Notwithstanding the fact that the right to peaceful assembly is enshrined in the Lebanese constitution and international conventions to which Lebanon has acceded, recent years have witnessed repeated violations of this right, especially following the October 2019 uprising and the Beirut port explosion. These peaceful popular movements have frequently been met with excessive force, with a paucity of subsequent accountability, due to the existence of legal loopholes has been identified as a contributing factor to the restriction of civil space, thereby conferring extensive powers upon security services regarding suppressing the protests.
The right to peaceful assembly is a constitutionally guaranteed fundamental right. The Lebanese Constitution stipulates in Article 13 to ensure the freedom of expression in speech, writing and printing, and the freedom of assembly and association “within the framework of the law”, while Article 7 affirms the principle of equality between all Lebanese in the enjoyment of civil and political rights without discrimination. Moreover, the Lebanese state has adhered to international to preserve this right, as it was approved in 1972 on the International Covenant on Civil and Political Rights, which recognizes in Article 21 The right of peaceful assembly and does not allow its restriction only under the conditions of necessity and proportionality in a democratic society. These references impose on the State the obligation to respect and protect the freedom of assembly for all individuals on its territory.
However, the domestic legal framework still contains provisions that allow for the restriction and suppression of peaceful assemblies. Legislation pertaining to domestic affairs, of which some examples date back several decades, imposes considerable restrictions on the conduct of strikes and demonstrations. For instance, The Legislative Decree No. 115/1959(which establishes the Central Inspection,a body overseeing public administrations, and defines its mandate) stipulates that public servants are prohibited from engaging in industrial action or inciting such actions, thereby contravening their constitutional and international right to peaceful assembly.
Additionally, some articles of the Penal Code are still being used to criminalize peaceful gatherings. It is unacceptable that Article 346 of the Penal Code defines any gathering of seven or more people with the aim of to protest a government decision as a “riotous/ rioting gathering” punishable by imprisonment. Such broad definitions turn a peaceful protest into a criminal offense as soon as the number of protesters exceeds peaceful protest into a criminal offence as soon as the number of people gathered exceeds a certain number, which is in stark contrast to international standards that require freedom of peaceful assembly and expression to be the norm while restrictions should be the exception and kept to a minimum. In this context, there is an urgent need to develop a national roadmap to protect civic space and promote the right to protect civic space and promote the right to peaceful assembly. The new Lebanese government should take bold steps to reform the legal and security apparatus and ensure that all state agencies are committed to respecting the right to peaceful assembly.
Below are seven key recommendations from the legal, political, human rights, gender, cultural, social, political, social and economic spheres. Together, they form a proposed roadmap for the next government to safeguard civic space and enable citizens to exercise their right to peaceful assembly freely and safely.
Recommendation I: Review Legislation Restricting Peaceful Assembly Right
It is incumbent upon the new government to collaborate with the House of Representatives in order to amend or repeal legal provisions that unwarrantedly restrict the right to peaceful assembly and strike. Any legal restrictions that impede the guarantee of this constitutional right should be removed. For instance, the prohibition/ ban on strikes by public sector employees as outlined in Article 15, paragraph 3 of the 1959 Personnel Law should be rescinded, as the prevention of state employees from engaging in such action constitutes a clear infringement of their right to peaceful assembly and is in direct contravention of Lebanon’s constitutional and international obligations. Similarly, the current labour legislation, which proscribes trade unions from engaging in politics or participating in any demonstrations of a political nature, should be subjected to review, as this law practically involves a denial of the right to demonstrate on the part of a significant category of workers in defence of national or political issues that affect their interests.
Furthermore, the penal code articles pertaining to “gathering and riots”, which are utilized for the criminalization of peaceful gatherings, should be subjected to a thorough review. It is unacceptable to define Article 346 of the Penal Code, i.e. a gathering of seven or more people with the intention of protesting against a government decision, as a “riotous assembly” punishable by imprisonment. What is needed is to repeal or amend these provisions so as to remove the criminalization of actions related to the exercise of the right to peaceful assembly, as long as it remains peaceful and is not accompanied by violence or sabotage. The guarantee of the right to strike and peaceful gathering and demonstration through these legislative reforms would align Lebanese laws with constitutional principles, as well as Lebanon’s obligations under international covenants. This would ensure that restrictions become the narrow exception, and protection is the rule.
Recommendation II: Observe Adherence to Pre-notification System for Demonstrations, Supersedes the Necessity of Prior Licensing.
The Lebanese Constitution (promulgated in 1926 and its amendments till 2004) guarantees freedom of peaceful assembly within the limits specified by law. The constitutional amendments after the Taif Agreement (1990)affirmed Lebanon’s commitment to international conventions, particularly the International Covenant on Civil and Political Rights, which guarantees the right of peaceful assembly. In terms of the domestic legislative framework, the Ottoman Law of Associations of 1909 is still in force as a basis for regulating the right of association and assembly, but it does not include provisions for organizing public demonstrations.Therefore, the authorities adopted a system of prior notification rather than a licence through a relatively recent administrative decision to fill the legal void in organizing demonstrations. According to Minister of Interior and Municipalities Decision No. 1024 of 29 March 2006, the organizers of a demonstration must submit a prior written notification to the governor (the head of the local administrative authority) informing him of their intention to hold a gathering or demonstration. This notification must be delivered at least three days before the date of the demonstration and must clearly specify the time and place of the gathering. The law does not require any prior official approval for the demonstration; the prior notification differs from the licensing system in that it merely informs the authorities of the intention to organize, and is not a request for a response. Once the organizers submit the notification and meet the legal requirements, the demonstration is considered legitimate and legal. Thus, the role of local authorities here is limited to receiving the notification and organising logistics (such as informing the Internal Security Forces to regulate traffic and protect participants), without the power to grant prior permission to demonstrate under the notification system. Although prior notification does not require any official approval, some governors and security authorities still handle it as if it were a licence request, resulting in some gatherings being rejected or suppressed without legal basis.
The absence of prior notification should not be regarded as a valid basis for the prevention or dispersal of an assembly. The UN Human Rights Committee has asserted that the absence of prior notification does not inherently render a gathering “illegal” and should not be used as a basis for its dispersal or the arrest of its organizers or participants, particularly in cases of spontaneous gatherings that occur in response to government decisions or emergency events. Consequently, spontaneous gatherings should be permitted, provided they are peaceful, and security agencies should be instructed to respond with restraint rather than repression. The adoption of a system of prior notification, rather than prior authorization, and the sensitization of relevant authorities to this fact, will ensure the protection of the right to peaceful protest and prevent arbitrary restrictions on that right by the authorities.
Recommendation III: Regulate the Performance of Security Forces and Prevent Excessive Use of Force
The government should enroll security and military agencies in charge of dealing with gatherings in intensive training on human rights standards in dealing with protesters, and develop strict protocols for the use of force that take into account the principles of necessity and proportionality. These protocols should emphasise that the role of security forces is to protect and facilitate a peaceful assembly, not to suppress it. Security personnel must strictly refrain from any excessive, indiscriminate or selective violence against participants. As a general rule, the use of firearms in the dispersal of peaceful assemblies is strictly prohibited and should only be used in the narrowest of circumstances to protect life in the face of imminent danger. The firing of bullets (even so-called “warning shots” or aiming at the protesters’ legs) is an unlawful practice that must be strictly prohibited.
The cost of security violence against protesters has been demonstrated by recent experience. During the 8 August 2020 demonstration that followed the port explosion, peaceful protesters were shot at and brutally assaulted by security forces, resulting in injuries at a time when hospitals were barely able to accommodate the victims of the explosion. In the October 2019 protests and afterwards, hundreds of citizens were injured as a result of the heavy use of rubber bullets, tear gas, and baton strikes, and some lost their eyes as a result of direct injuries. Such violations must be prevented by adopting clear instructions that prevent their recurrence, and holding security personnel who violate them accountable.
Another necessary measure is to establish effective communication channels between protest leaders and security forces while gathering. This can be achieved by forming a field liaison committee that comprises representatives of the protesters and the commander of the security force on the ground, who will immediately coordinate to prevent or contain any security breaches or friction that may arise. Equally important is instructing security forces to segregate and deal with any individuals who engage in rioting or violence individually, and not to resort to dispersing the entire gathering simply because there are a few outlaws within it. With these steps, the right of protesters to collectively express their demands safely can be protected, while at the same time maintaining public security and preventing peaceful protests from escalating into violent confrontations.
Recommendation IV: Ensure Accountability & End the Culture of Impunity
It is impossible to protect civic space and deter future violations without serious accountability for those responsible for past and present violations of the right to peaceful assembly. The government should commit to conducting independent and transparent investigations into all incidents of repression and unlawful violence against protesters during popular protests, including the events of the 17 October 2019 uprising and the 2020 demonstrations after the port explosion, and the attacks on protesters that accompanied them. This policy of turning a blind eye and lack of accountability has led some to continue violating the rights of citizens and has fuelled a general feeling that the security services are above the law. The time has come to break this vicious cycle by referring perpetrators of violations to the judiciary to receive the appropriate punishment.
One urgent measure required in this context is the formation of an independent committee of inquiry to investigate cases of excessive use of force or ill-treatment of protesters. Such a committee must be able to access information, summon witnesses, and hold those involved accountable. For instance, human rights reports indicate that some young men arrested during previous demonstrations were subjected to degrading treatment, including having their hair shaved, being beaten and humiliated before being released. Such offences should be investigated and the perpetrators, including security personnel and officials who gave the orders, should be immediately held accountable.
Furthermore, unjust judicial practices against protesters must be ended, including stopping the referral of civilians participating in demonstrations to special tribunals like military courts that are outside their normal jurisdiction. Trying civilians before an exceptional judiciary undermines their right to a fair trial and reinforces feelings of injustice and oppression. Instead, any individual accused of committing an offence during a peaceful protest should be referred to the regular civilian judiciary to ensure transparency and justice. At the same time, prosecutors must move seriously to pursue the complaints of protesters who have been harmed and hold their attackers accountable, and not simply drop the cases without providing justice and redress. Ending impunity will send a strong message that the state is serious about protecting human rights. By providing justice to victims of repression and punishing those responsible, the new government will have laid solid foundations to prevent the recurrence of past violations and ensure that the right to peaceful assembly is respected in the future.
Recommendation V: Promote the Participation & Protection of Women and Marginalized Groups during Gatherings
A free civic space is not complete without ensuring the equal and safe participation of women and marginalized groups – such as youth, people with special needs, and various sexual and social minorities – in peaceful assemblies. Lebanese women have played a leading role in social mobilization throughout history, from demonstrating for the right to vote in the early 1950s to being at the forefront of the 2019 protests, but they still face specific obstacles that limit their full participation. The government should adopt an approach that integrates a gender perspective and the rights of marginalized groups when developing policies to protect the right to assembly.
Firstly, the authorities must specifically protect women participating in demonstrations from any attacks or harassment. This entails deploying female security personnel as part of crowd control teams, and firmly addressing any incidents of sexual or verbal harassment of female protesters and holding perpetrators accountable. It is also necessary to strengthen the legal framework to protect women from violence in the public sphere by adopting and implementing laws that criminalize sexual harassment in workplaces and public places with strict penalties that ensure justice for victims and accountability for offenders
Secondly, any legal or procedural restrictions that limit the ability of women’s organizations, youth organizations and marginalized groups to organize and receive support should be lifted. At a time when civil society movements depend on local and international funding to implement their initiatives, feminist and vulnerable organizations may face additional difficulties in accessing funding due to stereotypes or administrative barriers. The government should also cooperate with donors to support these organizations and build their capacity, recognizing their vital role in empowering women and marginalized groups and their participation in public life.
Third, the state should initiate awareness-raising campaigns and promote a societal culture that acknowledges the importance of women and all marginalised groups participating in civic activism. This involves combating discriminatory discourse, including racism, misogyny, homophobia, xenophobia and other forms of prejudice that may exclude women or any marginalised group from the public space. These efforts must be accompanied by educational and media policies that highlight positive examples of women and youth leadership in demand action, so that society understands that the right to peaceful assembly is guaranteed to all without exception or discrimination. Through these measures, women and other marginalized groups will be empowered to exercise their right to assembly and collective expression freely and safely. When everyone feels that their voices are heard and can bring about change, civic activism becomes more inclusive, thus enriching the democratic experience and fostering an all-inclusive demand for human rights in Lebanon.
Recommendation VI: Support Civil Society & Foster Dialogue between State and Citizens
In addition to safeguarding the right to protest, the government should also broaden civic space by empowering civil society organizations and encouraging constructive dialogue between the state and citizens. Lebanese civil society has a rich history of initiatives and campaigns that have helped push for change, and it is in the government’s interest to capitalize on this popular momentum rather than fight it. The government should take steps to ensure that freedom of association and the work of civil society can take place without bureaucratic obstacles or security harassment.
In this context, it is crucial to facilitate the procedures for registering associations and NGOs and removing administrative obstacles to them, so that the authorities recognise any civil group or association as soon as they notify the government of its establishment, in accordance with the long-standing Lebanese law (the Ottoman Law of 1909) that guarantees the freedom to establish associations. There should be no bureaucratic or security restrictions on the activities of these organisations, whether by requiring prior approvals for their activities or interfering with their funding. Any oversight of civil society work should be limited to what is stipulated by law within the framework of transparency and anti-corruption, and should not become a pretext to curb legitimate civil society activity.
Additionally, the government should set up regular channels of communication with civil society groups and popular movement /uprising leaders, such as periodic dialogue platforms with representatives of trade unions, social and human rights movements, civil society organisations and other demanding movements to consult on public policies and laws under preparation. This would enable the street’s demands to be conveyed to the decision-making body in a smooth manner and to address issues before they escalate and people take to the streets. On the other hand, the government should provide a safe environment for activists and human rights defenders to act. This includes protecting digital freedom of expression and ensuring that peaceful voices of criticism are not prosecuted online or offline, as well as respecting media freedom and enabling journalists to cover protests without harassment or assault. One of the criteria for a healthy civic space is the ability of the press and citizens to safely report the pulse of the street and the suffering of the people. The government can also encourage a culture of dialogue in educational institutions and youth organizations by incorporating the values of citizenship and peaceful expression into curricula and organising discussion forums for young people on public issues.
Recommendation VII: Respond to the People’s Demands & Consolidate Democratic Governance Approach
Finally, it is imperative that Nawaf Salam’s government must demonstrate its serious commitment to being a reformist government that listens to the voice of the people and responds to their aspirations. Provision of legal and security protection for peaceful gatherings is insufficient in isolation, if not coupled with actual steps to address underlying causes that led to popular mobilization. Lebanese citizens took to the streets in 2019 and beyond, demanding fundamental rights and a dignified life in the face of severe crises in the economy,public services, and the fight against corruption. In order to reinforce citizens’ confidence that peaceful expression is an effective path to change, the government must adopt a serious social and economic reform package that fulfills the rightful demands raised by the popular uprising.
This also includes the implementation of concrete measures to combat corruption, ensure transparency in public finance management, and the initiation of an economic rescue workshop focusing on protecting the most vulnerable groups and securing basic services such as water, electricity, health and education. It also requires accelerating the delivery of justice pathin the case of Beirut Port explosion and holding those responsible to account. The latter case in particular a common demand expressed by masses in the street. The government’s demonstration of good faith and seriousness in these files will communicate a positive message to the public that their voice is heard and is being taken seriously, thereby encouraging the continuation of civic participation within the peaceful and institutional frameworks.
In addition, an approach to democratic governance based on participation and accountability should be established and consolidated. If the right to peaceful assembly is a legitimate means of pressure to achieve reform, then the authorities respond to this peaceful pressure in a civilized manner, which will lead to positive results for the whole society. Otherwise, ignoring the demands of the demonstrators or suppressing them will lead to aggravation of the situation, loss of confidence and escalation of congestion. Taken together, the implementation of the above recommendations – from legal reform to preserving the dignity of protesters and integrating women and youth into public life – will create a conducive atmosphere to achieving a new social contract in Lebanon, based on respect for rights and freedoms and ensuring social justice and equality. It is evident that when the Lebanese citizen perceives that his dignity is respected and his voice is heard in the formulation of policies, the fundamental pillars of democracy will exert a positive influence on the stability of the country and its sustainable development.
Civic space protection is not a luxury, but rather a necessary foundation for any political and social reform. The government led by Nawaf Salam is presented with a unique opportunity to cultivate public confidence through the implementation of audacious policies that align with human rights principles and address the demands of the populace. The implementation of the aforementioned recommendations can be regarded as a concrete road map for the establishment of a new social contract founded upon the principles of freedoms, accountability, and equality.
