In the National Assembly |10 November 2021
PNQ on right to public assemblies sparks intense debates
A Private Notice Question (PNQ) by leader of the opposition in the National Assembly Sebastien Pillay, pertaining to the right to public assemblies, sparked heated debates among National Assembly members yesterday.
Minister for Internal Affairs Errol Fonseka appeared before the assembly alongside Commissioner of Police Ted Barbe in providing a response as to the procedures adopted by the police in determining where public assemblies can be held, and why the public were misinformed about an incident which took place at a manifestation by United Workers Seychelles (UWS), whereby the public were falsely informed that UWS did not have permission for the protest.
As per Minister Fonseka, numerous factors are considered in deciding whether to grant approval as per Section 4 of the Public Assembly Act, including time and date, volume of persons expected, location, the safety of pedestrians, practicability to motorists , and the environment, specifically, the types of economic activities within the proposed location.
The minister further explained that upon receiving an application, the commissioner receives notice, consults with senior officers, prior to a decision being made. With the Covid-19 pandemic, permission from the health commissioner is also necessary.
In relation to the matter whereby it was stated that UWS did not have permission for the assembly is but a simple “miscommunication”.
“The police received a letter from UWS dated October 19, 2021, to notify them of the intentions to host a manifestation. This would be held on October 23 and 26, and November 6, 2021, as of 9am to 12pm on Independence Avenue. On October 20, the secretary to the police commissioner sent the letter to the Public Health Commissioner Jude Gedeon for approval. The commissioner of public health responded on October 22, where he highlighted that there was no objections for the manifestation, subject to conditions including physical distancing and the wearing of masks. The police also informed Mr (Emmanuel) Fideria after the response from public health through an email that approval was granted for October 23. The email was also sent to concerned officers including the one responsible for visible policing Antoine Denousse, who was also in charge of operations that day,” said Minister Fonseka.
“It is true that Mr Denousse stated that neither side had permission to hold protests that day, but this is simply because the commissioner of police was awaiting approval from the health authorities prior to responding. In this case, the public health commissioner had responded positively to all three dates proposed for the manifestations, through the same letter dated October 22, which is where the confusion occurred. The date for manifestation on October 30 was omitted in communications on the side of the police,” Minister Fonseka answered.
Both sides of the table got heated with accusations made back and forth, with Linyon Demokratik Seselwa (LDS) accusing the UWS of attempting to sabotage the tourism industry by choosing to host the protests at the clock tower, while United Seychelles (US), parent political party to UWS, seemed to be accusing government of infringing on the party and citizens’ rights.
Leader of the opposition Pillay presented to the assembly all the correspondence between UWS and the authorities, demanding an apology be tendered to the party, whose name and reputation has been negatively affected with the statement made by Mr Denousse. Hon. Pillay also questioned Minister Fonseka as to whether the group of LDS supporters who allegedly disrupted the peaceful protest by UWS had permission to protest, and how they were dealt with by the force.
In responding, Minister Fonseka clarified that a second group of protestors were officially removed by police, and that they did not have any permission.
He also spoke briefly about the provisions to establish a speakers’ corner where individuals and groups can express themselves.
Laura Pillay