The OSCE/ODIHR disapproved of the bill proposed by the Georgian Dream ruling party to limit erection of temporary constructions during rallies as “disproportionate”, with a potential “chilling effect on the exercise of the right to freedom of peaceful assembly”.
The GD proposed the bill following claims by the country’s State Security Service in September of an “unrest” being planned by opposition groups this fall, with the legal piece banning setting up of constructions if they “pose threats to demonstrators or other individuals”, or hamper police efforts to ensure order, work of institutions, organisations or other facilities.
The amendments also ban installation of constructions if they are not related to a specific rally or demonstration, and notes local authorities would consider each case individually to ensure freedom of assembly and expression.
The OSCE/ODIHR said participants “should be free to determine how they want to convey their message, including by the temporary erection of structures during assemblies, to reach their audience or otherwise achieve their purpose”.
It noted in some cases, the particular manner and form of a protest, such as a temporary campsite, could acquire “symbolic significance inseparable from its message”.
Saying the Organisation was unable to assess the reality of the security threats cited in the bill, the comments said imposing restrictions on the basis of potential risks could be “unjustified”.
