Students will still be allowed to occupy a building, but perhaps not while masked

The government wants to make few changes to the right to demonstrate, but some members of the House of Representatives are demanding a ban on face coverings such as scarves. The ministers will return to the issue early next year.

In a letter to the House of Representatives, the minority government has set out what it wants to change about the right to demonstrate: not much. For students who occasionally occupy a campus building, little will change for the time being.

But it is not yet clear whether the House of Representatives will accept this. Demonstrations are a sensitive issue in Dutch politics. Right-wing parties point to the associated damage and disruptions to public order. They want to overhaul the right to demonstrate.

Left-wing parties point out that vandalism and violence are already criminal offences: action can be taken against them without restricting the right to demonstrate.

97 per cent peaceful

The WODC (Research and Data Centre) says the same. The right to demonstrate is actually functioning well, according to a recent advisory report on the matter. 97 per cent of all demonstrations pass off peacefully.

Enforcement could be improved, the report also says. The Public Prosecution Service and the courts have been too reluctant to prosecute demonstrators who disrupted public order, used violence or caused damage.

But according to the WODC advisory report, peaceful blockades and occupations are in principle protected by the right to demonstrate, and this can remain the case. The right to demonstrate does not need to undergo major changes. For example, there is no need for a ban on face-covering clothing: you are allowed to remain anonymous at a demonstration, as long as you do not break any laws.

Riot at the UvA

In higher education, pro-Palestinian demonstrators have occupied buildings with some regularity in recent years, demanding that their university or university of applied sciences sever ties with Israeli institutions. This sometimes led to riots, vandalism and violence.

The barricades and damage at the University of Amsterdam in particular are etched in the memories of many politicians. Can we really not deal with this more effectively, ask political parties that already have little sympathy for these demonstrators in particular.

Adopting recommendations

Perhaps we can, the government believes, but this does not necessarily require an amendment to the right to demonstrate. The government says it will adopt the WODC’s recommendations, as ministers Heerma (Home Affairs) and Van Weel (Justice) have announced.

The government is also working on broader police powers to investigate rioters. This could mean that the police will collect information from private WhatsApp groups and other social media.

Masks

In the House of Representatives, which debated the issue last Wednesday, face coverings are the most sensitive point. Should you really be able to take part in demonstrations anonymously, or does that allow you to get away with offences because nobody can see who you are?

Several parties, including governing party VVD, have long wanted to ban face-covering clothing such as scarves, making it easier to track down rioters. That was also the position taken during the committee debate.

D66 was more cautious. The party gave the example of someone dressing up as a chicken to protest against chlorinated chickens, or wearing the mask of a foreign head of government during a protest against their rule. “In that case, it is part of the message and falls under freedom of expression.”

But should violent demonstrators be given the chance to go unpunished simply because other demonstrators want to wear a chicken mask? The VVD says no and will probably be joined by a number of other parties.

Middle ground

The government will consider the matter and come up with a proposal early next year. Both the VVD and D66 are part of the current coalition, so it may take some time to find a middle ground that satisfies everyone.