The Equality Rights Group (ERG) says it has again written the Chief Minister urging him to restore the freedom of assembly.

A statement from the ERG follows below:

‘We believe that, with the appropriate controls, the fundamental constitutional right to assembly and protest need not be banned outright.

'Following a full consideration of all reasonable circumstances, and several months of practical pandemic experience later and not before, ERG originally wrote to the Chief Minister two weeks ago, raising our concerns regarding what has now become, in our estimation, Government’s disproportionate prohibition on the right to freedom of assembly, and we made this fact known publicly. We highlighted the fact that, given reasonable and enforceable conditioning elements recommended by health experts (such as the use of masks and social distancing) being put in place and enforced at public assemblies, there were reasons for Government to reconsider their posture for a more proportionate approach and a more adequate democratic environment’ Group Chair, Felix Alvarez, has stated today.

‘Proportionality is an important factor in any actions under law, especially as exercised by the Executive, and one that any democracy must balance in its social policies. Sensible and reasonable measures to adapt to circumstances are surely possible, safeguarding both health and democracy.’

‘Unfortunately, to date, Mr. Picardo has not responded to our letter.

‘We fully understand there are competing demands on the Chief Minister’s time; but yet, on the other hand, Government has had ample opportunity to publicly address their updates to the Covid-19 regulations in some detail, whilst remaining absent on this matter. This can only fuel an already active suspicion which is present in our community, regarding the handling of these questions.

‘As Chair of ERG, I have therefore once again written to Mr. Picardo requesting the courtesy of a response to our concerns. We are not averse to understanding the seriousness of the situation. And yet, given the fact that throughout Gibraltar, government accepts the need for citizens to publicly move freely in considerable numbers under administrative health advice in order to attend school, go to work or generally go about their daily business, it is difficult to see as coherent the current total lack of proportionality specifically with regard to the exercise of citizens' fundamental democratic rights.

‘No right is more basic to the health of any democracy than the right to freedom of public assembly and protest in the face of any Government. And given the reasonableness of appropriate controls and enforcement, ERG requests Government to seriously fine-tune its approach on this question because there either are or are not reasonable grounds for limiting citizens' rights. And those cannot rely exclusively on removing the context of people's fundamental rights. It is, indeed, an exercise in proportions.

‘We continue to urge all citizens to respectfully keep good Covid-19 protection measures at all times, and yet, equally, to insist on their fundamental and important right to be able to air and practise reasonable, legitimate, and peaceful public assembly as guaranteed by the Gibraltar Constitution, our most fundamental law,’ the statement ended.