The right to peaceful assembly is the most powerful tool available to citizens living in a democratic society to collectively express their shared aspirations, demands, or dissent against government actions. This right is directly intertwined with the freedom of speech and expression, serving as the most active platform to communicate public opinion directly to rulers.
However, in the current social climate, security forces controlling protests, demonstrations, and public gatherings sometimes exceed their powers. This leads to severe human rights violations. This article discusses in detail the legal framework of our right to assemble as citizens and how to accurately identify human rights violations during protests.
1. The Core Legal Foundation
The right to peaceful assembly is a fundamental right recognized by both domestic and international human rights frameworks:
- The Constitution of Sri Lanka: Article 14(1)(b) of the 1978 Constitution explicitly guarantees this right, stating that “every citizen is entitled to the freedom of peaceful assembly.”
- The International Covenant on Civil and Political Rights (ICCPR): Article 21 of this United Nations covenant recognizes the right to peaceful assembly. It dictates that no restrictions should be placed on the exercise of this right other than those imposed in conformity with the law and which are necessary in a democratic society in the interests of national security, public safety, or public order, or the protection of the rights and freedoms of others.
2. What Constitutes a “Peaceful Assembly”?
This right remains valid only as long as the assembly is “peaceful.” According to the law, a peaceful assembly means:
- Participants do not bring weapons, explosives, or any instruments capable of inciting violence.
- The gathering is not pre-planned to incite riots or cause damage to public or private property.
Important Legal Distinction: Even if a few individuals or a single person within a protest behaves violently, security forces have no legal authority to label the entire protest as violent. Their legal duty is to isolate and enforce the law strictly against the violent individuals.
3. Common Human Rights Violations During Protests
Human rights violations occurring during protests can be identified in several primary forms:
(A) Unlawful Imposition of Blanket Bans
Prohibiting protests entirely by misusing police powers or securing restrictive court orders—without any reasonable justification or credible intelligence, but solely to suppress criticism against the government—constitutes a direct violation of fundamental rights.
(B) Excessive and Disproportionate Use of Force
Security forces routinely disperse crowds in total disregard of international standards, such as the United Nations Basic Principles on the Use of Force and Firearms:
- Misuse of Tear Gas and Water Cannons: Tear gas must only be deployed in open spaces, never in enclosed areas or targeted at fleeing crowds. Similarly, firing chemical-laced high-pressure water cannons directly at individuals’ heads or sensitive organs is a severe violation that causes critical injuries.
- Unlawful Baton Charges: Striking unarmed protestors on the head, face, or neck with batons when they are already contained or fleeing amounts to acts of torture.
(C) Arbitrary Arrest and Detention
Participating in a protest or holding a placard does not constitute a crime. Despite this, surrounding and arresting civil activists without specific criminal charges, and detaining them without access to legal counsel, directly violates Article 13(1) of the Constitution.
(D) Obstruction of Journalists and Observers
Assaulting journalists, confiscating or destroying their cameras and equipment, and threatening ordinary citizens who film these events is a grave assault on both the freedom of expression and the right to information.
4. Correct Operational Procedures for Security Forces (Graduated Response)
According to international law and the Police Ordinance of Sri Lanka, if a peaceful assembly must be dispersed (e.g., when it causes severe traffic congestion or compromises public peace), security forces must deploy force on a graduated scale:
- Issuing Clear Warnings: Officers must make repeated, audible announcements via loudspeakers, instructing the crowd to disperse and clearly identifying the safe exit routes available to the public.
- Minimum Use of Force: If the crowd fails to disperse after warnings, methods causing minimal harm must be used first. This includes advancing with shields to push back the crowd or deploying standard water cannons.
- The Final Resort: Tear gas or baton charges should only be used as a final resort when all other non-violent or less harmful methods have failed to control the situation.
Summary
The right to peaceful assembly is the hallmark of a vibrant democracy. A citizen’s awareness of the human rights violations that can occur during protests serves as the best shield against arbitrary actions by security forces. Stand up for your rights peacefully, and never hesitate to document injustices and seek legal remedy whenever violations occur.
Global Human Rights Front (GHRF)
At the Frontline of Justice, Standing for Rights.
To report human rights violations occurring during protests or to access free legal assistance, connect with our ‘Frontline Advocacy’ division at info@ghrfront.org.
