Public Protests are Legal

Public protests are legal, after permission is Granted

Letang said by law a public protest is legal after permission is granted

An attorney in Dominica has explained that public protests, demonstrations and processions are legal in Dominica but only after permission has been granted by the proper authorities before they are staged.

Quoting from the Public Order Act of 1897, Geoffrey Letang, said at a discussion, hosted by the Dominica Bar Association at the University of the West Indies (UWI) Open Campus center site on Elmshall Road on Monday night, that, by law, permission for a public protest must be sought at least three days before it is held.

“The Public Order Act, which is approved by the Constitution, says it shall be unlawful for any public procession or any demonstration or any protest to take place unless the same is permitted in respect of this Act,” Letang explained.

He quoted Section 4 of the Act which states that: ‘where any persons desires to obtain any public procession, demonstration, protest or march, he or she shall at least three days before the intended public procession, make an application to the Commissioner of Police for a permit.’

“The Act says you must do so three days before the intended procession,” he explained. “The Act also says the Commissioner of Police, who is the Chief of Police Mr. Daniel Carbon, he can refuse it. The Act also says if the Commissioner refuses, he shall refer it to the minister responsible.”

Letang pointed out that the Act also makes provision for protest action.

“It makes provision for demonstration but in order that it be effected, in order that one demonstrate, you must get permission,” he stressed adding that under the Act, those who refuse to follow the law and disperse during a public demonstration are liable to be imprisoned for up to five years.

“The other aspect is that, and being required or commanded by any magistrate or by any Justice of the Peace or the senior police officer in the area by proclamation to be made to the name of the President to disperse themselves peacefully, to depart to their homes or to their lawful business, shall to the number of 12 or more, notwithstanding the proclamation be made, unlawfully assembly,” he said in reading the Act.

The Attorney continued, “Now the Act also provides, if after the proclamation is made, that you remain there one hour or more after the request has been given, then all persons so remaining or containing together to the number of 12 or more after the request or command was made by the proclamation, is liable to imprisonment for five years.”

Meanwhile Attorney at law, Danielle Edwards, is of the view that the legal profession should provide protection for those who protest peacefully and the “restrictions or limitations on peaceful protests are justifiable where disorder arises out of violence and it cannot be stopped by less severe measures.”

“Ultimately the state’s authorities, through the governments, have the judgement on the need for a particular restriction, however my submission is that the power given to states should conform to international standards,” she stated. “And thirdly the right to freedom of assembly must include the right to protection against counter demonstration.”

She explained that this means that “people should not only have the right in legislation to go out and protest but they should also feel comfortable doing so and it is only if the state also facilitates the protection of their rights that they would exercise the rights to protest.”

Edward added that it can only be exercised with a sense of security by those groups wishing to demonstrate for or against highly controversial issues.

“So the legal system should adequately provide for protection of the right to peaceful protest,” she argued. “The law also recognizes an unauthorized protest … the concept of an unauthorized protest is a protest that does not comply with procedural requirements in law such as prior notification or in the case of Dominica, the requirement for a permit by the relevant authorities prescribed by legislation.”

The discussion was held to launch the Dominica Bar Association’s radio show, ‘Legally Speaking.