Wednesday, December 29, 2021

Markus Wagner, December 15, 2021, Right of Assembly

Nordrhein-Westfalen Landtag, Plenarprotokoll 17/155, pp. 69-70.

Frau President. Ladies and gentlemen.

For over a year, this present law of assembly occasions statewide protests in large cities of Nordrhein-Westfalen. The last large demonstration against the law was a few weeks ago here in front of the Landtag building.

I have witnessed in four and a half years in the Landtag just so many demonstrations. What I have not seen in four and a half years was a massive police presence of the kind which was at this demonstration in front of the Landtag. The police were not there to defend the assembly from disturbances, but they were there to defend the parliament and the parliamentarians from the demonstrators. Now this is surely very interesting, since it was the demonstrators who had demonstrated against this assembly law.

Now, assemblies should actually be peaceful events since it is naturally good, right and important to be a critical citizen who openly declares his opinion in common with others at rallies and assemblies; ja, that makes up die Demokratie. It would be frightfully boring if we all had the same opinion. It is of the greatest luxury – on this account is a democracy so important – to have one’s opinion and also to be able to advocate it. Yet it is nevertheless important how this opinion is advocated. When it so happens, then please let it be peaceful and without weapons; these in any case are our value concepts.

A sad climax of the protests was that of June 26 in Düsseldorf in Oberkassel at the Rheinweisen, a Saturday. The alliance “Stop NRW Assembly Law” met there. Supporters of these alliances were, among others, the State associations of the Grünen Jugend and the Jusos NRW. The people should appear to be combative for demonstrating against the allegedly authoritarian and undemocratic draft of this assembly law; it was in any case thus in the invitation. And combative it was then; I am about to speak of that also.

Now the question is: Who there actually observed the right of freedom of assembly? With whom go the leftist next generation hopefuls of the SPD and Greens hand in hand into the street? There were, believe it or not, 42 supporter groups of these alliances which have been categorized by the Constitution Defense as extreme left – 42 extreme left organizations.

The rally was also evaluated by the Nordrhein-Westfalen Constitution Defense as an extreme left dominated mixed scene. In the public presentations, extremist positions overlapped the ostensible concerns of the protest against the law and led to the break up of the assembly.

Enemies of the state of law, violent perpetrators, brawlers, and amidst the Greens and SPD. So that we do not misunderstand: Even extremists have a right to demonstrate, yet also here the question is: How does that happen? Naturally the question needs be asked why youth organizations of democratic parties – in any case, those which designate themselves as such – knowingly go into the street in common with extremists?

The result of the event was: For 328 of the participants, criminal proceedings were determined by officials on account of crimes of violence, violations of the ban on face covering, the explosives law, etc. Certainly, democracy does not thus function. This day clearly showed that a consequential proceeding against such fanatics is required.

Extreme left violent perpetrators claim the right to freedom of assembly so as to abuse it and thereby confirm the necessity of a law of assembly. Any of those at this demonstration who directed themselves against this law have with their behavior confirmed the necessity of this law.

Frau Schäffer, you opined on the netzpolitik.org that this law treats assemblies primarily as a potential danger for public security. Know that when Greens go into the street together with extreme leftists public security is then in fact affected, since such assemblies quite obviously need be seen as a danger; this we have seen on June 26.  

You may thus be grateful to your clientele for this law. These people with their violent actions are therein implicated that such actions need be penalized and presuppositions need be created which in such a law find expression so as to be able to apply to these culpable actions.

It would actually be simpler to finally cease disturbing the peaceful demonstrations of others, as is ever readily done by the Black Block and many leftist counter-demonstrators. It would actually be simpler to cease attacking the police. It would actually be simpler to cease torching automobiles. If all this were the case, such a law would likely not be needed.

In this law is nevertheless lacking, among other things, a language regulation. Language is the most important step for integration; this we know and see in the well integrated foreigners in our country. Yet what shall it be when a demonstration takes place in a foreign language? Which effects could this have?

German is the official language in our country, which is used in social life as well as by government and administration. We understand ourselves in this language and form for ourselves our opinion, in which we with others discuss and make contact.

An assembly in the sense of Art. 8, paragraph 1, of the Basic Law is a local meeting of many persons for the purpose of a community discussion and announcement, with the goal of participation in the public formation of opinion.  So far as assemblies are not held in German, it is by all means to be feared that participants who do not speak the language employed are not able to participate in the formation of opinion. This minority needs to be thought of; their desire for formation of opinion is to be protected.

 

Still more important however is that it can also not be excluded that statements counter to the free, democratic basic order or on a complexity of criminal offense may be come upon. Here the police would be requested to immediately intervene.

If however no one among the police understands the statements concerned, this can have destructive consequences. Thus, for example, can violent confrontations arise. So as to counter this, a translator needs to be named who simultaneously translates the assembly. The leadership of the assembly has to bear the cost of commissioning the translator.

We have presented a comprehensive motion to amend [Drucksache 17/16057] which names some of the details; inter alia is there also regulated the question of language at assemblies and the mission of the translator.

Ladies and gentlemen, the right of assembly is a very lofty good. The AfD defends it wherever it goes and of course in peace. This is the only way to in fact maintain our right of assembly.

I thank you.   

 

[trans: tem]