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representatives focusing on lesbian, gay, bisexual, transgender and intersex issues have
expressed their commitment to taking an intersectional approach through which they strive
to ensure a meaningful accounting for the needs and experiences of lesbian, gay, bisexual,
transgender and intersex persons belonging to racial, ethnic and religious minority
communities.
91.
In consultations, it has been suggested that a number of areas require urgent
improvement, however, including in the adjudication of asylum claims. Advocates spoke
with the Special Rapporteur of their concerns that asylum officers and adjudicators
reinforce racial and religious stereotypes. Some asylum officers and adjudicators reportedly
conceived of Islam as so fundamentally incompatible with lesbian, gay, bisexual,
transgender or intersex status that they tended to consider asylum seekers who identified as
both devout Muslims and as lesbian, gay, bisexual, transgender or intersex as not credible.
Advocates cited additional examples of asylum officers and adjudicators interrogating
asylum-seeking lesbian, gay, bisexual, transgender and intersex persons from Muslimmajority countries on their intimate sexual practices. Asylum officers and adjudicators have
reportedly challenged such individuals to prove their sexual orientation, gender identity or
gender expression according to Western European sensibilities or according to stereotypes
about lesbian, gay, bisexual, transgender and intersex persons in Muslim-majority
countries.
92.
In a positive development, the Immigration and Naturalization Service has
introduced instructions for determining and hearing asylum cases involving lesbian, gay,
bisexual, transgender and intersex persons. The Special Rapporteur has learned that the
instructions outline special trainings for Immigration and Naturalization Service staff
interviewing lesbian, gay, bisexual, transgender and intersex asylum seekers and strengthen
the Service’s capacity to investigate discrimination against such persons. The Special
Rapporteur urges the Government to build on these efforts and to bridge the gaps remaining
between the instructions and existing safeguards for lesbian, gay, bisexual, transgender and
intersex asylum seekers.
93.
The Netherlands has made great strides to promote gender equality. Consultations
held by the Special Rapporteur with national and local authorities highlighted initiatives to
take into account intersectionality where women with a migration background faced
complex forms of discrimination. Advocates, however, highlighted the need for the
Government to deploy a more rigorous intersectional approach to gender equality. Racial
and ethnic minority women reported being unable to avail themselves of some gender
equality protections, noting that those protections were designed and/or implemented in
ways that excluded women on account of their ethnicity, national origin or religion.
94.
The Special Rapporteur did not receive submissions addressing the circumstances of
racial and ethnic minorities with disabilities. She notes, however, that disability status was
the most frequent basis for anti-discrimination complaints received by the Netherlands
Institute for Human Rights in 2018. As a result, the Government should ensure that antidiscrimination measures for peoples with disabilities also address the racial and ethnic
stereotypes to which minority persons with disabilities are subject.
V. Recommendations
95.
The Special Rapporteur lists below several categories of recommendations for
the Government of the Netherlands. Adopting these recommendations should better
position the Government to realize its human rights obligations to achieve racial
equality and eradicate discrimination.
96.
In respect of political will, and as an overarching matter, the Special
Rapporteur calls on the Government to demonstrate further leadership in the pursuit
of racial equality and non-discrimination. The Government must consider racial and
ethnic equality and non-discrimination a policy priority. To protect the rights of racial
and ethnic minorities and to ensure their equality with their white counterparts, the
Government must invest sufficient resources and provide technical guidance at all
levels.
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