The Right to Protest group filed an appeal with the Constitutional Court against a recent article of the criminal code which they say threatens freedom of expression and the right to demonstrate.
The group, a coalition of Belgian NGOs and trade unions, announced the lawsuit in a statement on Friday. There have been longstanding concerns over the article which was voted on in February 2024. In particular, the text stipulates that "malicious attacks on the authority of the State" should be punished.
Right to Protest, highlights its new definition which includes "maliciously and publicly undermining the binding force of the law or rights or the authority of constitutional institutions by directly provoking disobedience to a law causing a serious and real threat to national security, public health or morality."
According to the group, the offence described in the code provision is "imprecise and ambiguous" making it unclear what exactly is prohibited, undermining "the principle of legality."
Moreover, the "general terms" leave room for authorities to restrict or supress demonstrations involving "essential" (non-violent) civil disobedience, explained Amnesty International Belgium in a statement.
"Breaking a law, in a public and non-violent way, when it is not legitimate, makes it possible to relaunch a public debate, to be a driving force for change," the unions and NGOs stated.
The coalition further stresses the potential for disproportionate punishments, including non-compliance with the law being punished more lightly than inciting disobedience.
Moreover, the group states that other provisions already make the incitement of certain illegal behaviours a criminal offence, meaning that the article "does not add any value."
"NGOs and trade unions within the ‘Right to Protest’ Coalition are joining forces to call on the Constitutional Court not to allow this misuse of criminal law to restrict dissenting voices and to preserve the right to freedom of expression," wrote Amnesty International Belgium in a statement.
The Right to Protest members include three trade unions – FGTB, CSC and CGSLB – Greenpeace, Amnesty International Belgium, the Liga voor mensenrechten and the Belgian Human Rights League.
