Bill limiting public protests criticised

Critics say a bill introduced by the government in parliament pushing for strict rules and requirements on public demonstrations stifle opposing views.

The Namibia public gatherings and processions bill was tabled in parliament by immigration, safety and security minister Albert Kawana on Wednesday.

The bill imposes strict rules on organising public gatherings and processions (i.e, funerals), including mandatory notice periods and potential restrictions.

The bill prioritises public order and safety over the freedom of assembly, which some say may lead to restrictions on peaceful protests.

Legal Assistance Centre director Toni Hancox says the bill has certain restrictions on public protests without providing legitimate reasons.

The bill prohibits public demonstrations at certain places such as court buildings, the parliament, State House, airports, embassies, and other buildings used as foreign mission offices, military buildings, correctional service buildings, and buildings of the central intelligence service.

“This bill is definitely something we need to keep our eyes on. A number of these places are places where you would want to go and make a statement, such as embassies, high commissions and so on. It doesn’t help you do it halfway down the road from the place,” Hancox says.

She says obvious exemptions might be the courts, which are already restricted, as protests could influence the decision of the judges.

“However, it deals only with a specific court case that they are protesting about, so it’s not just in general. But some of the others, I’m not quite sure why,” Hancox says.

Hancox further says the section of the bill which says that the station commander of the Namibian Police could hold consultations about a protest request could invite abuse of power.

“There’s a section where they speak about consultative meetings. I mean, how is that going to work? There’s no timelines or deadlines or anything there. So, to me, it’s as if they can use this just to make the process more difficult,” Hancox says. She says in general, the bill is overbroad.

“I think the law is completely overbroad in general. There’s far too much in there and it can be used very well to delay things,” Hancox says.

The bill also gives broad discretionary powers to authorities. Activist Michael Amushelelo, known for his impromptu protests at places, says the bill could open the door to misuse of power by the government and potentially stifle dissent.

He says the bill’s restriction of protests in front of certain government offices will actually be a contradiction of the Namibian Constitution. He says article 95 ensures that every citizen has a right to fair and reasonable access to public facilities and services in accordance with the law.

“For as long as a protest is peaceful, protesters shall have a right to protest wherever they wish. If we have an issue with State House we must protest in front of State House. Even in the United States, people are allowed to protest in front of the White House and congress, so why do our lawmakers feel that our institutions are far more important?” Amushelelo asked.

He says lawmakers work for the people and, therefore, whenever the people are not happy and would like to express themselves, they should be allowed to do it wherever they desire.

Amushelelo says these changes in the law are directed at certain individuals in society who have over the years been bringing the heat to the doorsteps of lawmakers.

“They clearly want the people as far from them as possible. It’s a shame in a country where we have failed to address important matters such as restoring the dignity of our people by giving them land and jobs,” Amushelelo says.

Meanwhile, Popular Democratic Movement parliamentarian Maximalliant Katjimune on Wednesday rejected the bill, saying it is an attempt to stifle dissent.

“When there is growing public disdain about particular economic and social issues in the country, issues related to the economy, issues related to unemployment, and other economic and social issues, and then there is an upsurge in demonstrations. The government must deal with the substantive issues as they are, and not try to be creative by introducing oppressive laws such as this one,” Katjimune said.

Govt proposes bill to limit public protests

He said the aim of the bill is fundamentally wrong and the government should instead focus on addressing the issues which lead the public to hold demonstrations in the first place.

“There are various cumbersome and oppressive clauses under this bill which are just not acceptable in our constitutional democracy, such as sentencing someone up to a year in prison. So, we reject this bill in its entirety.

“We urge the government that when you are faced with challenges where citizens are not happy, address the issues. Don’t come here and be creative with laws that seek to suppress public gatherings and fundamental rights enshrined in our Constitution,” he said. While introducing the bill, Kawana maintained that the Namibian government adheres to constitutional freedoms and that the country is regarded as one of the top countries when it comes to good governance and democracy.

“We have no intention of going back. However, imagine a scenario where there are two opposing groups with two different fundamental views, and the police are not aware and these people are killing each other. What type of a government is that?” Kawana said.

FINES

The bill imposes significant penalties for non-compliance.

Individuals or organisations that fail to give proper notice for a public gathering, or who violate conditions imposed on a gathering, face fines of N$5 000 and up to one year in prison.

Similar penalties apply to those who hold gatherings in restricted areas without permission or who make false statements in applications for such events.

The bill also imposes a stricter penalty of N$10 000 and up to two years in prison for carrying weapons at public gatherings or processions.

Parliamentary debates on the bill have been pushed to September to allow members to carefully evaluate contents of the bill.