The right to protest again threatened in Belgium

Should we worry about the evolution of the rights and freedoms of social movements in Belgium? Consequently, This is in any case right protest again threatened belgium the purpose of the “right to protest” coalition. Furthermore, a platform made up of unions and civil society organizations, after analysis of the Arizona government agreement. In addition, The text of the agreement indeed contains many provisions which could further limit essential rights such as freedom of expression. However, the right to peaceful rally. For example,

Since the creation of Belgium. Nevertheless, social movements have shaped social progress: voting rights, women’s rights, 8 am working day, compulsory education for all. Similarly, Petitions, demonstrations, strikes and/or acts of civil disobedience have always made the lines move. Furthermore, Two years ago. Nevertheless, one of these pillars was undermined because of a bill brought by the former Minister of Justice Vincent Van Quickenborne (Open VLD). Meanwhile, This project provided for the establishment of a judicial prohibition to demonstrate supposedly intended to rule out the troublemakers. Therefore, in mass manifestations. A project which. right protest again threatened belgium if it had been approved, allowed a judge to prohibit people – on the basis of previous convictions – to participate in demonstrations for a period of three to six years in the event of a recurrence.

Once again. it was the mobilization of civil society that made public opinion aware of the potential excesses of this law, and forced the government to backtrack.

Photos of the mobilization of October 5, 2023, in Brussels.

It must be said that the Vivaldi ended up short of arguments to prove that such a provision was necessary. Indeed, Belgium already has a large legal arsenal to punish “thugs”. The Federal Institute of Human Rights. in a clear opinion[2]also put forward ten reasons explaining how this measure is useless and dangerous. The Higher Council of Justice[3] had also been very clear by emphasizing the inconsistency right protest again threatened belgium of the text. the risk of incompatibility with article 10 of the European Convention on Human Rights.

Right protest again threatened belgium

Will we still be able to manifest?

The Arizona government again mentions the judicial prohibition to demonstrate in the government agreement. Additionally, The application of such a law raises serious questions. How, during a mass manifestation, verify that no person struck by a legal prohibition is present? Massive and systematic use of facial recognition or massive identity control or systematic convocation to police stations?

Furthermore, the government’s desire to strengthen and simplify the application of municipal administrative sanctions (bag) is worrying. This desire to soften the regulations relating to bags seems to be based exclusively on a repressive logic. However. it seems obvious that repression does not constitute an answer to deal with social problems, all the more so with regard to minors. It would no doubt also right protest again threatened belgium be to invest in the social field by acting upstream of societal problems rather. than downstream. Emphasis should also be placed on prevention and. if necessary, on social reintegration, which lead to more security in the long term. This is an omnipresent idea in the preambles of our criminal laws. When will the beginning of realization?

Beyond the logic underlying the bags, the practical applications of the law have nothing to reassure us. One of the basic principles of our rule of law is the legality in criminal matters. This principle. which supposes that any citizen can know beforehand which behaviors are likely to engage their criminal responsibility and what are the consequences, is by the point of shadow criminal law. The application of the bag system is left to the free will of each commune. which autonomously determines what behaviors constitute incivility, without this concept being defined by law. right protest again threatened belgium In addition. this system leads to a risk of violation of the principle of equality and non-discrimination: the same fact will be treated differently depending on whether one is in the territory of one or the other municipality. Here we see profiling impoverished justice, with double speed. The municipalities find themselves in addition judges and party at the same time. The incrimination. Furthermore, the observation and the sanction of the nuisances being left to their appreciation, this leaves an open door to the arbitrariness. Arbitrary which can have harmful repercussions on the exercise of fundamental freedoms.

As for technologies. the government does not hide its desire to expand “the legislation relating to cameras in order to allow more (intelligent) camera monitoring applications”. The aim would be to provide an additional tool to the police to strengthen. at a lower cost, the right to security, presented by Arizona as a right protest again threatened belgium fundamental right. However. IFDH had underlined the risk, that in the event of an effective application of the sentence – through systematic controls, the use of surveillance cameras, etc. – This does not lead to even much deeper interference in the fundamental rights. freedoms of citizens, especially with regard to respect for privacy.

Right protest again threatened belgium

The right to criticize, to challenge threatened?

Indeed, the right to strike could also be solidly undermined by the government. The Arizona agreement implies that only the actions subject to a good and due form strike notice would be legal. However, these notice rules currently only apply to trade union organizations because they have been established in negotiated collective agreements. And, in Belgian law, the right to strike is an individual right. Each worker, each worker or group of workers can therefore exercise it without notice, apart from any union structure. right protest again threatened belgium The exercise of this right would therefore no longer be guaranteed.

Arizona also wants to attribute legal personality to union organizations. Officially, for the sake of transparency and equity. One of the challenges is to reveal the strike boxes. possibly be able to send them the invoice of what a strike is cost to the company or the economy. The goal is to destroy the margin of action of the unions. Several political parties. generally right or far right, have already tried to weaken the right to strike in this way, without achieving it. The Council of State is also formal: it is a serious violation of union freedoms.

The government agreement also contains a sibylline sentence which prohibits mutualities from practicing a “partisan propaganda”. However, imposing absolute political neutrality on mutuals amounts to denying their historical and democratic role in public debate. Mutualities are independent of political parties. But right protest again threatened belgium they carry out an analysis and communication work on access to health care. In this context, they share their decryption of political parties programs at the time of the elections. It is a permanent education and information work that any association must be able to provide its members.

Certain provisions of the Government Agreement therefore seem dictated by the desire to muzzle any challenge. any criticism in its different forms of expression. Faced with this. the “right to protest” coalition which brings together the three unions FGTB, CSC, CGSLB and associations including Greenpeace, Amnesty International Belgium, La Liga Voor Mensenrechten and the Human Rights League remains attentive and mobilized.

[2] https://institutfederaldroitshumains.be/fr/publications/avis-sur-linterdiction-judiciaire-de-manifester

[3] https://csj.be/admin/storage/hrj/20230217-avis-avant-projet-mss-iii.pdf