Public has to undergo to mass protests if negotiations with government on the draft law on peaceful assembly are not successful.

This was the key point today, on March, 21, 2012, from the human rights defenders during the press-conference “Will the new law on meetings be the main pre-election scandal in Ukraine?” in the information agency UNIAN.

“In 2012 NGOs and trade unions had tried to put off the much-criticized by Venice Commission scandal draft of law №2450, which can shut out peaceful assembly in Ukraine”, - tells Volodymyr Chemerys , member of Civil Council of the Ministry of Interior Affairs and head of the Institute “Republic”. – However, recently Verkhovna Rada of Ukraine has sent this draft of law to the Profile Parliament Committee for repeated reading. Besides, by the initiative of the Administration of President and Parliament Committee on Human Rights there were co-authors of alternative project “On Peaceful Assembly” included to the working group on the revision of legislative initiative.

“Our project, alike current version 2450, was highly evaluated in the joint conclusion of Bureau of Democratic Institutions and Human Rights of OSCE and European Commission “For Democracy through Law” (Venice Commision), - tells Mylhaylo Kamenyev, member of Civil Council under the Ministry of Interior Affairs of Ukraine and head executive of Ukrainian Youth Public Organization “Foundation of Regional Initiatives” (FRI). “We are open to constructive dialogue, and working group of profile parliament committee is ready to explain the point of our requirements to the draft of law.”

At the same time, as Volodymyr Chemerys claims, the most odious norm of current version of the law 2450 “On the organization and holding of peaceful activities” is the norm about notification of authorities on the activity at least 4 days before its holding. The novelty of such norm, in fact, provides authorization-based procedure of meetings holding, notwithstanding jurisdictional one, stated by the Constitution. “Four days is enough, as domestic practice shows, for corrupted court to forbid people to gather. So none of meetings, against which the authority denies, you are able to hold”, - claims human right defender. The draft of law also, in fact, excludes holding of spontaneous peaceful activity (for example, spontaneous protest), as this definition in the draft of law is not written clear enough. Antidemocratic practice of application of authorization-based procedure of meeting holding is already active in Russia, Kazakhstan, and Belorussia, where repressions against peaceful citizens are systematic.

“We have to hope for better during these important talks with government, but be ready for worse”, - says Mykhaylo Lebed, representative of the All Ukrainian Initiative “For the Peaceful Protest!”, activists of which have already gathered more than 15 thousand signatures for defense of peaceful assembly in Ukraine. – “That’s why during the next session week, April, 9-13, conscious representatives of parliamentary majority have to be ready not to vote, opposition has to be ready to block the tribune, and civil society – go out to protest”.

Text of draft law №2450 “On Organization and Holding of Peaceful Assembly” - http://w1.c1.rada.gov.ua/pls/zweb_n/webproc4_1?pf3511=32431 – Ukrainian language

Text of the alternative project from human rights defenders “On the Freedom of Peaceful Assembly” - http://zmina.org.ua/?p=1551 – Ukrainian language

Resolution of Ukrainian NGOs Forum on compliance and legal freedom of peaceful assembly in Ukraine - http://zmina.org.ua/?p=620 – Ukrainian language

For additional information please contact: +380681217741 (Mykhaylo Lebed), +380503806268 (Volodymyr Cheremys), +380674042646 (Mykhaylo Kamenyev).