A/HRC/44/57/Add.2
23.
By ratifying the Convention, the Government has agreed to adopt measures to
prohibit the dissemination of ideas based on racial superiority or hatred, incitement to racial
discrimination and acts of violence and incitement of such acts, and assistance to such
activities (art. 4). The Government has also committed itself to combating racial and ethnic
profiling, racialized stereotyping and any tendency to target, stigmatize, stereotype or
profile, on the basis of race, colour, descent and national or ethnic origin, members of “noncitizen” population groups, especially by politicians, officials, educators and the media, on
the Internet and other electronic communications networks and in society at large. 6
24.
Moreover, the Government must adopt immediate and effective measures,
particularly in the fields of teaching, education, culture and information, with a view to
combating racial discrimination and to promoting understanding, tolerance and friendship
among nations and racial or ethnical groups (art. 7).
C.
Domestic laws and policies
25.
The Government of the Netherlands has enshrined its commitment to human rights,
equality and non-discrimination in the Constitutions of each of its four constituent
countries. Article 1 of the Constitution of the Netherlands prohibits discrimination on the
basis of race, political opinion, sex, religion or any other grounds. Article 1 of the
Constitution of Aruba, article 3 of the Constitution of Curaçao and article 16 of the
Constitution of Sint Maarten similarly prohibit discrimination on numerous grounds and
enshrine the principle of equality.
26.
The Netherlands has adopted multiple laws and action plans intended to implement
its human rights law obligations and bolster its efforts to combat racial discrimination. The
Equal Treatment Act, which was adopted in 1994 and amended in 2004, implements article
1 of the Netherlands Constitution by prohibiting both direct and indirect forms of racial
discrimination on the basis of religion, belief, political opinion, nationality, race, sex,
sexual orientation or civil status. In its submissions to the Committee on the Elimination of
Racial Discrimination, the Netherlands has explained that references to race in its
Constitution, Criminal Code and equal treatment legislation should be understood in
accordance with the essence of the enumeration in article 1 of the Convention, which refers
to colour, descent and national or ethnic origin, as well as “race”.7
27.
Article 137 of the Netherlands Criminal Code criminalizes racist insults, incitement
to racial hatred or discrimination against persons or their property, the dissemination of
racist materials, the participation in or provision of financial assistance to activities that aim
to discriminate on the basis of race and racial discrimination committed in the exercise of
one’s public office, profession or trade.
28.
The Netherlands also has adopted laws that require equal treatment irrespective of
disability, chronic illness, age, sex and gender identity.
29.
The Municipal Anti-Discrimination Services Act establishes local antidiscrimination offices to combat racial discrimination. 8 These offices provide free advice to
victims of racial discrimination, report racist incidents and support the Public Prosecutor
Service in investigations of racist offences. 9
30.
The national action plan against discrimination is the cornerstone of the
Government’s efforts to ensure rights to equality and non-discrimination. It works in
conjunction with the labour market anti-discrimination action plan and the pregnancy antidiscrimination action plan. The Special Rapporteur was pleased to see that the Netherlands
6
7
8
9
6
Ibid., general recommendation No. 30 (2004) on discrimination against non-citizens, paras. 9–10 and
12.
CERD/C/NLD/22-24, para. 14.
See www.coe.int/t/commissioner/Activities/GoodPractices/Netherlands_
antidiscriminationservices.pdf.
See www.coe.int/t/commissioner/Activities/GoodPractices/Netherlands_
antidiscriminationservices.pdf.