A/HRC/43/48/Add.1
Christian heritage, are increasingly being referenced in public policy debates and are often
used to implicitly define behavioural norms. In this context, Islam and “Dutchness” or the
“Western European way of life” are commonly characterized as being incompatible. 38 Calls
from political parties, for example, for Muslims to recognize and assimilate into the
dominant Dutch or European culture are not uncommon. 39 Discourse that fails to recognize
and respect existing and emerging religious diversity in Dutch society risks further
polarizing communities and reduces confidence in the capacity and resolve of the country’s
institutions to combat and address discrimination and to respect and protect the right to
freedom of religion or belief.
38.
Dutch values are increasingly intertwined with a secular narrative that seeks to
reject “undesirable” religious practice.40 Jewish and Muslim groups reported, for example,
growing concerns about attempts in the parliament to ban ritual slaughter. A 2011 bill led
by the Party for the Animals, proposing a ban on slaughter without anaesthesia – in practice
prohibiting halal and kosher slaughter processes – was overwhelmingly passed by the lower
house, but rejected in the Senate.41 Subsequently, amendments to a 2012 covenant between
Jewish and Muslim organizations and the Government was made in July 2017, establishing
that ritual slaughter is allowed insofar as it is “necessary to meet and does not exceed the
actual needs of the communities in the Netherlands”. 42 Despite this and a recommendation
from the Council of State, the highest administrative court, that banning ritual slaughter
would mean a “radical restriction” on freedom of religion or belief, 43 the Party for the
Animals has tabled a new bill ready for consideration from autumn 2019. 44 With
widespread support in society for a ban and a precedent established in Belgium, religious
communities fear that a ban is inevitable. Further to this, Jewish leaders are also concerned
that increased calls to regulate Jewish circumcisers, some of whom are not recognized
medical caregivers, 45 and ongoing calls to ban the practice of circumcision will lead to
further restrictions. Some members of Jewish communities fear that the adoption of such
restrictive measures would force them to leave the Netherlands.
39.
Concerns were also reported about several draft laws and policies that appear to
target certain religious and belief communities. This includes draft legislation arising from
the 2017 coalition agreement which attempts to limit funding from “unfree countries” used
to “buy undesirable influence” and “abuse Dutch liberties”. A transparency law may also
require all organizations to declare income amounts and their country of origin, which some
kerkgenootschappen and other organizations are concerned will deter funders. Discussions
are under way on drafting an additional “funding from unfree countries” law in 2019, which
might further prohibit Dutch civil society organizations from obtaining funding from
specific countries, including those countries that prohibit Dutch funding. A “problematic
behaviour bill”, which would seek to limit so-called undesirable acts stemming from
religiously or ideologically motivated behaviour deemed contrary to Dutch values and the
rule of law, is also under consideration. Definitions in these acts and proposed government
responses have not yet been developed.
40.
Many organizations worry that these bills are being drafted within the context of
increasing discrimination against Muslims and that some aspects of freedom of religion or
belief are being undermined. The Special Rapporteur asserts that all measures being
pursued by the Government must be fully compliant with international law and the
Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on
Religion or Belief, including provisions for religious groups to maintain charitable and
humanitarian institutions, and the obligation not to discriminate in intent or in effect against
38
39
40
41
42
43
44
45
Koen Damhuis, “The biggest problem in the Netherlands: understanding the Party for Freedom’s
politicization of Islam”, The One Percent Problem: Muslims in the West and the Rise of the New
Populists (Brookings Institution report, 24 July 2019).
European Commission against Racism and Intolerance, “ECRI report on the Netherlands”
(Strasbourg, Council of Europe, 2019).
Mansvelt Beck, How we do things here.
See www.partijvoordedieren.nl/standpunten/onverdoofd-ritueel-slachten.
Addendum bij het convenant onbedwelmd slachten volgens religieuze riten.
See www.nd.nl/nieuws/nederland/raad-van-state-noemt-verbod-op-ritueel-slachten.3377602.lynkx.
See www.partijvoordedieren.nl/nieuws/wetsvoorstel-verbod-op-onverdoofd-slachten-naar-kamer.
See https://nos.nl/nieuwsuur/artikel/2286939-niet-artsen-besnijden-jongens-tegen-de-wet-in.html.
11