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Freedom of assembly
Islamabad: Citizens come together to demand respect for the Prophet.
Political Rights (Article 21) and also reflected in the International Covenant on
Economic, Social and Cultural Rights (Article 8).
The right of peaceful assembly is not an absolute right under the
International Covenant on Civil and Political Rights. However, in the opinion
of the UN special rapporteur on the freedom of assembly, the fact that only
“certain” restrictions may be applied to the freedom of assembly means that
freedom is to be considered the rule and its restriction the exception. The
special rapporteur has also referred to General Comment No. 27 (1999) of the
Human Rights Committee on freedom of movement, which notes that “in
adopting laws providing for restrictions … States should always be guided by
the principle that the restrictions must not impair the essence of the right ...the
relation between right and restriction, between norm and exception, must not
be reversed”. That means in essence that any restrictions must be “necessary
in a democratic society”, must have a legal basis, and the law prescribing it
must be accessible and its provisions sufficiently precise.
While the right to freedom of peaceful assembly is constitutionally
guaranteed in Pakistan (Article 16), the environment in which it is exercised in
many regions of the country and the restrictions imposed at times seriously
impede its enjoyment.
In 2012, this right was curtailed to a great extent in Pakistan on the pretext
of preventing public disorder. On the other hand, the trend towards violent
assembly and protests also grew in the country. Protests, both violent and
peaceful, were rife in the country throughout 2012. Large number of people
typically gathered at public places and blocked important roads to protest
issues of concern, including electricity shortages, absence of fuel or increase
in its price, inflation, lawlessness, drone attacks in the tribal regions of Pakistan,