Page 29 - University of Pretoria RESEARCH REVIEW 2018

Developing global standards
on peaceful assemblies, demonstrations and protests
Christof Heyns, Institute for International and Comparative Law (ICLA)
Mass demonstrations have played a role in shaping some of the most decisive political and ideological transitions of the last century – in ending colonialism; in the civil rights movement in the USA; and in the fall of communism. They also made a significant contribution towards the transition of power in Burkina Faso, Tunisia, Algeria, and Sudan.
The roots of demonstrations as
a form of political intervention can be traced to South Africa, where Gandhi developed it as a tool to pursue the interests of the Indian population. It played a significant role in ending apartheid, and continues to be widely used.
Now a global phenomenon, the question is what are the international law standards on demonstrations? What corresponding obligation does the right of peaceful assembly place on the State? Can protestors be required to ask for authorisation, or is notification enough? When may the police use force?
The nature of mass demonstrations has changed fundamentally with the widespread use of technology. Can one ‘assemble’ online? Are the police permitted or required to use body- worn cameras? Can drones be used to manage assemblies?
Professor Christof Heyns, working with a team of researchers at the Institute for International and Comparative Law in Africa, has been closely involved with efforts by the United Nations (UN) and the African
Union to set international standards on matters such as how protest should be managed and how potential violations should be investigated.
In 2018, the UN Human Rights Committee appointed Heyns as the ‘rapporteur’ or main drafter of General Comment 37 on peaceful assembly. This is the Committee’s authoritative and comprehensive restatement of the standards under international
law. Heyns has been a member of
the Committee since 2017. Drafting international standards is a singular opportunity. Heyns completed his
doctoral degree on civil disobedience many years ago and has, in the meantime, continued to work in
this area. The area raises a number of technical questions, but none of them can be answered without an understanding of the role of dissent and protest in society.
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