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How do you define lawful peaceful protest? UNHRC has a clear answer

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Protesters gather at a park in Brooklyn, New York City to demonstrate against racism and police violence. UN News/Daniel Dickinson

People have the right to demonstrate peacefully and Governments should respect international law and let them do so, senior UN-appointed independent rights experts said on Wednesday.

The legal advice is from the UN Human Rights Committee, whose 18 experts monitor how countries implement the International Covenant on Civil and Political Rights.

The panel’s General Comment, notes that protesters have the right to wear masks or hoods to cover their face and that Governments should not collect personal data to harass or intimidate participants.

Focus on racial justice

The development comes at a time of worldwide protests in support of the Black Lives Matter movement and clarifies how “peaceful assembly” should be understood by the 173 countries which have ratified the Covenant. 

Committee member Christof Heyns, said that it was a “fundamental human right” for people to gather to celebrate or to air grievances, “in public and in private spaces, outdoors, indoors and online.”

“Everyone, including children, foreign nationals, women, migrant workers, asylum seekers and refugees, can exercise the right of peaceful assembly”, he added.

‘Generalised references’ are not enough

The Committee’s advice also notes that Governments could not prohibit protests by making “generalised references to public order or public safety, or an unspecified risk of potential violence”.

In addition, Governments “cannot block internet networks or close down any website because of their roles in organising or soliciting a peaceful assembly”, according to the Committee.

It also stressed the right of journalists and human rights observers to monitor and document any assembly, including violent and unlawful ones.

Rights expert hails ‘landmark affirmation’

The UN Special Rapporteur on the rights to freedom of peaceful assembly and association, hailed the new interpretation that the right to peaceful assembly also extends to “digital activities”.

“I am excited by this truly landmark affirmation that protection of the right to peaceful assembly extends to remote participation, including online assemblies”, said Clément Voule, reacting to a document released by the Committee. “It is particularly relevant during the COVID-19 pandemic, when so many peaceful gatherings have moved online.”

“By focusing extensively on the intersection of digital technologies and the right to peaceful assembly, General Comment 37 sets out a clear framework to protect this fundamental right in the digital era”, said MR. Voule. “It firmly settles the debate about whether the right to peaceful assembly extends to online activities, says governments should not block or hinder Internet connectivity in relation to peaceful assemblies, and questions the chilling effect of surveillance technologies.”

The Committee’s interpretation will be important guidance for judges in national and regional courts around the world, as it now forms part of what is known as ‘soft law’, he added.

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Europe accuses US of ‘profiting from war’

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Top European officials are furious with Joe Biden’s administration and now accuse the Americans of making a fortune from the war, while EU countries suffer. “The fact is, if you look at it soberly, the country that is most profiting from this war is the U.S. because they are selling more gas and at higher prices, and because they are selling more weapons,” one senior official told POLITICO.

Washington announced a $369 billion industrial subsidy scheme to support green industries under the Inflation Reduction Act that Brussels went into full-blown panic mode. “The Inflation Reduction Act has changed everything,” one EU diplomat said. “Is Washington still our ally or not?”

“We are really at a historic juncture,” the senior EU official said, arguing that the double hit of trade disruption from U.S. subsidies and high energy prices risks turning public opinion against both the war effort and the transatlantic alliance. “America needs to realize that public opinion is shifting in many EU countries.”

The biggest point of tension in recent weeks has been Biden’s green subsidies and taxes that Brussels says unfairly tilt trade away from the EU and threaten to destroy European industries. Despite formal objections from Europe, Washington has so far shown no sign of backing down.

As they attempt to reduce their reliance on Russian energy, EU countries are turning to gas from the U.S. instead — but the price Europeans pay is almost four times as high as the same fuel costs in America. Then there’s the likely surge in orders for American-made military kit as European armies run short after sending weapons to Ukraine.

Officials on both sides of the Atlantic recognize the risks that the increasingly toxic atmosphere will have for the Western alliance.

“The U.S. is following a domestic agenda, which is regrettably protectionist and discriminates against U.S. allies,” said Tonino Picula, the European Parliament’s lead person on the transatlantic relationship.

Cheaper energy has quickly become a huge competitive advantage for American companies, too. Businesses are planning new investments in the U.S. or even relocating their existing businesses away from Europe to American factories. Just this week, chemical multinational Solvay announced t is choosing the U.S. over Europe for new investments, in the latest of a series of similar announcements from key EU industrial giants.

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American view: ‘Putting an end to Volodymyr Zelensky’s follies!’

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“Zelensky comes out of the process smelling really bad as he has worked assiduously at blaming Russia, which clearly is not true,” – writes Philip Giraldi from Ron Paul Institute.

One week ago, he reminds, the Ukrainian government may have deliberately attacked neighbor Poland in an attempt to draw the NATO alliance into its war with Russia. The incident involved a missile that hit a grain processing site inside Poland and killed two farmers.

Ukrainian President Volodymyr Zelensky immediately blamed Russia for the incident even though he surely must have known that the missile had been fired from Ukraine, meaning that he may have been using a so-called “false flag” to create a false narrative of what had occurred.

Given the fact that Zelensky has been saying and doing everything possible to draw the US and NATO into fighting Russia on his behalf, I believe that the missile strike was quite plausibly a deliberate “false flag” attempt to start a much broader war.

That such a war could easily turn nuclear reveals just how reckless Zelensky can be. One NATO country foreign diplomat based in Kiev told “The Financial Times”, that “This is getting ridiculous. The Ukrainians are destroying [our] confidence in them. Nobody is blaming Ukraine and they are openly lying. This is more destructive than the missile.”

There has been considerable speculation that the unregulated and unmonitored flow of billions of dollars of US taxpayer provided money through Ukraine’s notoriously corrupt government provided a perfect mechanism for large scale money laundering.

Even assuming that the Ukrainian missile strike on Poland was due to some malfunction, Zelensky comes out of the process smelling really bad as he has worked assiduously at blaming Russia, which clearly is not true.

He is using his contrived narrative to dramatically expand the war by creating a situation which would bring NATO directly into the conflict and which could easily go nuclear.

Indeed, he is attempting to compel NATO participation.

Beyond that, the US and NATO, burdened with such an “ally,” should take immediate steps to disengage from supporting the fighting and call for a negotiated settlement of the conflict.

To be sure, Zelensky is capable of anything and no lie is too mendacious for the former comedy actor who is now basking in the glow of his celebrity, writes Philip Giraldi.

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Iran’s Parliament approves bill on accession to SCO

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Iran’s Parliament has approved by a majority vote a bill on the Islamic republic’s accession to the Shanghai Cooperation Organization (SCO), according TASS information.

205 parliamentarians voted for the bill, 3 voted against and 4 abstained.

On September 30, Iranian President Ebrahim Raisi signed a bill on the country’s accession to the Shanghai Cooperation Organization. According to the Young Journalists Club news agency, Raisi sent the bill to the country’s parliament for consideration.

Iran signed a memorandum on liabilities for joining the Organization.

The Organization’s summit in Uzbekistan on September 15-16 launched the procedure of admitting Belarus as a full-fledged member.

Egypt and Qatar were granted a dialogue partner status, while Bahrain, Kuwait, the Maldives, Myanmar, and Saudi Arabia began the procedure for obtaining this status.

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