STATEMENT ON HUMAN RIGHTS DAY– RIGHT TO PUBLIC ASSEMBLY
11/12/2007
Submitted by
Sanja Juras
STATEMENT ON HUMAN RIGHTS DAY– RIGHT TO PUBLIC ASSEMBLY
On December 10th the Human Rights Day is celebrated all over the world. We commemorated that day by fileing proposal for challenging constitutional validity of the Changes to Public Assembly Act. We would like to point out to violation of the right to public assembly of citizents and non governmental organizations and encourage relevant State institutions to abolish the provision on prohibition of public assembly on St. Mark's Square, which is contrary to the Constitution of Republic of Croatia and internstional human rights documents.
On July 12th 2005 Croatian Parliament adopted the Changes to Public Assembly Act. The newly amended Act proscribes prohibition of public assembly in the area of 100 meters from the headquarters of the Croatian Parliament, President of the Republic of Croatia and the Government. This prohibition is applicable to any form of public gathering.
On 23rd November 2005 the Constitutional Court of the Republic of Croatia abolished this Act, since it was not adopted by the required majority of votes of members of the Parliament. However, the Court did not take position on the conformity of the content of the Act with the Constitution. It just ruled that the proceedure of adoption of the Act was not in conformity with the Constitution. The Therefore, on December 9th 2005 the Croatian Parliament adopted the new Changes to Public Assembly Act with the came content as the previous act, but this time following constitutional determinants of procedure.
Anyone that approaches the area of 100 meters from the buildings of the Croatian Parliament, President of the Republic of Croatia and the Government, regardless of the purpose and the method of the public assembly or number of participants, or anyone that wishes to forward some request , shall be punished with a fine of 5000,00-20 000,00 kn (675- 2700 EUR).
Numerous international documents signed and ratified by Croatia, protect freedom of assembly. Article 11 of the European Convention on Human Rights and Fundamental Freedoms guarantees the freedom of assembly. It is possible to limit this right only by law and only if such limitation in is necessary democratic society, among other things, for protection of the national security. The legislator had the intention of ensuring protection of national security by limiting the right to freedom of assembly, but the measure that was chosen is not in concordance with the principles of permissibility of limitation of fundamental human rights, proscribed by national legislation and international documents.
While members of the European Union build and promote fundamental principles on status of non-governmental organisations in Europe, emphasising that those organizations give significant contribution to development, realization and suitability of democratic societies, our government treats them as terrorist organizations and State enemies.
At the time when Croatia is joining the European Union it is unacceptable that it's citizens can not gather at St. Mark's Square to express their opinion towards politics implemented by the representatives elected by those same citizens at the parliamentary elections. Expression of opinions can be condemning for this kind of politics, but also neutral or supporting, and it is ridiculous to treat expression of opinion by citizens and non-governmental organizations as terrorist act against the State Authority.
Therefore, we demand from the future State institutions, which are to be established in the near future, to put into procedure the new Changes to Public Assembly Act and to abolish prohibition of public assembly at St. Mark's Square.
We demand:
• From the Constitutional Court to pronounce the provision on prohibition of public assembly on St. Mark's Square, and abolish it;
• From the future State authorities, immediatley after constitutiong of the new Government and Parliament, to put into proceedure the new Changes to Public Assembly Act which would abolish the prohibition of the public assembly at St. Mark's Square.
Signed by:
Lesbian Group Kontra
Iskorak- Centre for Rights of Sexual and Gender Minorities
Women's Network of Croatia (40 CSOs)
Centre for Peace Studies
Serbian Democratic Forum
On December 10th the Human Rights Day is celebrated all over the world. We commemorated that day by fileing proposal for challenging constitutional validity of the Changes to Public Assembly Act. We would like to point out to violation of the right to public assembly of citizents and non governmental organizations and encourage relevant State institutions to abolish the provision on prohibition of public assembly on St. Mark's Square, which is contrary to the Constitution of Republic of Croatia and internstional human rights documents.
On July 12th 2005 Croatian Parliament adopted the Changes to Public Assembly Act. The newly amended Act proscribes prohibition of public assembly in the area of 100 meters from the headquarters of the Croatian Parliament, President of the Republic of Croatia and the Government. This prohibition is applicable to any form of public gathering.
On 23rd November 2005 the Constitutional Court of the Republic of Croatia abolished this Act, since it was not adopted by the required majority of votes of members of the Parliament. However, the Court did not take position on the conformity of the content of the Act with the Constitution. It just ruled that the proceedure of adoption of the Act was not in conformity with the Constitution. The Therefore, on December 9th 2005 the Croatian Parliament adopted the new Changes to Public Assembly Act with the came content as the previous act, but this time following constitutional determinants of procedure.
Anyone that approaches the area of 100 meters from the buildings of the Croatian Parliament, President of the Republic of Croatia and the Government, regardless of the purpose and the method of the public assembly or number of participants, or anyone that wishes to forward some request , shall be punished with a fine of 5000,00-20 000,00 kn (675- 2700 EUR).
Numerous international documents signed and ratified by Croatia, protect freedom of assembly. Article 11 of the European Convention on Human Rights and Fundamental Freedoms guarantees the freedom of assembly. It is possible to limit this right only by law and only if such limitation in is necessary democratic society, among other things, for protection of the national security. The legislator had the intention of ensuring protection of national security by limiting the right to freedom of assembly, but the measure that was chosen is not in concordance with the principles of permissibility of limitation of fundamental human rights, proscribed by national legislation and international documents.
While members of the European Union build and promote fundamental principles on status of non-governmental organisations in Europe, emphasising that those organizations give significant contribution to development, realization and suitability of democratic societies, our government treats them as terrorist organizations and State enemies.
At the time when Croatia is joining the European Union it is unacceptable that it's citizens can not gather at St. Mark's Square to express their opinion towards politics implemented by the representatives elected by those same citizens at the parliamentary elections. Expression of opinions can be condemning for this kind of politics, but also neutral or supporting, and it is ridiculous to treat expression of opinion by citizens and non-governmental organizations as terrorist act against the State Authority.
Therefore, we demand from the future State institutions, which are to be established in the near future, to put into procedure the new Changes to Public Assembly Act and to abolish prohibition of public assembly at St. Mark's Square.
We demand:
• From the Constitutional Court to pronounce the provision on prohibition of public assembly on St. Mark's Square, and abolish it;
• From the future State authorities, immediatley after constitutiong of the new Government and Parliament, to put into proceedure the new Changes to Public Assembly Act which would abolish the prohibition of the public assembly at St. Mark's Square.
Signed by:
Lesbian Group Kontra
Iskorak- Centre for Rights of Sexual and Gender Minorities
Women's Network of Croatia (40 CSOs)
Centre for Peace Studies
Serbian Democratic Forum
