Trade unions are organising a protest in Brussels on 5 October in a final fight against the so-called 'Van Quickenborne bill' to restrict demonstrations. It is feared this will compromise an essential democratic right to protest.
Justice Minister Vincent Van Quickenborne earlier this year unveiled a draft law that could impose a demonstration ban on so-called "rioters" as part of a larger reform of the Belgian legal system. The aim of the demonstration prohibition would be to stop people who do not actually take part in a demonstration, but reportedly make use of a demonstration to start fires, cause destruction or damage property.
Following large-scale opposition, the text was slightly amended. But according to unions and human rights organisations which have repeatedly protested against the proposal, the changes are not enough.
"The current legal text remains a danger to our democracy because it silences demonstrators," they argued. The problem lies in the fact that the provisions in the bill are so broadly defined that it poses great risks to the right to collective action in general.
"Spraying foam as was done in the action a few months ago could already be grounds for someone to be banned from demonstrating for years, even if it is done in an extremely peaceful way and without danger to public safety," Miranda Ulens of the socialist union ABVV/FGTB said.
Unions also stressed that the text compromised the right to demonstrate under the guise of preventing violence, even though the Penal Code already provides penalties for vandalism or arson, meaning no new law is needed. They also believe that there may be violations of privacy, as every activist will be screened to verify that they have not been banned from participating. The Supreme Judicial Council and the Federal Institute of Human Rights have also expressed opposition to the bill.
Delayed process
The Chamber was expected to decide whether to introduce a ban on demonstrations into criminal law in July. However, this was also postponed following a request made by the left-wing PVDA party. Unions are calling on people to take to the streets of Brussels on Thursday 5 October and gather in front of the Van Quickenborne cabinet near Botanique to urge politicians to vote the law out of the Federal Parliament.
The three trade unions, Amnesty International, Greenpeace and the Human Rights League will take to the floor, which will be followed by a procession, with plumes of red and green smoke, past the headquarters of the Ecolo-Groen and PS-Vooruit parties.
The socialist union ABVV/FGTB argued that the demonstration ban is yet another infringement on the right to collective action, following numerous interventions by bailiffs and police to the strike pickets of Delhaize shops.
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Similar changes were made to the Public Order Act by the UK government earlier this year (led by Home Secretary Suella Braverman): police can now restrict or stop a protest in the UK if they believe it could cause "more than minor disruption to the life of the community."
Both the United Nations and human rights organisations have criticised this new law, warning it would affect people's right to freedom of expression and peaceful assembly and association.
The government insists that the fundamental right to protest is still protected under the legislation, but it brings in new penalties for so-called "guerrilla tactics." The bill was introduced to crack down on disruptive protests by activists such as the Just Stop Oil and Extinction Rebellion groups, which used tactics such as blocking roadways and chaining themselves to railings.
