INTERNATIONAL COUNCIL
SUPPORTING FAIR TRIAL and
HUMAN RIGHTS

Registration No. : 2795

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The HRC adopted the Resolution L16: Promotion and protection of human rihghts in the context of peaceful protests with out a vote.

The Resolution reads: "...The Human Rights Council, reaffirming the purposes and principles of the Charter of the United Nations [...] and recognizing that any restrictions [to the right of peace protest] must be based in law, and be necessary and proportionate to further a legitimate aim, in accordance with the State’s obligations under applicable international human rights instruments, and that, if imposed, administrative or judicial review that is prompt, competent, independent and impartial should be available" recalls that States have the primary responsibility for the promotion and protection of human rights and fundamental freedoms, including in the context of assemblies such as peaceful protests, and to ensure that national legislation, policies and practices, as the national framework for the exercise of the rights to freedom of peaceful assembly, of expression and of association, are in compliance with international human rights law.

Further it notes that the proper management of assemblies involves and can have an impact on respect for human rights before, during and after an assembly, and aims to contribute to its peaceful conduct and to prevent injuries to and loss of life of protesters, those monitoring such protests, bystanders and officials exercising law enforcement duties.

The Resolution recognizes that peaceful protests can make a positive contribution to the development, strengthening and effectiveness of democratic systems and to democratic processes, including elections and referendums.

Therefore, it stresses that everyone, including persons espousing minority or dissenting views or beliefs, must be able to express their grievances or aspirations in a peaceful manner, including through public protests, without fear of reprisal or of being intimidated, harassed, injured, sexually assaulted, beaten, arbitrarily arrested and detained, tortured, killed or subjected to enforced disappearance.

Also it stresses that peaceful protests should not be viewed as a threat, and therefore encouraging all States to engage in an open, inclusive and meaningful dialogue when dealing with peaceful protests and their causes. It also makes clear that isolated acts of violence committed by others in the course of a protest do not deprive peaceful individuals of their rights to freedom of peaceful assembly, of expression and of association. And affirmed that nothing can ever justify the indiscriminate use of lethal force against a crowd, which is unlawful under international human rights law.

As such, deeply concerned about extrajudicial, summary or arbitrary executions, and torture and other cruel, inhuman or degrading treatment or punishment of persons exercising their rights to freedom of peaceful assembly, of expression and of association in all regions of the world, and expressing its concern at the criminalization, in all parts of the world, of individuals and groups solely for having organized, taken part in or observed, monitored or recorded peaceful protests.

Recalling that States have the responsibility, including in the context of peaceful protests, to promote and protect human rights and to prevent human rights violations and abuses, including extrajudicial, summary or arbitrary executions, arbitrary arrest and detention, enforced disappearances and torture and other cruel, inhuman or degrading treatment or punishment, and calls upon States to avoid the abuse of criminal and civil proceedings, or threats of such acts at all times; it stressed the need to ensure full accountability for human rights violations or abuses in the context of peaceful protests.

Thus, urged States to facilitate peaceful protests by providing protestors, to the extent possible, with access to public space within sight and sound of their intended target audience, and by protecting them, without discrimination, where necessary, against any form of threat or harassment, and underlines the role of local authorities in this regard; also called upon all States to refrain from and cease measures, when in violation of international human rights law, seeking to block Internet users from gaining access to or disseminating information online.

Finally, urged States to ensure accountability for human rights violations and abuses through judicial or other national mechanisms, based on law in conformity with their international human rights obligations and commitments, and to provide victims with access to a remedy and redress, including in the context of peaceful protests.

In this context, ICSFT urges Israel to stop killing peaceful protestors including women, children, medical aids. More than 100 peaceful civilians were killed during the great return March, the UNSC resolution calling for investigative inquiry in to these crimes was blocked by the USA, Israel’s longstanding supporter. Although primary responsibility lays on Israel, international community and countries like USA bear the responsibility for the ongoing occupation, oppression and massacre. Palestinians have the right to return to their home land! Stop apartheid!

 

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