Four climate activists affiliated with Extinction Rebellion Twente planned to demonstrate in Hengelo on May 25, 2024. The demonstration was supposed to have been a small demonstration on the climate crisis, calling on the public to participate in follow-up actions and activities around climate justice. The mayor of Hengelo imposed as many as 10 restrictions and regulations on the small demonstration of four people. The organizers were shocked by the municipality’s repressive approach. Therefore, they filed an objection, together with lawyers from PILP.
A fundamental principle within the right to demonstrate is that authorities must facilitate demonstrations and that the wishes of organizers must be followed in doing so. This follows from the Dutch Constitution and other national rules. But also from international treaties applicable in the Netherlands, such as the Charter of Fundamental Rights of the European Union.
The mayor of Hengelo gives a very different signal: there is word of banning demonstrations, enforcement actions and criminal offenses. For example, the location of the manifestation was restricted (it was not allowed on the Marktplein), no so-called offensive proclamations were allowed and a maximum noise standard of 60dbA was permitted. In addition, organizers were required to clean up any trash left behind.
In an earlier decision, the mayor of Hengelo even imposed a ban on expressions about conflicts in the Middle East. Intervening in the contents of a demonstration is not allowed. Fortunately, the mayor quickly reversed this. But he continues to choose a repressive approach around the May 25 climate demonstration. In correspondence and at a Council meeting, the mayor stood firm on the restrictions imposed.
Partly because this approach is part of a broader trend of increasing repression around demonstrations and because they want to demonstrate more often in Hengelo, the organizers lodged an objection, with the help of PILP.
“We are shocked by the mayor’s approach. It is also painful that the mayor does not want to acknowledge that he was wrong. The mayor’s responses do not seem in line with the constitution and the language in the letter we received feels hostile. As if we are doing something wrong while using our right to free speech. This cannot be allowed to continue like this, which is why we are appealing,” said Wendy, one of the climate activists.
The decision on the objection is expected by the end of 2024.
Find a direct link to the objection here (in Dutch). Read more about the right to demonstrate, and PILP’s other proceedings on this issue, here.
