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Title: The Netherlands Human Rights Practices, 1995
Author: U.S. Department of State
Date: March 1996
THE NETHERLANDS
The Netherlands is a constitutional monarchy with a parliamentary
legislative system and an independent judiciary. 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 free and fair
elections.
Regional police forces are primarily responsible for maintaining
internal security. The police, the royal constabulary, and
investigative organizations concerned with internal and external
security are effectively subordinated to civilian authority.
The market-based economy is export oriented and features a mixture of
industry, services, and agriculture. Key industries include chemicals,
oil refining, natural gas, machinery, and electronics. The agricultural
sector produces fruit, vegetables, flowers, meat, and dairy products.
Living standards and the level of social benefits are high. At just
over 7 percent of the work force, unemployment is a serious problem, and
one which affects minorities relatively more than the general
population.
The Government fully respects the rights of its citizens, and the law
and judiciary provide effective means of dealing with instances of
individual abuse. The Government is taking serious steps to address
violence and discrimination against women. The Government has also
taken steps to address societal discrimination against minorities. The
Criminal Investigation Service registered dozens of racist incidents
with life-threatening violence, such as shootings, arson, and physical
abuse.
Aruba and the Netherlands Antilles, which are two autonomous regions of
the kingdom, also feature parliamentary systems and full constitutional
protection of human rights. In practice, government respect for human
rights on these islands generally is little different from that in the
European Netherlands. The two Caribbean Governments have taken measures
to address past reports of police brutality. Prison conditions remain
substandard.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including Freedom
from:
a. Political and Other Extrajudicial Killing
There were no reports of political or other extrajudicial killings.
b. Disappearance
There were no reports of politically motivated disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment
The Constitution prohibits such practices, and there were no reports
that officials employed them.
In response to police mistreatment of suspects and prisoners in the
Netherlands Antilles, the Antillean Government established an
independent commission with investigatory powers to respond to
complaints from the public about police brutality, and the Dutch
Government funded a police professionalization training program there,
which graduated its first class in September. The Dutch agreed to adapt
the training program for Aruba as well and to establish a commission to
look into Aruba's police training needs.
Prison conditions in the islands, and particularly on Curacao and St.
Maarten in the Netherlands Antilles, are generally considered
substandard. Prisoners continued to complain of poor food, lack of
access to medical personnel, and overcrowding. The Dutch Ministry of
Justice made a series of recommendations in 1994 for the reorganization
of the Netherlands Antillean prison system. In January the island
government pledged to implement those recommendations but took no action
during the year. The governments allow access by nongovernmental
organizations (NGO's) to prisons; Council of Europe rapporteurs visited
Aruba, Curacao, and St. Maarten in the spring.
d. Arbitrary Arrest, Detention, or Exile
The law prohibits arbitrary arrest, detention, or exile, and the
Government observes this prohibition.
e. Denial of Fair Public Trial
The Constitution provides for an independent judiciary, and the
Government respects this provision in practice. The judiciary provides
citizens with a fair and efficient judicial process. The law provides
for the right to a fair trial, and the independent judiciary vigorously
enforces this right.
There were no reports of political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The law prohibits such practices, government authorities generally
respect these prohibitions, and violations are subject to effective
legal sanction.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The law provides for freedom of speech and of the press, and the
Government respects these rights in practice. An independent press, an
effective judiciary, and a functioning democratic political system
combine to ensure freedom of speech and of the press, including academic
freedom.
b. Freedom of Peaceful Assembly and Association
The law provides for these rights, and the Government respects them in
practice.
c. Freedom of Religion
The law provides for freedom of religion, and the Government respects
this right in practice. State subsidies are provided to religious
organizations that maintain educational facilities.
d. Freedom of Movement Within the Country, Foreign Travel,
Emigration, and Repatriation
The law provides for these rights, and the Government respects them in
practice. The Government cooperates with the U.N. High Commissioner for
Refugees and other humanitarian organizations in assisting refugees.
There were no reports of forced expulsion of those having a valid claim
to refugee status. In January the Government instituted tighter
criteria for granting asylum, resulting in a 50 percent drop in the
number of asylum applicants in the first half of the year.
Section 3 Respect for Political Rights: The Right of Citizens to
Change Their Government
The Constitution provides citizens with the right to change their
government peacefully, and citizens exercise this right in practice
through periodic, free, and fair elections held on the basis of
universal suffrage.
There are no restrictions in law or in practice on the participation of
women and minorities in government and politics. The second chamber of
Parliament includes 49 women among its 150 members. Four of 13 cabinet
ministers and 80 of 633 mayors are women.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human Rights
Human rights groups operate without government restriction,
investigating and publishing their findings. Government officials are
very cooperative and responsive to their views.
Section 5 Discrimination Based on Race, Sex, Religion, Disability,
Language, or Social Status
The law bans discrimination on the basis of any of these factors or on
sexual orientation or political preference. The Government generally is
effective in enforcing these provisions. Under a new Equal Treatment
Act, complainants may take offenders to court under civil law.
Women
The Government supports programs to reduce and prevent violence against
women. Battered women find refuge in a network of 48 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.
Nongovernmental organizations also advise and assist women who have been
victims of sexual assault. Since 1991 marital rape has been a crime and
carries the same penalty as rape. Spousal abuse carries a one-third
higher penalty than ordinary battery. However, since the judicial
system does not compile statistics distinguishing spousal abuse from
battery, it is difficult to estimate the extent of the problem. The
most recent study, by the Ministry of Welfare, Health, and Culture in
1989, showed that over 20 percent of women in heterosexual relationships
were victims of violence during their lifetimes. Slightly over half of
these suffered repeated severe violence.
Concern over trafficking in women for prostitution is on the rise. The
Dutch Foundation Against Trafficking in Women estimates that each year
around 1,000 women are brought into the Netherlands for purposes of
prostitution. The International Organization for Migration collected
data on 155 women brought from Eastern and Central Europe to the
Netherlands in 1994 and found that over 95 percent had become trapped in
prostitution. Women who are forced to work illegally as prostitutes
have special exemptions in immigration law and receive counseling and
legal assistance. In June the Dutch Society of Attorneys General issued
new guidelines for prosecutors to improve enforcement of the existing
law against trafficking in women.
Women are increasingly entering the job market, but traditional cultural
factors and inadequate child care facilities can discourage women--
especially those with young children--from working. Although more than
40 percent of the Dutch work force is now female, many women work only
part-time. Only 52 percent of women ages 15 to 64 have jobs, and 64
percent of these employed women work less than 35 hours a week. By
contrast, 75 percent of men in this age group are employed, 85 percent
of whom work 35 or more hours a week.
Women are often underemployed and have less chance of promotion than
their male colleagues. The unemployment rate of women reentering the
labor market is high. A 1993 study of central government civil servants
showed that, while 58 percent of those in the lowest salary grade were
women, only 9 percent in the highest grade were women. These problems
notwithstanding, women are making steady progress by moving into
important professional and high-visibility jobs.
In 1988 the Government began instituting affirmative action programs for
women. Collective labor agreements usually include 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 differences.
The Dutch social welfare and national health systems provide
considerable assistance to working women with families. Women are
eligible for 16 weeks of maternity leave at full pay. The Parental
Leave Law allows new mothers and fathers to work only 20 hours a week
over a 6-month period.
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. The Social Ministry,
citing research which showed that one in three working women has
experienced sexual harassment in the workplace, initiated legislation to
address this problem. And in 1994, Parliament passed an amendment to
the Workers' Conditions Act requiring employers to take measures to
protect workers. The Government runs an ongoing publicity campaign 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 hot line for children and a network of pediatricians who track
suspected cases of child abuse on a confidential basis. There is no
pattern of societal abuse of children.
International sex tourism involving abuse of minor children is
prosecutable under Dutch law. In November Parliament passed legislation
raising the minimum penalty for child pornography offenses from 3
months' to 4 years' imprisonment, and to 6 years' in the event of
financial gain. The new legislation also allows for provisional arrest,
house searches, and criminal financial investigations. Moreover, it
will no longer have to be proven that a person possesses child
pornography for the purpose of distribution or public display.
Sufficient cause for prosecution will be "the possession of pictures of
sexual behavior with minors."
People with Disabilities
There is no discrimination against disabled persons in employment,
education, or in the provision of other state services. Local
governments are increasingly mandating access to public buildings for
the disabled.
National/Racial/Ethnic Minorities
Integration of racial and ethnic minorities into the social and cultural
mainstream remains a difficult domestic issue.
The Government has tried to increase public awareness of racism and
discrimination. The law bans discrimination on the basis of race or
nationality and allows those who believe that they have been
discriminated against to take the offender to court under civil law. A
1994 study by the University of Leiden and the Dutch Public Safety
Service concluded that the number of incidents of violence against
foreigners and ethnic minorities had increased in recent years. The
study counted the number of reported racially motivated incidents of
violence in 1993 to be around 350 but estimated the unreported number to
be much higher. In 1994 the Criminal Investigation Service (CRI)
registered 1,114 racist incidents, ranging from racist pamphlets and
painted slogans to bomb threats, assaults, physical abuse, and
destruction of property. There was no noticeable increase in the number
of incidents in the first 6 months of 1995. CRI registers only
incidents of "lighter offenses," e.g., painted swastikas, when a
complaint has been field. Therefore, it estimates that the number of
such incidents is much higher.
Immigrant groups face some de facto discrimination in housing and
employment. These groups, concentrated in the larger cities, suffer
from a high rate of unemployment. The Government has been working for
several years with employers' groups and unions to reduce minority
unemployment levels to the national average. As a result of these
efforts, in recent years the rate of job creation among ethnic
minorities has been higher than among the general population.
A 1994 law requiring employers with a work force of over 35 people to
register their non-Dutch employees has run into implementation problems.
Some employers find the law burdensome, and some minority employees
object to being counted as "non-Dutch." Employers must submit
confidential affirmative action plans including recruitment targets and
proposed means of reaching that target.
Section 6 Worker Rights
a. The Right of Association
Membership in labor unions is open to all workers including military,
police, and civil service employees. People are entitled to form or
join unions of their own choosing without previous government
authorization, and unions are free to affiliate with national trade
union federations. This right is freely exercised.
Unions are entirely free of control by the Government and political
parties. Union members may and do participate in political activities.
All workers have the right to strike, except for most civil servants who
have other institutionalized means of protection and redress. The right
to strike is exercised freely, but the number of strikes each year is
very low and resulted in only 47.5 lost labor days in 1994. There is no
retribution against striking workers.
About 25 percent of the Dutch work force is unionized, but union-
negotiated collective bargaining agreements are usually extended to
cover about three-quarters of the work force. The white-collar unions'
membership is the fastest growing.
There are four union federations in the Netherlands, and there are also
independent unions. These federations are active internationally,
without restriction.
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 union membership
is illegal and does not occur.
Collective bargaining agreements are negotiated in the framework of the
"Social Partnership" developed between trade unions and private
employers. Representatives of the main union federations, employers'
organizations, and the Government meet each autumn to discuss labor
issues, including wage levels and their relation to the state of the
economy and to international competition. The discussions lead to a
central accord with social as well as economic goals for the coming
year. Under this umbrella agreement, unions and employers in various
sectors negotiate sectoral agreements, which the Government usually
extends to all companies in the respective sector. As a result,
collective bargaining agreements cover three-quarters of the labor
force.
Antiunion discrimination is prohibited. Union federations and
employers' organizations form the "Social Partnership" and are
represented, along with independent experts, on the Social and Economic
Council. The Council is the major advisory board to the Government on
its policies and legislation regarding national and international social
and economic matters.
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 occur.
d. Minimum Age for Employment of Children
The minimum age for employment is 16 years, and for full-time work it is
conditioned on completion of the mandatory 10 years of schooling. Those
still in school at age 16 may not work more than 8 hours per week.
People under age 18 are prohibited by law from working at night,
overtime, or in areas dangerous to their physical or mental well-being.
The laws are effectively enforced by the tripartite Labor Commission,
which monitors hiring practices and conducts inspections.
e. Acceptable Conditions of Work
The minimum wage for adults is established by law and can be adjusted
every 6 months to changes in the cost-of-living index. Since 1982 few
adjustments have been made, and the rise in the minimum wage has lagged
well behind the rise in the index. The gross minimum wage is $1,352 per
month (2,163 guilders). For workers earning the minimum wage, employers
currently pay $3,750 a year (f. 6,000) in premiums for social security
benefits, which includes medical insurance. Only 3 percent of workers
earn the minimum wage because collective bargaining agreements, which
are normally extended across a sector, usually fix a minimum wage well
above the legislated minimum. Government, unions, and employers are
discussing ways to increase the number of minimum wage jobs and to
decrease employers' social payments in order to lower the cost of hiring
new workers and to create more jobs, especially for the long-term
unemployed.
There is a reduced minimum wage for young people under age 23--one of
the demographic groups with the highest rate of unemployment--intended
to provide incentives for their employment. This wage ranges from 33
percent of the adult minimum wage for workers ages 16 to 85 percent for
those ages 22. The legislated minimum wage and social benefits
available to all minimum wage earners provide an adequate standard of
living for workers and their families.
A 40-hour workweek is established by law, but collective bargaining
agreements often set a shorter workweek. The rapid increase of
telecommuting and high level of part-time work have lowered the
estimated actual workweek to 35.8 hours, under the European average. As
a job creating measure, the Government now permits flexible hours. For
some, this could mean more than an 8-hour day, within the weekly legal
limits. However, collective bargaining negotiations are heading toward
an eventual 36-hour week for full-time employees.
Working conditions, including comprehensive occupational safety and
health standards set by law and regulations, are actively monitored by
the tripartite Labor Commission. Enforcement is effective. Workers may
refuse to continue working at a hazardous work site. The Ministry of
Labor and Social Affairs also monitors standards through its labor
inspectorate.
(###)
[end of document]
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