The Netherlands and the dilemma of freedom

The Netherlands finds itself grappling with a major dilemma regarding freedom of expression and the limits within which it should be exercised. The incident that has been causing a stir in local politics for days dates back to the third anniversary of 7 October, when a pro-Hamas and pro-Hezbollah demonstration took place in Dam Square, in the heart of Amsterdam – complete with flags and thought-provoking banners reading: ‘Who decides who is a terrorist?’. Around 150 demonstrators took part, mostly young people on motorbikes with their faces covered.

The mayor, Femke Halsema, a progressive, described the incident as “shocking and in very poor taste”, whilst adding, however, that no offence had been committed. The Minister for Justice and Security, on the other hand, accused the council of failing to take the necessary countermeasures. Yet the mayor’s statement is technically correct: as things stand, there is no law in the Netherlands making the glorification of terrorism illegal. For now, at least. The centre-right government has been working on this for several months, though it has not yet reached an agreement. Should such a measure come into force, displaying pro-Hamas placards – Hamas being considered a terrorist organisation in every sense of the word, even in the Netherlands – could soon carry a prison sentence of up to two years. In the meantime, however, the contradiction remains. And “establishing clearly what is permitted and what is not” – says the minister, regarding the right to protest – is a priority. So far, the usual line of tolerance has prevailed: every week, Amsterdam and The Hague see a succession of pickets and marches of varying sizes, of every shape and colour. Last September, for example, there was a pro-Israel demonstration in the very same square, and even then the mayor found herself at the centre of controversy – on that occasion from pro-Palestinian demonstrators. It should go without saying: it is one thing to wave the flag of a democratic country, quite another to celebrate terrorist organisations. Without adequate countermeasures, the home of free thought risks establishing the principle of condoning terrorism.