A/HRC/43/48/Add.1
Human Rights). 1 In July 2019, following its review of the fifth periodic report of the
Netherlands, the Human Rights Committee made several recommendations aimed at
addressing its concerns that the country’s partial ban on face-covering clothing might
restrict rights beyond the level of necessity and proportionality and about the persistent hate
speech being used against ethnic and religious minorities (CCPR/C/NLD/CO/5). In their
concluding observations, adopted between 2015 and 2017, the Committee on the
Elimination of Racial Discrimination (CERD/C/NLD/CO/19-21), the Committee on the
Elimination of Discrimination against Women (CEDAW/C/NLD/CO/6) and the Committee
on Economic, Social and Cultural Rights (E/C.12/NLD/CO/6) raised concern about
xenophobic speech and discriminatory stereotypes in politics and the media, especially
towards Jews, Muslims and, more broadly, women; migration and integration policy and
services; employment discrimination, especially against women; reporting of discrimination;
civil society engagement; police profiling; and the insufficiency of educational and other
concrete measures for tackling the root causes of discrimination, including in the National
Human Rights Action Plan.
6.
Further to this, recent cases reported to the Human Rights Committee under the
Optional Protocol to the International Covenant on Civil and Political Rights raise serious
concern
about
the
treatment
of
asylum
seekers,
including
children
(CCPR/C/125/D/2489/2014), and acts of incitement to hatred towards Moroccan Muslims
that
were
promoted
by
political
actors
and
government
officials
(CCPR/C/117/D/2124/2011).
7.
The Netherlands extended a standing invitation to the Human Rights Council special
procedure mandate holders in 1998 and seven mandate holders have visited the country
since then. In October 2019, the Special Rapporteur on contemporary forms of racism,
racial discrimination, xenophobia and related intolerance found evidence that Dutch
national identity was implicitly or even explicitly restricted or qualified on ethnic and
religious bases, and that Islam was repeatedly represented as inherently opposed to Dutch
national identity and even to liberal democracy. She noted that there was a very real danger
that insisting that the Dutch vision of equality and inclusiveness was already a fact when it
was not could stand in the way of doing the very difficult work that was required to
transform commitments into reality. 2 In July 2014, the Working Group of Experts on
People of African Descent expressed particular concern about incidents of racist and
xenophobic speech emanating from a few extremist political parties and recommended that
greater attention be paid to cases of incitement to hatred, discrimination and violence in the
media (A/HRC/30/56/Add.1, paras. 96 and 99). The Special Rapporteur on freedom of
religion or belief has not transmitted a communication to the Netherlands since 1995.
8.
Issues related to discrimination against religious and ethnic minorities in
employment, health care, housing and at asylum centres were raised in 2017 at the review
of the Netherlands during the third cycle of the universal periodic review. 3 The Government
received 16 recommendations related to freedom of religion or belief and accepted 13 of
them.
9.
The Special Rapporteur welcomes the efforts made by the Government to promote
international standards on freedom of religion or belief at home and abroad and commends
it on having convened the conference of the Istanbul Process for Combating Intolerance,
Discrimination and Incitement to Hatred and/or Violence on the Basis of Religion or Belief,
held on 18 and 19 November 2019 in The Hague. He also welcomes the appointment in
June 2019 of a special envoy on religion and belief.
1
2
3
The Netherlands does not accept individual petitions under the International Covenant on Economic,
Social and Cultural Rights, the Convention on the Rights of the Child or the Convention on the Rights
of Persons with Disabilities.
End of mission statement of the Special Rapporteur on contemporary forms of racism, racial
discrimination, xenophobia and related intolerance, at the conclusion of her mission to the
Netherlands (The Hague, 7 October 2019).
See the database of recommendations made during the universal periodic review.
3