The right of assembly and demonstration is enshrined in article 9 of the Constitution, which states:
"1. The right of assembly and demonstration shall be recognised, without prejudice to the responsibility of everyone under the law;
2. Rules to protect health, in the interests of traffic and to combat or prevent disorders may be laid down by Act of Parliament."
The Public Assemblies Act implements paragraph 2 of the above article (right of assembly). The Act confers powers on municipal authorities to curb the right of assembly and demonstration, albeit of course within the limits laid down in the Constitution. These limits are spelled out again in section 2 of the Act: 'Restrictions may be imposed solely to protect public health, in the interests of traffic and to combat or prevent disorders. "
The Public Assemblies Act draws a distinction between assemblies and demonstrations which are held in public places and those which are held elsewhere. A public place is defined as a place where, in principle, everyone is free to come and go, and which has no specific purpose. Examples therefore include public thoroughfares and marketplaces (including covered markets), but not stations, museums, churches, football grounds, halls or restaurants.
The powers conferred by the Act in respect of assemblies and demonstrations which are held in public places are more extensive than those referring to assemblies and demonstrations held in non-public places. In the first case, the municipal council may introduce a notification system by passing a bylaw. On receiving notification from the relevant organisations, the burgomaster may thus ban a planned assembly in advance, if to do so would be in the interests of public health, traffic or the prevention of disorders.
However, the Act does not entitle local authorities to introduce a notification system in respect of public assemblies which are held in non-public places. In such cases, therefore, there can be no question of preventive action, such as the prior imposition of restrictions or bans on assemblies of this kind. Such an assembly may be stopped, while it is taking place, by or on behalf of the burgomaster, to protect public health or to prevent or combat disorders (but not in the interests of traffic). In other words, the Public Assemblies Act allows the authorities to take repressive action only in respect of assemblies which are open to all but which are being held in non-public places.
In 1995, when the Kurdish parliament was established in the Netherlands, the Dutch authorities took no measures under these statutory provisions, as the assembly in question was being held in a non-public place and the organisers were not obliged to report it. Nor was there any reason to take action during the assembly, as there were no public order problems.
In a judgement of 9 June 1987 (Interlocutory Injunction 1987, No. 268), the president of The Hague District Court acknowledged the horizontal effect of the right of assembly. The case in question concerned an organisation, the Netherlands South-African Society, which had wanted to hire a room at The Hague Conference Centre to celebrate the Day of the Covenant. The Conference Centre had refused them permission, releasing inter alia to the organisation's objectives and to its own commercial interests. The president ruled that the refusal constituted an unwarranted violation of the right of assembly, a right accruing to all citizens, whether or not they hold controversial views. Although the president's decision itself infringed upon the freedom of contract, the president held that this latter freedom must give way to the protection of the organisation's constitutional rights.
The analysis is based on information provided by the Permanent Mission of the Kingdom of Netherlands to OSCE.
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