The Committee on the Elimination of Racial Discrimination today concluded its consideration of the combined twenty-second to twenty-fourth periodic report of the Kingdom of the Netherlands during which its Experts raised questions about the national framework for tackling racial discrimination, instances of racial profiling committed by police officers, and the Dutch colonial legacy and its role in the trans-Atlantic slave trade, among others.
Committee Experts noted the Netherlands’ formal commitment to racial equality; however, modern Dutch society could not be considered inherently inclusive, due to the fractured nature of Dutch national identity and belonging. Formal equality did not equate to material equality. As a result, the Committee Experts asked the delegation about the national framework for tackling discrimination and the allegations that the constitutional framework created a lopsided imbalance between citizens along racial lines leading to discrimination. How did the State party ensure that persons living in Aruba, Curaçao, Sint Maarten, Bonaire, St Eustatius and Saba were adequately represented, enjoyed sufficient autonomy and were able to take part in decision making?
Racial profiling was a common practice of Dutch police during traffic control, border stops and identity checks, Committee Experts said. Minority communities felt over-policed and under-served. They asked if there was a complaint mechanism for victims of racial profiling?
Was the Netherlands committed to amending the charter to finalise decolonisation of territories in Antilles in accordance with international law, and was it committed to providing monetary and other reparations to these islands as a result of violations committed during the colonial period? Committee Experts said the colonial history and the legacy of the Dutch role in the slave trade was not lodged with the past; people were living with these legacies now.
Responding to these questions and comments, the delegation of the Netherlands noted that the legal definition of discrimination derived from, and was in full conformity with, article 1 of the Convention. The public prosecution had discrimination guidelines concerning, for instance, offences such as assault when it was committed with a discriminatory motive. A penalty increase of up to 100 per cent was available to the prosecution in these cases. Municipal anti-discrimination services did not have a supervisory body because the supervision was conducted by provinces. This was not always effective, which was the reason a different system was being considered.
Racial profiling must be prevented, the delegation said. Police took measures against this in policy, such as the multi-annual 2016 Power of Difference programme. One priority was the operational framework for proactive police checks, describing the way that police should interact with members of the public. The existing MEOS app only made information available to policemen in the street, rather than creating new data; apps were designed to specifically avoid racial profiling. In Sint Maarten, learning about profiling was a key component of the training of law enforcement officials in the country.
The statutes governing the relationship between the Netherlands and the other parts of the Kingdom were not up for reform, the delegation said. The Prime Minister of the Netherlands had decided not to apologise for the Dutch role in the trans-Atlantic slave trade, expressing regret instead. A new Government may decide differently. Some internal Dutch regions were examining their particular roles in the slave trade and ways they could confront this. The advisory board of the dialogue on slavery had recommended a parliamentary act recognising the crime of slave trade, but this would have to be decided by a new Government.
Carsten Herstel, Director General for Social Security and Integration at the Ministry of Social Affairs and Employment of the Netherlands, noted that the Netherlands had a highly diverse society, with differences between groups with and without a migration background decreasing. At the same time discrimination and exclusion were a hard reality and a source of injustice and inequality in the lives of many. At the request of the Government, an advisory committee on dialogue concerning slavery had delivered a report on the Netherlands’ slavery past and its continuing impact on contemporary society. The focus of the Dutch Government was not only on the European part of the Netherlands, but also on its Caribbean parts: the islands of Bonaire, Saba and Statia, where in 2019 the Government had adopted a social minimum benchmark, giving direction to national and local governments to combat poverty and improve people’s lives.
Olivia Trimon-Croes, Deputy Director, Department of Foreign Affairs of Aruba, noted that while Aruba was a small country within the Kingdom of the Netherlands, historically, the Aruban society had been formed by the combination of migration waves from all over the world, which had resulted in the contemporary diverse community.
Joëlle de Jong-Mercelina, Policy Director at the Ministry of Justice of Curaçao, stated that the Government was committed to promoting inclusion, including via a national platform for the International Decade for People of African Descent, consisting of both governmental organizations and civil society, which had organised several activities relating to the Decade. The celebration of Sinterklaas and Black Pete caused pain to African descendants and the Government had stopped subsidising it.
Patrice Gumbs, Interim Director, Department of Foreign Relations of Sint Maarten, highlighted that in honour of the International Decade for People of African Descent, the Government had undertaken several initiatives, including submitting documentation commemorating the route to freedom of enslaved African persons to the United Nations Educational, Scientific and Cultural Organization’s Memory of the World Committee documentation, and cosponsoring exhibits of art and poetry celebrating the links between African and Caribbean culture.
In his concluding remarks, Silvio Albuquerque, Committee Member and Country Rapporteur for the Netherlands, expressed his gratitude to members of the delegation for their participation. He noted that racism and awareness of racism were related, but distinct.
Carsten Herstel, Director General for Social Security and Integration at the Ministry of Social Affairs and Employment of the Netherlands, welcomed the mirror that this discussion held up to the Netherlands, reiterating the tipping point that it was facing in relation to racism.
Li Yanduan, Chair of the Committee on the Elimination of the Racial Discrimination, thanked the delegation for their participation.
The delegation of the Netherlands consisted of representatives of the Ministry of Social Affairs and Employment, Ministry of Interior and Kingdom Relations, Ministry of Education, Culture and Science, Ministry of Justice and Security, and the Ministry of Social Affairs and Employment.
The delegation of Aruba consisted of representatives of the Department of Foreign Affairs of Aruba, Department of Social Affairs and Department of Education.
The delegation of Curaçao consisted of representatives of the Ministry of Justice, and the Directorate of Foreign Relations.
The delegation of Sint Maarten consisted of a representative of the Department of Foreign Relations.
Documents relating to the Committee’s work, including reports submitted by States parties, are available on the session’s webpage.
The webcast of the public meetings of the Committee can be found here.
The Committee will next meet in public on Wednesday, 25 August at 5 p.m. to close its one hundred and fourth session.
Report
The Committee has before it the combined twenty-second to twenty-fourth periodic report of the Netherlands (CERD/C/NLD/22-24).
Presentation of the Report
CARSTEN HERSTEL, Director General for Social Security and Integration at the Ministry of Social Affairs and Employment of the Netherlands, noted that the Netherlands had a highly diverse society, with differences between groups with and without a migration background decreasing. At the same time, discrimination and exclusion were a hard reality and a source of injustice and inequality in the lives of many. The Black Lives Matter demonstrations in 2020, the calls for change coming from parliament and society, and the report by the Parliamentary Committee on Childcare Benefit entitled ‘Unprecedented Injustice’, had brought the country to a tipping point. The United Nations Special Rapporteur on racism had seen and praised the statutory framework and the dedication with which social equality was pursued in the Netherlands. Mr. Herstel said that the country’s laws, policies and dedication were not always sufficient. This was why the Netherlands would be appointing a National Anti-discrimination and Anti-racism Coordinator.
The Government aimed to prevent and combat discrimination on all legally recognised grounds and had increased its focus on intersecting forms of discrimination that people experienced. Specific manifestations of discrimination on the grounds of origin, skin colour and religion, anti-Muslim discrimination,
Anti-Semitism, and discrimination against Roma, Sinti and Travellers, were a focus. The United Nations Decade for People of African Descent had heightened attention to anti-black racism. At the request of the Government, an advisory committee on dialogue concerning slavery had delivered a report on the Netherlands’ slavery past and its continuing impact on contemporary society. The focus of the Dutch Government was not only on the European part of the Netherlands, but also on its Caribbean parts: the islands of Bonaire, Saba and Statia, where in 2019 the Government had adopted a social minimum benchmark, giving direction to national and local governments to combat poverty and improve people’s lives.
OLIVIA TRIMON-CROES, Deputy Director, Department of Foreign Affairs of Aruba, noted that while Aruba was a small country within the Kingdom of the Netherlands, historically, the Aruban society had been formed by the combination of migration waves from all over the world, which had resulted in the contemporary diverse community. About a third of the Aruban population had a migration background from no less than 133 different countries of origin. An important factor contributing to the integration in society was the language of Papiamento, the most spoken language at home. Along with Dutch, it was an official language. The Department of Culture in Aruba, in cooperation with stakeholders, promoted Papiamento through literature and other forms of expression, especially for children and youngsters. COVID-19 presented many challenges; the Government had introduced emergency relief programmes and started a successful vaccination programme for all, regardless of migration status.
JOËLLE DE JONG-MERCELINA, Policy Director, Ministry of Justice of Curaçao, stated that racial discrimination was not tolerated in Curaçao. Both Curaçao’s Constitution and the Criminal Code prohibited discrimination. The Constitution stated that all persons must be treated equally in similar circumstances. Complaints of racial discrimination could be lodged with the Public Prosecutor’s Office and the Office of the Ombudsman, with only one case filed in the past five years. The Government was committed to promoting inclusion, including via a national platform for the International Decade for People of African Descent, consisting of both governmental organizations and civil society, which had organised several activities relating to the Decade. The celebration of Sinterklaas and Black Pete caused pain to African descendants and the Government had stopped subsidising it. Apart from the COVID-19 pandemic, the Government had also been recently dealing with the socio-economic impact of the influx of migrants from Venezuela.
PATRICE GUMBS, Interim Director, Department of Foreign Relations of Sint Maarten, highlighted that with an estimated population of 65,000 people and over 117 different nationalities, Sint Maarten was a 16 square-mile, ethnically diverse part of Saint Martin, a 37 square-mile island which was an overseas collectivity of France. The different racial, ethnic, and national groups were encouraged to partake in national parades and manifestations to highlight and dignify the multifaceted Sint Maarten identity. In honour of the International Decade for People of African Descent, the Government had undertaken several initiatives, including submitting documentation commemorating the route to freedom of enslaved African persons to the United Nations Educational, Scientific and Cultural Organization’s Memory of the World Committee documentation, and cosponsoring exhibits of art and poetry celebrating the links between African and Caribbean culture. Hurricanes Irma and Maria in 2017 as well as the COVID-19 pandemic had severely impacted the socio-economic fabric of Sint Maarten.
Questions by the Country Rapporteur, Members of the Taskforce for the Netherlands, and the Rapporteur for Follow-up
SILVIO ALBUQUERQUE, Committee Member and Country Rapporteur for the Netherlands, noted the Netherlands’ formal commitment to racial equality. However, modern Dutch society could not be considered inherently inclusive, due to the fractured nature of Dutch national identity and belonging. Formal equality did not equate to material equality.
Regarding the national framework for tackling discrimination, had the State incorporated the legal definition of racial discrimination on all grounds in full compliance with article 1 of the Convention? One of the reasons for discrimination of Caribbean citizens was in the constitutional framework that created a lopsided imbalance between citizens along racial lines – could the State party respond to these allegations? Anti-discrimination bureaus did not exist outside of the European territories – why was this the case? Information on hate speech incidents, including racially motivated incidents, as well as any measures taken to combat them, was requested.
Mr. Albuquerque asked for a comment on the fact that since the beginning of the pandemic, Dutch media had been portraying ethnic minorities as more likely to be infected with COVID-19, despite no disaggregated data existing on this issue.
Football in Europe struggled with racist incidents on the pitch, stands and social media, with footballers of African descent often being the victims. Were any measures being taken to redress this situation?
School curricula were creating potential for racism due to a lack of focus on colonialism, racism and anti-Semitism. How was the Kingdom improving this situation?
The Special Rapporteur on contemporary forms of racism had stated that racial profiling was a common practice of Dutch police during traffic control, border stops and identity checks. Minority communities felt over-policed and under-served. Was there a complaint mechanism for victims of racial profiling?
VERENE SHEPHERD, Committee Member and Member of the Task Force for the Netherlands, asked about the national framework for tackling discrimination – how did the State party ensure that persons living in Aruba, Curaçao, Sint Maarten, Bonaire, St Eustatius and Saba were adequately represented, enjoyed sufficient autonomy and were able to take part in decision making?
What was being done about artefacts removed during the Dutch colonial period and transferred to the Netherlands, for example bones transferred from St Eustatius? Was there a seamless transition for students moving between schools in the Caribbean and the mainland, and vice versa?