“ Stifling the peaceful expression of legitimate dissent today can only result inexorably in the catastrophic explosion of violence some other day.” “Democracy requires not merely that dissent is tolerated but that it be encouraged and that obligation of the Executive is expressly recognized by Article 4(d) so that the Police, too, must respect, secure and advance the right to dissent.” (Amaratunga v Sirimal and Others (Jana Ghosha case) [1993] 1 Sri L.R., Mark Fernando J. Supreme Court, Sri Lanka) I. OBJECTIVES OF THE RECOMMENDED GUIDELINES 1. To recognize the right of peaceful assembly, which is subject only to legitimate restrictions prescribed by law, that are necessary in a democratic society in the interest of national security or public order. [Article 14 (1)(b) of the 1978 Constitution of the Democratic Socialist Republic of Sri Lanka and Article 21 of the International Covenant on Civil and Political Rights (ICCPR)] 2. To recognize the obligations of the State under the Constitution to promote and uphold the rule of law and to guarantee human rights and fundamental freedoms for all. 3. To recognize that everyone shall enjoy the right of peaceful assembly enshrined in the Constitution without discrimination or fear. 4. To ensure law enforcement officials act in accordance with national law and Sri Lanka’s international human rights obligations when dealing with peaceful protesters. 5. To recognize the duties and responsibilities individuals have towards each other, including the responsibility to promote and observe the rights recognised under the Constitution. 1