University Board revises house rules after advice from UU researchers
The Executive Board of Utrecht University (UU) is planning to revise the rules and responsibilities around demonstrations. These rules and responsibilities – previously known as the 'house rules for demonstrations at UU' – expand on the guideline around protests issued by Universities of The Netherlands (UNL). The update follows a recommendation from the Netherlands Institute of Human Rights (SIM), which was commissioned by the Executive Board at the request of the University Council.
The SIM advice highlights a key issue also recognized by the Executive Board over the past year: during protests in and around university buildings, various fundamental rights can sometimes come into conflict. In such cases, one right does not automatically outweigh the others. This means that the Executive Board must make decisions that take into account these different rights and responsibilities, such as the right to protest, the right to education and the university’s duty to ensure safety. According to the SIM, this requires careful consideration on a case-by-case basis, rather than through strict rules or bans.
Balancing rights and responsibilities
“It is our responsibility to provide space for protest whilst also safeguarding education and safety,” says Anton Pijpers, President of the Executive Board. “Although we have written rules outlining what is and is not permitted, in practice, we have consistently and carefully weighed rights and responsibilities during each protest. In several cases, we chose not to strictly enforce the rules to allow more room for peaceful demonstration. For example, by tolerating the multi-day protest in the University Library courtyard, as well as various blockades of the Administration Building and flyering activities on university grounds.”
Pijpers also acknowledges that the communication around such decisions —especially regarding the reasons behind certain security concerns— has not always been sufficiently clear. “We take the SIM advice (PDF) seriously and are reviewing our policies to better reflect our actual practice,” he adds.
Rules and responsibilities around occupations and follow-up process
The new rules and responsibilities explicitly address, among other things, the SIM advice around occupations. The previous policy contained an absolute ban on occupations, which, according to the SIM advice, did not adequately account for legal nuances. While the SIM confirms that occupations can, in some cases, be a legitimate form of protest, not every occupation needs to be allowed. Based on this advice, UU will continue to evaluate such actions case by case. Essential principles guiding this evaluation include:
- The primary process of teaching and research must not be seriously disrupted. After all: the university remains legally obligated to provide education and conduct research.
- Health and safety —of protesters and others— must be guaranteed at all times. Security personnel and emergency services must have unrestricted access to ensure fire safety and emergency exits.
- Violence, vandalism, discrimination, hate speech, or other criminal acts will not be tolerated.
UU will always (try to) engage with protesters regarding these rules and responsibilities. When the primary process is disrupted or safety of persons and/or property is at risk, the university will decide – case by case – whether intervention is necessary, and in what manner.
The Executive Board has submitted the revised rules and responsibilities (PDF, only accessible with Solis-id) to the University Council for advice.