The number of demonstrations where demonstrators wear face-covering clothing to evade detection or make enforcement of public order difficult is increasing. It is important that demonstrating can happen safely and fairly. To properly safeguard the right to demonstrate for everyone, those who misuse this right or commit offenses must be able to be addressed. To track down and prosecute these individuals, they must be identifiable. It happens too often that individuals intentionally cover their faces to misuse a demonstration for rioting. This must stop, as the right to demonstrate is too important. Minister Uitermark of the Ministry of the Interior and Kingdom Relations and Minister Van Weel of Justice and Security are therefore working on a legislative amendment for a national ban on face-covering clothing at demonstrations.

The cabinet is working on a national ban with an exemption authority for mayors. This way, mayors can still allow a demonstration with face-covering clothing in certain cases if there are legitimate reasons for it. Consider demonstrators who cover their faces as an expression of a religious belief or out of fear of repercussions from a dictatorial regime.

Minister Uitermark: “The right to demonstrate is a fundamental part of our society. The fact that citizens must be able to express themselves collectively is not for nothing in our Constitution. Precisely to protect this right well, it is important that we prevent people from abusing the right to demonstrate by violating other laws. From that perspective, the cabinet is looking at possibilities for a ban on face-covering clothing.”

Minister Van Weel: “The small group of rioters who misuse demonstrations to be able to riot and vandalize must be punished for this. It is not normal to cover your face to escape unpunished from breaking the law. A ban on face-covering clothing helps in the detection of these lawbreakers.”

A legal ban requires an amendment to the Public Manifestations Act. Currently, the WODC is researching the right to demonstrate. The research may reveal points that could also lead to changes in the law. The results of the research are therefore awaited before a legislative process is started. This way, various changes can be implemented at once. The outcomes of this research are expected in the summer of 2025.

Consultation has taken place with mayors, police, and the Public Prosecution Service regarding a national ban. The concerns they have about the legislative proposal and its feasibility will be taken into account in the development.

Read here the letter to the parliament.