OSCE/ODIHR Urges Government to Reject Controversial ‘Tents Law’
Following the request of the Georgian Public Defender on October 18, the Office for Democratic Institutions and Human Rights of the Organization for Security and Co-operation in Europe (OSCE/ODIHR) on November 10th issued the Urgent Opinion on Proposed Amendments to the Law of Georgia on Assemblies and Demonstrations and to the Administrative Offences Code of Georgia. The OSCE/ODIHR says “the Draft Amendments would not fulfil the strict requirements under international law when restricting the right to freedom of peaceful assembly,” adding that “consequently, their adoption should not be pursued.”
According to the Urgent Opinion, the “right to freedom of peaceful assembly protects a broad range of gatherings and assemblies, including long-term demonstrations, extended sit-ins and “occupy”-style manifestations and also encompasses the freedom to choose the modalities and manner of an assembly,” and the participants should be free to choose how they want to reach to their audience “including by the temporary erection of structures during assemblies.”
OSCE/ODIHR argues that restrictions on assemblies may be regulated when they are necessary for the state’s legitimate interests, but the regulation should not be related to the message of the assembly, and it should comply with the requirements of legality, legitimacy, necessity, proportionality and nondiscrimination.
Regarding the legality of the measure, the OSCE/ODIHR says that the range of grounds included to justify the proposed new prohibition are “wide and not clearly defined.” As an example, the Urgent Opinion mentions “the broad reference to threats to any persons – without specifying the nature or imminence of the threats.”
“The broad mention of disruption to the normal functioning of an enterprise, institution or organization fails to recognize that a certain level of disruption to ordinary life caused by assemblies, including temporary disruption of traffic, annoyance and even harm to commercial activities, should be accommodated and tolerated, unless they impose unnecessary and disproportionate burdens on others,” the OSCE/ODIHR adds.
When it comes to the legitimacy of the proposed amendments, the OSCE/ODIHR believes that it is not in the position to assess the veracity of the claims made in the statement by the State Security Service of Georgia, which warned of risks of destabilizing the country in October-December 2023. However, “the prohibition against the erection of temporary constructions when they are deemed unnecessary or unrelated to the assembly or demonstration do not seem to pursue any of the legitimate aims exhaustively listed in the ICCPR [International Covenant on Civil and Political Rights] or the ECHR [European Convention on Human Rights], and hence appears unjustified on this basis alone.”
According to the OSCE/ODIHR, the proposed amendments do not seem to be necessary and proportionate to the aims pursued either. The broad grounds for prohibiting temporary constructions during assemblies, without differentiation, raise concerns about proportionality. The Urgent Opinion also questions why the existing legal framework is deemed insufficient. The potential imposition of the most severe administrative sanction in Georgia, involving 15 days of administrative detention, a fine, and confiscation, for the mere act of erecting prohibited temporary constructions is deemed disproportionate in the Opinion.
The OSCE/ODIHR warns that “the proposed amendments would indirectly discriminate against those expressing political dissent or opposition, who may be more inclined to use “occupy”-style manifestations, which would generally involve erecting temporary constructions, to convey their message.”
The OSCE/ODIHR calls on the Georgian authorities to ensure that any amendments to the Law on Assemblies and Demonstrations are subjected to inclusive, extensive and effective consultations, including with CSOs and interested parties from various groups. Women, men, persons with disabilities, and persons from under-represented or marginalized groups should be given the equal opportunity to participate.
On October 4, the Public Defender of Georgia, Levan Ioseliani, issued a statement in opposition to the amendments that the Parliament was about to adopt.
On October 5, the Parliament endorsed the amendment to the “Law on Assemblies and Demonstrations” that the ruling party rushed through in an accelerated procedure.
On October 17, President of Georgia, Salome Zurabishvili, vetoed the amendments to the law.
- 17/10/2023 – President Revokes Partskhaladze’s Citizenship & Vetoes “Tents Law” Ahead of Impeachment Procedure in Parliament
- 06/10/2023 – Parliament Adopts the Amendments to the Law on Assemblies and Demonstrations
- 05/10/2023 – Explainer | What is the “Tents Law” GD is Rushing through the Parliament?
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