should facilitate and protect peaceful assemblies, including through negotiation and
mediation. Wherever possible, law enforcement authorities should not resort to force
during peaceful assemblies and ensure that, “where force is absolutely necessary, no one
is subject to excessive or indiscriminate use of force” (para. 89).
We would also like to draw the attention of your Excellency's Government to
Principle 4 of the UN Basic Principles on the Use of Force and Firearms by Law
Officials, which provides that, “Law enforcement officials, in carrying out their duty,
shall, as far as possible, apply non-violent means before resorting to the use of force and
firearms”, and the Code of Conduct for Law Enforcement Officials, ensuring protesters
right to peaceful assembly and without resorting to excessive use of force.
We would further like to refer to Human Rights Council resolution 22/6, which
urges States to ensure that measures to combat terrorism and preserve national security
are in compliance with their obligations under international law and do not hinder the
work and safety of individuals, groups and organs of society engaged in promoting and
defending human rights.
We would like to bring to the attention of the Government paragraph 78 of
A/HRC/37/52 “When a State deploys counter-terrorism laws as functional emergency
powers, it remains under an absolute obligation to protect non-derogable rights (such as
freedom from torture). Moreover, derogable rights that are intrinsically essential to the
enforcement of non-derogable rights must be maintained (such as State obligations to
ensure effective investigations through the protection of due process). Procedural rights
that enable contestation, debate and review of emergency powers are critical to the
protection of human rights, the protection of civic space and to sustaining tolerance,
openness and human dignity in situations of emergency”. We express concern about
national counter-terrorism legislation that increasingly includes provisions that restrict
rights that are key to civil society and would like to bring to the attention of the
Government the 2018 report to the Human Rights Council A/HRC/40/52, in particular
paragraphs 36, as well as, paragraphs 75 (a) to (i). In particular, we refer to resolution
7/36 by the Human Rights Council stressing the need to ensure that invocation of national
security, including counter-terrorism, is not used unjustifiably or arbitrarily to restrict the
right to freedom of opinion and expression.
We would also like to refer your Excellency’s Government to the fundamental
principles set forth in the Declaration on the Right and Responsibility of Individuals,
Groups and Organs of Society to Promote and Protect Universally Recognized Human
Rights and Fundamental Freedoms, also known as the UN Declaration on Human Rights
Defenders. In particular, we would like to refer to articles 1, 2, 5 (a), 6, 9, paragraph 3 (c),
and 12, paragraphs 2 and 3 of the Declaration.
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