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 __________________ 55 56 57 58 59 16/24 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. 19-13014

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