Thread by @JasonBrickhill1

Zimbabwe is bound by International Covenant on Civil and Political Rights (ICCPR)

On 23 July 2020, the Human Rights Committee issued General Comment 37 on the Right of Peaceful Assembly in Art 21 of the ICCPR:

tbinternet.ohchr.org/_layouts/15/tr…

#FreeZimbabwe #FreeThemAll #FreeHopewell

Excerpts from General Comment 37 below:

2. "6. Article 21 protects peaceful assemblies wherever they take place: outdoors, indoors & online; in public & private spaces; or a combination thereof.

3."6.(ctd)Assemblies...take many forms, including demonstrations, protests, meetings, processions, rallies, sit-ins, candlelit vigils & flash-mobs...13. While...assembly implies...more than one participant in the gathering, a single protester enjoys comparable protections."

4. "16. If the conduct of participants in an assembly is peaceful, the fact that certain domestic legal requirements pertaining to an assembly have not been met by its organisers or participants does not... place the participants outside the scope of the protection of art 21"

5. "17. There is not always a clear dividing line between assemblies that are peaceful & those that are not but there is a presumption in favour of considering assemblies to be peaceful.... [I]solated acts of violence by some participants should not be attributed to others".

6. "22. States must leave it to the participants freely to determine the purposes or any expressive content of an assembly."

7. "22 (ctd.) The approach of the authorities to peaceful assemblies and any restrictions imposed must thus in principle be “content neutral” & not be based on the identity of the participants or their relationship with the authorities."

8. "24. States parties moreover have certain positive duties to facilitate peaceful assemblies, and to make it possible for participants to achieve their objectives. States must thus promote an enabling environment for the exercise of the right of peaceful assembly."

9. "27. The possibility that a peaceful assembly may provoke adverse or even violent reactions from some members of the public is not sufficient grounds to prohibit or restrict the assembly.

10. "27 (ctd) States are obliged to take all reasonable measures that do not impose disproportionate burdens upon them to protect all participants & to allow such assemblies to take place in an uninterrupted manner."

11. "32. Given that peaceful assemblies often have expressive functions, and political speech enjoys particular protection as a form of expression, it follows that assemblies with a political message should enjoy a heightened level of accommodation and protection."

12. "34. Many associated activities happen online or otherwise rely upon digital services. Such activities are also protected under article 21. States parties must not, for example, block or hinder Internet connectivity in relation to peaceful assemblies."

13. "While the right of peaceful assembly may in certain cases be limited, the onus is on the authorities to justify any restrictions."

14. "37. The prohibition of a specific assembly can be considered only as a measure of last resort. Where the imposition of restrictions on an assembly is deemed necessary, the authorities should first seek to apply the least-intrusive measures."

15. "42. [W]here the very reason that national security has deteriorated is the suppression of human rights, this cannot be used to justify further restrictions, including on the right of peaceful assembly."

16. "44.Peaceful assemblies can in some cases be inherently or deliberately disruptive & require a significant degree of toleration...7.Their scale/nature can cause disruption...These consequences, whether intended/unintended, do not call into question protection assemblies enjoy

17. "45. The protection of “public health” ground may exceptionally permit restrictions to be imposed, for example where there is an outbreak of an infectious disease and gatherings are dangerous...8. [A]ny such restrictions must be narrowly drawn."

18. "74. Law enforcement officials involved in policing assemblies must respect and ensure the exercise of the fundamental rights of organisers and participants, .... The basic approach of the authorities should be to seek to facilitate peaceful assemblies where necessary."

19. "82.Preventive detention of targeted individuals, to keep them from participating in assemblies, may constitute arbitrary deprivation of liberty.... Practices of indiscriminate mass arrest prior to, during or following an assembly, are arbitrary & thus unlawful." #FreeThemAll

@threadreaderapp unroll