Background to the right of assembly
Asylum seekers are also allowed to demonstrate

After a refugee demonstration in Bavaria, AfD politician von Storch spread the statement that asylum seekers have no right to demonstrate because they are foreigners. That's wrong. Everybody is allowed to demonstrate.

Freedom of assembly is governed by Article 8 of the Basic Law. And it is indeed - as claimed by AfD politician Beatrix von Storch, a so-called German fundamental right. According to the wording, all Germans have "the right to assemble peacefully and without weapons without registration or permission". However, this does not mean that foreigners are not allowed to demonstrate in Germany.


[from article 8:
1) All Germans have the right to assemble peacefully and without weapons without registration or permission.
2) In the case of outdoor assemblies, this right may be restricted by or pursuant to a law.]

The right to free development

First, there is the article 2 paragraph 1 of the Basic Law: "Everyone has the right to the free development of his personality, as far as he does not violate the rights of others and does not violate the constitutional order or the moral law," it says. This is a basic right of access that foreigners can invoke when demonstrating.

Assembly Law - also for foreigners

Apart from that there is a law of assembly in Germany. There it says in § 1:

"Everyone has the right to organize public gatherings and lifts and to attend such events."

Anyone, so of course also foreigners. Few federal states have their own assembly law, for example Bavaria, where the demonstration of the asylum seekers took place, to which Storch also referred. But even then, the wording is identical: Everyone, and not only Germans have the right to assemble and demonstrate. This is not a fundamental right, but, like all other laws, it still applies.

"Every person has the right"

Then there is the state constitution of the Free State of Bavaria. Art. 113 states:

"All residents of Bavaria have the right to assemble peacefully and unarmed without registration or special permission."

The protection of the freedom of assembly therefore has constitutional status for the inhabitants of Bavaria, even if the inhabitants are foreigners. And last but not least, there is the European Convention on Human Rights (ECHR). And again, it says in Art. 11:
"Every person has the right to gather freely and peacefully with others."

(source article: http://faktenfinder.tagesschau.de/inland/versammlungsrecht-103.html )