A/74/255
56. After traumatizing events have taken place in public spaces, returning to these
spaces has been used as a means of resilience. Within a few hours of the 27 June 2019
terrorist attacks in Tunis, Tunisians gathered in cafés and streets to show their
solidarity, resistance to terrorism and determination to maintain public life. 55
57. In providing security measures, States should take into account that assemblies
are an equally legitimate use of public space as commercial activities and guard
against disproportionate impacts that may discourage spontaneous en counters and
interactions and result in exclusion or discrimination.
C.
Cultural practices, events and artistic expression in public spaces
58. Cultural initiatives can help design inclusive spaces and promote human rights.
Many artists are socially engaged and their works address political and social issues
(see A/HRC/37/55 for examples). In Algeria, since 2017, the “Art is public” initiative
has organized street art projects and neighbourhood clean-ups involving youth, as a
means of civic mobilization and social transformation. 56
59. Many cultural practices are carried out in public spaces. This ca n take different
forms, including street fairs, festivals, parades, concerts, markets, holiday
celebrations or commemorations of special events, performances, art projects and
processions. Sport, leisure and other recreational activities may also be undert aken in
public spaces.
60. Cultural events in public spaces should be considered as important as political
events, and be subject to the same international human rights standards and
limitations as any other assembly. 57 States have a positive obligation to facilitate and
protect cultural events as peaceful assemblies and legitimate exercises of the right to
take part in cultural life. A presumption in favour of this freedom should be clearly
and explicitly established in law and translated into policies, su bject only to the
limitations permitted in relevant international standards. 58 Local authorities should
respect and protect cultural rights, including artistic freedom, in particular as regards
forms of art that are specifically designed to be presented in public spaces.
61. In many countries, permits might be required for different purposes, such as
managing noise levels, liquor licensing, public safety and traffic control. Different
processes and rules apply depending on the type, size and location of even ts. It is the
duty of organizers to comply with legal obligations and the duty of designated
authorities to implement those rules in a transparent and non -discriminatory manner,
in accordance with international standards. 59
62. Whenever notification to public authorities is necessary to use public spaces, it
is the primary responsibility of the State to put in place adequate mechanisms and
procedures that will not hinder the exercise of cultural rights. Processes should not be
onerous, bureaucratic or unnecessarily lengthy and should allow for decisions to be
challenged. To help organizers comply, good practices such as guides providing clear
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See kapitalis.com/tunisie/2019/06/27/attaques-a-tunis-les-ministres-de-linterieur-et-de-la-santeau-chevet-des-blesses and www.linternaute.com/actualite/monde/2222407-direct-attentat-a-tunisle-scenario-des-attaques-precise.
See www.facebook.com/notes/lart-est-public/lart-est-public/265507707728233 and the Right to
the City global platform (https://righttothecity.org).
See Human Rights Committee concluding observations cited in paragraph 27 above.
See, for example, in France, Mission nationale pour l’art et la culture dans l’espace public (June
2016).
See contribution by United Cities and Local Governments, citing Municipal Decree
No. 031/2018 in La Paz, Plurinational State of Bolivia, and Municipal Law 9.902/2016 in Santo
André, Brazil.
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