The mobilizations declared in support of Palestine have, to date, all been banned in Toulouse. The prefecture and the Ministry of the Interior anticipate a “disturbance to public order”. A danger for the freedom to demonstrate?
“We would like to understand. When will we be able to have the right to demonstrate again?” Pierre Bernat is co-president of the Toulouse section of the Human Rights League. Faced with the systematic bans on gatherings in support of Palestine in recent weeks, he recalls that “the right to demonstrate is a fundamental right.”
Since the escalation of the conflict between Hamas and Israel at the beginning of October 2023, collectives have already called for six demonstrations in support of the Palestinian people, all of which have been systematically banned by the Haute-Garonne prefecture. A situation that concerns the entire country, where very few pro-Palestine demonstrations have been held legally.
Protesting against these repeated bans, the Solidarité Palestine Toulouse and France Solidarité Palestine associations took the matter to the administrative court of Toulouse, forprefectural decree concerning the gathering of October 25, 2023. In response, the court reaffirmed the necessity of this ban, ruling that some of the trade union organizations “have positions openly hostile to Israeli policies.”
In question, the NPA, targeted by an investigation for advocating terrorism. “It’s absurd, protests the co-president of the human rights league in Toulouse,If this case is judged in a year, we will have to wait another year to demonstrate?”
Xavier Bioy, professor of public law at Capitole University, recalls that “the restriction must remain an exception”. Only prefects can prohibit a gathering on the grounds of a possible “disturbance to public order”. But on October 12, 2023, the Minister of the Interior, Gérald Darmanin, ordered, by a telegram sent to the prefects, to prohibit “pro-Palestinian demonstrations”. A few days later, the Council of State neutralized the minister’s decisionensuring that prefects must decide alone whether or not to ban demonstrations.
“The Minister of the Interior can give instructions to the prefects on their administrative organization, but not on concrete situations, which concern public order on the ground,” recalls Xavier Bioy. He adds : “We have moved from a question of public order, material, to a broader question which concerns the comments made in these demonstrations. It is worrying.”
A concern shared by the Human Rights League. “I think that freedom of demonstration is in danger today, says Pierre Bernat, these orders prohibiting gatherings have been increasing in recent years, more and more frequently.” He mentions in particular the demonstrations against the global security law in 2020. “Basically, we just had to declare that we were going to demonstrate. Now, we have the impression that we must be authorized to do so,” he concludes.
Two new rallies in support of Palestine are planned in Toulouse, Saturday October 28. Friday October 27, at midday, they had still not been banned by the prefecture.
2023-10-28 02:56:48
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