Rioters 'acting under guise of free speech' can be preventively excluded from demonstrations

Rioters 'acting under guise of free speech' can be preventively excluded from demonstrations
Credit: Belga / Thomas Michiels

It seems far in the past now when riots were regularly breaking out on the fringes of anti-Covid-19 demonstrations in Brussels, wreaking havoc across the city. To prevent this from happening again in future protests, mayors can now impose preventive bans on people.

The new circular by Home Affairs Minister Annelies Verlinden hopes to meet the demand of many local authorities to be able to preventively exclude these troublemakers from demonstrations in the future.

"I do not wish to infringe on the right to free expression in any way. However, we cannot accept that some people, under the guise of free speech, cause damage to the public domain or private property and injure people," she said.

With this new measure, mayors are given an instrument at their disposal to exclude these people from demonstrating on their territory to deter rioters and reduce demonstrations to "what they are really about: peacefully expressing an opinion."

Aimed at those with bad intentions

Verlinden pointed to the images of demonstrations that turned into fighting on the streets and attacks on police officers, which she said are "etched in our minds."

Aside from people and first-line workers becoming injured, streets were damaged and shops were destroyed. "The call for legal action was loud. But prevention is better than cure," Verlinden stated.

Riots during a protest on 21 November in Brussels. Credit: Zeb Marichal/ Stamp Media

The measure is supposedly aimed at people with bad intentions, and for a well-defined period, to maintain public order during a planned demonstration. Importantly, the ban must be motivated on the basis of concrete indications showing that a person intends to cause harm during the protest.

Meanwhile, a mayor can only impose such a ban on an individual for demonstrations that take place on their own territory. "If a demonstration takes place on the territory of several cities or municipalities, each mayor must therefore impose a ban if necessary."

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Essentially, Verlinden noted, the demonstration prohibition aims to "maintain public order and safeguard the rights of citizens who wish to demonstrate peacefully." Therefore, the decision must also showcase that the demonstration prohibition is useful, necessary and proportionate.

This new measure will be included in the General National Database (ANG) of the police, allowing officers to immediately check whether the ban is in place and to arrest people who flunk the rule and still attend. They can be sanctioned with a municipal administrative penalty (GAS fine).


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