Prohibit demonstration without noticing the authority
Article 1- Demonstrations are permitted by virtue of a prior notification submitted to the competent governor according to the following principles: The organizers of the demonstration submit a prior notification to the governor at least a week before the date of the demonstration. This advance notification must include the following points: 1 - The reason for calling for a demonstration, the name and description of the party inviting it and the basic slogans that will be launched . 2- The names of the organizers of the demonstration, who must be Lebanese, and their number should not be less than three, in addition to specifying their places of residence. 3- The approximate number of participants in the demonstration, its start and end time. 4- The place or places where the demonstrators gather to set off. 5 - The proposed itinerary of the demonstration so that it mentions the streets it will take and the places where it will stop to deliver speeches. 6- The place of dispersal of the demonstration. 7- Submission of an undertaking to bear full responsibility for any damage that the demonstration may cause to people and private and public property signed by the applicants.
Partially Compliant with Standards
Analysis
Demonstration is a constitutional right guaranteed by the right of assembly and expression of opinion in Article 13 of the Lebanese Constitution. The exercise of this right, like other fundamental rights, entails special duties and responsibilities, and accordingly this right may be subject to certain restrictions, which may relate either to the interests of other persons or to the interests of society as a whole. However, restrictions may not be imposed unless three basic conditions are observed: These restrictions are “provided by law”; which may only be imposed to protect a legitimate interest and objective; And that it is necessary to protect the declared legitimate interest or objective. (Human Rights Committee, General Comment No. 10, Article 19 of 1983). Restricting the right for demonstration in Lebanon was carried out by virtue of a decision issued by the Minister of Interior. In this way, this is contrary to the general principles mentioned above, which require that the restriction be provided for by a law issued by the Parliament. In content, the decision to organize the right to demonstrate does not require obtaining a license from the authorities, but rather requires that the organizers of the demonstration submit information to the competent authorities that can exercise their authority to ensure security and protect people and property. Also, the restrictions imposed by the organizing decision are not all necessary, such as the obligation to inform the authorities of the basic slogans that will be launched during the demonstration, which constitutes a restriction and prior control.
Recommendations
The mentioned decision should be canceled and replaced with a law that guarantees freedom of demonstration and restricts the government's authority and governors to grant permission to protest. Also, the information required by the prior media, such as the reason for the demonstration and the basic slogans that will be launched, affects personal freedoms and is considered a restriction and harassment by the authorities. In addition, the period of notification specified for one week is considered a long and restricted period. In addition to holding the demonstration organizers responsible for the full damages resulting from any riot that may occur, it is inconsistent with the principle of personal responsibility for damage and criminal acts.
Related Themes
Freedom of assembly
