A fundamental task of any law enforcement agency is the maintenance of public order. It can be a particularly challenging situation for law enforcement officials when individual persons or groups engage in protests or other types of display of discontent that may challenge public order. In such situations law enforcement officials must carefully assess the circumstances, including any human rights-related issues. States are responsible for ensuring the rights and security of everyone within their jurisdiction, including those who express their demands or publicly display other types of discontent. The response to public assemblies in terms of legislation and procedures, including law enforcement, must conform to international human rights standards.
Participants in public assemblies have a number of protected rights, including rights to: freedom of peaceful assembly, expression, association and belief; participation in the conduct of public affairs; bodily integrity, which includes the rights to security, to be free from cruel, inhuman or degrading treatment or punishment, and to life; dignity; privacy; and an effective remedy for all human rights violations. Moreover, these rights collectively serve as a vehicle to a series of other rights and serve as essential components of any democracy by empowering people, including minority and marginalized groups who may otherwise be restricted from expressing themselves, to express their political or other opinions and engage in religious, cultural, economic, social and other activities.
Law enforcement officials must actively facilitate and protect the rights and freedoms of participants while also ensuring the rights and safety of the public. This entails protecting peaceful participants from others who may wish to interrupt them and ensuring that even spontaneous peaceful assemblies are supported, if they do not infringe on the rights of others. Law enforcement officials must take measures to ensure that assemblies remain peaceful, and do not induce fear, intimidation or any serious disruptions that could negatively impact on the rights of others. This balance between rights must be carefully considered and approached by law enforcement officials and local governance officials through transparency and impartial dialogue with all involved stakeholders.