13. The State should refrain from imposing measures that regulate or limit the free
dissemination of information about protests via broadcast, print media and social media,
the internet and other communication platforms. Any limitation in the interest of national
security, public order, public health, public morals, and safety must be prescribed by law.
14. The State is permitted to derogate from international human rights commitment only in
cases of public emergency threatening the nation's life. Any such derogation must be
officially and lawfully practiced within the confines of national and international law. The
State should not declare a state of emergency to limit protests.
15. The State should prohibit the deployment of the military armed forces for the policing of
civilian protests, except as strictly allowed by the Constitution and other domestic
legislation. They may be deployed for policing protests, only in exceptional circumstances,
upon the request of civilian authorities.
15.1 .They may be deployed only as support for the police and are placed under the
command of the police (S.95(3) of the Code of Criminal Procedure Act, No. 15 of 1979).
15.2 They must fully comply with international human rights law and standards on
policing and principles on the use of force and the standards set out in the
recommended guidelines.
15.3 Their operational procedures must completely shift from a combative approach (fight
the enemy) to a law enforcement approach, avoiding the use of force by the change of
equipment and correct use of equipment.
16. In the event a protest ends in violence, it is imperative for the State to acknowledge that it
was due to the failure of the State to effectively facilitate the peaceful protest, prevent
violence, and engage in conflict resolution with those who were likely or intending to
engage in violence.
17. Domestic legal regimes on the use of force by law enforcement officials must comply with
the requirements enshrined in international law.
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