Police use water cannons on climate activists; new report reveals surveillance of protesters

Freedom of peaceful assembly

Investigative journalists reveal that police are collecting personal data on protesters and their families

In March 2023, an investigation by the investigative platform Investico in collaboration with De Groene Amsterdammer and Trouw revealed that the Dutch police systematically collect the personal data of protesters, including their address, citizen service number (BSN) and date of birth. In addition, the police also collect the data of the parents and children of prominent protesters, even in cases where neither these activists nor their family members have ever been arrested or convicted.

The police can obtain this information from the Personal Records Database (BRP), which contains information about every resident of the Netherlands. Since 2021, citizens can request an overview of the data exchange between the police and the BRP from the municipal authorities, which shows when and how often the police have accessed their personal data, for example by searching or opening an existing file. Investico gained access to 67 of these overviews in collaboration with activists, mainly from the anti-racism and climate movements, but also those who protested against COVID-19 restrictions and anti-fascist demonstrators.

The overviews show that the data of some of those affected have been requested much more frequently since they took part in protests. Prior to these individuals appearing publicly at a protest, their data was only retrieved if, for example, they received traffic citations or if they filed a complaint themselves. After taking part in demonstrations, however, the number of police queries for their data increased dramatically. For example, the data of Michel Reijinga, who organised banned protests against COVID-19 measures (reported on in a previous CIVICUS Monitor update), was accessed more than 1,400 times in two years.

The police have asserted that data collection can be conducted for “very general” purposes, such as maintaining law and order. They mentioned that data on family members could be requested if the protesters had previously been involved in serious public disorder. However, Investico's investigation revealed that out of the 67 demonstrators, ten had never been arrested, and for seven of them, the police retrieved their data from the BRP database more than fifty times. Moreover, family members of activists who had never been convicted of a criminal offence were also subjected to data collection.

New report details surveillance of protesters through unlawful ID checks

On 31st May 2023, Amnesty International Netherlands published a report showing that the widespread unlawful surveillance of peaceful protesters in the country undermines the right to privacy and restricts the right to peaceful assembly. The report, entitled “Unchecked power: ID checks and collection of data from peaceful protesters in the Netherlands”, claims that police surveillance methods in the Netherlands lack adequate oversight and do not comply with national laws and international human rights standards.

The report identifies a range of methods used by police to identify and monitor protesters, including social media monitoring, the use of drones at protests and unannounced home visits, but places a particular emphasis on unlawful ID checks as a form of surveillance. The report claims that by routinely requiring peaceful protesters to produce their identification documents, police violate privacy rights, which produces a chilling effect on the freedom of peaceful assembly. The report also highlights the potential for arbitrary and discriminatory exercise of power, including ethnic profiling. The research, conducted between September 2020 and November 2022, included interviews with 50 protesters and found a widespread pattern of intimidating police actions.

Furthermore, the report notes that the police are not complying with the 2003 law on compulsory identification, which only allows ID checks if they are necessary for the fulfilment of the officer's duties. The report calls on the police to shift their focus to facilitating assemblies and urges the authorities to take action to end the unlawful surveillance of peaceful protesters.

Thousands arrested, water cannons deployed as climate activists continue motorway blockade

In March and May, the climate group Extinction Rebellion continued to hold blockades on the A12 motorway in The Hague to protest against the impact of fossil fuel subsidies on the economy and the environment. The police broke up the protests with water cannons and arrested more than 2,000 demonstrators at two protests.

At a demonstration on 11th March, around 700 people were arrested for blocking the motorway. After a sit-in blockade lasting several hours, the police forcibly dispersed the demonstrators. According to a police spokesperson, water cannons were used to “ensure the safety of police and emergency services” and to “peacefully discourage the activists from staying there.” The police also claimed that the activists were provided with dry clothes when they arrived at the police station. However, a spokesperson for Extinction Rebellion denied this, stating that the police did not offer a change of clothes and that many were forced to stay in wet clothes after they were sprayed by the water cannon. The same source claimed that several activists suffered from hypothermia due to these conditions. According to media reports, at least four people felt unwell during the protest and required medical treatment.

On 27th May, another blockade of the A12 occurred, resulting in the arrest of over 1,500 climate activists out of approximately 3,000 participants. The police used water cannons for several hours before clearing the road with police vehicles. The protesters gathered despite authorities denying permission to block the motorway, and the police violently dispersed the protest when those present failed to comply with requests to vacate the road. According to the police, a total of 1,579 people were arrested, with 40 facing charges, including vandalism.

French President’s visit to the Netherlands met with protests, two detained

In April 2023, French President Emmanuel Macron's state visit to the Netherlands was met with resistance from demonstrators who disrupted his speeches and unveiled banners criticising Macron's alleged hypocrisy and response to the extensive protests against the pension reform in France.

On 11th April, during Macron's keynote address at the Nexus Institute in The Hague, one protester interrupted his speech and shouted: “Where is French democracy?” Others in the audience spoke out against the pension law and climate change, while one protester unfurled a banner that read: “President of violence and hypocrisy.” According to media reports, the protesters were then removed from the auditorium by security staff.

The following day, Macron's visit to the University of Amsterdam was also characterised by protests and controversy. Video footage from the event shows security violently tackling a man running towards the entrance of the university building as Macron gets out of his limousine. The man continued to chant “For the honour of workers and a better world, even if Macron doesn't like it, we are here” while being detained. According to an Amsterdam police spokesperson, two protesters, a man and a woman, were arrested for “disturbing public order and threatening” because they had run towards the president. Another small group of protesters were present in front of the university, but it is unclear whether they are connected to the two people arrested. According to media reports, around 40 people protested as Macron left the university's science faculty.

Freedom of expression

Press freedom watchdog warns of restrictions on reporting on climate protests

On 7th February, the Committee to Protect Journalists (CPJ) issued a statement in which it drew attention to the challenges faced by journalists in the Netherlands when reporting on climate protests. As previously reported by the CIVICUS Monitor, activists from the climate group Extinction Rebellion have been organising blockades of the A12 motorway in The Hague, demanding an end to government tax breaks for fossil fuel companies. According to press reports and testimonies from journalists in contact with the CPJ, the Dutch police arrested two journalists while covering the climate protests and forcibly removed another. In the statement, CPJ’s Europe Representative Attila Mong called for an immediate and transparent investigation into the arrests and removals of journalists during the recent climate protests.

On 21st January, police arrested Sara Berkeljon, a reporter for the daily de Volkskrant, and Renate Beense, a photographer for the same newspaper, while they were reporting on climate activists preparing a blockade of the A12. Although the journalists were wearing press vests, they were arrested together with the activists and fined EUR 129 (USD 140) for “using the motorway other than with a motor vehicle.” The two were released after a few hours in custody. Berkeljon has stated that her newspaper would appeal against the fine.

On 28th January, police approached Jesper Peeters, a freelance photojournalist working for various Dutch media outlets, while he was photographing climate activists occupying the A12. Despite wearing a press vest and carrying two cameras, Peeters was asked to identify himself and present a “riot card.” Police forcibly escorted Peeters from the protest site and warned him against returning. According to the CPJ, Peeters is planning to file a complaint about the event.