The new government announced proposals that would discriminate against refugees and asylum seekers. Racial profiling persisted in law enforcement and welfare fraud detection. Peaceful protesters were subjected to unlawful surveillance measures. A new sexual offences law included a consent-based definition of rape. Climate policies were weakened.
Refugees’ and migrants’ rights
In April, a group of civil society organizations began legal action against the government for concluding and implementing a 2016 agreement whereby EU member states seek to outsource refugee protection to Turkey, despite the foreseeable human rights violations.1
The new government announced proposals to restrict the procedural position of asylum seekers, including limiting legal aid and removing their right to appeal a court decision on their asylum claim.
In Aruba, a constituent country of the Kingdom of the Netherlands, Venezuelan asylum seekers, including children, lacked access to fair and effective asylum procedures.2
Discrimination
Racial profiling in law enforcement and welfare fraud detection remained a structural and government-wide problem.3 Protection against the use of discriminatory risk models in the benefits system remained inadequate.4
Gender-based violence
In July, the Sexual Offences Act came into force, establishing a consent-based legal definition of rape in line with international human rights standards.5
In October, the State Secretary of Justice announced a bill to criminalize psychological violence in the context of domestic violence.6
Freedom of peaceful assembly
Throughout the year, police employed drones and video surveillance cars with advanced cameras and facial recognition technology as surveillance tools against peaceful protesters, without adequate regulation, safeguards or accountability.7
In February, the minister of justice, the police and the Public Prosecutor’s Office responded to farmers’ protests, highway blockades by Extinction Rebellion and Palestinian solidarity protests, stating “these are not protests” and announcing firmer and faster action against activists. In May, a majority in parliament voted in favour of a ban on the chant “From the river to the sea”. In August, the new minister of justice stated that he wanted to explore restrictions on the right to demonstrate.
Irresponsible arms transfers
On 12 February a court of appeal ordered the Netherlands to halt the export and transit of F-35 fighter jet parts to Israel, finding that there was a “clear risk” that the parts would be used to commit or facilitate serious violations of international humanitarian law.
Right to housing
In April, the UN Special Rapporteur on the right to adequate housing noted that the right to housing was not guaranteed in domestic law, and expressed concerns about the acute housing crisis, homelessness and in particular the treatment of non-citizens who are homeless.
Right to a healthy environment
The new government weakened climate policies, threatening the target of a 55% reduction in greenhouse gas emissions by 2030. The government postponed plans to phase out domestic fossil fuel support measures.
- “Netherlands: NGOs sue Dutch state over EU – Turkey refugee deal”, 8 April ↩︎
- Netherlands: Unprotected: Unveiling Gaps in the Protection of Venezuelan Refugees in Aruba, 1 October ↩︎
- Netherlands: Ethnic Profiling is a Government-wide Problem, 21 March (Dutch only) ↩︎
- Netherlands: Profiled Without Protection, Students in The Netherlands Hit by Discriminatory Benefits Fraud Detection, 21 November ↩︎
- Netherlands: Insufficient Implementation of the Istanbul Convention, 3 July ↩︎
- “Netherlands: Cabinet wants to criminalize psychological violence”, 17 October (Dutch only) ↩︎
- Netherlands: Recording Dissent: Camera Surveillance at Peaceful Protests in The Netherlands, 16 October ↩︎
