Bill on public gatherings faces widespread opposition

Source: in-cyprus.com

The House of Representatives is set to vote on a contested bill regulating demonstrations, which critics argue represents a clampdown on freedom of expression.

The Public Gatherings and Parades Bill has prompted opposition from 36 organisations, including trade unions, human rights groups, and environmental organisations, who argue it restricts democratic freedoms and violates constitutional rights.

“The right to protest is inalienable, especially in cases where greater control over the executive powers by citizens is needed,” the organisations stated in a joint position paper. “Corruption is not a figment of citizens’ imagination; it is a reality.”

The coalition describes what it characterises as a global trend affecting protest rights. “We observe a global trend of weakening of this right, increasing police violence and repression, and an effort to silence any speech opposing those in power,” the statement reads.

The bill mandates organisers submit written notification to local authorities and police at least seven days before planned gatherings. Notifications must include organisers’ contact details, the purpose of the gathering, start and end times, location or route, and potential impacts on traffic and public services.

For spontaneous gatherings, the Police Chief designates a responsible officer who calls on participants to appoint an organiser and may impose specific restrictions. The bill provides limited legal framework for spontaneous demonstrations.

The organisations argue this framework is inadequate. “The bill does not provide a comprehensive legal framework for a form of spontaneous demonstration that is essentially the epitome of democratic expression,” they state.

The Police Chief may impose restrictions after consulting local authorities, considering factors including estimated participant numbers, location, potential security risks, likelihood of serious crimes, and concurrent events that could cause confrontations. Previous behaviour at gatherings organised by the same person may also be considered.

Police can dissolve gatherings if they cease to be peaceful, including instances involving violence, attacks on persons, or use of explosives, smoke bombs, flares, fireworks, illegal weapons, or dangerous objects. The dissolution order can be verbal or written, communicated through the Responsible Officer.

If gatherings do not disperse within reasonable time following dissolution orders, police may take “absolutely necessary measures” to disperse crowds, though the legislation does not specify what constitutes necessary measures.

The coalition alleges systematic police misconduct in Cyprus. “We observe a similar trend in Cyprus, with members of the Police Force engaging in acts of intimidation, unjustified arrests, and violence against protesters,” the statement reads. “Many individuals have been slapped with unfounded charges highlighting the arbitrary nature of their actions.”

The organisations claim police militarisation is occurring. “At the same time, an attempt to militarise the police is underway, with officers even carrying firearms during marches,” they state.

They cite specific examples of alleged censorship. “We remember, for instance, the student protests on climate change outside the parliament and the verbal attack and censorship they faced from the then-President of the Parliament, Demetris Syllouris.”

The coalition argues police act under political direction. “We have also observed instances of police intervening following instructions from political figures to silence criticism,” the statement reads. “This direction certainly does not promote democracy and free expression.”

The organisations characterise legislative supporters as enabling authoritarianism. “Our representatives in the House who promote and vote for bills that legitimise these actions, in essence, promote authoritarianism and corruption at the state level.”

They describe protests as essential for democratic participation. “For many groups of individuals, street protests are the only way to participate in public discourse and thus influence policymaking from the grassroots level.”

The coalition references inconsistent enforcement policies. “We remember how the same authorities who fined protesters a few years ago under the pretext of COVID measures are now promoting the prohibition of face coverings,” they state. “The attack on the right to protest is a practice that is constantly escalating.”

Police obligations under the bill include ensuring smooth, peaceful preparation and conduct of gatherings. The Police Chief appoints a Responsible Officer to maintain direct contact with organisers and facilitate ongoing cooperation between police and organisers.

The bill debate follows incidents in April involving hunters on a motorway and police inability to ensure citizen safety. Critics argue the legislation grants excessive power to police to control demonstrators without clear criteria for imposing restrictions.

Opposition groups claim the organiser responsibilities are excessive and potentially impossible to fulfil, including knowing slogans on banners and placards, which they argue undermines freedom of expression.

The coalition issues specific demands to parliament members. “We call on the members of the House of Representatives to vote against the Bill and the related Law proposals,” they state. They also demand lawmakers “call for accountability from the Minister of Justice and Public Order, as well as the Chief of Police, for the arbitrary actions of police members during protests.”

The complete list of signatory organisations includes Aristeri Pteriga, AFOA, Housing and City Action Network, EDON, Workers’ Democracy, NGO Support Centre, Koullou|Makka, Cyprus Refugee Council, MeRA25 Cyprus, Mikri Arktos, New Internationalist Left, Ecological Movement Cyprus, Cyprus Peace Council, PEO, Proodeftiki Teachers Union, Cyprus Natural Coastline Initiative, Alliance Against the Far Right, Fascism and Racism, Visual Artists and Art Theorists Association – Phytorio, Accept LGBTI Cyprus, BDS Cyprus, Civil Society Advocates, Cypology, Far Right Watch Cyprus, Film Makers for Palestine Cyprus, Generation for Change, GFC, HADE, KISA, Mission Solidarity, Organisation for Positive Urbanism (OPU), Queer Collective, Queerwave, Save Akamas, UFP Cyprus, Urban Gorillas, and YEU Cyprus.

The coalition plans to demonstrate outside parliament during the voting session.

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Right of assembly is foundational democratic right, Alma says

The newfound Alma Movement – Citizens for Cyprus has also expressed opposition to the legislation, stating it remains unconvinced the proposed restrictions on peaceful assembly rights are “necessary in a democratic society, as required by the Constitution and the European Convention on Human Rights.”

The movement, in a statement on Thursday, argues the right of assembly is “recognised as one of the foundations of a democratic, tolerant and pluralistic society” and represents “a complex right, of individual and political nature, closely linked to freedom of expression.”

Alma criticises the seven-day notification requirement, increased organiser obligations, and what it describes as “vague terms under which restrictions can be imposed in advance on the manner of conduct, as well as on the very content of an assembly.”

The movement questions the government’s timing, noting that unlike Greece, which passed similar legislation in 2020 due to frequent demonstrations in Athens, “something similar does not happen in our country.”

Alma references recent incidents where police failed to intervene, including 2023 racist demonstrations in Chloraka and Limassol against migrants, and a recent highway closure by protesting hunters, arguing non-intervention was due to “lack of political will and democratic responsibility” rather than inadequate legal framework.

“What is obvious to us is the agonising attempt of the Christodoulides government to restrict and suppress any criticism directed at it,” the movement stated.

The Venice Commission guidance cited by Alma stipulates that advance notification requirements cannot function as a de facto licensing procedure, must not be particularly burdensome or bureaucratic, and cannot exclude spontaneous demonstrations.

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