Since 2010 squating is forbidden and a criminal offence in the Netherlands. Squaters fought to at least get the chance to receive a notification of a planned a eviction and to have the right to apply for a ruling by the judge. This is possible now (unless there is a speed eviction) but is is mostly symbolic and practical (delay your eviction with 5 to 8 weeks), cause not one case has been successful for squaters, as the criminal offence factor together with the interest of the owner of the building always prevailed. Till today!
The group We Are Here has been fighting for:
- shelter
- right to education
- right to work
- a different asylum procedure in which the burden of proof laid upon the applicant is not so unfeasible.
Many human rights organisations supported their struggle by stating that at least food, shelter and clothing should be guaranteed (Amnesty International, HRW, UN special rapporteurs and the ECSR). After a long battle the city of Amsterdam decided, last December, to start a nightshelter. Lights out at eleven, on the street 8 o'clock in the morning. No place to go to the toilet or to have a hot drink (without paying money), no matter if it's raining, cold or if you are sick.
The refugees decided that they then better keep on squating. And today a judge agreed with them.
We Are Here keeps on fighting to be heard and maybe a serious solution can be offered before May 1st.
Pressrelease 20-2-2015:
Today the judge gave her verdict in the courtcase against the eviction of the Vluchtgarage: the judge considers it inhumane to force the refugees of We Are Here to stay in the street during the day and postpones the eviction of the Vluchtgarage until may 1st.
This afternoon the judge in Amsterdam gave the judgement in the lawsuit of the refugees of We Are Here against the state and the city of Amsterdam against the eviction of the vluchtgarage.
The judge recognizes that it is inhumane in the winter to let the refugees roam the streets during the day. Since the city only offers Nightshelter, the refugees have no place to go during the day. The judge considers the situation of the refugees hopeless, because they have no right to social security and 'return to their own country often is problematic'.
Thus the judge orders the state and the city of Amsterdam to postpone the eviction until 1 may 2015. The judge considers 'that the interest of the squatters, for the time being, is bigger than the interest of the state/the city of Amsterdam in evicting the parkinggarage. De judge honors the demand of the refugees in so far, that it will be forbidden to the state until 1 may 2015 to evacuate the parkinggarage Kralenbeek 100 in Amsterdam'.