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Protest law must be implemented for public interests (Part II and End)

19/8/17

France
Whereas the preamble of the French Constitution protects the right to strike, there is no explicit protection of the right to peaceably assemble. The right to peaceably assemble can be inferred, however, from the 1789 Declaration of the Rights of Man and of the Citizen, which is incorporated into the current French Constitution. Since 1935, the right to assemble in a public space has been contingent on prior notification. Notification must be given to the local prefecture or to the town hall (mairie) of the town(s) where the demonstration or assembly is supposed to take place, at least three days, and no more than fifteen days, before the date of the demonstration or assembly. The authorities (the prefect or the mayor) may prohibit a demonstration if they believe that it would disturb public order.

Britain
The United Kingdom’s Human Rights Act 1998 provides that every person in the UK has a number of fundamental rights and freedoms, and incorporates the European Convention on Human Rights into the domestic law of the UK. These include the right to freedom of expression and the right to assemble peacefully and associate with others. Restrictions may only be placed on this right if prescribed by law and necessary in a democratic society. The Act does not prevent the police, armed forces, or administrators of the state from imposing lawful restrictions on the exercise of peaceful assembly and freedom of association. Notices for Public Processions and Assemblies Limits to public processions and assemblies have been imposed by the Public Order Act 1986. This Act provides that the police should be given notice of a public procession in writing at least six days prior to the procession. The Public Order Act 1986 also allows the police to impose conditions on both public processions and public assemblies if they believe serious public disorder, property damage, or disruption will occur, or if the purpose of the procession is to intimidate others. The conditions imposed must be necessary to prevent the issue of concern, and may include restrictions on the route of processions or prohibitions on entering public places. Conditions on public assemblies can include restrictions on location, the number of people allowed in attendance, or duration. These conditions may be placed in advance of the procession or assembly, or at the time of it. Failing to comply with any conditions is a criminal offense punishable by up to three months’ imprisonment and/or a fine. The Police Reform and Social Responsibility Act 2011 controls the activities that may occur in Parliament Square Garden and on its adjacent sidewalks. The Act prohibits the use of amplifiers and the use of tents or structures designed to allow people to sleep or stay in that area.

America
The First Amendment to the United States Constitution prohibits the United States Congress from enacting legislation that would abridge the right of the people to assemble peaceably. The Supreme Court of the United States has held that the First Amendment protects the right to conduct a peaceful public assembly. The right to assemble is not, however, absolute. Government officials cannot simply prohibit a public assembly in their own discretion, but the government can impose restrictions on the time, place, and manner of peaceful assembly, provided that constitutional safeguards are met. Time, place, and manner restrictions are permissible so long as they “are justified without reference to the content of the regulated speech, . . . are narrowly tailored to serve a significant governmental interest, and . . . leave open ample alternative channels for communication of the information.” Such time, place, and manner restrictions can take the form of requirements to obtain a permit for an assembly. The Supreme Court has held that it is constitutionally permissible for the government to require that a permit for an assembly be obtained in advance. The government can also make special regulations that impose additional requirements for assemblies that take place near major public events. In the United States, the organizer of a public assembly must typically apply for and obtain a permit in advance from the local police department or other local governmental body. Applications for permits usually require, at a minimum, information about the specific date, time, and location of the proposed assembly, and may require a great deal more information. Localities can, within the boundaries established by Supreme Court decisions interpreting the First Amendment right to assemble peaceably, impose additional requirements for permit applications, such as information about the organizer of the assembly and specific details about how the assembly is to be conducted. The First Amendment does not provide the right to conduct an assembly at which there is a clear and present danger of riot, disorder, or interference with traffic on public streets, or other immediate threat to public safety or order. Statutes that prohibit people from assembling and using force or violence to accomplish unlawful purposes are permissible under the First Amendment.
In the early 2017, after a turbulent start to Donald Trump’s presidency, which has seen millions of Americans take to the streets, More anti-protest laws are being pushed by lawmakers across the country. At least 10 new bills which aim to curb the right to protest have been filed by state legislatures in recent months.
So you can see how law on protest is regulated in the world, in Western countries, which usually voice out for protecting and promoting human rights and democratic values. People have right to assemble but organizers must ask for permission on time, place and activities in protests. Authorities also have rights to monitor and supervise protests due to public safety and national security. These are what Vietnamese lawmakers can learn to build the country’s protest law in order to enhance rights of the people and bring activities of assemblies, protests, marches, rallies, etc into legal procedure for public interests./.


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yobro yobro 19/8/17 12:27

Protests must be conducted in peace not riots.

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