UN Expert Warns UK Against Banning Pro-Palestinian Protests, Says New Law Threatens Fundamental Democratic Freedoms

The UN expert warned that restrictions on anonymity may discourage participation in lawful demonstrations, particularly among vulnerable or marginalized communities.

A United Nations human rights expert has sharply criticised the United Kingdom's new policing legislation and mounting political calls to ban pro-Palestinian demonstrations, warning that the measures risk violating international human rights obligations and undermining core democratic freedoms.

Gina Romero, the UN Special Rapporteur on the rights to freedom of peaceful assembly and of association, said the recently enacted UK Crime and Policing Act, which entered into force on 29 April, contains provisions that are fundamentally incompatible with international protections for peaceful protest, freedom of expression, and political participation.

"The entry into force of the UK Crime and Policing Act on 29 April introduces provisions fundamentally incompatible with international human rights obligations regarding the rights to freedom of peaceful assembly, association, and expression, and the right of participation," Romero said in a statement issued Thursday.

Her warning comes amid intensifying political debate in Britain over large-scale pro-Palestinian demonstrations that have taken place regularly across the country since the outbreak of the Gaza war following the Hamas-led attacks on Israel on 7 October 2023.

UN Raises Alarm Over "Cumulative Disruption" Powers

At the centre of the UN expert's concerns is the law's introduction of the vague concept of "cumulative disruption," which she says grants police excessive discretionary authority to restrict protests.

Romero warned that the measure could be used to suppress lawful assemblies by treating repeated demonstrations as inherently problematic.

"Of primary concern is the vague concept of 'cumulative disruption,' which grants law enforcement excessive discretionary powers to restrict assemblies," she said.

The Special Rapporteur stressed that under international human rights standards, peaceful protests inevitably involve some level of disruption and inconvenience, which democratic societies are obligated to tolerate and accommodate.

Human rights organizations in the UK have similarly warned that broadly defined disruption powers could chill public participation in demonstrations and expand policing authority beyond internationally accepted limits.

Concerns Over Face Covering Ban and Surveillance

Romero also criticised provisions criminalising face coverings during protests, describing them as particularly troubling in the context of growing surveillance technologies and fears of reprisals against activists.

"The Act's criminalisation of face coverings is especially problematic amidst intensified surveillance, as anonymity is often essential to protect privacy and prevent chilling effects," she said.

Rights groups have increasingly raised concerns about facial recognition technologies and extensive monitoring of demonstrations in the UK and other democracies, arguing that anonymity can be crucial for protesters seeking to avoid harassment, retaliation, or profiling.

The UN expert warned that restrictions on anonymity may discourage participation in lawful demonstrations, particularly among vulnerable or marginalized communities.

Restrictions Near Places of Worship Criticised

The UN Special Rapporteur further expressed concern about new limits on protests near places of worship, saying such restrictions risk creating effective "no-go zones" for political expression.

"By imposing further restrictions on mobilisations near places of worship, the State risks creating 'no-go zones' for dissent, undermining its duty to facilitate assemblies within 'sight and sound' of their target audience," Romero said.

International human rights standards generally require authorities to facilitate peaceful assemblies in locations where protesters can effectively communicate their message to intended audiences.

Critics of the UK legislation argue that broad location-based restrictions may disproportionately affect demonstrations connected to politically sensitive issues.

Political Pressure to Ban Pro-Palestinian Demonstrations

The UN warning follows recent political calls in Britain for stronger restrictions — and even temporary bans — on pro-Palestinian marches.

On 29 April, following multiple stabbing incidents in Golders Green, London, Prime Minister Keir Starmer said his government would consider banning some pro-Palestinian protests because of what he described as their "cumulative" impact on the UK Jewish community.

The remarks came amid increasing political pressure from opposition figures who demanded a moratorium on pro-Palestinian demonstrations.

The debate intensified further after comments by the UK's Independent Reviewer of Terrorism Legislation, who reportedly argued that it was "clearly impossible at the moment" for such protests not to "incubate" antisemitism.

The UN expert acknowledged that antisemitism remains a serious and growing concern that governments must address decisively.

However, Romero warned that combating antisemitism cannot be used as justification for broad prohibitions on peaceful assembly.

"Antisemitism is a serious problem that must be addressed through targeted and lawful measures. It cannot justify a blanket prohibition on peaceful protest," she said.

Concerns Over Discrimination and Unequal Treatment

Romero also expressed concern that the UK government's approach appears to apply heightened scrutiny to demonstrations associated largely with Muslim communities while not applying equivalent standards to other protests linked to racist or antisemitic incidents.

The Special Rapporteur warned that such unequal application of restrictions could amount to discrimination prohibited under international law.

"Where restrictions are framed around conduct — such as antisemitism — but are applied in a manner that disproportionately burdens one community defined by religion or ethnicity, this may amount to discrimination," Romero said.

International human rights law prohibits discrimination in the exercise of fundamental freedoms on grounds including religion, race, ethnicity, and political opinion.

Rights advocates have increasingly warned against conflating criticism of Israeli government policies or expressions of solidarity with Palestinians with antisemitism, arguing that doing so risks suppressing legitimate political expression.

Warning Ahead of Nakba Demonstrations

The UN expert stressed that freedom of peaceful assembly remains a cornerstone of democratic societies, particularly during periods of political tension and public debate.

"The freedom to assemble is foundational to a democratic society. Banning pro-Palestinian protests would be an affront to democracy," Romero said.

She emphasized the importance of protecting protest rights ahead of planned Nakba mobilisations on 16 May, which commemorate the displacement of hundreds of thousands of Palestinians during the 1948 Arab-Israeli war.

Large Nakba demonstrations are expected to take place in multiple cities worldwide, including London, amid continuing anger over the humanitarian crisis in Gaza.

Growing International Scrutiny of Protest Restrictions

The UK has faced increasing scrutiny from international human rights bodies over recent protest-related legislation, including laws expanding police powers to impose restrictions on demonstrations deemed disruptive.

Civil liberties organizations argue that successive policing laws adopted in recent years have significantly narrowed space for protest in Britain, one of the world's oldest parliamentary democracies.

The latest intervention by the UN Special Rapporteur is likely to intensify debate over the balance between public order, combating hate speech, and protecting fundamental civil liberties during one of the most politically charged periods in Britain's recent history.