The legislation on Public Assemblage

Abstract

The right to peaceful assembly is generally accepted and guaranteed internationally by the International Covenant on Civil and Political Rights (ICCPR). It should however be noted that under ICCPR the right to peaceful assembly is not absolute right, but relative. It may be restricted by the provisions of law for the protection of national security, public safety or public order, the protection of public health or morals, or the protection of the rights and freedoms of others.

The restrictions recognised by ICCPR base upon the grounds that the assembly of people, especially in the public place or public assembly, may not only affect right of the others to use that public place but cause national security, public safety and order and public health or moral at risk as well. All direct stakeholders of public assembly, viz. the organisers, the participants and the law enforcement authorities, shall have joint duty in management of the aforesaid risk and working altogether to protect the right of other person who desire to use that public place while public assembly is running. The law on public assembly in the author’s view should therefore not only contain the provisions that guarantee the right to peaceful assembly but also the provisions about the duties and responsibilities of the organisers, the participants and the law enforcement authorities, separately and jointly, in risks management. In this regard, the provisions on such duties and responsibilities should be at appropriate degree which does not obstruct the people to enjoy the freedom of assembly.

In supervising peaceful assembly, the law enforcement authorities should not do much than taking care of safety of the participants and facilitating other people to use the public place. The use of force to disperse of public assembly should be allowed merely when that assembly cause any public disorder or becomes riot and that situation may be detrimental to national security, public safety, public order or public health or morals or to the rights and freedoms of others. In this case, the one who causes or participates in such disorder or riot should be liable to his act personally. In order to maintain national security, public safety, public order or public health or morals or the rights and freedoms of others, the law on public assembly should equip the law enforcement authorities with the power to disperse any unlawful assembly at once. Even so, dispersing of such unlawful assembly shall be subjected to the principle of necessity and proportionality and shall be examined by the court.