Violation of Act on Assembly and Demonstration

A. Definition

Cases in violating the law on assembly or demonstration

B. Formula

Number of assemblies/demonstrations that violated the Law on Assembly or Demonstration.
Arrest Rate = Number of Arrests/Number of Occurrences x 100

C. Features and Sources

Category Sub-Category Sub-Subcategory Type of Indicator Reference Data Sources First Year Data Available Update Frequency
Right to Freedom Basic Freedom Freedom of Assembly Objective/Result Objective Result Crime Statistics 2011 1year

D. Description

The international law and the legal basis for freedom of assembly or demonstration are as follows. From the perspective of international law, “Everyone has the right to freedom of peaceful assembly and association” (Universal Declaration of Human Rights, Article 19). In addition on that, “The right of peaceful assembly shall be recognized. No restrictions may be placed on the exercise of this right other than those imposed in conformity with the law and which are necessary in a democratic society in the interests of national security or public safety, public order (ordre public), the protection of public health or morals or the protection of the rights and freedoms of others” (International Covenant on Civil and Political Rights, Article 21). The domestic constitution and the law also stipulate the guarantee of legitimate rights of assembly or demonstration. For instance, according to the article 21(2) of the constitution, “All citizens shall enjoy freedom of speech and the press, and freedom of assembly and association”. Furthermore, when we look in to Assembly and Demonstration Act article 3(1), “No one shall interfere with a peaceful assembly or demonstration or disrupt its order by means of violence or threat or by any other means”. Freedom of assembly is not just a freedom of personal expression, such as freedom of opinion and expression, but the freedom of collective expression. Since the freedom of assembly is an essential premise for the realization of democratic politics as political freedom, it is urgently required to guarantee the assembly in today’s democratic society. Freedom of assembly includes passive conferences, such as freedom to hold meetings, freedom to conduct or proceed with meetings, freedom to participate in meetings, and freedom to not participate in meetings. The given indicator shows the violation of the law on such demonstrations and assemblies. According to the law on assembly and demonstration, no one should interfere with peaceful rallies and protests, and a person who violates it shall be punished by imprisonment for not more than three years. However, if the officer violates it, he shall be punished by imprisonment for not more than five years. According to statistical data, the arrest rate has been steadily maintained at more than 90%. Recently, the incidence rate has been gradually increasing as the incidents decreased.

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