We Promise wins appeal over restrictions on right to demonstrate

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September 8, 2022
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We Promise is a foundation working against racism, discrimination and exclusion in the Netherlands. Among other things, We Promise demonstrates against the statue of J.P. Coen in Hoorn, which the foundation says represents a symbolic veneration of a violent colonial past.

In September 2022, We Promise had announced a small-scale protest against the statue, with only three people attending. The mayor of Hoorn imposed twenty-three restrictions on the demonstration, including a ban on amplified sound and a ban on “offensive” expressions.

PILP objected to the mayor’s decision on behalf of We Promise, arguing that the restrictions violate the right to demonstrate. The objection was discussed by an independent advisory committee. This committee recommended to the municipality that We Promise be vindicated on all counts (read the opinion here). The municipality accepted the advice, acknowledging that some restrictions, such as the ban on amplified sound, went too far and should not have been imposed.

In the objection, the PILP also addressed the notification procedure for demonstrations in Hoorn. In fact, this was only possible through DigiD, which We Promise says is a barrier for many people to register a demonstration. The advisory committee emphasizes that the procedure for notifying a demonstration should be low-threshold and accessible to all. Because not everyone in the Netherlands has computer skills and/or a DigiD, “the exclusive use of a digital procedure with DigiD (…) creates an undesirable barrier to the exercise of a fundamental right.”

The application procedure has since been modified (in part) by the municipality.

We Promise is positive about the outcome: “We hope that this procedure will help to ensure that our right to demonstrate is better respected in future demonstrations. It is definitely another step in the right direction.”

Read more about the right to protest on our file page.

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