Right to protest under threat, activists say ahead of days-long protest blocking A12

The right to demonstrate is under pressure in the Netherlands, activists warned the Tweede Kamer. The local government regularly changes the rules during the game and often uses too much violence, said climate activist Jelle de Graaf of Extinction Rebellion, anti-racism activist Jerry Afriyie of Kick Out Zwarte Piet, and Bart Kemp of farmers’ movement Argactie in a discussion with parliamentarians about the right to demonstrate.

The police have arrested hundreds of climate activists during protests this year alone. And it rarely happens that a Kick Out Zwarte Piet protest against blackface makeup in the Sinterklaas arrival party occurs without the activists getting harassed or attacked by counter-protesters. More clashes between demonstrators and the authorities are likely to come up soon as Extinction Rebellion is preparing to occupy the A12 highway in The Hague every day from Saturday.

“The right to demonstrate is more important than a Sinterklaas parade,” Afriyie said. “The right to demonstrate is a fundamental right, a Sinterklaas parade is not.” If a demonstration of Kick Out Zwarte Piet is banned, the same ban should apply to the Sinterkaals arrival party, Afriyie said. He called on mayors to listen to the experiences of demonstrators. “We often deal with a hostile public.”

De Graaf said that the government has “broken” the trust of peaceful demonstrators and that the government must take the first steps to restore it. Kemp believes that the local government should provide clarity in advance about what rules will apply to a demonstration.

The chief prosecutor of the Amsterdam district public prosecutor’s office, Rene de Beukelaer, wholeheartedly agreed with that. “We have to agree on rules and stick to them.” He also believes that investments should be made in the “far too fragile” trust of demonstrators on the one hand and the local government, police, and Public Prosecution Service (OM) on the other.

Amsterdam police chief Frank Paauw stressed that the police protect and facilitate the fundamental right to demonstrate “in good conscience.” He added that violence is sometimes “inevitable.” The police are speaking with activists and others to learn from demonstrators, he said.

According to Sharon Dijksma, mayor of Utrecht and chairman of the Association of Municipalities (VNG), the right to demonstrate is “not unlimited.” She said protesters regularly cross the boundaries of this right, echoing a sentiment shared by Mayor Jan van Zanen of The Hague. “We must maintain public order, and we want to offer the fundamental right to demonstrate maximum space,” Dijkstra said.

According to Amnesty International director Dagmar Oudshoorn and three of the human rights organization’s scientists, there is a mutual distrust between demonstrators and authorities in the Netherlands. In their view, the rules are not always clear, and smaller municipalities have little experience with demonstrations, which can be harmful to activists. Governments must share their knowledge, and activists must make sure they are aware of their responsibilities, Amnesty International said.

Restrictions justified in some cases, expert says

According to Berend Roorda, an associate professor on the right to demonstration from the University of Groningen, it may be justified for a mayor to impose restrictions on demonstrations that, for example, block a highway. Speaking to parliament, he referred to a ruling by the European Court of Human Rights about farmers in Lithuania who had blocked three highways. The court ruled that the blockade fell within the scope of the right to demonstrate. “But at the same time, the answer to the second question was that the restrictions imposed were justified,” Roorda said.

In the Netherlands, Extinction Rebellion plans to block the A12 highway, the largest access road to The Hague, again in a protest against the government’s support for fossil fuels every day from Saturday. Mayor Van Zanen of The Hague wants the demonstration to happen elsewhere in the city.

In response to a question from the PvdD about this, Roorda said that the right to demonstrate is “not unlimited. So restrictions can certainly be placed on it. And whether these are groups like Pegida, farmers, or climate activists, it doesn’t matter. If they want to block that highway day in and day out, then there are certainly options for restrictions.”

According to the expert, the mayor can ban the blockade “because of the health of others, or because of the fear of disorder, or for traffic interest. Although the latter is subject to discussion about the extent to which this may constitute a ground for restriction,” Roorda said.

He also pointed out that demonstrators must obey the law. “And if they don’t do that, action can also be taken,” he said, adding that cation must always be proportionate.