In the light of recent protests and demonstrations around the World Summit on Sustainable Development (WSSD), the Commission would like to state categorically that it does not support illegal demonstrations.

To the extent that there may be attempts to deliberately undermine public order and scuttle the proceedings at the summit we state that no democracy can tolerate such actions. In such instances, the law enforcement agencies must take whatever reasonable measures necessary.

The Bill of Rights guarantees that everyone has the right to assemble, demonstrate, and picket and to present petitions peacefully and unarmed. This right is important in the preservation and promotion of democracy. However this right has to be exercised within the provisions of the law of the country.

In view of the significance of the World Summit on Sustainable Development and the different and sometimes conflicting opinions on the summit peaceful demonstrations are an essential part of this process as they allow freedom of expression. The Commission therefore urges government to allow as much as reasonably possible the holding of peaceful and unarmed demonstrations within the confines of the law.

The Commission also urges both organisers of marches and demonstrations to secure the necessary authorisation and equally urges law enforcement agencies to view demonstrations and protests as an element of our constitutional democracy. Police and local authorities are also urged to, as far as possible, accede to bona fide requests, where possible.

It is important for everyone in South African to recognise that the right to demonstrate and protest needs to be weighed and balanced against other rights. The Commission is aware that in the recent weeks those lawful protests have resulted in the violation of other people's rights such as right to property. As a body established to protect and promote rights of everyone the Commission is concerned about such unfortunate incidents.

Issued by Shirley Mabusela:
Chairperson of South African Human Rights Commission
Date: 27 August 2002
For further information please phone:
Phumla Mthala Contact Number: (011) 484-8300/ 083 265 3612

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