4.21 On the basis of the above, the State party states that the Government complied
with its obligation under article 5 (a) and article 6 of the Convention to ensure that
the victims of racial discrimination have effective legal protection and where
necessary receive compensation for any damage suffered as a result of such
discrimination. The State party also concludes that it did not commit any violation of
the Convention in relation to the author.
Counsel's comments
5.1 Counsel notes that there are a number of inaccuracies in the State party's
submission, (1) which show that his case has not been looked into very carefully.
For instance, prior to his studies at the NPA the author lived in the Netherlands for
six years and not "many years", as the State party indicates. Moreover, the author
did not study at the School of Social Work; he studied medicine at the University of
Amsterdam from 1987 to 1990 and never worked as a teacher.
5.2 Counsel claims that being part of the group of ethnic minority NPA students who
did not need extra study facilities (Dutch lessons, for instance) did not protect the
author against racial discrimination. The exclusionary mechanisms at the NPA
remained intact despite the fact that the teaching staff were given the opportunity to
attend a training course in order to learn how to deal with students with different
cultural backgrounds.
5.3 The letter in response to the "Cry for immediate help" did not come from other
ethnic minority students (2) but from white students, and it transpired from it that
incidents which could be described as racist had taken place. The white students
called for dialogue in order to find a solution.
5.4 Although the Boekraad Committee concluded that there was no institutional
discrimination at the NPA it did state that discrimination occurred, and
recommended that the NPA institute a specific anti-discrimination code.
5.5 The author complains that the SAS Committee never looked into his case, despite
the fact that he was one of the signatories of the "Cry for immediate help". He does
not understand why the SAS Committee only investigated the cases of 9 students out
of the 21 signatories of the letter and expresses doubts about the independence of
the SAS Committee with respect to the Ministry of the Interior. He says that the
Secretary of the Committee was a staff member of the Police Directorate of the
Ministry of the Interior and that the Chairman had been a member of the Boekraad
Committee. The author claims that an independent investigation should have looked
into all aspects of the problem and not just the case of a few individuals. He also
expresses doubts about the independence of the NPA medico-social team, whose
members were all affiliated with the NPA. The team did not fully believe him when
he explained the reasons for his absence from the Academy. In fact, everything he
said was called into question. Further evidence of discrimination is the fact that the
dismissal from the NPA was communicated to him with only two days' notice,