Политология / 6. Проблемы взаимодействия власти и общественности (отечественный и зарубежный опыт)

Poglat O.I.

National University “Yaroslav the Wise Law Academy of Ukraine”

Right to Peaceful Assembly: Reflection in International Legal Acts and Role of the Police in its Provision.

The right to peaceful assembly (also called Freedom of Assembly), sometimes used interchangeably with the freedom of association, is the individual right to come together and collectively express, promote, pursue and defend common interests. The right to freedom of association is recognized as a human right, political right, and civil liberty.

Freedom of assembly is often used in the context of the right to protest, while freedom of association is used in the context of labor rights and the Constitution of the United States, is interpreted to mean both the freedom to assemble and the freedom to join an association.

The most popular and the most wide-known international legal acts that reflex the freedom of assembly are Universal Declaration of Human Rights (article 20), International Covenant on Civil and Political Rights (article 21), European Convention on Human Rights (article 11).

The Universal Declaration of Human Rights consolidates that everyone has the right to freedom of peaceful assembly and association. The right to form groups, to organize and to assemble together with the aim of addressing issues of common concern is a human right. The ability to organize is an important means by which citizens can influence their governments and leaders. The right to freedom of association and assembly is protected in international and regional human rights treaties. These rights are applicable to every issue. Mass protest is a potent symbol of the exercise of this right.

The right to freedom of association is guaranteed by many international human rights treaties. However, the right has been mostly defined and elaborated in international Labour law providing the particular links between these rights and the ability of workers to secure their economic and social status. Freedom of association is one of the central provisions underpinning the work of the International Labour Organization (ILO). ILO standards uphold the rights of workers and employers to form organisations and to bargain collectively.

There are a lot of international legal acts, which in different ways uphold the right to peaceful assembly. One of them fixed the order in which police should protect this right. Basic Principles on the Use of Force and Firearms by Law Enforcement Officials adopted by the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, Havana, Cuba, 27 August to 7 September 1990, consolidate that police must not interfere with lawful and peaceful assemblies, and prescribes limits on the ways in which force may be used in violent assemblies. As everyone is allowed to participate in lawful and peaceful assemblies, in accordance with the principles embodied in the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, Governments and law enforcement agencies and officials shall recognize that force and firearms may be used only in accordance with principles, which have been formulated to ensure and promote the proper role of law enforcement officials in protecting human rights and lawful interests.

Firstly, in the dispersal of assemblies that are unlawful but non-violent, law enforcement officials shall avoid the use of force or, where that is not practicable, shall restrict such force to the minimum extent necessary.

Secondly, in the dispersal of violent assemblies, law enforcement officials may use firearms only when less dangerous means are not practicable and only to the minimum extent necessary. Law enforcement officials shall not use firearms in such cases, except under the conditions stipulated in principle.

As we can see, this right should not be denied except in situations of national security or public safety. The right to violent assembly is not upheld. However, international standards limit the use of force by authorities in controlling peaceful or non-peaceful assemblies. International standards require that law enforcement officials should use force only as a last resort, in proportion to the threat posed, and in a way to minimize damage or injury. Right of association covers the right of individuals to ‘associate’ together and establish associations. Some countries have sought to hamper the ability of individuals to form associations by a variety of means: by claiming they do not agree with the political purposes of the associations; by denying legal personality which would be essential for day to day running and for taking on contractual relationships; by imposing cumbersome and partial registration processes; by imposing financial constraints. The right of association not only applies to individuals who wish to form associations but also guarantees associations so formed have rights to operate freely and without interference.

In the book ‘Guidelines on Freedom of Peaceful Assembly’, prepared by Prepared by the OSCE/ODIHR Panel of Experts on the Freedom of Assembly, are pointed out another principles which are related to law-enforcement bodies. They are:

1. Where possible and where special security concerns exist (for instance, in the case of large assemblies or assemblies on highly controversial issues), it is recommended that the organizer agree with law enforcement officials prior to the event about what security measures will be put in place.

2. The state must protect participants of a peaceful assembly from any person or group (including agents provocateurs and counter-demonstrators) that attempts to disrupt or inhibit it in any way.

3. The use of force must be regulated by domestic law, which should set out the circumstances that justify the use of force (including the need to provide adequate prior warnings), as well as the level of force acceptable to deal with various threats.

4. Organizers of assemblies should not be liable for the actions of individual participants or for the actions of non-participants or agents provocateurs. Instead, individual liability should arise for any participant if they commit an offence or fail to carry out the lawful directions of law enforcement officials.

As a conclusion we can say, that international legal acts constitute the guarantees for people to protect their rights and legal interests. Policemen while executing their duties should remember, that their work directed on the protection of human rights, not on breaking them.