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TITLE: NETHERLANDS HUMAN RIGHTS PRACTICES, 1993
DATE: JANUARY 31, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
THE NETHERLANDS
The Netherlands is a constitutional monarchy with a
parliamentary legislative system. Executive authority is
exercised by the Prime Minister and Cabinet representing the
governing political parties (traditionally a coalition of at
least two major parties). The bicameral Parliament is elected
through nationwide proportional voting. The police, Royal
Constabulary, and investigative organs concerned with internal
and external security are effectively subordinated to the
executive and judicial authorities.
The Netherlands has an economy which is based on private
enterprise but which also has extensive involvement by
governmental entities. A complex social welfare system
provides a high level of social benefits.
The Netherlands attaches great importance to human rights.
Individual rights are protected by Dutch law and are widely
respected in practice by both the State and the general
public. The press, public interest groups, and domestic and
international human rights organizations are quick to challenge
practices which they believe violate established human rights
norms. Any complaints are thoroughly discussed by the media
and in Parliament and are often subjected to a judicial process.
There are no significant differences in human rights practices
between The Netherlands proper and the autonomous regions of
the Kingdom, i.e., Aruba and the five islands of the
Netherlands Antilles.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political and Other Extrajudicial Killing
No politically motivated killings by the Government or domestic
political groups are known to have occurred.
b. Disappearance
No known abductions, secret arrests, or clandestine detention
by police or other official security forces took place.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
Torture and cruel or inhuman punishment are prohibited by law
and were not known to occur in The Netherlands proper. An
impartial Netherlands Antilles Commission of Inquiry
constituted to investigate the claims of police brutality in
1991 and previous years concluded in September 1992, after
extensive investigation, that the charges were
unsubstantiated. However, according to Amnesty International,
the Commission in August 1992 reported that "it found evidence
of unlawful use of violence by the police on every island but
Saba. The violence consisted of beatings with truncheons and,
occasionally, fists." Further, "the Commission stated that
neither disciplinary nor criminal action had been taken in
obvious cases of serious police violence." Complaints about
prison conditions on Curacao and St. Maarten in 1993, including
allegations of beatings, lack of access to medical personnel
and overcrowding, have prompted an ongoing official
investigation by the public prosecutor's office.
In 1992, at the instigation of the Dutch Government, the
Government of the Netherlands Antilles established The Roemer
Commission to look into reports of police brutalities in the
Antilles and Aruba, and the structure of the police environment
there. Subsequently, and in cooperation with the Governments
of the Netherlands Antilles and Aruba, the Dutch Government
encouraged the initiation of training courses for Antillean and
Aruban police designed in part to prevent any future
mishandling of prisoners.
d. Arbitrary Arrest, Detention, or Exile
Freedom from arbitrary arrest is provided for by law and
respected in practice. Preventive detention is permitted only
in an emergency declared by national or municipal authorities,
and even then the detention may be for only a limited time.
Under normal circumstances a suspect may be held for no longer
than 6 hours (or 9 hours if arrested at night) before charges
must be brought. Persons suspected of having committed serious
crimes may be held in custody for 48 hours with the agreement
of the public prosecutor, who is authorized to decide on an
extension of the detention for an additional 48 hours. Any
further decision on extending detention is made by an
investigating judge. Search and arrest warrants issued by the
judiciary are required in most criminal cases. There are no
political prisoners. Forced exile is not practiced.
e. Denial of Fair Public Trial
The court system provides the right of appeal in all civil and
criminal cases. The judiciary is independent. The right to a
fair public trial is guaranteed by law and respected in
practice. Defendants are presumed innocent until proven
guilty. Charges must be formally stated. Defendants have the
right to counsel. A system of free or low cost legal
assistance exists for those defendants unable to pay. However,
The Netherlands was criticized in September 1993 by the
European Commission for Human Rights for limiting the right of
an attorney whose client is not present for the trial to speak
in court.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
A judicial warrant is required to enter a person's home or to
monitor private correspondence or telephone conversations.
Such warrants are granted upon the presentation of sufficient
justification to judicial authorities. The State respects
individual freedom of choice in family matters.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
A functioning democratic political system, an independent
press, and an effective judiciary ensure freedom of speech and
press. Dutch media policy allocates broadcast time to a wide
range of social, political, and ethnic groups, ensuring that
minority viewpoints are heard. In addition, a cable system
brings in numerous television and radio broadcasts from
neighboring countries.
There are no prepublication restraints on any of the media. A
traditional consensus precludes the mainstream media from
disseminating sensitive information involving national
security, defense, or the Royal Family. Violent or sensational
crimes are treated with discretion, with suspects and victims
often identified only by their initials. In ongoing
investigations, only minimal personal data are released on
criminal suspects, both to maintain the privacy of the suspect
and his family and to protect the integrity of the
investigation. Discrimination and incitement of hatred are
prohibited under law. While courts may ban political parties
at the request of the public prosecutor on the grounds of a
party's racist, violent, or discriminatory character, there has
never been an attempt to do so.
b. Freedom of Peaceful Assembly and Association
Freedom of assembly and association is virtually unrestricted.
For large assemblies and demonstrations of a political nature,
permits from local governmental authorities are required.
These permits are routinely granted, but may be denied when
authorities believe that "public order and safety" cannot be
guaranteed as a result of a rally or demonstration. Public
meetings of extreme rightist or racist groups have been
prohibited from time to time. The Government does not
arbitrarily impede membership in, or the formation of,
organizations.
c. Freedom of Religion
There is full freedom of religion. State subsidies are
provided to religious organizations which maintain educational
facilities.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
There is freedom of domestic and foreign travel, emigration,
and repatriation. In May 1992, The Netherlands began to
recognize dual citizenship and to make it easier for former
Dutch citizens to reclaim their citizenship.
The Netherlands has elaborate procedures for deciding asylum
applications; these take into account conditions in the
applicant's country of origin. Applicants who do not meet the
criteria for political asylum are nevertheless permitted to
remain in the Netherlands provisionally without refugee status
if conditions in their country of origin are so violent or
unsettled that returning them to that country would place them
in danger. However, rules regarding asylum seekers which were
proposed by the Ministry of Justice and approved by Parliament
in September proscribe consideration of an asylum request if
the applicant has had a previous request turned down or arrives
from another country where he or she could have applied for
asylum.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
The Netherlands is a functioning multiparty democracy.
Elections are based on proportional representation. There is
universal suffrage for citizens aged 18 and older. Foreign
residents may vote in municipal elections after 5 years of
legal residence. Citizens elect the Second Chamber (House of
Representatives) of Parliament generally every 4 years (sooner
if a government resigns or falls due to a parliamentary vote of
no confidence). The most recent national elections, held in
September 1989, resulted in a formation of a center-left
coalition, with Prime Minister Ruud Lubbers remaining in
office. Four major and five minor political parties have seats
in Parliament, representing the political spectrum from far
left to far right. National elections are next scheduled for
May 1994.
There are no restrictions in law or in practice on the
participation of women and minorities in government and
politics. The Government has encouraged women to seek elected
office by, among other things, a preferential hiring and
promotion policy. Furthermore, political parties have made
strong efforts to ensure greater representation of women on
their election lists. The Second Chamber of Parliament now
counts 44 women among its 150 members.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
Human rights groups, the media, and other interested parties
are free to pursue inquiries into human rights issues, and
Dutch authorities readily assist international and
nongovernmental organizations in their investigations.
Section 5 Discrimination Based on Race, Sex, Religion,
Disability, Language, or Social Status
Women
According to a study of violence against women, financed by the
Ministry of Welfare, Health, and Culture and published in 1989,
20.8 percent of Dutch women in heterosexual relationships were
victims of violence. Slightly over half of these (11 percent)
experienced repeated severe violence.
The Government supports programs to reduce and prevent violence
against women. Battered women find refuge in a network of
government-subsidized women's shelters offering the services of
social workers and psychologists. In addition, battered women
who leave their domestic partners become eligible for social
benefits which include an adequate basic subsidy as well as an
allowance for dependent children. There are also organizations
that advise and assist women who have been victims of sexual
assault. Spousal rape is a crime and carries the same penalty
as rape. Likewise, spousal abuse carries the same penalty as
assault.
Traditional cultural factors and inadequate child care
facilities can discourage women, especially women with young
children, from working, although part-time job opportunities
are often filled by women with families. The Dutch tax system
could be another obstacle to both spouses working, but only if
they are in different tax brackets. In practice, this is not
frequent because, since 1990, there have been only three tax
brackets, and 80 percent of the working population is in the
hightest tax bracket. The trend--especially for younger
women--is toward a higher level of employment.
Net participation of women rose by 180,000 labor years in the
period from 1988 to 1991, a rise of 4.5 percent per year,
compared to a 1 percent annual growth in male participation.
Nearly one-third of all workers in the Dutch economy work
part-time. Many of these part-time jobs are held by women who
seek part-time, rather than full-time, work because of family
demands on their time and lack of adequate childcare
facilities. Social services lag behind the demand caused by
the large increase in the number of working women with
children. In 1992, 46 percent of women aged 15 to 64 had full-
or part-time jobs, and about 40 percent of the work force was
female. The unemployment rate of women reentering the labor
market is high; most of the jobs available to them are in low
administrative and service categories. Women have less chance
of promotion than do men.
In 1988 the Government started positive action programs for
women, and a study of 1990 collective labor agreements by the
Social Affairs Ministry showed that almost all of these
contracts included one or more schemes to strengthen the
position of women. Legislation mandates equal pay for equal
work; prohibits dismissal because of marriage, pregnancy, or
motherhood; and provides the basis for equality in other
employment-related areas. A legislatively mandated Equal
Treatment Commission actively pursues complaints of
discrimination in these areas as well as allegations of pay
differentials.
Women have full legal and judicial rights and enter marriage
with the option of choosing community property or separate
regimes for their assets.
Women's groups dedicated to such issues as equal rights in
social security, the legal position of women, sexual abuse,
taxation, education, work, and prostitution operate freely
throughout The Netherlands. In February 1991 the Equal Rights
Council, in a report entitled "Sexual Intimidation in Work
Situations," called for tougher legislation to control sexual
harassment in the workplace. Nevertheless, a study published
in January 1992 showed that 20 percent of working women said
they had been a victim of sexual harassment in the workplace.
This figure rose to 29 percent for women in the 25 to 34 age
group. The Government has launched publicity campaigns to
increase awareness of the problem. As the biggest employer in
the country, it has taken measures to counter harassment among
civil servants, for example, in the police force.
Children
The Government is committed to ensuring the well-being of
children through numerous well-funded health, education, and
public information programs. The Council for the Protection of
Children, operated through the Ministry of Justice, enforces
child support orders, investigates cases of child abuse, and
recommends remedies ranging from counseling to withdrawal of
parental rights. In addition, the Government has set up a
popular children's hotline and a network of pediatricians who
track suspected cases of child abuse on a confidential basis.
National/Racial/Ethnic Minorities
Integration of racial and ethnic minorities into the social and
cultural mainstream remains a difficult domestic issue.
Incidents of violence against foreigners are relatively rare
and isolated. In November 1993, for example, a group known as
White Power took credit for an arson attack on a Rotterdam
store owned by a Pakistani as well as a series of threatening
letters to minority families. The Government has tried to
increase public awareness of racism and discrimination through,
among other media, television specials, billboard campaigns and
public speeches. In February, following years of debate,
Parliament approved an Equal Rights Act which bans
discrimination on the basis of sex, race, nationality, creed,
sexual, or political preference, and allows those who believe
they have been discriminated against to take the offender to
court under civil law.
There was a small number of isolated anti-Semitic incidents at
soccer matches, involving rascist chants and Nazi gestures. As
a result of a year long study on racism and soccer, the Royal
Dutch Football Union on January 22 announced a series of
measures designed to combat hooliganism and racial incidents at
soccer games, including a threat to stop matches if racial
taunting was heard. No further incidents of racial taunting
have occurred since that time.
Some 264,000 persons from the former Dutch colony of Suriname
have come to live in the Netherlands since 1975. There are
also approximately 85,000 persons from the Netherlands Antilles
and Aruba. In addition, there are about 207,000 Turkish and
168,000 Moroccan workers and family members. These groups face
some de facto discrimination in housing and employment, as well
as practical limits on opportunities for economic and social
advancement as a result of educational and skill levels which
do not compare favorably with those of the majority of Dutch
citizens.
Unemployment among large minority groups is four times higher
than the national average. Government, employers, and union
leaders agreed in November 1990 on a series of measures
designed to reduce minority unemployment levels to the national
average. The goal was to increase minority employment by
15,000 jobs per year over a 4-year period. The Government
continued to work with employers to meet this goal. It
announced in July that the number of jobs held by ethnic
minorities increased by 38,000 during the same period.
Anecdotal evidence suggests the unemployment rate of minorities
in the larger cities has steadily increased and now is
estimated to stand at 35 to 40 percent in Amsterdam and
Rotterdam, compared with the national unemployment rate (ILO
criteria) of 7 to 8 percent. The unemployment rate is highest
among Moroccans and Turks, and substantially higher for the
female population or both communities.
The municipalities of Rotterdam and Amsterdam have a number of
programs to promote integration of ethnic minorities. Several
seek to keep minority children in school and provide them with
the skills they need to enter the labor force. Others seek to
bring persons of different cultures together and prevent flare-
ups in certain neighborhoods. Many of these programs receive
funding from the national Government. Although police forces
in Rotterdam and Amsterdam have outreach programs, efforts to
hire minorities for the police forces have been largely
unsuccessful. For example, Amsterdam has only two Turkish
speaking policemen on its police force. While the Government
has said it will refrain from using contract compliance
measures or imposing quotas, the Second Chamber of Parliament
approved legislation in July which will oblige businesses to
report to labor councils on the number of ethnic minority
personnel they employ. Minorities now comprise 3 percent of
the personnel employed in the national Government; the stated
goal is to raise this to 5 percent by 1995.
The National Advisory and Consultation Board on Minority Policy
addresses the problems of minorities in the fields of health,
education, employment, and the law. Chaired by the Minister of
Internal Affairs, it includes representatives of seven ethnic
minority groups and acts as a consultative body to the Cabinet
on minority issues and as a conduit to the Government for the
expression of minority concerns. Currently represented on the
Board are the Surinamese, Turks, Moroccans, Indonesians,
legally admitted refugees, Antilleans and "Northern
Mediterraneans." Administrative tribunals have been set up for
filing claims of discrimination both against employers and the
Government and in housing matters. They provide a practical
means of redress for discrimination claims.
People with Disabilities
The Netherlands has made an effort to ensure that the needs of
disabled people are met. The government-funded programs for
the disabled included subsidies to adapt housing and public
transportation, day activity centers, and incentives to
employers to hire people with disabilities. Local governments
are increasingly mandating access to public buildings for the
disabled.
Section 6 Worker Rights
a. The Right of Association
The active trade union movement includes in its membership
about 25 percent of the employee work force, but the collective
labor agreements negotiated by the unions cover about 76
percent of all paid workers.
Dutch trade unions used to be confessional, related to the
three pillars of old Dutch society--Protestant, Catholic, and
non-affiliated/Socialist. This clear division no longer
exists. The largest labor federation is the Federated Dutch
Trade Union Movement (FNV), created in 1982 by a merger of
Catholic and Socialist unions. About 60 percent of all trade
union members are in the FNV. About 20 percent of union
members belong to the Christian National Trade Union
Confederation (CNV), which is mainly but not exclusively
Protestant. The Trade Union Confederation which covers middle
management and managerial staff has about 7 percent of the
union membership. Other union members belong to smaller,
independent unions. Members of the Dutch armed forces may
belong to unions.
Unions are entirely free of control by the Government and
political parties. They may and do participate in political
activities. Several Labor Party (PVDA) Members of Parliament
have a background as union activists.
With the exception of most civil servants, all workers have the
right to strike, and this right is exercised freely. In 1992
there were 23 labor disputes involving 52,419 workers with
85,416 workdays lost. Disputes involving civil servant
complaints may be appealed to an arbitration panel. The
Government and unions continue to discuss their longstanding
differences over the issue of the right of civil service
workers to strike and the definition of "essential" civil
services.
b. The Right to Organize and Bargain Collectively
The right to organize and bargain collectively is recognized
and well established. Discrimination against workers because
of their union membership is illegal and does not exist in
practice.
Collective bargaining agreements are negotiated in the
framework of the social partnership in industrial relations
developed among trade unions, private employers, and the
Government. These three participants in the Social Economic
Council meet every autumn and discuss labor issues, including
the state of the economy, appropriate wage levels for existing
conditions, and maintaining international competitiveness.
They develop a "central accord" with agreed social and economic
goals for the coming year. A central tripartite body, the
Labor Commission, oversees implementation of the industrial
relations system.
Under this umbrella agreement, unions and employers'
associations negotiate collective bargaining agreements on a
sectoral basis. The Government can, and usually does, extend
these agreements to all companies in the sector. As a result,
approximately 76 percent of workers are covered by collective
bargaining agreements.
Government, unions, and employers recognize the seriousness of
the unemployment problem (some of it structural and common to
certain other industrialized countries) and the need to
maintain Dutch competitiveness by moderating wage demands and
keeping labor costs as low as possible. The Government
announced in September that it would freeze wages, by
legislation if necessary, to put pressure on employer groups
and unions to reach collective bargaining agreements which do
not include wage increases. This announcement created
controversy because of commitments arising from International
Labor Organization (ILO) conventions and the Social Charter of
the Council of Europe. The social partners agreed that in any
case wage increases should not rise above the rate of inflation.
The Government has been asked by ILO committees to amend the
Wage Determination Act of 1970, which gave the Government the
power to freeze terms and conditions of employment in the
public sector in the face of compelling reasons of national
economic interest. At year's end, the Government was in the
final stages of amending the Act to remove these sections.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor
Forced or compulsory labor is prohibited by the Constitution
and does not exist.
d. Minimum Age for Employment of Children
The minimum age for employment is 16. At that age, young
people may work full time only if they have completed the
mandatory 10 years of schooling. Those still in school at age
16 may not work more than 8 hours per week. People under the
age of 18 are prohibited by law from working at night, working
overtime, or working in areas which could be dangerous to their
physical or mental development. The laws are effectively
enforced by the Labor Commission, a tripartite entity which
monitors hiring practices and conducts inspections.
e. Acceptable Conditions of Work
The minimum wage for adult workers is established by law and
can be adjusted at government discretion every 6 months to
reflect changes in the cost of living. Since 1982, few
adjustments have been made; had adjustments been made
consistently, it is estimated that the minimum wage would be
about 15 percent higher than it is. There is a reduced minimum
wage for workers under 23 which ranges from 33 percent of the
adult minimum wage for workers aged 16 to 85 percent for those
aged 22. The purpose of the reduced minimum wage law is to
provide incentives for the employment of young people, one of
the demographic groups with the highest rate of unemployment.
The legislated minimum wage, together with social benefits
available to all minimum wage earners, provides an adequate
living for workers and their families.
The actual working week in the Netherlands, according to
European Union (EU) figures, is 35.8 hours, compared to the
EU's average of 38.8 hours. This figure partly reflects the
high level of part-time work done in the Netherlands. Maximum
work hours are now legislated at 48 hours a week with strict
rules about working hours at night, Saturday afternoon, and
Sunday. At year's end the Government was preparing to
introduce a bill to permit more flexible working hours,
although the maximum number of hours per week will still be
limited. Full time workers over age 16 receive, on the basis
of 38 hours a week, 152 hours of vacation a year. However, the
usual vacation period is 24.2 days or 190 hours a year. There
are also generous welfare provisions for workers who become
sick or disabled. For unemployed workers, there is an
extensive system of benefits that allows recipients to maintain
an adequate standard of living.
Working conditions, including comprehensive occupational safety
and health standards set by law and regulation, are actively
monitored by the Labor Commission. Enforcement is effective.
Workers may refuse to continue work at a hazardous work site.
The Ministry of Social Affairs also polices standards through
its Labor Inspectorate.
[end of document]
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