Constitution, Article 9 | Right to protest

Our Constitution sets out the rights to which all citizens are entitled. It also sets out the rules for living together harmoniously. People who live or work in Apeldoorn explain what this law means in their daily lives. This time: Ton Heerts, Mayor of Apeldoorn, on Article 9.

“In principle, demonstrations are always allowed, unless they are genuinely too risky”
Ton Heerts
Ton Heerts, Mayor of Apeldoorn. Photographer: Dimmen van Otterloo

‘Everyone has the right to demonstrate in public’

“You don’t need a permit to hold a demonstration; it’s simply allowed. We do, however, ask that you notify the local council in advance. After all, it must be carried out safely and within the bounds of the law. We’ll work together to put clear arrangements in place.”

“Mayors are allowed to ban a demonstration. There must be very good reasons for doing so. These relate to road safety, public order and public health. Only if there are indications that one of those three is at risk can demonstrations be banned. But in principle, they are always permitted, unless it is genuinely too risky.”

“Sometimes there are signs that things might go wrong. Even then, I first look – together with the organisers and the police – to see if there are ways in which the demonstration can still take place safely. After all, we are talking about a fundamental right here. Those rights exist for a reason: they form the basis of our democracy and our rule of law. It is my duty to uphold and safeguard them.”

“I have banned one demonstration so far. It was a demonstration against Islam, held on the pavement outside a mosque. Calls had been made on social media beforehand to destroy the Qur’an. Something like that is hugely offensive to believers. Citing fears of ‘disturbances’ – as it is officially termed – I banned the demonstration at the last minute.”

“Even during the coronavirus pandemic, we allowed a number of large demonstrations to take place in Apeldoorn. It was quite nerve-wracking at times, but they all went smoothly. I’m proud of that. Because that’s what democracy is all about: giving everyone the space to express their views, even if you don’t agree with them.”