National Institution for Human Rights – Kingdom of Bahrain 12. NIHR emphasizes that the right to peaceful assembly faces a challenge associated with the community culture and awareness in dealing with it. The peaceful assembly description means that all practices associated with it should be devoid of any manifestations of violence or counter-violence by any party, or anything that would influence or prejudice the right of others to enjoy other rights and freedoms. This called for legislative interference to create controls to prevent abuse or misuse of this right, provided that these controls are consistent with the provisions of international human rights law. 13. NIHR confirms that while the State has the right to intervene by enacting legislation and taking appropriate measures to regulate the exercise of the right to peaceful assembly as a result of some violations associated with these gatherings, the intervention by the State should not be in a manner in which the right is confiscated or restricted and ultimately divested of its essence. In the same context, NIHR believes that while the provisions of Decree - Law No. 22 of 2013 substituting Article 11 of Decree-Law No. 18 of 1973 on Public Meetings, Marches, and Assemblies, which prohibits demonstrations, marches, rallies or sit-ins in the city of Manama, aims to maintain national security, public order, public safety, or public health or protect the rights of others, the Government should not interfere without justification in the organization of the right to peaceful assembly. The spatial ban (Manama) set forth in the aforesaid Decree-Law undermines the exercise of this right. This is consistent with the statement of the Special Rapporteur on the Rights to Freedom of Peaceful Assembly and of Association that: “The states have also a negative obligation represented in avoiding the unjustified interference with the right to peaceful assembly. the Special Rapporteur holds as best practices the laws governing freedom of assembly which avoid prescribing blanket prohibition on location and time, and provides for the possibility of imposing other restrictions which are of a lesser degree than interference .... The prohibition should be a measure of the last resort”5. 14. NIHR believes that the full and actual exercise of the right to peaceful assembly and participation therein should not be subject to (prior permission) by the competent authority, but rather to (prior notice) as the maximum measure in order to enable that body to facilitate the exercise of this right, and to take measures that aim to safeguard public safety, maintain public order, and maintain the rights and freedoms of others. This approach is consistent with the course pursued by the Special Rapporteur on the Rights to Freedom of Peaceful Assembly and of Association in this regard 6. RECOMMENDATIONS: In light of the foregoing, NIHR recommends the following: 1. Inviting the legislative authority to pass a new law on peaceful assembly that guarantees the freedom to enjoy this right in the context of the relevant international human rights instruments, or amending Decree No. 18 of 1973 on Public Meetings, Marches and Assemblies, as amended, by including a clear and explicit provision that considers the purpose of the notice to hold peaceful gatherings is to organize rather than prevent holding these gatherings, and lifting the prohibition of demonstrations, marches, rallies or sit-ins in the city of Manama. 2. The need for law enforcement agencies to protect all marches, sit-ins and rallies, especially if such right is not accompanied by any manifestation of violence or breach of security and public safety. 5. Report of the Special Rapporteur on the Rights to Freedom of Peaceful Assembly of Freedom of Association (Maina Kiai), dated May 21, 2012 - submitted to the United Nations General Assembly - Document No. (A / HRC / 20/27) - p 14. 6. Report of the Special Rapporteur on the Rights to Freedom of Peaceful Assembly of Freedom of Association (Maina Kiai), dated May 21, 2012 - submitted to the United Nations General Assembly - Document No. (A / HRC / 20/27) - p 10. 67