Introduction
This legal note examines the legal status of peaceful demonstrations under constitutional and international law. It highlights citizens’ rights to assemble, the permissible limitations under the law, and the responsibilities of both citizens and government institutions.
Legal Basis
- The National Constitution
○ Constitutions typically recognize the right to peaceful assembly. For example, Article 20 of Somalia’s Provisional Constitution affirms that: “Every person has the right to organize and participate in meetings, peaceful assemblies, and demonstrations.”
- International Human Rights Instruments
○ ICCPR (Article 21): Protects the right of peaceful assembly, subject only to restrictions necessary in the interests of national security, public safety, public health, or the rights of others.
○ ECHR (Article 11): Grants a similar guarantee of freedom of assembly.
○ African Charter on Human and Peoples’ Rights (Article 11): Recognizes the right to free assembly, subject to restrictions provided for by law.
Scope and Limitations
While peaceful assembly is a fundamental right, it is not unlimited. Restrictions are legitimate if they are:
- Prescribed by Law – clearly grounded in legislation, not merely administrative orders.
- Necessary – genuinely required and proportionate to the objective pursued.
- Serving a Legitimate Aim, such as:
○ Protection of national security and sovereignty;
○ Maintenance of public order and safety;
○ Safeguarding public health;
○ Protection of the rights and freedoms of others.
Notification vs. Authorization
● Many jurisdictions require organizers to notify the authorities in advance (typically 48–72 hours) to allow security arrangements.
● International practice treats this requirement as notification, not as a request for authorization, since the right to assembly is already guaranteed by constitutional and international law.
Responsibilities of Organizers and Participants
Organizers and participants are expected to:
● Ensure the demonstration remains peaceful;
● Refrain from incitement to violence or hatred;
● Avoid damage to public or private property;
● Follow reasonable and lawful instructions from security forces.
Responsibilities of the State and Security Forces
The state has an obligation to:
● Facilitate peaceful assemblies and refrain from unjustified interference;
● Protect participants from violence, including from counter-groups;
● Apply proportionate crowd-control measures where disturbances occur;
● Avoid unlawful dispersal or collective punishment of demonstrators.
Conclusion
Peaceful demonstrations are a core constitutional right, reinforced by international human rights law. Any restrictions must be lawful, necessary, and proportionate. Citizens and opposition groups alike are responsible for maintaining the peaceful character of assemblies, while the state bears the duty to safeguard and enable the exercise of this right.
Avv. Omar Abdulle “Dhagey” is a Somali legal and political analyst specializing in governance and institutional reform.
Email: omardhagey@gmail.com
The opinion expressed in this article are those of the author and do not necessarily reflect the views of Dawan Africa
