The government wants to tighten the rules surrounding demonstrations to prevent riots and destruction surrounding protests. For example, the wearing of face-covering clothing during demonstrations should be banned and it should be easier to recover damages from demonstrators who break the law. The cabinet announced this on Friday after the Council of Ministers.
The reason is demonstrations that have gotten out of hand in recent years. Last summer, anti-asylum demonstrators in The Hague sought confrontation with the police. And climate activists and farmers repeatedly blocked highways in protest against government policy. According to the government, such actions undermine support for the right to demonstrate.
The plans are at odds with recent advice from the Scientific Research and Data Center (WODC), part of the Ministry of Justice and Security. The WODC concludes that the legal framework surrounding demonstrations essentially functions well and that restricting the right to demonstrate, enshrined in Article 9 of the Constitution, makes little sense. According to the researchers, there is sufficient room to regulate demonstrations and limit them where necessary.
The WODC research also shows that demonstrations rarely get out of hand. Between 2015 and 2022, 97 percent of demonstrations did not pose a risk to public order and safety. Only 1 percent involved more than ten incidents.
Combating abuse
The government acknowledges that the majority of demonstrations are peaceful, but states that additional measures are needed to prevent abuse. In a press release, the cabinet writes that it is investigating whether the Municipalities Act can be amended to make it easier for local administrators to move or temporarily detain demonstrators. It also examines how municipalities can be better supported in recovering damages caused by protests that get out of hand, such as a highway blockage.
An important part of the tightening is the proposed ban on face-covering clothing. According to the government, rioters cover their faces too often to prevent recognition. This makes it extra difficult for the police to track down “rioters”. Minister of Justice Foort van Oosten (VVD): “The small group that abuses demonstrations to riot or destroy should be punished for this.”
The WODC advises allowing anonymity during demonstrations – unless there are concrete reasons for arrest. But the cabinet has nevertheless opted for a complete ban on face-covering clothing. Only in exceptional cases, such as fear of repercussions from abroad, may this be deviated from. Anyone who violates the ban risks a fine (maximum 5,150 euros) or imprisonment (maximum two months).
It is still uncertain whether the tightening will actually happen. The government first submits them to the police, the Public Prosecution Service, the judiciary and the legal profession, among others. It is then up to the House of Representatives to decide on the tightening of the right to demonstrate.
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