This update covers developments relating to the freedoms of expression, association and peaceful assembly in Luxembourg from 1st January 2024 to 31st October 2024.
GENERAL
Luxembourg-based company sold spyware and surveillance products used in Indonesia
On 1st May 2024, Amnesty International’s Security Lab released a briefing revealing that the Luxembourg-based Q Cyber Technologies SARL (linked to the NSO Group) was one of the vendors of invasive spyware and surveillance products deployed in Indonesia between 2017 and 2023. The report highlights a complicated web of suppliers, brokers and resellers, which can obscure the sale and transfer of surveillance tech. To recall, the Pegasus spyware that unlawfully surveilled journalists, activists and CSOs worldwide was sold by the NSO group.
Contacted by Amnesty, the NSO Group stated that all sales were made to vetted government end-users and, if any private entities are involved, it is as commercial intermediaries who do not receive access to the operational systems. The NSO Group claimed that Q Cyber Technologies SARL never received any export licence from Luxembourg as it was not required under law, since no export-controlled items have been exported from Luxembourg.
Amnesty International calls on all countries to ban the sale, transfer, export and use of highly invasive spyware, which cannot be independently audited or limited in its functionality and so is fundamentally incompatible with human rights.
- Amnesty International report, ASA 21/7974/2024
EXPRESSION
Luxembourg obtains first place on safety of journalists in World Press Freedom Index
Luxembourg is in 11th place in the 2024 Reporters Without Borders World Press Freedom Index, up from 2023. According to the report, “the press is widely read in Luxembourg” and “journalists enjoy a high level of respect among the population”.
Proposed bill on access to information for journalists and on the promotion of professional journalism
On 17th July 2024, the Government Council adopted a bill to introduce access to information for journalists and to promote professional journalism and democratic debate.
The following three amendments are proposed:
- To implement the Press Council’s demand for the introduction of a specific right of access to information.
- To provide more support for professional journalism by clarifying certain provisions and adjusting certain financial mechanisms.
- To update the definition of a professional journalist to further clarify the criteria for granting a professional journalist’s card.
ASSOCIATION
Caritas in crisis
On 19th July 2024, the Luxembourg charity Caritas filed a complaint for misappropriation of funds after noting “irregularities that have led to significant financial losses for the group linked to the Foundation”. It soon appeared that Caritas, one of the country’s biggest charities, to which the State subcontracts part of its social services, had been robbed of 61 million euros (USD 63 million).
On 6th August 2024, the Luxembourg Prosecutor’s Office confirmed that the charity had fallen victim to a “CEO fraud”, aimed at bypassing standard authorisation procedures to procure payment of fake invoices. The same day, Caritas announced the set up a of “crisis committee”, headed by an economic consultant and supported by the accounting firm PricewaterhouseCoopers, to “restore confidence with all stakeholders” and to create new entities to maintain its national and international activities.
On 14th September 2024, Caritas Luxembourg announced that despite “working intensively to mitigate the impact on beneficiaries abroad”, many international aid projects would be stopped. The NGO offices in Laos and South Sudan will close on 31st October 2024.
On 1st October 2024, a new structure called “Hëllef um Terrain” (“help on the ground”) was created to succeed Caritas to continue the institution’s national activities, especially for homeless people, people in precarious situations, refugees, migrants, children, and young people and families. The future of the Caritas Foundation, the analytical and political arm of Caritas, is uncertain.
On 2nd October 2024, the government announced a bridging loan of €5 million so that the charity can continue its remaining activities in the short term.
On 7th October 2024, about 30 civil society organisations signed an open letter and protested to stress the importance of civil society organisations in democracy, in the midst of the Caritas affair. The collective criticises the government for treating them as mere ‘service providers’, ultimately ‘undermining civil society’. They call on the government to restore dialogue.
The role of civil society as a vehicle for political debate on the development of society seems to be seen as disruptive, while NGOs are the yeast in the dough of a vibrant democracy and society
- Press release and open letter of a collective of 33 CSOs, 7 October 2024
Unions against minister’s proposal to bypass them in collective agreements negotiations
On 8th October 2024, a meeting of the Standing Committee on Labour and Employment (CPTE) took place between the Minister for Labour, Georges Mischo (CSV), and the social partners. A draft action plan by the Minister proposed that union representation would no longer be mandatory to negotiate collective agreements within companies. This change would allow individual non-unionised employees to participate in negotiations – a development that the three unions saw as a direct challenge. This led the union representatives to walk out of the meeting. In an interview with Le Quotidien, Nora Back, the President of the Independent Luxembourg Trade Union Confederation, expressed the opinion that the government is attacking the rights and prerogatives of trade unions.
ASSEMBLY
Future law on outdoor public gatherings raises concerns
The 2023-2028 Coalition agreement provides that the Government will introduce a legal framework necessary for the smooth running of rallies. According to the coalition partners, the numerous demonstrations that took place in the context of the Covid-19 pandemic made “apparent that Luxembourg does not have adequate legislation to regulate demonstrations”.
A draft law proposal circulated in 2023 and a new version was shared with Amnesty International in 2024. Amnesty International Luxembourg provided written comments to the authorities. In its 2024 report on the right to protest in 21 European countries, the organisation writes that many of the concerns raised in relation to the 2023 draft law remain valid also in relation to the June 2024 version. According to the report, the “proposed provisions included the confirmation of an authorisation regime for assemblies and administrative and criminal sanctions for lack of compliance; and a burdensome process underpinning the authorisation regime. The draft was neither sufficiently precise in its proposed provisions, nor was it clear on the reasons for creating a restrictive framework on assemblies. It placed significant responsibilities on organisers, for example, by delegating the responsibility of the authorities to ensure the security of assemblies. It also missed an opportunity to reinforce the need for adequate training for law enforcement officers engaged in protests and specifically in relation to vulnerable groups, use of force, available and permissible equipment, and tactics that may be used in accordance with international human rights standards”.
On 21st October 2024, the Tageblatt newspaper published a critical article on the draft law it had had access to, expressing that the room for interpretation for a very restrictive approach was enormous. Following this publication, the Ministry of Home Affairs communicated the same day that the article in question was based on the draft bill drawn up by the former Minister for Internal Security, Henri Kox (Déi Gréng) and that a new draft bill is currently being prepared. Amnesty issued a statement expressing concern about the future law.
Rather than limiting the right to demonstrate, the government should commit to protecting it and making it an instrument of dialogue between citizens and their representatives. Democratic debate should never be seen as a threat, but as an opportunity to strengthen our institutions
- David Pereira, Director of Amnesty International Luxembourg
Ban on begging spurs protests
On 11th December 2023, the new Minister of the Interior, Léon Gloden, approved amendments to the general police regulations of the City of Luxembourg, banning begging in certain areas of the capital, such as shopping streets, between 7 am and 10 pm.
The ban was criticized by many and different protests took place to oppose it:
- On 29th January 2024, 200 people protested in front of the city hall in Luxembourg as the ban was being discussed. The protest was called by the youth sections of LSAP, the Greens and the Left.
- On 2nd February 2024, 200 people, called by the association Solidarity with Beggars (Solidariteit mat den Heerscherten) marched from the city hall to the office of the Ministry of Interior in Luxembourg against the ban on begging. The association is supported by the parties LSAP, the Greens, the Pirate Party and the Left, and the trade unions OGBL, LCGB, AI and MDM.
- Action Against the Begging Ban (Aktioun Geint den Heescheverbuet) organised a protest on 22nd March 2024, against the ban on begging introduced 100 days earlier.