A Conference About “the Right of Peaceful Assembly” in Palestinian Territories

The right of peaceful assembly is a form of the right of opinion and expression, an integral part of it, as it is one legitimate way of expressing opinion. The right to peaceful assembly is one of the forms of pluralism and political participation necessary to build a democratic government based on ensuring the respect of human rights and human dignity. Which means the ability of citizens to meet collectively for the purpose of holding public meetings, conferences, protests or peaceful sit-ins at any time or place, to exchange opinions and views on various issues and take positions towards them, whether to support or objection, or to protest against a particular policy, in order to convey their opinions and requests to the leaders and officials, and pressure them to achieve their demands. Meanwhile this right must in no way contradict or infringe upon the rights of others, and obtain its peaceful nature of the assembly, where it is not allowed to carry any weapons or attacked public or private property, and prohibits the advocacy of hatred or the establishment of concepts that promote tribal, sectarian or ethnic strife.

Due to the importance of this right, International and regional conventions and treaties gave high attention to the right to peaceful assembly. Article 20 (1) of the Universal Declaration of Human Rights affirms that "everyone has the right to participate in peaceful meetings and associations." As for Article 21 of the International Covenant on Civil and Political Rights (ICCPR) deals with the right to peaceful assembly and clarifies its rules. It states that “the right to peaceful assembly shall be recognized, and no restrictions may be placed on the exercise of this right, except those imposed by law, and necessary measures are formed in a democratic society, to safeguard national security or public safety, public order or Protect public health, morals or the rights and freedoms of others”. Furthermore, Article 11 (1) of the European Convention on Human Rights also addresses the right to peaceful assembly where it states (everyone has the right to freedom of peaceful assembly and of association with others, including the right to participate in trade unions to protect his interests).

At the Palestinian level, the Basic Law addresses to freedoms of peaceful assembly. Article 26, paragraph 5, stipulates that "private meetings shall be held without the presence of police officers, public meetings, processions and gatherings within the limits of the law." The Law of Public Meetings No. 12 of 1998 also affirms the right to peaceful assembly.