New case won in Sint Maarten: Minister lifts conditions on peaceful protest

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March 14, 2025
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The Minister of Justice of Sint Maarten has decided that the conditions that were imposed on the demonstration of January 10, are in violation of the law and human rights and had to be withdrawn. SXM in Solidarity with Palestine has been vindicated by the Justice Minister of Sint Maarten, Nathalie Tackling on all points. The minister decided to withdraw the restrictions imposed on January 10th.

On the 10th of January 2025, a group of concerned citizens wanted to organise a peaceful demonstration in support of Palestine. However, the minister imposed 14 far-reaching conditions and restrictions on the demonstration. Despite these measures, the demonstration was peaceful and successful. The organisers, concerned about the severely imposed rules, lodged an objection with the help of lawyers from the PILP Foundation.

The objection focused on the restrictions imposed, such as the ban on certain expressions, on noise nuisance and the duty to clean the streets after the protest. Similarly, there was a prohibition on the burning of any flags, something that is not illegal, nor was there any intention to do so. These measures are at odds with the right to demonstrate and freedom of expression, as guaranteed by the law in Sint Maarten and human right treaties. Moreover, the grounds for many of the conditions imposed were insufficient, unnecessary and/or wrong. The Justice Minister upheld the citizens’ objections and withdrew all contested conditions and restrictions.It can be concluded that the minister recognises that the restrictions imposed were unjustified.

Prior to this, PILP lawyers also supported these citizens in challenging an earlier restriction on the right to demonstrate. In November 2023, a demonstration in solidarity with Palestine was fully banned by the Justice Minister. The Court of First Instance ruled on 25 November 2024 that this ban was unlawful and therefore should not have been imposed. The Government of Sint Maarten did not respond to the ruling, nor were they present during the hearing held in October, 2024. This lack of interest is reason for concern on whether demonstrations could again be unlawfully restricted in the future.SXM in Solidarity with Palestine were surprised to learn by the restrictions on the January 10 protest and therefore decided to object against the decision. The recent vindication shows that there is hope that the right to protest will be respected in the future .

SXM in Solidarity with Palestine is satisfied with the outcome. However, they remain sceptical and state that “we need to have a strong government that understand human rights are fundamental and there should be a clear vision that these rights should be met with the utmost respect and care. Protest is a fundamental right and the

government should do everything in her power to support its citizens when they want to show their discontent” says Humera Alam. The citizens of Sint Maarten in Solidarty with Palestine hope that the Minister will now indeed ensure the right to demonstrate for all people on the island.

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