Decision to allow demonstrations by prior notice
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 ...
More DetailsPartially 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.
Penal Code
Article 346- Every crowd or procession on public roads or in a place open to the public is considered a rioting gathering and is punishable by imprisonment from one month to one year: If it consists o ...
More DetailsNot Compliant with Standards
Analysis
According to the second paragraph of Article 346 of the Penal Code, every gathering in a public place consisting of 7 people or more with the intention of protesting against a decision or measure taken by the public authorities with the intention of putting pressure on them is considered a riot and its members are punished by imprisonment.This restriction violates several basic rights at the same time: the right to express opinion, criticize and object to the decisions of public authorities, the right to assemble and demonstrate peacefully against the decisions of the authority. This restriction, even if it is linked to the possibility of a special intent, which is to put pressure on the public authorities, hence, this particular intent is legally available in all kinds of protest movements that aim to influence the behavior and decisions of the government, which are legitimate in any democratic society. This restriction on freedom of expression and the right to assemble and to object to the decisions of the authority is unnecessary, constitutes a flagrant violation of the freedoms mentioned and puts the very essence of those rights at risk.
Recommendations
Cancel the article, especially the third paragraph, which considers that any crowd of more than seven people with the intention of protesting against a decision or measure taken by the public authorities to put pressure on them, is considered a threat to public peace and this is contrary to the right to peacefully protest and object to the decisions of the authority.
Penal Code
Article 345- (ammended by Law 239 0n 27/5/1993) Whoever is in a meeting that does not have the character of a private meeting, whether by its purpose or purpose, or the number of invitees to it, or ...
More DetailsNot Compliant with Standards
Analysis
The legal rules that limit the exercise of freedom of assembly and demonstration must be clear. The elastic phrases used in the text of Article 345 of the Penal Code to restrict freedom of assembly and demonstration, (such as to shout slogans, riot songs, or the most prominent sign in situations where public security is disturbed) constitute an unjust restriction, that is unclear and vague and leads to abuse of the lack of clarity of the text, and to the violation of the rights of individuals and groups in assembly and demonstration. (Human Rights Committee in Comment No. 34 regarding Article 19)
Recommendations
Repealing this article because it contradicts the right of demonstration and expression, and includes elastic and unclear phrases that cause criminalization and leave a wide scope for discretion, such as: "to shout slogans, riot songs, or the most prominent sign in situations where public security is disturbed."
