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OSCE human rights chief expresses concern about proposed amendments to Mass Events Law

Ambassador Janez Lenarcic, director of the OSCE Office for Democratic Institutions and Human Rights (ODIHR), has expressed concern over the Belarusian authorities’ intention to introduce further restrictions on the freedom of peaceful assembly by legislatively banning “silent protests.”

On July 20, Belarus’ Council of Ministers submitted a bill to the House of Representatives of the National Assembly, which would amend the Mass Events Law by, among other things, expanding the definition of picketing to include “inaction in a public place.” Unsanctioned “inaction in a public place” would be penalized just like unsanctioned picketing.

The bill says that the definition of picketing shall include “the joint mass presence of people in an appointed public place, including an open-air place, at an appointed time for doing a certain action or inaction, which is organized, among other methods, through the World Wide Web and other information networks for a public expression of political and public sentiments or protest.”

“Freedom of peaceful assembly is one of the fundamental rights, and all OSCE participating States, including Belarus, have committed themselves to respect this freedom. This was confirmed recently in strong terms by the heads of state and government of the OSCE’s participating States at the 2010 Astana Summit,” Mr. Lenarcic said.

“Under international law and OSCE commitments, restrictions on the freedom of assembly are only permissible under very narrowly defined circumstances,” noted Serghei Ostaf, a member of ODIHR’s Advisory Panel of Experts on the Freedom of Assembly. “Any restriction must not only be prescribed by law, but must also be necessary in a democratic society in the interests of national security or public safety, public order, the protection of public health or morals, or the protection of the rights and freedoms of others.”

“The proposed introduction of an authorization requirement and blanket restriction on any previously agreed gathering does not appear to meet these criteria, and thus is in contravention of Belarus' international legal obligations,” Mr. Ostaf said.

He added that as a basic and fundamental right, freedom of assembly should, insofar as possible, be enjoyed without regulation, and in general those wishing to assemble should not be required to obtain permission to do so. //BelaPAN