“It is a very inclusive process. It’s the first time that I see such a process for myself from the beginning to the end.” - Christof Heyns, Human Rights Committee, Rapporteur of General Comment No. 37 on Art. 21 (Just Security)
In July 2020, the UN Human Rights Committee adopted the first ever General Comment No. 37 on Article 21, ICCPR (Right of Peaceful Assembly). This was a crucial development at time when the right of peaceful assembly has come under increased pressure in countries across the world, especially due to COVID-19.
The General Comment addresses the most critical issues faced by individuals who assemble and protest. It creates safeguards for emerging protest practices such as digitally-mediated assemblies, which are recognized as a critical aspect of organising during the pandemic. It also condemns negative trends of use of disproportionate force, internet disruptions and attacks on media, watchdogs or vulnerable groups.
The final text takes stock of all the detailed analysis that ECNL, together with our partner CSOs and experts provided in the last two years, and benefits from the in-depth consultations that informed the debate around emerging topics. Indeed, ECNL engaged in the drafting of the Comment from the beginning and contributed to its development through facilitating:
- Evidence-based advocacy for the Committee to decide to write the Comment;
- Diverse stakeholder collaboration;
- Including experiences and expertise of local CSOs;
- In-depth meetings to inform debate around emerging topics;
- Web resources.
ECNL now seeks to ensure that activists, lawyers and policy makers are aware of the enhanced standards enshrined in the GC so that they can use these new standards in litigation before national or international courts. To support the promotion of the GC and its implementation into national practices, we started developing user-friendly thematic fact sheets on specific innovative aspects in the text of the GC. A member of the UN Human Rights Committee said:
“I expect the outreach you are doing, in such an accessible format, will reach many rightsholders. This work is commendable.”