Article:
The United Nations (UN) Human Rights Committee has recently reconfirmed that engaging in peaceful protests, whether online or in person, is a fundamental human right. This statement follows an increase in protests worldwide surrounding issues such as political rights and racial justice.
The UN Human Rights Committee’s Role
The UN Human Rights Committee is responsible for overseeing how countries enact the International Covenant on Civil and Political Rights (ICCPR) 1976. Article 21 of the ICCPR guarantees the right to peaceful assembly.
Recent Interpretation of the Right to Peaceful Assembly
According to the Committee, the right to gather in public, private spaces, outdoors, indoors, and online to express grievances or celebrate is a fundamental human right. It was also noted that anyone, including children, foreign nationals, women, migrant workers, asylum seekers, and refugees, could exercise this right.
Protesters’ Protection and Government Obligations
The Committee further clarified that protesters have the right to wear masks or hoods and governments should not collect personal data to intimidate or harass participants. Governments are prohibited from banning protests by making “generalized references to public order or public safety, or an unspecified risk of potential violence”. Governments also cannot block internet networks or shut down websites due to their roles in organizing or soliciting a peaceful assembly.
Role of Journalists and Human Rights Observers
Journalists and human rights observers also have the right to monitor and document any assembly, including violent and unlawful ones.
Significance of the Committee’s Interpretation
This interpretation will serve as crucial guidance for judges in national and regional courts worldwide as it forms part of what is known as ‘soft law’. The interpretation can be seen as legal advice from the Committee that monitors the ICCPR 1976. Although not mandatory, it holds significant importance.
Indian Context
India is a state party to the International Covenant on Civil and Political Rights (ICCPR). The right to protest in India flows directly from Article 19 of its Constitution. Notably, Article 19 (1) (a) asserts all citizens have the right to freedom of speech and expression, while Article 19 (1) (b) ensures all citizens have the right to assemble peaceably and without arms. However, the State can impose reasonable restrictions on the exercise of the right of assembly based on two grounds- sovereignty and integrity of India and public order, which includes traffic maintenance.
About the International Covenant on Civil and Political Rights
The ICCPR, adopted by the UN General Assembly in 1966 and coming into effect in 1976, is a significant international human rights treaty. It obligates countries that have ratified the treaty to protect and preserve basic human rights, such as the right to life, equality before the law, freedom of speech, and religious freedom. It also highlights gender equality, the right to a fair trial, the right to family life and unity, and minority rights. The Covenant asks governments to take necessary administrative, judicial, and legislative measures to protect these rights and provide effective solutions. It has been ratified by 173 countries, including India.
