PART I: OBLIGATIONS OF THE STATE “The freedom of individuals verbally to oppose or challenge police action without thereby risking arrest is one of the principal characteristics by which we distinguish a free nation from a police state. Ideally, officers would not encounter verbal abuse. Communities would encourage mutual respect, and the police would likewise exhibit respect by treating people with dignity. But, particularly where officers engage in unconstitutional policing, they only exacerbate community opposition by quelling speech.” (Supreme court U.S in City of Houston, Texas v Hill, 482 U.S. 451 (1987)) I. General Obligations 1. The State has the primary responsibility for the promotion and protection of human rights and fundamental freedoms, including in the context of peaceful protests. It is the responsibility of the State, to ensure that the national framework for the exercise of the rights to freedom of peaceful assembly, expression, and association is in accordance with international human rights law. 2. As long as the protest remains peaceful, the State must facilitate the protest whether or not authorities agree with the goals and purposes of the protest. Any interference with such peaceful protest, including dispersal, should meet the strict test of necessity and proportionality stipulated in international human rights standards. 3. The State must ensure that the victims are allowed speedy access to effective remedies, including judicial remedies or national human rights institutions. Furthermore, where a violation has been established before the National Human Rights Commission, the authorities must inform the Commission within a reasonable time of the measures taken to give effect to its recommendation. 4. The State has the power to impose restrictions on a peaceful protest. However, the burden is on the authorities to justify the restrictions. The authorities must prove that the restrictions meet the requirements of both legality and proportionality. The interests of national security may serve as a ground for restriction if such restrictions are necessary to enable the State to protect the nation, its territorial integrity or political independence 7