10 Principles for the Proper Management of Assemblies: Civil Society Guide

"The ability to assemble and act collectively is vital to democratic, economic, social and personal development, to the expression of ideas and to fostering engaged citizenry. Yet despite the increasingly prominent role that assemblies play in today's world, there is sometimes a lack of clear understanding of the applicable international human rights law and standards."

To provide more clarity on these issues, the United Nations (UN) Human Rights Council requested in 2014 that the Special Rapporteur on the rights to freedom of peaceful assembly and of association, Maina Kiai, and the Special Rapporteur on extrajudicial, summary, or arbitrary executions, Christof Heyns, to prepare a joint report on the proper management of assemblies. Published in March 2016, that report (A/HRC/31/66) compiled a series of practical recommendations oriented around 10 guiding principles applicable to the proper management of assemblies. While State authorities are required to respect legal standards (these are "must" statements), the recommendations carry the weight of the Special Rapporteurs' suggestion, based on identified good practice (that is, they are "should" statements). This 10 Principles Civil Society Guide is a companion publication to that report. It is designed to help civil society organisations (CSOs) use the compilation to advance the protection and promotion of human rights in the context of assemblies domestically. It provides suggestions, tools, and inspiration to CSOs as they consider how they might push for the implementation of the practical recommendations in their own context. That is, the guide is designed to support civil society efforts for policy reform and their advocacy work with States and other stakeholders, such as business enterprises.

The Guide is divided into 4 parts. Section 1 is an introduction of the practical recommendations report. Section 2 focuses on how CSOs might determine authorities' current and ongoing level of compliance with the practical recommendations, and it links to another document developed by the mandate: the 10 Principles Checklist, an interactive tool that allows users to determine which practical recommendations are already in place in their countries and to assess how well authorities manage assemblies. (The checklist contains 100 indicators - categorised under 10 overarching principles - relating to the implementation of the recommendations made by the Special Rapporteurs.)

"In order to understand whether and how authorities are acting in line with their obligations and the practical recommendations - and how their compliance changes over time - it is necessary to gather relevant information. CSOs routinely face two challenges in this regard. The first is gaining access to information held by the State. Even basic information on the management of assemblies, such as Standard Operating Procedures (SOPs) and criteria for decision making, can be difficult to access. The second is assessing compliance in practice. Often, the failure to meet international standards and the recommendations is found not in problematic laws or policies, but in how they are (or are not) applied in practice. Gathering evidence of this gap can be especially vexing." To that end, Section 3 discusses methods for gathering the evidence necessary for monitoring compliance and building advocacy arguments. It includes illustrative case studies, further reading, and various tools and techniques that can be employed to gather relevant evidence and data. "While advances in technology have made it easier for monitors and assembly participants to record and document events, this has also opened up a range of risks to privacy and security. These are discussed at the end of this section."

Finally, Section 4 provides real-life examples of research and advocacy tactics which have been used to advance rights in the context of protests. For example, the Overseas Development Institute (ODI) has produced a suite of materials designed to assist CSOs to have a greater impact on policy processes. While the materials are directed at an international development audience, they may also be applicable to CSOs working on human rights issues, such as the management of protests. The materials contain a range of practical tools to help CSOs assess the policy context, communicate more effectively with policymakers, and influence the policy process.