To: Mayor Rahm Emanuel

Chicago: World Class Democracy

Dear Mayor Emanuel:

Over the winter, Mr. Maina Kiai, a UN Human Rights Special Rapporteur, provided guidance on protecting the rights to freedom of peaceful assembly. The purpose of this petition is to garner your assurance that his guidance will be incorporated into city procedures and training before protests grow larger this Spring. Interference with peaceful protests in cities across America has been well documented over the past year. Our intent here is not to rehash those incidents, but to focus forward.

Chicago has an opportunity to demonstrate to the world that the city is a leader of American democracy and freedom by adopting SR Kiai’s guidance before the world turns its attention to the NATO conference. We encourage you to invite SR Kiai to observe demonstrations during the NATO summit, so your leadership in protecting peaceful protesters can help others in their struggle for freedom.4, 5

We respectfully request information on your plans to ensure the following guidance from SR Kiai is implemented:

Government WILL NOT:
o Allow minor rules, like curfew, to interfere with the right to peaceful protest
o Require permits with time leads that prohibit spontaneous protest
o Ban locations from protests (allowed in city center and the streets)
o Set unreasonable limits on distance from buildings (allow for safe in/egress)
o Set conditions on media coverage of public gatherings
o Restrict protester citizenship or age

Police force WILL:
o PROTECT protesters
o Allow reasonable time for protesters to comply with their orders, like dispersal
o NOT use excessive force
o NOT retaliate against protesters who are arrested

Justice system WILL:
o Presume protesters are innocent until proven guilty
o Ensure protesters have equal access to justice
o NOT convict protesters solely on the basis of police testimony
o Set consequences proportional to the offense (no excessive fines or confinement)
We look forward to learning about your plans, and how we can assist you, to protect people, property, and the right to peaceful protest.

Sincerely yours,

First Amendment Freedom Chicago

Why is this important?

We are asking Mayor Emanuel to respect the rights of protesters to the freedom of peaceful assembly. Interference with peaceful protests in cities across America has been well documented over the past year. We request that the guidelines recommended by UN Human Rights Special Rapporteur, Mr. Maina Kiai, be followed in Chicago.

1Press release concerning new laws to interfere with protests in Geneva, Switzerland (3/9/12):
http://www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=11931&LangID=E
2SR Kiai report on his visit to the Republic of Georgia & protest observations (2/13/12):
http://www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=11816&LangID=E
3SR Kiai press release expressing concern over new laws in Malaysia (12/7/11):
http://www.un.org/apps/news/story.asp?NewsID=40647&Cr=peaceful%20assembly&Cr1=
4Country visits: http://www.ohchr.org/EN/Issues/AssemblyAssociation/Pages/CountryVisits.aspx
5Mr. Maina Kiai, Special Rapporteur on the rights to freedom of peaceful assembly and of association, Palais des Nations, CH-1211 Geneva 10, Switzerland, [email protected]