Dutch gov't wants to limit right to demonstrate, but unclear how
During a parliamentary debate on the right to demonstrate on Wednesday, it became clear that the Dutch government wants to limit the right to demonstrate to prevent people from abusing the right and breaking the law. But Justice Minister David van Weel has not yet come up with concrete measures, NOS reports. Among the options the government is considering is a ban on face-covering clothing.
The Minister said he would defend the right to demonstrate with tooth and nail, but wants to set limits to the “excesses” that take place during some demonstrations. He is waiting for an investigation by the WODC, his Ministry’s research institute, on the right to demonstrate before deciding on concrete measures. The results of that study are expected in April.
Minister Judith Uitermark of Home Affairs is considering a ban on face-covering clothing during demonstrations, provided that it is clearly demarcated. She called an obligation to demonstrate “with an open face a legally conceivable route.” But it must be clearly stated “in which cases you can deviate from this.”
Van Weel confirmed that he was exploring such a ban “with exceptions.” He mentioned demonstrations against dictatorial regimes as an occasion when it would be acceptable for protesters to hide their faces.
It became very clear during the debate that the parliamentarians are divided on whether and how the right to demonstrate should be limited. All parties stressed that the right to demonstration is important, but they varied widely about where the boundaries lie, according to the broadcaster.
GroenLinks-PvdA parliamentarian Esnah Lahlah argued that the right to demonstrate must be protected. “Also, or perhaps especially, when it is irritating, annoying, and angering.” PvdD MP Christine Theunissen shared that opinion.
The right-wing parties were especially irritated with the Extinction Rebellion blockades on the A12 highway in The Hague. “If I drive five kilometers too fast, I get a fine. Why are climate activists allowed to misbehave every week?” JA21 leader Joost Eerdmans complained.
PVV MP Emiel van Dijk accused Minister Van Weel of “weakness” in tackling climate activists. According to him, the authorities were much harsher against the perpetrators of the Friesland highway blockade and during coronavirus demonstrations. Van Weel rejected that criticism and pointed out that climate activists are also being prosecuted.
“Demonstrating is a fundamental right but not an excuse for anarchy,” CDA MP Derk Boswijk said. “If we want this right to retain its value, we must set clear boundaries and take tough action against violations.”
ChristenUnie leader Mirjam Bikker submitted a motion requesting that the three national commemorations in the Netherlands be protected against public disorder, including demonstrations. The VVD, NSC, CDA, SGP, and JA21 supported the motion.
Minister Uitermark spoke of a “complicated puzzle.” Like Van Weel, she wants to await the results of the WODC study before deciding on measures. She also wants to discuss the matter with the mayors and authorities in the municipalities that host the national commemorations. “My approach will be to first gather thoughts and ideas about this.”
