concerns over the States’ misuse of emergency measures to heavily restrict or disproportionately ban peaceful protests, which has increased since the Covid-19 pandemic.
Given the growing number of crises that the world is facing today, the UNSR spoke of a near consensus that these fundamental freedoms should be seen as the avenue for communities, civil society, and marginalized groups to voice their concerns to their governments, to participate in the decision-making, as well as to contribute to seeking more sustainable solutions. This includes ensuring States create an enabling environment and protect peaceful protesters, even when protesters dissent or oppose government policies or actions.
“Peaceful protests often arise because of, or in relation to crisis situation. Hindering the participation of citizens in exercising this right is detrimental to our democracies. Instead, we must make sure peaceful protests are understood and seen as a tool to advance human rights, democracy and development.”, the Special Rapporteur said.
Civil society actors Sofia Foreiro of Dejusticia from Colombia, Dr. Sara Abdelgalil, of Sudanese Doctors for Human Rights, Kanstantin Charnou, an LGBTI activist from Belarus, Simon Cheng, of Hongkongers in Britain, and Suham Elia Sarah, a human rights and minorities rights activist from Iraq, went on to share their expertise and experience in exercising the right to protest in their respective countries. All panelists found that the report findings resonated strongly with the realities on the ground in their home countries, and that implementing the reports’ recommendations would benefit the protection of human rights in protests not only in their acute context, but globally.
Event moderator, H.E. Mrs. Catalina Devandas Aguilar of the Permanent Mission of Costa Rica, welcomed the independent voices bringing to the international community an objective assessment of the challenges we face when it comes to implementing the rights to peaceful assembly, something she described as “fundamental”, while calling for a sustained effort to continue to influence policy makers.
The UNSR concluded by expressing his full understanding for the need to balance security and the protection of citizens but stressed that this cannot be done at the expense of people’s fundamental freedoms. “These two can work together seamlessly and that is exactly why human rights exist: to protect citizen’s rights and ensure their safety. We need to protect peaceful protest. If we don’t protect it, we undermine our freedom, our democracy, and our future.”
Is access to resources a Right for civil society?
In the second thematic report presented to the Council, titled “Access to Resources”, the Special Rapporteur stated that “access to resources for Civil society organizations is a right and States should exert all efforts to support, rather than inhibit, civil society’s work”
The report looked at challenges civil society faces when seeking, securing and using resources, which are on the rise everywhere. From expanding restrictions and regulations, to misapplied counterterrorism and anti-money laundering measures, obtaining funding is becoming increasingly difficult for CSOs. Such challenges constitute a threat to their very existence, and to the communities they serve.
To delve further into this global issue, ICNL will host a webinar in November this year in collaboration with Voule, where together with civil society actors in the Asia region they will discuss restrictions on foreign funding and what can be done to address them.
The strengthened mandate continues to enjoy the support of the Human Rights Council
The Council adopted another important resolution renewing the mandate of the Special Rapporteur for a period of three years, stating its appreciation for the work of the Special Rapporteur.
Considerable efforts were made by the core group of the Peaceful Assembly and Association Mandate, led by the Czech Republic and consisting of Indonesia, Lithuania, Maldives, Mexico, the United States, resulting in the unanimous renewal of the resolution
Ahead of the vote, the core group organized a side event co-sponsored by CIVICUS, highlighting and contextualizing the critical role that the mandate has played in promoting and protecting these rights.
Thanks to this support, the Special Rapporteur can continue his crucial work with a strengthened mandate and a renewed agenda, to open civic space, to discuss with States, non-State actors and civil society, and to address the most urgent challenges facing the rights to peaceful assembly and of association today.
*The other reports presented during Voule’s Interactive Dialogue with the Human Rights Council were:
Report A/HRC/50/23/Add.2 on the findings of his official visit to Niger in December 2021,
Report A/HRC/50/23/Add.1, the Observation Report, compiling all communications sent and received by the Mandate between 16 April 2021 and 15 April 2022,
Report A/HRC/50/23/Add. 3, on the follow-up to his country visits to Tunisia, Armenia, Sri Lanka and Zimbabwe.
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