The right to demonstrate in the Netherlands is under pressure, warns
National Ombudsman Reinier van Zutphen in a new
research. According to him, the government and politics focus too much
on risk management and limiting nuisance, whereby
citizens feel discouraged to demonstrate.

According to Van Zutphen, a downward spiral develops: the more
government and politics focus on control and limitation, the greater the
distance to demonstrators is increasing. As a result, some citizens are dropping out,
while others harden. This subsequently reinforces the tendency to
further risk management.

Negative perception and emphasis on order
Since his 2018 investigation, the House of Representatives and the Cabinet have been intervening.
more emphatically in the debate on demonstrations. At the same time, the
According to him, public and political perceptions have become more negative.

Attention is often focused on incidents and disturbances, while
most demonstrations proceeded peacefully. As a result, they feel
citizens feel less supported in expressing their opinions publicly.

According to the ombudsman, the development is also reflected in policy.
Municipalities regularly impose standard restrictions that on
be at odds with the right to demonstrate. There are also voices from
The House of Representatives and the Cabinet increasingly heed the call for demonstrations.
to further restrict via motions and legislative proposals.

Van Zutphen is critical: “Do not try to manage risks with
general policy that affects all protesters, due to incidents at
part of the demonstrations.”

Violence and vandalism fall outside the right to demonstrate.
The ombudsman acknowledges that incidents surrounding demonstrations have a major impact
could have. As an example, he cites the recent riots and
Arson at the emergency shelter in Loosdrecht.

At the same time, he emphasizes that violence and serious vandalism outside
fall under the protection of the right to demonstrate. “Right to demonstrate
It is about peacefully expressing an opinion. Riots have nothing to do with that.
to experience.”

Legal protection falls short
The ombudsman sees complaints about police violence at demonstrations
increase. Some protesters even speak of ‘excessive’
violence. Van Zutphen is critical of the handling of complaints.
about this. Protesters have little confidence in a
independent handling of their complaints by the police.

Legal protection for demonstrators also falls short more broadly.
Protesters do not always know which restrictions are imposed by municipalities
have been imposed and how they can object to them.

According to Van Zutphen, good legal protection is essential for the
functioning of the right to demonstrate. Government action must
be verifiable, so that the government can learn from it and adjust its actions
can adjust if necessary.

Appeal to Parliament and Cabinet
In the run-up to the parliamentary debate on the right to demonstrate, the
National Ombudsman for the Government and Parliament on the Right to Demonstrate
to actively protect “in word and deed” and to be restrained with
new restrictions.

The law already offers sufficient possibilities to organize demonstrations in an orderly manner
allow to run and, where necessary, limit proportionally. Adjusting is
not only unnecessary, it does more harm than good.