Victory for citizens in first SXM case on right to protest

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November 26, 2024
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Philipsburg, Sint Maarten – Today, in a landmark victory for free speech, the freedom of assembly and democratic rights, the court ruled in favor of SXM in Solidarity with Palestine – an action group that wanted to demonstrate peacefully in Philipsburg after the onslaughts on Gaza began in October 2023. They organized a March of Love and Solidarity with the people of Palestine, scheduled for November 2023. This demonstration was completely prohibited by the government of Sint Maarten.

SXM in Solidarity with Palestine started a legal procedure against this decision to ban the assembly, with the help of human rights lawyers from PILP and Sint-Maarten lawyer Brenda Brooks. Today’s ruling ruling marks a critical defense of the people’s right to peaceful assembly and freedom of expression.

In its decision, the court sided with the plaintiffs, and from the verdict flow clear instructions for the government to adjust its policies to better align with the right to peaceful assembly, as enshrined in Sint Maarten’s constitution and international human rights agreements. This verdict has made clear that citizens can organize and participate in peaceful protests without undue political interference or suppression.

“We are very happy that the court  recognized the importance of this issue and the human and civil rights, said Jelle Klaas – human rights lawyer at the Amsterdam-based PILP that is litigating this case for the action group. “This victory is not just for those who wished to participate in this particular march, but for everyone in Sint Maarten who values freedom of expression and assembly. Demonstrating is a right – not a favor”.

The judge even included a point about future protest, also because the Government did not show up during the court proceedings:

‘It is up to the State with a (subsequent notification about) an intended demonstration, to put the safeguards of fundamental human rights first, and on the basis of the aforementioned assessment framework to carefully examine and thoroughly justify whether a restriction thereof is necessary in a democratic society.’

Read the ruling on the first court case in Sint Maarten about the right to protest here, available in Dutch.

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