OSCE/ODIHR dislikes Georgian rally bill, points to its potential “chilling effect” on freedom of expression, assembly

OSCE/ODIHR this week released its opinion on the bill proposed by the Georgian ruling power in September that limits the erection of temporary constructions, like tents, at  rallies, saying if approved the amendments would have a negative impact on the rights of expression and assembly. 

Responding to the grounds for the bill by the authors, who cited an alleged unrest in the fall by opposition groups as announced by the country’s Security Service in early September, the assessments disapproved of the adoption of a legal piece based on possible risks.

“Participants should be free to determine how they want to convey their message, including by the temporary erection of structures during assemblies, to reach their audience or otherwise achieve their purpose. In some cases, the particular manner and form of a protest, for instance a temporary campsite, may acquire symbolic significance inseparable from its message”, OSCE/ODIHR said. 

The organisation also noted the amendments could “indirectly discriminate against those expressing political dissent or opposition, who may be more inclined to use ‘occupy’-style manifestations, which would generally involve erecting temporary constructions, to convey their message”.  

The proposed amendments introduced in September 2023 aim to prohibit assembly organizers and participants from erecting temporary constructions when these would pose a threat to assembly participants or other persons, interfere with the protection of public order and security by the police, disrupt the normal functioning of an enterprise, institution or organization or be deemed unnecessary or unrelated to the organization of the assembly.

The Parliament approved the changes with its third and final reading on October 5, while the President vetoed it on October 17. The Georgian Public Defender’s Office requested the OSCE ODIHR recommendation on the bill the same month.