Marches, mayhem: Balancing civil rights, public safety
A protest is a public expression of objection, disapproval, or dissent towards a political idea. Since time immemorial, protests have been a core component of democracy.
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Nathaniel Board in his article, ‘The Role of Protests in a Democratic Society’, states, “protests are the vibrant threads that weave together the principles of freedom, justice and progress. They serve as a powerful instrument of change, embodying the essence of democratic values such as freedom of expression and assembly”.
Protests are a way to enforce the rights and needs of citizens. However, they could also be an avenue to cause havoc; which could compel the police to use life-threatening approaches to enforce a calm atmosphere.
Right to protest
Article 21(1)(d) of the 1992 Constitution of Ghana guarantees every citizen’s right to protest. It is a fundamental human right that comprises freedom of assembly, freedom of association, freedom of movement, and freedom of speech and expression. Protests are a shield against oppression, dictatorship and autocratic governments; an expressive means to register displeasure.
Protests are not a new phenomenon, in fact, their occurrence is largely tied to definitive societal changes in history especially in contemporary times.
Protests have been the driving force behind several social crusades serving as avenues for the calling out of those in authority to ensure they tackle issues of injustice, racism, economic hardship, oppression, and abuse. Indeed, protest is a veritable tool for bettering society.
Some popular protests that captured global attention include BlackLivesMatter and Greta Thunberg’s Climate Action.
Protests are a tool for checks and balances, a strong voice for the marginalised, and a vital feature of democracy.
Without the right to protest, democracy would just be a bait to force policies down the throats of the people.
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Key points, Kenya protests
On June 18, 2024, Kenyans protested the Financial Bill in a historic event. President Ruto described it as disruptive, and ordered the police to intervene, resulting in unrest, deaths and abductions.
The Kenyan protest emphasises the need for the police to adopt security measures during demonstrations that ensure the safety of the country while desisting from violating the rights
of the protestors.
Section 1 of Ghana’s Public Order Act 1994 mandates the organisers of a demonstration to notify the police of their intention not less than five days before the date of the protest.
The reason is that protests are subjected to public safety and order. The police are mandated to protect the general public from harm and ensure that there is no chaos during protests.
However, this does not empower the police to abuse their authority and infringe on the rights of protestors.
In the case of Delia v. Minister for Justice of Malta Owen Bonnici (2020), where Maltese maintained a memorial and organised monthly protests in front of a national monument to call for justice for the murder of a journalist, a government minister ordered the routine removal of banners, flowers, signs and other memorial items under the guise of protecting the national monument.
The court found that the true motivation behind the removal was to suppress the protests, not to protect the monument.
This action violated Article 10 of the European Convention on Human Rights (freedom of expression) and Article 41 of the Constitution of Malta (protection of freedom of expression).
The author admits that although protestors step out of boundaries and act violently, the police must find reasonable ways of calming the angry mob.
Preventative detentions and extra-legal measures to deter participation in peaceful protests have become increasingly common worldwide. These acts are hideous and an affront to fundamental human rights.
Given the upcoming “fix the country demo”, the Ghana Police Service must learn from these circumstances and act reasonably within their mandate to enforce better approaches to handling protestors.
The police’s duty during demonstrations is not just to protect society from harm or chaos but to protect protestors as well.
Protesting is a fundamental human right and should not be considered a threat to public safety. It is the duty of the police to protect protestors and ensure that their rights are not violated.
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The writer is an LLB candidate,
University of Professional Studies, Accra.
E-mail: ellakwatia233@gmail.com