The ruling Civic Coalition government must intensify its efforts to ensure that promised cross-cutting reforms aimed at restoring democratic order include enhanced protection of the right to protest – a right that was repeatedly violated during several mass demonstrations under the previous government. ARTICLE 19’s briefing underscores the urgent need for legal reforms on protest to align Poland with international human rights standards.
The right to protest is essential for a functioning democracy. It empowers people to express dissent, advocate for change, and hold those in power accountable. However, under the Law and Justice Party (PiS) government, Poland saw this fundamental right come under significant threat. The government of Prime Minister Donald Tusk came to power with a strong promise to restore the rule of law in Poland. Now the authorities have a unique chance to rebuild public trust by enacting reforms that protect protest rights, ensuring the law supports peaceful protests rather than stifles them.
ARTICLE 19’s briefing highlights the critical reforms needed to protect the right to protest in Poland. Drawing on the report Poland in Peril: Democracy or Authoritarianism?, the briefing examines the legal and institutional challenges under PiS and provides a path forward to align Poland’s legislation with international human rights standards.
Strengthening the right to protest is among the five key priorities identified by ARTICLE 19 to enhance the protection of freedom of expression in Poland.
It references key international standards, including the UN’s General Comment No. 37, the OSCE’s Guidelines on Freedom of Peaceful Assembly, and ARTICLE 19’s Principles on the Protection of Human Rights in Protests.
The briefing calls for urgent action from the current government to reform protest-related legislation, ensure accountability, and protect the right to peaceful assembly in line with international human rights standards.
ARTICLE 19’s Recommendations:
- Remove restrictive norms that require prior permissions for protests.
- Abolish provisions that prioritise ‘cyclical assemblies’ over other protests.
- Ensure protection for simultaneous and counter-protests.
- Reform the system of ‘petty offences’ and related sanctions for protest activities.
- Repeal laws that criminalise criticism of the state, religion, or its symbols.
- End arbitrary arrests and detentions prior to, during, and after protests.
These changes are necessary to safeguard the right to protest in Poland and reaffirm its commitment to democracy. ARTICLE 19 urges immediate action from the Polish government to ensure these vital reforms are implemented.
This briefing is part of ARTICLE 19’s global campaign #FreeeToProtest.