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representative shall suffice for this purpose. The Governor or the
Chief Police have the power, without prejudice to the right to
assemble, to enforce controls on the duration or course of the
meeting provided for in Article (3) in order to regulate traffic
provided that the organizers are informed of these controls after 24
hours at most from the date of submission of the notice".
Article (3) of the same law defines the temporal limitation as follows: "Public
assemblies are permitted provided that a written notification is sent to the
Governor of Chief Police at least 48 hours in advance of the meeting". Article (4)
sets forth the guarantees for assembly as "in case the organizing party has not
received any written answers as stipulated in the previous paragraph, the
organizing party has the right to convene the public meeting in the date specified
in the notice". Another guarantee is provided for by Article (5) which states that
"competent parties, upon request of the party organizing the meeting, shall take
the required protection measures with no prejudice to the right of the
participants in or process of the meeting".
Article (20) of the Universal Declaration of Human Rights affirms "everyone has
the right to participate in peaceful assemblies and associations" while Article (21)
of the International Covenant of Civil and Political Rights maintains 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, the protection of public health or morals or the protection of
the rights and freedoms of others".
In 2010, the right to peaceful assembly, both in the West Bank and Gaza Strip,
has been exposed to numerous violations and abuses that led to the failure to
exercise this right. Limitations and the violation of this right in light of the
political division in Palestine came following the events that took place in the
Gaza Strip in 2007. The organization of some peaceful assemblies, such as rallies
and public meetings, continued to be prevented. Journalists were prevented
from having coverage. Restrictions were also in place, such as a prohibition by
the Ministry of Interior from organizing such events.
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