Public gatherings bill undermines core democratic values - EPRA

The Economic Policy Research Association (EPRA) has warned that the public gatherings and public processions bill endangers the core democratic values of transparency, accountability and the protection of civil liberties in Namibia.

“The [public gatherings and public processions] bill, in its current form, is a serious regression of democratic values and the protection of human rights,” EPRA noted in a report released last week.

Safety and security minister Dr Albert Kawana tabled the bill in parliament on 7 August this year.

“The provisions of the bill are not only inconsistent with international human rights standards but also with Namibia’s constitutional guarantees,” EPRA's report stated.

"It imposes excessive restrictions on public gatherings, criminalises essential freedoms and grants excessive powers to authorities.”

The association urged government “to reconsider and revise the bill to align with democratic principles and international standards."



Free speech

The bill aims to regulate public gatherings and protests held to demonstrate against or in support of viewpoints, principles, policies and/or the state's failure to act.

It also deals with submissions of petitions and the launch of a cause or campaign.

In its report, EPRA highlighted the fact that the bill emphasises the purpose of a gathering or protest rather than its size.

"The focus on purpose, rather than size, means it is primarily (though not exclusively) aimed at political free speech."

According to the bill, the organiser of a public gathering will be held responsible for any consequences arising from the event and could face a fine of up to N$5 000 or a year in prison.

Restrictions are imposed on protests within 500 metres of courts, the National Council, the National Assembly, State House, airports, embassies, buildings used by foreign missions, military buildings, prisons, and buildings used by national intelligence.

Notice of a planned gathering or protest must be given at least five days in advance, and permission must be obtained from the police chief or the nearest station commander.



Global standards

EPRA also argues the bill is not in line with established international standards on freedom of assembly. With specific reference to United Nations special rapporteurs and the African Commission on Human Rights, EPRA asserts that this freedom is a fundamental democratic right that must be protected against undue restrictions.

“The bill’s strict requirements regarding notification and authorisation undermine these standards. It turns a fundamental right into a privilege subject to excessive bureaucratic control,' EPRA stated.

In its report, EPRA also references a ruling by a South African court that declared similar restrictive measures unconstitutional. The court invalidated a law that criminalised the failure to notify authorities of a public gathering, considering it an "unjustifiable limitation on the right to peaceful assembly".

"The public gatherings and public processions bill's approach to mandatory authorisation and criminal penalties reflects these unconstitutional elements," EPRA noted in its report.

Popular Democratic Movement spokesperson, Hidipo Hamata, also raised serious concerns after the bill was tabled last month.

"The bill’s broad police powers, including the use of deadly force as a last resort, raise concerns about potential violations of basic rights," he said.

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