Dear Prime Minister Donald Tusk,
As civil society organisations committed to strengthening democracy, human rights, and the rule of law in Poland, we appeal to you to initiate a legislative process to amend the Law on Assemblies to align it with the Constitution of the Republic of Poland and international human rights law.
We draw your attention to the fact that the Act of 13 December 2016 introduced two particularly controversial amendments to the Law on Assemblies, which have significantly hindered Polish citizens’ ability to exercise their constitutionally guaranteed freedom of assembly. These provisions remain part of the Polish legal framework.
The first of these amendments concerns the regulation of cyclical assemblies, which blatantly violates freedom of assembly. Assemblies granted this status were given precedence over other types of assemblies. In practice, cyclical assemblies have been repeatedly abused by authorities, which have used them to organise regular monthly public ceremonies, effectively preventing other demonstrations from taking place at the same time and location.
The second amendment prohibits counter-demonstrations from occurring within 100 metres of another assembly. This provision also constitutes a gross violation of international law, which stipulates that assemblies held simultaneously in the same location – including spontaneous assemblies and counter-demonstrations – should take place within sight and sound of each other’s participants.
Public assemblies organised by thousands of citizens across Poland have played a crucial role in defending democracy and human rights in recent years. However, participants in these assemblies have faced numerous negative consequences, including criminal prosecutions and other forms of harassment, partly due to the aforementioned regulations. Restoring the rule of law in Poland must include reversing these harmful changes to the Law on Assemblies to ensure that all citizens can fully exercise their right to peacefully express their beliefs, now and in the future.
The recent anniversary of the elections that brought about a change in government in Poland presents an opportunity to eliminate these symbolic provisions, which serve as a legacy and monument to the populist rule of the previous administration.
With respect,
Amnesty International Poland
ARTICLE 19
Fundacja dla Polski
Fundacja Równość.org.pl
Helsinki Foundation for Human Rights
Committee for the Defence of Democracy (KOD)
Citizens’ Network Watchdog Polska
Check the ARTICLE 19’s global #FreeToProtest campaign.