WILLEMSTAD - The right to protest is a democratic and fundamental right related to freedom of expression. Both rights are enshrined in our Constitution and other laws of our country, as well as in international treaties.
Demonstration is a form of peaceful protest through which a group of people express their views and / or dissatisfaction with certain specific matters. Through the protest they demonstrate that there are a number of people in the community who share the same thoughts and who support the motives of the demonstration.
The right to demonstrate is enshrined in Article 11 of our Constitution. The Explanatory Memorandum (EM) of these Regulations indicates that the right to demonstrate is a fundamental right. This means that a demonstration cannot simply be prohibited.
The government, in turn, must guarantee the safety of both the demonstrators themselves during the peaceful demonstration and of other citizens not participating in the demonstration. Based on the fact that the EM allows government to provide instructions, a permit must be requested from the appropriate authority to hold certain types of demonstrations. The MvT also indicates that this right can be limited by the government when this right is used for committing criminal acts. So a demonstration should not go against public order, peace and security, or the protection of our community. An example of this is that when demonstrators wish to use the public road for their demonstration, a permit (Article 6 LOO) must be requested in advance to be allowed to do so. On Curaçao, the laws for the protection of public order, peace, safety, and protection of the community are laid down in the National Ordinance Public Order (LOO), which is a national regulation.
Curaçao is also bound by international treaties that enshrine the right to demonstrate. These treaties are ECHR (European Convention on Human Rights) and IVBPR (International Covenant on Civil and Political Rights), to be more specific Article 11 of the ECHR and Article 21 of the IVBPR.
When a demonstration changes in nature and becomes one with a violent tendency or disrupts public order, the government has a duty to maintain public order to protect both demonstration participants and the general public. This governmental duty gives the police the right and obligation to take action against persons guilty of any criminal act.
By means of this communication, the Ministry of Justice emphasizes that the Curaçao government respects and supports the fundamental right to peaceful demonstration enshrined in our Constitution. For this reason, the Government will always continue to offer space to demonstrate peacefully. However, the Government also adheres to its obligation to maintain public order and can therefore apply certain restrictions based on our laws. Regardless of the demonstration involved, protesters should always follow directions from the police. When a disturbance of public order occurs, the police must restore it as soon as possible.
