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"In order to merit the protection of ICCPR, art 21, an assembly must be peaceful. As long as an assembly is conducted in a non-violent manner, it may be disrupted only in accordance with the strict limitations citied in the article. …there must be a genuine need in order for a State to avail itself of the permissible restrictions. In addition, the restrictions are allowed only if they are ‘in conformity’ with the law. In other words, no agent of the State may arbitrarily interfere with a peaceful assembly. Rather, he must be authorized by law to do so, and the laws in question must respect the international standards [associated with this obligation]. Any restrictions on the right to assembly may not go beyond the need to protect the public interests listed and the least restrictive means must be employed. Furthermore, it should be noted that State authorities have a duty to protect the demonstrators themselves. The right of assembly must be respected, since public demonstrations and political rallies are an integral part of the election process and provide an effective mechanisms for the public dissemination of political information."
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UN (Center for Human Rights): Human Rights and Elections: A Handbook on the Legal, Technical, and Human Rights Aspects of Elections, para. 42Download Document
Human Rights and Elections: A Handbook on the Legal, Technical, and Human Rights Aspects of Elections
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