KOZP and NLWB win objection case over Slochteren demonstration

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July 12, 2024
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Kick Out Zwarte Piet (KOZP) and Stichting Nederland Wordt Beter (NLWB) peacefully demonstrated on November 25, 2023 in Slochteren against the discriminatory parts of the Sinterklaas parade there.

The mayor of Midden-Groningen had imposed several restrictions on this demonstration. The mayor had done so for fear of disorder. KOZP and NLWB found this fear unjustified and invoked their fundamental and human rights concerning demonstrations: these may only be restricted if it is really necessary and proportionate.

With the help of PILP’s lawyers, KOZP and NLWB appealed the restrictions imposed. This case has now been won (on most points).

With the decision on the objection, the mayor of Midden-Groningen admits, among other things, that limiting the noise (no sound amplifying devices, such as megaphones, were allowed to be used) violates the right to demonstrate. The restriction around the ban on face-covering clothing was also unlawful and has now been rewritten.

“KOZP had already indicated to the municipality that banning the megaphones is interfering with the content of the demonstration and therefore unnecessarily restricting the right to demonstrate. We are therefore pleased that our objection to this has been upheld.” – Marisella de Cuba, KOZP

There was also a discussion about the location of the protest. The right to protest includes that you may demonstrate against or for your cause within sight and sound. In Slochteren, the mayor designated a location far away and barely visible for the demonstration. According to the mayor, there was no other way and it was close enough to the parade. KOZP and NLWB do not agree.

Still, KOZP and NLWB are glad that they were largely proved right: it would have been better if, prior to the demonstration, the mayor had refrained from imposing these unnecessary and unconstitutional restrictions. KOZP and NLWB will therefore not appeal.

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