A/HRC/44/57/Add.2
81.
A genuine commitment to racial equality, non-discrimination and inclusiveness
requires national and municipal authorities to engage with racial and ethnic minority
communities, especially people of African descent, to ensure that State-sponsored cultural
events and narratives are transformed to fully reflect the Netherlands and its people. The
Special Rapporteur has learned that there have been important developments where the
issue of Black Piet is concerned, including the decision not to include Black Piet in the
2019 televised national Sinterklaas parade. She has also learned about the constructive and
inclusive processes that the city of Amsterdam and others have pursued to combat racism
and embrace cultural expressions that better reflect social diversity. She commends these
efforts.
K.
Migrants, refugees and asylum seekers
82.
Although the Netherlands’ laws and policies on the rights of refugees and asylum
seekers are largely sound, some interlocutors have expressed serious concern about their
effective implementation. Particular concern has been expressed regarding officials’
misplaced emphasis on deterring asylum seekers and refugees rather than on better
protecting them.
83.
The Netherlands allows family reunification for persons with subsidiary protection
and extends similar protections to refugees as defined in the Convention relating to the
Status of Refugees. Some have highlighted, however, that waiting times for refugee status
determination are long and may be increasing and that these delays are detrimental to the
well-being of asylum seekers and refugees.
84.
An additional issue of concern is the separation of refugee children from their
parents, which in some cases appears to be influenced by ethnic and cultural stereotypes
that facilitate discriminatory treatment. In one case that has been the focus of the Special
Rapporteur and the Working Group of Experts on People of African Descent, seven refugee
children of African descent have been separated from their parents for almost two years. 75
This separation resulted from an administrative and judicial process fraught with cultural
misunderstandings and from what seems to be a racialized failure to take seriously the
efforts and pleas of the parents of these children. The Special Rapporteur urges the
Government to take urgent action to prevent racial discrimination in the enforcement of the
Child Protection Act, not only in the case of the family mentioned here but for all refugees
in the Netherlands.
85.
The detention centre in Zeist opened in October 2014 and houses both families with
children and unaccompanied children. Even though the Zeist facility lacks cells comparable
to those in the Rotterdam and Schiphol Airport detention centres, it is nevertheless a
detention centre.76 The Special Rapporteur is concerned that alternatives to detention are
rarely offered.77
86.
Recent amendments to social security-related laws are also of concern to the Special
Rapporteur. These strict criteria set out in these laws renders adequate social welfare
inaccessible to numerous individuals in need. In addition, amendments to the Participation
Act and the Social Support Act mean that responsibility for a range of social welfare and
protection programmes has been devolved from central to municipal authorities.
Unfortunately, some municipalities lack sufficient capacity to ensure adequate support for
migrants and families adversely affected by these laws.78 The Government must work with
municipalities to ensure that vulnerable populations, including migrants, refugees and
asylum seekers, receive adequate social security benefits.
75
76
77
78
See https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublic
CommunicationFile?gId=24097.
See www.rijksoverheid.nl/documenten/rapporten/2019/11/15/rapportage-vreemdelingenketenperiode-januari---juni-2019 and www.rijksoverheid.nl/onderwerpen/terugkeervreemdelingen/vreemdelingenbewaring (in Dutch).
Ibid.
E/C.12/NLD/6.
17