The government is working on a bill regarding gatherings in public places. Amnesty International calls for vigilance.
Amnesty International has stepped up to the plate regarding the right to demonstrate. The subject is divisive and… slippery for the government. The Minister of Internal Affairs, Léon Gloden, confirmed on October 21 that he wanted to review the legal framework on demonstrations. “During the numerous demonstrations which took place in the context of the Covid-19 pandemic, it became apparent that Luxembourg does not have adequate legislation to regulate demonstrations,” notes the government program. The human rights NGO says it “fears new restrictions on the exercise of the right to demonstrate”, an “essential pillar of any democratic society”.
The unprecedented demonstrations against the restrictions linked to covid-19 have left their mark, not to say shocked. The excesses that took place over the weeks left traces in the executive, understand the old and therefore the new government. During the winter of 2021-2022, Saturdays were particularly tense.
On November 11, 2021, a first major demonstration, organized on the Glacis, degenerated. Thousands of people gathered against the measures put in place to fight the pandemic. Some of these demonstrators had tried to reach the city center via Avenue de la Porte-Neuve and found themselves facing the water cannons of the Belgian police called in for reinforcement. Batons and arrests followed the use of water jets.
The chaos then continued over the following weeks in the capital. Some demonstrators decided not to respect the instructions of the authorities and organized wild processions leaving the station to wander to the Glacis, the location of authorized demonstrations. Chaos and street blockages by hundreds of protesters took place before the police intervention on January 15, 2022.
That Saturday, the procession was blocked, cornered by the police, on Avenue de la Liberté. Scuffles broke out for hours and dozens of arrests, sometimes violent, took place. Unusual images for the Grand Duchy, which raised awareness among the former government to launch the legislative machine and think about new texts. The new government has taken over.
Concern from Amnesty International
A first version dating from two years ago (the ecologist Henri Kox was in charge of the Ministry of the Interior) notably proposed an increase in penalties in the event of rebellion and armed rebellion (up to three years of imprisonment). imprisonment and a fine of 5,000 euros), the extension of the definition of outrage and violence to actions such as spitting on a police officer or throwing objects…
At the time, the bill also wanted to punish the act of disseminating personal information about people, such as their address, and thus putting them in danger. During the demonstrations, elected officials but also members of the press were targeted on social networks and their whereabouts revealed. The demonstrators, for example, attacked the home of Prime Minister Xavier Bettel during this crazy period. Today, the government is therefore working on a new bill. He will be closely scrutinized.
The coalition formed by the CSV and the DP intends to guarantee “the constitutional right to peaceful assembly and open-air gatherings”, but the upcoming law seriously worries Amnesty International. In a press release, the human rights NGO said it “fears that this project could impose new restrictions on the exercise of the right to demonstrate and thus raise serious questions about respect for fundamental freedoms in the country”.
“The right to peaceful protest is an essential pillar of any democratic society. Restricting it under the pretext of security measures is not only unjustified, but also dangerous for the vitality of our democracy,” declared David Pereira, director general of Amnesty International Luxembourg, in the same writing.
The NGO also questions the link established with excesses during demonstrations linked to covid to justify a stricter framework. “It is important to remember that the vast majority of demonstrations in Luxembourg take place peacefully. Linking the right to demonstrate to acts of violence or public disorder would be an abusive generalization that does not reflect reality,” insists the press release.
Amnesty International therefore calls on the government to “guarantee a legislative framework which allows citizens to demonstrate without fear of repression or unnecessary administrative obstacles”. Civil society should also “participate actively in the development of such a law”.
