“I am concerned about the draft amendments to the Law on Public Gatherings and Public Events currently under consideration by parliament in Montenegro. These proposals are incompatible with international human rights standards, in particular Article 11 of the European Convention on Human Rights (ECHR) which guarantees the right to freedom of peaceful assembly,” said the Council of Europe Commissioner for Human Rights, Michael O’Flaherty.
“The proposed blanket prohibition of public gatherings on highways, express roads, main and regional roads and border crossings - if such a gathering would jeopardize traffic safety, prevent the flow of traffic, or hinder or endanger the movement of citizens - is excessive and undermines the essence of the right to assemble peacefully. While the right to freedom of assembly may be subject to certain limitations, the European Court of Human Rights (the Court) has consistently held that assemblies constitute a legitimate use of public spaces, including streets and roads, and that any restrictions must be necessary in a democratic society and proportionate to the legitimate aim pursued. Blanket bans are unlikely to satisfy these criteria. The specific circumstances of gatherings should instead be considered on a case-by-case basis. The Court has further clarified that any demonstration in a public place is likely to cause a degree of disruption to the conduct of daily life, including disruption to traffic and that the public authorities should not rely on traffic considerations alone when prohibiting assemblies.
I am also concerned by the proposed steep increase in fines for organisers of and participants to unlawful public gatherings. Excessive financial penalties can have a chilling effect on the exercise of the right to freedom of assembly and dissuade individuals from organising or participating in public demonstrations. The Court has held in this regard that disproportionately severe sanctions can constitute an indirect violation of the right to freedom of assembly.
Freedom of assembly is a cornerstone of any democratic society. It enables individuals to express their opinions publicly, hold authorities to account, and contribute to political and social dialogue. States have a positive obligation to facilitate and protect peaceful assemblies. Any attempt to limit this right must be approached with the utmost caution and be subject to strict scrutiny, as indicated in the Guidelines on Peaceful Assembly prepared by the European Commission for Democracy through Law (Venice Commission) and the OSCE Office for Democratic Institutions and Human Rights (OSCE/ODIHR).
In light of the above, I call on members of parliament in Montenegro not to adopt the amendments to the Law on Public Gatherings and Public Events. I also recommend conducting inclusive and transparent public consultations on the proposed restrictions, with the participation of civil society, and I encourage the submission of the draft amendments to the Venice Commission for its opinion, with a view to ensuring that any legislative changes align with international and European human rights standards.”