not in isolation, but as an integral part of the democratic function where agreement and dissent are equally welcomed. 92. The present report is offered in a spirit of constructive dialogue. The Special Rapporteur believes that South Korea is capable of providing leadership in the field of freedoms of peaceful assembly and of association. He remains at the disposal of the authorities in helping them achieve these goals. 93. The Special Rapporteur recommends the following: General recommendations (a) Recognise in law and in practice that the rights to freedom of peaceful assembly and of association are a legitimate means of expression regarding a diverse range of issues including social and political; and that it is incumbent on authorities to facilitate rather than to diminish the exercise of these rights. (b) Ensure that the legal framework affecting the rights conforms to international human rights norms, including by providing an objective and detailed framework through which decisions restricting rights are made while ensuring that restrictions are the exception and not the rule. Limitations to the rights must be in furtherance of a legitimate aim, prescribed by law, proportionate to the aim pursued and necessary in a democratic society. (c) Ratify outstanding key international human rights and labour treaties and remove the reservation to article 22 of the ICCPR. (d) Ensure that victims of violations and abuses for the rights to freedom of peaceful assembly and of association have the right to effective remedies. Recommendations on the right to freedom of peaceful assembly (a) Amend the ADA and implementation of the law to: (i) Ensure that at most a prior notification and not de facto authorisation regime regulates the exercise of the right to peaceful assembly; (ii) Prevent blanket bans on when and locations where assemblies can be held; and (iii) Ensure that assemblies are presumed to be lawful in accordance with international human rights law standards. (b) Review tactics used for the management of assemblies including the use – of water cannons and bus barricades - to ensure that they are not applied indiscriminately or against peaceful protestors, they do not result in escalation of tensions, and are directed at facilitating rather than preventing the exercise of assembly rights. (c) Provide adequately trained and experienced police officers to manage assemblies and refrain from deploying conscripted for that purpose. (d) Ensure that assembly participants are not investigated or held criminally or civilly liable for taking part in gatherings, and that the principle of individual liability for unlawful actions is upheld including in respect of assembly organisers.
not in isolation, but as an integral part of the democratic function where agreement and dissent are equally welcomed. 92. The present report is offered in a spirit of constructive dialogue. The Special Rapporteur believes that South Korea is capable of providing leadership in the field of freedoms of peaceful assembly and of association. He remains at the disposal of the authorities in helping them achieve these goals. 93. The Special Rapporteur recommends the following: General recommendations (a) Recognise in law and in practice that the rights to freedom of peaceful assembly and of association are a legitimate means of expression regarding a diverse range of issues including social and political; and that it is incumbent on authorities to facilitate rather than to diminish the exercise of these rights. (b) Ensure that the legal framework affecting the rights conforms to international human rights norms, including by providing an objective and detailed framework through which decisions restricting rights are made while ensuring that restrictions are the exception and not the rule. Limitations to the rights must be in furtherance of a legitimate aim, prescribed by law, proportionate to the aim pursued and necessary in a democratic society. (c) Ratify outstanding key international human rights and labour treaties and remove the reservation to article 22 of the ICCPR. (d) Ensure that victims of violations and abuses for the rights to freedom of peaceful assembly and of association have the right to effective remedies. Recommendations on the right to freedom of peaceful assembly (a) Amend the ADA and implementation of the law to: (i) Ensure that at most a prior notification and not de facto authorisation regime regulates the exercise of the right to peaceful assembly; (ii) Prevent blanket bans on when and locations where assemblies can be held; and (iii) Ensure that assemblies are presumed to be lawful in accordance with international human rights law standards. (b) Review tactics used for the management of assemblies – including the use of water cannons and bus barricades - to ensure that they are not applied indiscriminately or against peaceful protestors, they do not result in escalation of tensions, and are directed at facilitating rather than preventing the exercise of assembly rights. (c) Provide adequately trained and experienced police officers to manage assemblies and refrain from deploying conscripted for that purpose. (d) Ensure that assembly participants are not investigated or held criminally or civilly liable for taking part in gatherings, and that the principle of individual liability for unlawful actions is upheld including in respect of assembly organisers.
A_HRC_32_36_Add.2_en.docx