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“Open Recommendation to Conduct Constitutional Review on the ‘Law of the People’s Republic of China on Assemblies, Processions and Demonstrations’”

January 22, 2014

In this open recommendation to the National People’s Congress, the signers urge Congress to conduct a review of the Law of the People’s Republic of China on Assemblies, Processions and Demonstrations and repeal it because they find it in violation of the Constitution.

The signers explain that the Constitution of the People’s Republic of China already protects citizens’ right to assembly, association, procession, and demonstration—and the Constitution has the highest legal authority[1] and cannot be contravened[2]—but the Law of the People’s Republic of China on Assemblies, Processions and Demonstrations restricts these rights by requiring administrative approval,[3] and therefore violates the Constitution. In addition, the Law violates the “right to freedom of peaceful assembly and association” principle enshrined in the Universal Declaration of Human Rights and the provision in the International Covenant on Civil and Political Rights—which China signed in 1998—that stipulates that “The right of peaceful assembly shall be recognized.”

See English translation of the recommendation on Chinachange.org.

 

[1] Article 78 of the Legislation Law of the People’s Republic of China, http://english.gov.cn/laws/2005-08/20/content_29724.htm

[2] Article 5 of the Constitution of the People’s Republic of China, http://english.people.com.cn/constitution/constitution.html

[3] Article 7 of the Law of the People’s Republic of China on Assemblies, Processions and Demonstrations, http://www.refworld.org/docid/3ae6b59010.html

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