Comment: Need for a domestic legislation on peaceful assembly
21 Jul 2012, 6:45 PM
Devyani Srivastava
Police-public clashes have once again occupied centre stage in the Maldives. Over 100 people are believed to have been arrested in the ‘direct action’ protests organised by the opposition Maldivian Democratic Party (MDP) since 8 July. Several reports of police brutality and excesses have once again come to the fore.
The police authorities allege that the ongoing protests are not peaceful gatherings as many demonstrators attacked policemen and carried out other criminal offences too. MDP meanwhile maintains that the protests themselves are “largely peaceful” and that the police are carrying out discriminatory attacks against its MPs, journalists and harassing and intimidating the protestors.
Whether the police exercised their discretion to use force appropriately and in due consideration with the constitutionally-guaranteed right to assemble needs to be seen against the existing laws and procedures regarding peaceful assembly in the country.
The freedom to assemble peacefully has been guaranteed as a fundamental right under Article 32 of the 2008 national constitution. Notably, the right has been guaranteed to all and does not require prior permission of the stat
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