II. SCOPE OF THE RECOMMENDED GUIDELINES 1. These recommended guidelines reiterate the fundamental rights recognized and guaranteed by the Constitution of Sri Lanka in relation to the right of peaceful assembly. 2. It seeks to prevent and address violations which occur in the context of public protests and ensure accountability of the State in general and law enforcement officials in particular. 3. The framework contained in the recommended guidelines: 3.1 Establish that protesters will not be subject to torture or cruel, inhuman or degrading treatment or punishment under any circumstance. (Article 11 of the Constitution) 3.2 Establish that protesters are entitled to freedom from arbitrary arrest, detention, and punishment. (Article 13 (1), 13(2), 13 (3), 13(4), 13(5), 13(6) of the Constitution). The exercise of the rights guaranteed in Articles 13 (5) and 13(6) are subject only to restrictions as provided by law in the interests of national security. 3.3 Establish that all persons are equal before the law and are entitled, without any discrimination to the equal protection of the law. In this respect, the law shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any grounds such as race, religion, language, caste, sex, political opinion, place of birth or any such grounds (Article 12 of the Constitution) 3.4 Establish that every citizen has the right to freedom of expression; this right includes; freedom of peaceful assembly (Art 14(1)(a)(b) of the Constitution) 4. The recommended guidelines also ensure that no restrictions are placed on the exercise of the above rights other than those prescribed by law and necessary in the interest of national security or public safety, the protection of public health, the protection of racial and religious harmony, or the protection of rights and freedom of others. (15(3) and (15 (7) of the Constitution) 2