The protest on Friday raises a number of legal issues that the Centre for Justice wishes to address as part of its remit to raise public awareness around civil liberties.

Section 10 of the Bermuda Constitution guarantees the right of freedom of assembly and association. As in most fundamental rights, this freedom is not an absolute right.

Freedom of assembly can be lawful only if it is peaceful. Freedom of peaceful assembly means the intentional and temporary presence of a number of individuals in a public place for a common purpose. An assembly is deemed peaceful if its organisers have professed peaceful intentions and the conduct of the assembly is non-violent.

Freedom of assembly is integral to a healthy and vibrant democracy. Any restriction on it must be proportionate. According to the Venice Commission’s Guidelines on Freedom of Peaceful Assembly, there is a presumption in favour of holding assemblies, and our democracy requires that laws exist to facilitate and to protect such gatherings. Where any restrictions on the freedom of assembly are required, they must be proportionate and must not fundamentally alter the character of the assembly or attempt to relocate the assembly to less visible locations. The freedom is to be enjoyed by everyone regardless of age, sex or gender, religion or belief, affiliation, family status, sexual orientation, ability or socioeconomic status.

Peaceful assembly must also be distinguished from activity that can constitute a criminal offence. By way of clarification, the law does not permit those gathered for assembly and protest to block public access ways or rights of way.

Section 12(c) of the Parliament Act 1957 provides that any person who wilfully interferes or attempts to interfere with the free exercise of any Member of Parliament or senator of their duties commits an offence. Accordingly, preventing access to the House of Assembly by parliamentarians is an offence. The courts have the power to imprison someone who is found guilty of this offence for up to two years or impose a fine of $16,800 — or do both.

Further, under section 20(1)(c) the Summary Offences Act 1926, any person who knowingly interferes with the carrying-on of any lawful activity in any public premises, which includes any building occupied or used by or on behalf of the Government, commits an offence.

Section 98 of the Criminal Code Act 1907 creates offences relating to unlawful assembly and riot. Specifically, where more than three people assemble and act in a way to cause anyone in a neighbourhood to fear, on reasonable grounds, that they will disturb the peace, that gathering is unlawful. Separately, where that unlawful gathering acts in a manner to disturb the peace, those individuals are said to engage in a riot. It is therefore clear that so long as the assembly, march or protest is lawful and peaceful, the right to engage in such an assembly, march or protest cannot be interfered with.

Historically, there have been occasions where those advocating for human rights and civil liberties have engaged in acts of non-violent resistance and civil disobedience to successfully challenge the status quo.

Anyone seeking to engage in civil disobedience should be aware of the risks associated with doing so, which may result in criminal sanction.

Given the potential for criminal sanction, it is recommended that individuals engaged in civil disobedience also understand their rights in the event they are arrested and/or prosecuted for committing an offence.

• Venous Memari is the director of the Centre for Justice, a non-governmental, non-partisan non-profit organisation whose aims are to promote and to protect the rule of law, human rights and civil liberties in accordance with the Bermuda Constitution and international human rights instruments such as the Universal Declaration of Human Rights and the European Convention of Human Rights. This statement has been prepared to promote an understanding of the applicable legal principles engaged by the right to freedom of assembly. It does not constitute legal advice.