NHRC Opinion Submitted to Speaker of the Assembly States: “The Draft Revision Excessively Restricts Freedom of Assembly”
After deliberation at the 49th session of its Subcommittee 1 on 28 November 2003, the National Human Rights Commission (NHRC) has found that the draft revision of the Act on Assembly and Demonstration (hereafter “Draft Revision”)—which is scheduled to be laid before the National Assembly Legislation and Judiciary Committee—contravenes article 21 of the Korean Constitution (Freedom of Assembly), and the Commission has decided to submit its written opinion on the Draft Revision to the Speaker of the National Assembly.
Article 21: clause 1 of the Korean Constitution guarantees freedom of assembly and clause 2 prohibits [restriction by/requiring a] a prior approval system. Additionally, article 20 of the Universal Declaration of Human Rights, article 21 of the International Covenant on Civil and Political Rights, and article 11 of the Convention for the Protection of Human Rights and Fundamental Freedoms (Council of Europe) all guarantee the right to assembly and demonstration as a basic democratic freedom. The freedom of assembly is not only a means for citizens to realize their personal dignity, foster the development of individuality and personality, and ensure the efficacy of voice in the public sphere, but it also serves the important function of protecting the minority and thus, enabling democracy to take root and develop.
After comprehensively deliberating over the draft revision, based on the principle of clarity when restricting fundamental rights, the principle against excessive legislation of prohibitions, and the principle of making the punishment fit the crime, and the principle of clear and present risks, the Commission decided to express its written opposition to the draft revision.
