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Protest law must be implemented for public interests (Part I)
Protest law must be implemented for public interests (Part I)
17/8/17
Freedom of peaceful assembly is a recognized right under international human rights law. But all of the countries surveyed require advance notification, except Sweden, which requires either authorization or notification depending on the type of assembly, and the United States, where the Supreme Court has held that it is permissible under the US Constitution for a government to require a permit to hold a peaceful assembly.
The right to peaceful assembly is established in article 11 of the European Convention on Human Rights. States parties may impose certain limitations on the exercise of this right. However, such restrictions must be (a) prescribed by law; (b) necessary in a democratic society; and (c) in the interests of national security or public safety, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.
States may request prior notification in order to take the necessary measures to protect public order and the rights and freedoms of others. Thus, the purpose of providing prior notification is to indicate the intent of the organizers involved. Let see how countries respect and specify this principle.
Sweden
The rights of peaceful assembly, to protest, and to hold religious meetings are protected by the Swedish Constitution. These rights may only be limited by legislation. Under Sweden’s Constitution, limits on the personal freedoms mentioned above may only be imposed if the measure taken meets objectives acceptable in a democratic society. The right of assembly and the right to protest may only be limited to the extent necessary to protect peace and security during the assembly, for traffic reasons, for national security reasons, or to prevent disease. The constitutional limits on the right of assembly are also reiterated in the Public Order Act. In addition, the government may designate certain geographic areas as off limits to protests if done to protect national security.
Notification or Police Authorization for Peaceful Assemblies Public assemblies are regulated in the Public Order Act. Those who organize assemblies must either give notice in advance or obtain police authorization, depending on the type of event. A very limited number of public assemblies are exempt from the authorization requirement and instead only require advance notice to the police a week prior to the event. An application for authorization to hold a public assembly must be submitted in all other cases and should be submitted to the police one week prior to the meeting, if possible. Both applications and notifications should include “information on the organizers, the time and place of the assembly, the type of assembly, and its main design as well as the security measure that the organizers are planning.” An application for authorization needs to be in writing whereas a notification can be made either in writing or orally. The police may terminate or cancel an authorized or unauthorized public assembly if there is a “considerable risk of danger to those attending or a serious disturbance of traffic.” The police may also deny applications for types of public assemblies that previously resulted in violence or danger that warranted the cancellation or termination of the event. A decision by the police in relation to a public assembly can be appealed to the administrative courts.
Italy
Pursuant to Part I of Italy’s Political Constitution, citizens have a constitutional right to peaceful and unarmed assembly (diritto di riunirsi pacificamente e senz’armi). However, a decision of the Italian Constitutional Court in 1958 abrogated this provision. For meetings in public places, previous notice must be given to the authorities, who may forbid such meetings only for proven reasons of security and public safety. In effect, under domestic law, the conditions limiting the right to assembly are that gatherings must be peaceful and their participants must not carry weapons, as provided in the Constitution. A peaceful assembly is defined as one that does not “disturb the public order” (turbi l’ordine pubblico).
The main statutory provisions implementing the constitutional right to peaceful assembly are contained in articles 18–24 of R.D. No. 773. These provisions, among other regulations, establish that the advance notice required by article 17 of the Constitution must be given to the questore (superintendent—a provincial authority in charge of public safety) at least three days prior to the day of the meeting. Violation of the notice provisions is punishable by imprisonment and fines. Based on considerations of public order, morality, and public health, the superintendent may prohibit the meeting, or establish the time and place of the meeting. The authorities may dissolve a meeting held in a public place or in a place open to the public if shouting or demonstrations erupt that are seditious, damaging to the prestige of the authorities, or threatening to the public order or the safety of citizens, or when crimes are committed during those demonstrations or gatherings. The display of flags or emblems that are symbols of social subversion, rebellion, or contempt toward the state, the government, or the authorities are always considered seditious, as are the display of distintivi (badges) of partisan associations. Public safety officers or, in their absence, officers or deputy officers of the police (ufficiali di pubblica sicurezza o, in loro assenza, dagli ufficiali o dai sottufficiali dei carabinieri) may request those assembled in unauthorized meetings to disperse. If such a request is disobeyed, dissolution of the meeting may be ordered through three formal notices, each of them preceded by the sounding of a trumpet. If those in attendance do not heed the order, the above referenced officers may forcibly dissolve the meeting. Resisting dispersal is punishable by arrest and a fine. The carrying of firearms and other weapons in public meetings without authorization from the authorities is prohibited. Law No. 110 of April 18, 1975, lists a series of weapons that may not be carried outside of one’s own residence. Holders of weapons permits are also forbidden from carrying weapons in public meetings.
Spain
The Spanish Constitution recognizes the right to peaceful. In the event of meetings and demonstrations in public places, prior notification must be given to the authorities, who may ban such meetings only when there are well-founded grounds to expect a breach of public order, involving danger to persons or property. The Constitutional Court, in interpreting this provision, has observed that any demonstration in a public transit area that hinders or obstructs the normal patterns of social and community life, such as by impeding traffic flow, may be deemed to endanger the integrity of persons or property. Holding a march or protest without the requisite prior notification makes its organizers or leaders liable to administrative sanctions, according to the Organic Law on Public Safety. Organic Law 9/1983 provides that government authorities may suspend or break up meetings or marches under the following conditions: a) When they are considered illegal according to criminal law. b) When they create public disturbances, putting people or property at risk. c) When participants wear paramilitary uniforms. The Penal Code prohibits assemblies or demonstrations whose purpose is the perpetration of a crime or at which participants carry weapons, explosives, or blunt or otherwise dangerous objects./. (to be continued)
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All comments [ 7 ]
For meetings in public places, previous notice must be given to the authorities, who may forbid such meetings only for proven reasons of security and public safety.
No law, no citizen right should stand above the national interests and security is one of national interests must be protected.
No country lets rights of assembly and protest hurt the country's interests and security. Vietnam's government should carry out protest law in alliance with the people's interests.
Hostile and anti-Vietnam forces have misinterpreted the law to launch their dark schemes against the country.
No law should be misused to conduct anti-State activities!
Both applications and notifications should include “information on the organizers, the time and place of the assembly, the type of assembly, and its main design as well as the security measure that the organizers are planning.
Vietnam should quickly issue a full protest law to prove the country's implementation of human rights and democracy, as those laws!
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