gathering of several individuals at the site of the welcoming ceremonies for a foreign head of State on an official visit, publicly announced in advance by the State party authorities, cannot be regarded as a demonstration. In so far as the State party contends that displaying a banner turns their presence into a demonstration, the Committee notes that any restrictions upon the right to assemble must fall within the limitation provisions of article 21. A requirement to pre-notify a demonstration would normally be for reasons of national security or public safety, public order, the protection of public health or morals or the protection of the rights and freedoms of others. Consequently, the application of Finnish legislation on demonstrations to such a gathering cannot be considered as an application of a restriction permitted by article 21 of the Covenant. APPENDIX Individual opinion (dissenting) submitted by Mr. Kurt Herndl pursuant to rule 94, paragraph 3, of the rules of procedure of the Committee on Human Rights 1. While I did (and do) agree with the Committee's decision of 20 March 1992 to declare the present communication admissible inasmuch as the facts reported might raise issues under articles 15, 19 and 21 of the Covenant, I am regrettably unable to go along with the Committee's substantive decision that in the present case Finland has violated articles 19 and 21. The reason for this is that I do not share at all the Committee's legal assessment of the facts. A. The question of a possible violation of article 21 9.3 The right for an individual to express his political opinions, including obviously his opinions on the question of human rights, forms part of the freedom of expression guaranteed by article 19 of the Covenant. In this particular case, the author of the communication exercised this right by raising a banner. It is true that article 19 authorizes the restriction by the law of freedom of expression in certain circumstances. However, in this specific case, the State party has neither referred to a law allowing this freedom to be restricted nor established how the restriction applied to Ms. Kivenmaa was necessary to safeguard the rights and national imperatives set forth in article 19, paragraphs 2 (a) and (b) of the Covenant. 2.1 The Committee's finding that by applying the 1907 Act on Public Meetings (hereinafter called the 1907 Act) to the author – and ultimately imposing a fine on her in accordance with section 12 of the Act – Finland has breached article 21 of the Covenant, is based on an erroneous appreciation of the facts and, even more so, on an erroneous view of what constitutes a "peaceful assembly" in the sense of article 21. 2.2 In the first sentence of paragraph 9.2 of its Views the Committee rightly observes that "a requirement to notify the police of an intended demonstration in a public place six hours before its commencement may be compatible with the permitted limitations laid down in article 21 of the Covenant". A mere requirement, as contained in the 1907 Act, to notify the authorities of a public meeting several hours before it starts, is obviously in line with article 21 of the Covenant which provides for the possibility of legitimate restrictions on the exercise of the right to peaceful assembly "in conformity with the law and which are necessary in a democratic society in the interests of national security or public safety, public order (ordre public), the protection of public health or morals or the protection of the rights and freedoms of others". The 1907 Act certainly falls in this category. This is, by the way, admitted by the author herself, who asserts that she does not contest that restrictions on the exercise of the right to peaceful assembly may be justified and that prior notification of public meetings is a legitimate form of such restrictions (see para. 8.5 of the Views). In her last communication she explicitly states that she is not challenging the validity of the 1907 Act in abstracto either. 9.4 The Committee notes that while claims under article 15 have been made, no issues under this provision arise in the present case. 10. The Human Rights Committee, acting under article 5, paragraph 4, of the Optional Protocol to the International Covenant on Civil and Political Rights, is of the view that the facts before it disclose a violation of articles 19 and 21 of the Covenant. 11. Pursuant to article 2 of the Covenant, the State party is under an obligation to provide Ms. Auli Kivenmaa with an appropriate remedy and to adopt such measures as may be necessary to ensure that similar violations do not occur in the future. 12. The Committee would wish to receive information, within 90 days, on any relevant measures taken by the State party in respect of the Committee's Views. 2.3 The legal issue therefore centres on the question of whether the author's actions – the fact that she "and about 25 members of her organization, amid a larger crowd, gathered ..., distributed leaflets and raised a banner" (see para. 2.1 of the Views) – ought or ought not to be qualified as a "public meeting" in the sense of the 1907 Act or, for that matter, as a "peaceful assembly" in the sense of article 21 of the Covenant. * The text of an individual opinion submitted by Mr Kurt Herndl is appended. Section 1 (1) provides that the purpose of a "meeting" is to discuss public matters and to make decisions on them. Section 10 of the Act extends the requirement of prior notification to public ceremonial processions and marches. 2.4 In that respect, the Committee observes in paragraph 9.2 (second sentence) of its Views that "it is evident from the information provided by the parties that the gathering of several individuals at the site of the welcoming ceremonies for a foreign head of State on an official visit, publicly announced in advance by the State 59