Abstract
The right of peaceful assembly has been recognised as a critical component of democracy. In Africa it played a significant role in the liberation of states from colonial oppression, and continues to be used to express dissent. The actual exercise of this right, however, faces significant challenges. Too often, police officers use excessive or indiscriminate force during assemblies, leading to violations not only of the right of peaceful assembly but also, in some cases, of the right to life. Alive to the reality of the threat to life and limb posed by the unlawful use of force by the police during assemblies, over the past decades the African human rights system has developed standards for the use of force during assemblies. This article analyses the legal and jurisprudential developments around the protection of the right to life during assemblies and enquires as to whether they are consistent with international standards and whether they are adequate. It finds that despite progressive legal development on the protection of the right to life in law enforcement, in general, there is limited jurisprudence on the specific protection of the right to life in the context of the policing of assemblies. Consequently, the standards expressed in various instruments and resolutions are yet to be adequately interpreted and reinforced.
Highlights
On 28 September 2009 thousands of pro-democracy demonstrators assembled at a stadium in Conakry, Guinea to protest against the military rule of Captain Moussa Dadis Camara who took power in a bloodless coup after the death of President Lansana Conté.[1]
In the context of the COVID-19 pandemic, the Commission, taking note of the measures taken by states to combat the disease, expressed concern about the excessive use of force by law enforcement officers against peaceful demonstrators in some African states, including the use of live ammunition, tear gas and water cannons by law enforcement authorities in suppressing and dispersing demonstrators, which had claimed the lives of many people.[66]
This article has shown that the African human rights system has contributed to the development of standards on the protection of the right to life in law enforcement contexts, including during assemblies
Summary
On 28 September 2009 thousands of pro-democracy demonstrators assembled at a stadium in Conakry, Guinea to protest against the military rule of Captain Moussa Dadis Camara who took power in a bloodless coup after the death of President Lansana Conté.[1]. This article analyses the legal and jurisprudential developments around the protection of the right to life during assemblies It begins with a discussion on the nature of the right to life and the right of peaceful assembly and the general obligations of states under the African Charter. A deprivation is considered arbitrary if it is unlawful under either international law or domestic law.[16] Arbitrariness in turn has been interpreted to include elements of inappropriateness, injustice, unpredictability and non-conformity with the requirements of reasonableness, necessity and proportionality.[17] An important step towards the prevention of arbitrary deprivation of life is the development of a domestic legal framework that ensures respect for and protection of the right to life.[18] Such a framework must adequately regulate the use of force by law enforcement officials in accordance with international human rights standards.[19] States have an obligation to protect the right to life of individuals from the reasonably foreseeable threats from private parties. 15 UN Human Rights Council Report of the Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions, Christof Heyns, A/HRC/26/36, para 46
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